Lucas v. Ford Motor Company
| Cedric Lucas |
| Ford Motor Company |
| 4:2012cv01207 |
| May 7, 2012 |
| US District Court for the District of South Carolina |
| Florence Office |
| Horry |
| R Bryan Harwell |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on May 11, 2012. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 ***DOCUMENT E-MAILED #10 Order of Remand to Melanie Huggins-Ward, Clerk of Court, Horry County (hugginsm@horrycounty.org). True certified copy also mailed to the same at PO Box 677, Conway, SC 29528. (hcic, ) |
Filing 10
ORDER OF REMAND. Signed by Honorable R Bryan Harwell on 5/11/2012. (hcic, )
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| Filing 9 Letter from David C. Marshall. (Marshall, David) |
| Filing 8 JOINT STIPULATION by Ford Motor Company, Cedric Lucas. (Marshall, David) |
| Filing 6 TEXT SUA SPONTE ORDER TO SHOW CAUSE: The Defendant removed this case from State court pursuant to 28 U.S.C. 1441 and 1446. Under 1441(a), a defendant is permitted to remove a case to federal court if the court would have had original jurisdiction over the matter. District courts have original jurisdiction " where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different States. " 28 U.S.C. 1332(a)(1). In the instant case, the Defendant bases federal jurisdiction upon diversity jurisdiction pursuant to 1332. However, the Plaintiff did not specify any monetary amount of damages or clearly allege the jurisdictional amount in the Complaint, and the Defendants notice of removal fails to allege facts adequate to establish that the amount in controversy exceeds the jurisdictional amount. Thus, the amount in controversy is unclear, and this Court may lack diversity jurisdiction. Removal statutes are strictly construed against removal, and any doubts concerning the propriety of removal must be resolved in favor of retained state court jurisdiction. Marshall v. Manville Sales Corp., 6 F.3d 229, 232 (4th Cir. 1993). In addition, " [t]he party seeking removal bears the burden of demonstrating that removal jurisdiction is proper. " In Re Blackwater Security Consulting, LLC, 460 F.3d 576, 583 (4th Cir. 2006) (citation omitted). This includes establishing compliance with the removal statute requirements. See Marler v. Amoco Oil Co., 793 F. Supp. 656, 658-59 (E.D.N.C. 1992). Courts must narrowly interpret removal jurisdiction because of the significant federalism concerns that are raised by removing proceedings from state court. Id. Thus, all doubts are resolved in favor of remand. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09 (1941); see also Mulcahey v. Columbia Organic Chems. Co., Inc., 29 F.3d 148, 151 (4th Cir. 1994). THEREFORE, IT IS HEREBY ORDERED that, not later than five calendar days from the filing of this Order, Defendant shall brief the Court and SHOW CAUSE why this case should not be remanded to the State court for the foregoing reasons. Plaintiff shall file a response not later than five calendar days thereafter and, in that response, include a clarification as to whether Plaintiff intended to pursue, at the time of filing the original complaint, damages in excess of the jurisdictional amount of $75,000. If Plaintiff did not intend to pursue damages adequate to satisfy the jurisdictional threshold at the time of filing and if Plaintiff stipulates to such limitation having a binding effect, the Court will remand this matter to state court. Signed by Honorable R. Bryan Harwell on 5/8/2012. (dsho, ) |
| Filing 5 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 5/29/2012, 26(a) Initial Disclosures due by 6/12/2012, Rule 26 Report due by 6/12/2012, Motions to Amend Pleadings due by 8/6/2012, Plaintiffs ID of Expert Witness due by 9/4/2012, Defendants ID of Expert Witnesses Due by 10/4/2012, Records Custodian Affidavit due by 10/4/2012, Discovery due by 12/3/2012, Motions due by 12/18/2012, Rule 26(a)(3) Disclosures due by 3/4/2013, Jury Selection Deadline 5/6/2013, ADR Statement due by 1/19/2013, Mediation Due by 2/18/2013. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable R Bryan Harwell on 5/8/2012. (hcic, ) |
| Filing 4 ANSWER to Complaint (Notice of Removal) by Ford Motor Company. (Marshall, David) Modified on 5/8/2012 to correct event type. (hcic, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories with jury demand by Ford Motor Company.(prou, ) |
| Filing 1 NOTICE OF REMOVAL from Horry County Common Pleas, case number 2012-CP-26-2530. (Filing fee $ 350 receipt number 0420-4054135), filed by Ford Motor Company. (Attachments: #1 State Court Pleadings)(prou, ) |
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| Plaintiff: Cedric Lucas | |
| Represented By: | Daniel Alan Hunnicutt |
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| Defendant: Ford Motor Company | |
| Represented By: | Joseph Kenneth Carter, Jr |
| Represented By: | David Christopher Marshall |
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