Hocin v. Orange Lake Country Club Inc
| Aaron Hocin |
| Orange Lake Country Club Inc |
| 4:2018cv03584 |
| December 27, 2018 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 11 REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Orange Lake Country Club Inc. (Samples, Thomas) |
| Filing 10 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Response filed by Aaron Hocin.Reply to Response to Motion due by 1/18/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Luse, William) |
| Filing 9 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Florence County. (Attachments: #1 State Court Documents)(Samples, Thomas) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Orange Lake Country Club Inc. Response to Motion due by 1/17/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Samples, Thomas) |
| Filing 7 TEXT ORDER: Having reviewed the parties' response to the Court's TEXT SUA SPONTE ORDER TO SHOW CAUSE, the Court is satisfied that the amount in controversy exceeds the jurisdictional amount and it has diversity jurisdiction over this matter pursuant to 28 U.S.C. 1332. Signed by Honorable R Bryan Harwell on 1/2/2019. (tmcb, ) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Orange Lake Country Club Inc. (Samples, Thomas) |
| Filing 4 SUA SPONTE TEXT 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 Defendant's 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 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. Failure to comply with this order may result in dismissal without prejudice of Plaintiff's case. Signed by Honorable R Bryan Harwell on 12/28/2018. (tmcb, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Orange Lake Country Club Inc. (lsut, ) |
| Filing 1 NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2018-CP-26-06628 (filing fee $400 receipt number 0420-8178847), filed by Orange Lake Country Club Inc. (Attachments: #1 Exhibit A - State Documents) (lsut, ) |
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| Plaintiff: Aaron Hocin | |
| Represented By: | William James Luse |
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| Defendant: Orange Lake Country Club Inc | |
| Represented By: | Cashida Okeke |
| Represented By: | Thomas Chase Samples |
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