TOM S. LEE, United States District Judge
By memorandum opinion and order dated June 14, 2002, this court ordered that the motions of certain of the plaintiffs in these consolidated cases be granted and those of other plaintiffs be denied, and stayed ruling on the motions to remand filed by two plaintiffs, Carolyn Jenkins and Brindle Ashford, in order to give defendant an opportunity to depose these two individuals.
The court is advised that Jenkins has now been deposed and in her deposition testimony, she testified that she is seeking $74,999 in damages "for everything." In view of her testimony in this regard, the court concludes that her motion to remand is well taken, and her motion to remand, in Civil Action No. 4:01CV226LN, will be granted.
Defendant advises that despite the court's June 14 order specifically granting defendant the opportunity to depose her, Brindle Ashford, the plaintiff in Civil Action No. 4:01CV234LN, has failed to sit for a deposition. Defendant thus urges that in view of this failure, Ashford's motion to remand should be denied. A review of the papers furnished by defendant reflect that on June 19, 2002, a letter was written by counsel for defendant to counsel for Ashford inquiring about potential dates for the depositions of both Jenkins and Ashford. The parties evidently managed to schedule the deposition of Jenkins, but the same did not occur with respect to Ashford. In view of the nature of Ashford's allegations in her complaint, and her failure to limit her damages demand to an amount less than the $75,000 threshold for federal diversity jurisdiction, the court concludes that her motion to remand should be denied.
This plaintiff's counsel included with the motion to remand an affidavit prepared for the plaintiff purporting to limit her damages to no more than $74,999. This affidavit, though, is u unsigned; and though her supporting memorandum recited that she would supplement her motion with a signed and notarized affidavit, that does not seem to have occurred.
Accordingly, it is ordered that Jenkins' motion to remand in Civil Action No. 4:01CV22GLN, is granted, and Ashford's motion to remand in Civil Action No. No. 4:01CV234LN, is denied.
SO ORDERED.