Clarkson v. McCarron
| Khadija Clarkson |
| Gordon McCarron |
| 3:2018cv03602 |
| December 28, 2018 |
| US District Court for the District of South Carolina |
| Cameron McGowan Currie |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 ***DOCUMENT E-MAILED 9 Order,, to Sumter County Clerk of Court, ***DOCUMENT MAILED 9 Order,, placed in U.S. Mail to Sumter County Clerk of Court (cbru, ) |
| Filing 9 TEXT ORDER: Plaintiff has filed a stipulation limiting her relief in this matter to less than $75,000. Therefore, the amount in controversy does not exceed the jurisdictional threshold for diversity jurisdiction, and this matter is remanded to the Sumter County Court of Common Pleas. Signed by Honorable Cameron McGowan Currie on 1/17/2019. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court.(cbru, ) |
| Filing 8 STIPULATION LIMITING RELIEF TO LESS THAN SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) by Khadija Clarkson. (Clark, John) |
| Filing 7 TEXT ORDER: Defendant's response to the rule to show cause order regarding jurisdiction (ECF No. #6 ) suggests a reasonable basis for arguing the amount in controversy exceeds the jurisdictional threshold: that Plaintiff seeks unspecified "other relief" in addition to damages capped just below the jurisdictional threshold. The court does not consider the possible addition of costs as interest and costs are excluded from the jurisdictional inquiry. See 28 U.S.C. Section 1332(a). Whether the jurisdictional threshold is satisfied, nonetheless, remains unclear because Plaintiff has neither rejected nor accepted Defendant's request that she clarify the amount in controversy by binding herself to a maximum recovery. The court, therefore, directs Plaintiff to advise the court within seven days of entry of this order whether her complaint is intended to limit her relief to less than the jurisdictional threshold. Such response will be binding. Failure to respond will be deemed a concession the recovery sought satisfies the jurisdictional threshold. (Reply due by 1/22/2019) Signed by Honorable Cameron McGowan Currie on 1/15/2019. (cbru, ) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Gordon McCarron. Filing corrected for event type (cbru, ) |
| Filing 5 RULE TO SHOW CAUSE: In light of Plaintiff's statement limiting damages, including punitive damages, to $75,000, Defendant shall file a statement explaining why this case should not be remanded to state court by January 15, 2019. Failure to do so will result in remand based on Plaintiff's Complaint. (Show Cause Response due by 1/15/2019) Signed by Honorable Cameron McGowan Currie on 1/3/2019. (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Gordon McCarron.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Sumter County Court of Common Pleas, case number 2018-CP-43-02118 (Filing fee $400 receipt number 0420-8181908) filed by Gordon McCarron. (Attachments: #1 State Court Documents)(cbru, ) |
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| Defendant: Gordon McCarron | |
| Represented By: | John K DuBose, III |
| Represented By: | John Alexander Hooks |
| Represented By: | H Thomas Morgan, Jr |
| Represented By: | Jonathan M Robinson |
| Represented By: | J Kennedy DuBose, Jr |
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| Plaintiff: Khadija Clarkson | |
| Represented By: | John D Clark |
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