Napier v. HUMANA MARKETPOINT, INC.

ORDER

DAVID C. GODBEY, District Judge.

This Order addresses Plaintiff Martha Napier’s (“Napier”) motion to remand [7]. Because Napier’s Original Petition affirmatively revealed on its face that the amount in controversy exceeded $75,000, the Court finds untimely Defendants Humana Marketpoint, Inc. and Humana, Inc.’s (collectively “Humana”) removal on June 14, 2011 — seventy six days after Humana received Napier’s Original Petition. Accordingly, the Court grants Napier’s motion and remands the case.

I. Origins of Plaintiff’s Motion to Remand

On March 28, 2011, Napier filed her Original Petition…