Sutton Storage LLC v. Safeco Insurance Co.

ORDER GRANTING THE MOTION TO REMAND [Docket 12].

TIMOTHY M. BURGESS, District Judge.

I. PENDING MOTION

At Docket 12 Plaintiff Sutton Storage LLC ("Sutton Storage") filed a Motion to Remand. Defendant Safeco Insurance Co. of America ("Safeco") has opposed the motion.^[1] The court has determined that neither reply by Sutton Storage nor oral argument would materially assist in the resolution of the issue before the court. Accordingly, the matter is submitted for decision on the opening and opposing briefs.^[2]

II. BACKGROUND/ISSUE PRESENTED

Sutton Storage, an Alaska LLC, initiated this suit in the Alaska Superior Court against Safeco, a New Hampshire Corporation having its principal place of business in Boston, Massachusetts. Safeco removed the action to this court.^[3] The issue presented to this Court is whether or not the amount in controversy exceeds the jurisdictional floor, $75, 000.00.^[4]

III. DISCUSSION

In its prayer relief Sutton Storege does not specify the amount of the dameages sought; instead Sutton Storage prays for judgment against Safeco as follow:

a. payment of benefits under the "Landlord Protection Insurance Policy";

b. compensatory, consequential, general, special, statutory and exemplary damages within the jurisdictional limit of this court;

c. interest, costs, and attorney fees as provided by the rules of court, state decisional law, Alaska Statutes; and

d. such other relief the court deems fair, just and equitable.^[5]

In its Notice of Removal Safeco contends that the amount in controversy exceeds $75, 000. Thus, removal of this action is governed by § 1446(c)(2), which provides:

(2) If removal of a civil action is sought on the basis of the jurisdiction conferred by section 1332(a), the sum demanded in good faith in the initial pleading shall be deemed ...