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MILES v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

No. CV-N-98-225-DWH(RAM).

27 F.Supp.2d 1246 (1998)

Jenny MILES, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court, D. Nevada.

November 25, 1998.

Attorney(s) appearing for the Case

Robert E. Dickey, Reno, NV, for Plaintiff.

Scott A. Glogovac, Burton, Bartlett & Glogovac, Reno, NV, for Defendant.

ORDER

HAGEN, District Judge.

Before the court are defendant's motion (# 6) to dismiss or bifurcate and plaintiff's motion (# 9) to remand. They have been fully briefed.

Where, as here, it is unclear from the complaint the amount of damages plaintiff seeks, defendant bears the burden of proving the jurisdictional amount. Gaus v. Miles, Inc., 980 F.2d 564

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