Bogle v. Regal Colonnade

District Court, D. Nevada

Bogle v. Regal Colonnade

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA DAVID BOGLE, Case No.: 2:22-cv-01054-APG-EJY 4 Plaintiff Order Remanding Case to State Court v. REGAL COLONNADE, et al., 7 Defendants 8 I previously ordered the defendants to show cause why this case should not be remanded to state court for failure to establish the amount in controversy. ECF No. 9. The defendants responded by presenting evidence that prior to filing suit, the plaintiff made a demand for the policy limit, which is $1,000,000. ECF No. 11 at 10, 20. But at the time of that demand, the 12}| plaintiff did not know what the limit was. /d. at 10 (“Unfortunately, your insured has chosen not divulge the amount of their policy limits.”). The only other evidence the defendants offer is the plaintiffs refusal to stipulate to cap damages at $75,000. /d. at 23. That is insufficient for the 15}| defendants to meet their burden of showing that more than $75,000 is at issue. See, e.g., Jauregui v. Mid-Century Ins. Co., No. 2:16-cv-01496-GMN-NJK,

2016 WL 5952742

, at *2 (D. Nev. Oct. 12, 2016). 18 I THEREFORE ORDER that this case is remanded to the state court from which it was removed for all further proceedings. The clerk of the court is instructed to close this case. 20 DATED this Ist day of August, 2022. 21 OIE ANDREWP.GORDON. SS 3 UNITED STATES DISTRICT JUDGE

Reference

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