IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

GEORGIA TEACHER, et al., *

*

 Plaintiffs, *

*

vs. * CIVIL ACTION NO. 14-00546-CG-B

*

*

BOBBY NEAL, et al., *

*

 Defendants. *

REPORT AND RECOMMENDATION

This case is before the Court on Plaintiffs’ Motion to 

Remand, and Defendant’s response. (Docs. 9, 13). The motion has

been referred to the undersigned Magistrate Judge for entry of a 

Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). 

Upon consideration of Plaintiffs’ motion, and Defendant’s 

response, the undersigned RECOMMENDS that Plaintiffs’ motion be 

granted, and that this action be remanded to the Circuit Court 

of Hale County, Alabama. 

Defendant Bobby Neal removed this action under 28 U.S.C. §

1332 based on diversity of citizenship and on the assertion that 

the amount in controversy exceeds $75,000 because each Plaintiff 

claims, in each count, damages not to exceed $74,499.00.1 (Doc. 

 1 28 U.S.C. § 1332 provides:

(a) The district courts shall have original jurisdiction of 

all civil actions where the matter in controversy exceeds the 

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1). According to Defendant, when the damages claimed in each 

count are added together, the amount in controversy exceeds 

$75,000. In Plaintiffs’ motion seeking remand (Doc. 10), they 

assert that their individual damages’ claims are limited to 

$74,499.00, and they clarify, in accompanying affidavits, that 

they will not seek, and under no circumstances will they accept 

a judgment or settlement in excess of “$74,999.00 exclusive of 

interest." (Docs. 10, 10-1). Defendant acknowledges that in 

light of Plaintiffs’ stipulations, this action should be 

remanded to the Circuit Court of Hale County, Alabama. (Doc. 

13). Defendant also requests an order directing Plaintiffs and 

their counsel to strictly adhere to their damage limitations. 

 

sum or value of $ 75,000, exclusive of interest and costs, and 

is between—

(1) Citizens of different States;

(2) citizens of a State and citizens or subjects of 

a foreign state, except that the district courts shall 

not have original jurisdiction under this subsection 

of an action between citizens of a State and citizens 

or subjects of a foreign state who are lawfully 

admitted for permanent residence in the United States 

and are domiciled in the same State;

(3) citizens of different States and in which 

citizens or subjects of a foreign state are additional 

parties; and

(4) a foreign state, defined in section 1603(a) of 

this title [28 U.S.C. § 1603 (a)] as plaintiff and 

citizens of a State or of different States.

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In light of the foregoing, the undersigned RECOMMENDS that 

Plaintiffs’ motion be granted, and that this action be remanded 

to the Circuit Court of Hale County, Alabama. The undersigned 

finds that an order directing Plaintiffs and their counsel to 

strictly adhere to their damage limitations is unnecessary given 

their obligations under Rule 11 of the Federal Rules of Civil 

Procedure.

Notice of Right to File Objections

A copy of this report and recommendation shall be served on 

all parties in the manner provided by law. Any party who 

objects to this recommendation or anything in it must, within 

fourteen (14) days of the date of service of this document, file 

specific written objections with the Clerk of this Court. See 

28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); S.D. Ala. L.R. 

72.4. In order to be specific, an objection must identify the 

specific finding or recommendation to which objection is made, 

state the basis for the objection, and specify the place in the 

Magistrate Judge’s report and recommendation where the disputed 

determination is found. An objection that merely incorporates 

by reference or refers to the briefing before the Magistrate 

Judge is not specific.

DONE this 14th day of January, 2015.

 /s/ SONJA F. BIVINS 

 UNITED STATES MAGISTRATE JUDGE

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