Prater v. State Farm Fire & Casualty Company
This text of Prater v. State Farm Fire & Casualty Company (Prater v. State Farm Fire & Casualty Company) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION
PAUL PRATER PLAINTIFF
No. 4:21-cv-680-DPM
STATE FARM FIRE & CASUALTY COMPANY and STATE FARM GENERAL INSURANCE COMPANY DEFENDANTS
ORDER Removed case noted. The Court has an independent obligation to make sure it has subject matter jurisdiction. Hertz Corp. v. Friend, 559 U.S. 77, 95 (2010). On the facts pleaded, Prater has no plausible bad faith claim. Willis v. Shelter Mutual Insurance Co., E.D. Ark. Case No. 5:12-cv-101-DPM, Doc. 27 at 1-3 (15 November 2012) (discussing the Arkansas precedent). That claim is the only potentially solid basis for punitive damages. L.L. Cole & Son, Inc. v. Hickman, 282 Ark. 6, 8-9, 665 S.W.2d 278, 280-81 (1984). Unless Prater files a proposed amended complaint by 13 August 2021, the Court will remand because there is no possible way for the amount in controversy to satisfy the statutory threshold. 28 U.S.C. § 1332(a).
So Ordered. __ EEN fe D.P. Marshall Jr. United States District Judge 3 Avast Adal _
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