Grice v. Homesite Insurance Company of the Midwest
| Willie Grice |
| Homesite Insurance Company of the Midwest |
| 4:2022cv01747 |
| June 3, 2022 |
| US District Court for the District of South Carolina |
| Joseph Dawson |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
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| Filing 8 ***DOCUMENT E-MAILED: True Certified copy of 7 Text Order on Motion to Remand to State Court emailed to Dillon County Clerk of Court, Gwen T. Hyatt (dilloncoc@bellsouth.net). Hard copy also mailed to the same at PO Box 1220 Dillon, SC 29536-1220. (lgib, ) |
| Filing 7 TEXT ORDER granting #6 Defendant's Consent Motion to Remand. "If at any time before final judgement it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. 1447. To determine the amount in controversy for federal diversity jurisdiction, "[t]he court should examine the complaint at the time of removal in order to determine the amount in controversy." Thompson v. Victoria Fire & Cas. Co., 32 F. Supp. 2d 847, 848 (D.S.C. 1999) (citing St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 292 (1938)). However, when the initial complaint does not specify an amount, and a plaintiff enters a post-removal stipulation that the damages will not exceed the jurisdictional minimum, the post-removal stipulation "can be considered as a clarification of an ambiguous complaint, rather than a post-removal amendment of the plaintiff's complaint." Stanley v. Auto-Owners Ins. Co., 423 F. Supp. 3d 225, 229 (D.S.C. 2019) (quoting Carter v. Bridgestone Americas, Inc., 2013 WL 3946233, at *12 (D.S.C. July 31, 2013)); see also Gebbia v. WalMart Stores, Inc., 233 F.3d 880, 883 (5th Cir. 2000); Clifton v. Allen, 2018 WL 3095026, at *2 (D.S.C. June 22, 2018); Ferguson v. WalMart Stores, Inc., 1994 WL 653479, at *2 (D.S.C. Nov. 15, 1994). Therefore, a court may consider a post-removal stipulation of the amount in controversy when determining whether the jurisdictional minimum has been met. Id. Here, at the time of removal, Plaintiff had not specified an amount in the complaint (DE 1-1, p. 11), but Plaintiff's counsel subsequently stipulated that the amount in controversy does not exceed $74,999.99 (DE 6, p. 1). The parties have indicated that they will file a stipulation in state court upon remand. (Id.) Since the post removal stipulation clarifies the ambiguous jurisdictional minimum amount in controversy, the Court grants Defendant's Consent Motion to Remand because the amount in controversy has not been met for diversity jurisdiction in this case. Signed by the Honorable Joseph Dawson, III on 6/21/2022. (lgib, ) |
| Filing 6 Consent MOTION to Remand to State Court by Homesite Insurance Company of the Midwest. Response to Motion due by 6/24/2022. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Montgomery, John) |
| Filing 5 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 6/24/2022, 26(a) Initial Disclosures due by 7/8/2022, Rule 26 Report due by 7/8/2022, Motions to Amend Pleadings due by 7/29/2022, Plaintiffs ID of Expert Witness due by 8/29/2022, Defendants ID of Expert Witnesses Due by 9/28/2022, Records Custodian Affidavit due by 9/28/2022, Discovery due by 11/28/2022, Motions due by 12/28/2022, Jury Selection Deadline 3/28/2023, Mediation Due by 11/28/2022. Signed by the Honorable Joseph Dawson, III on 6/3/2022. (lgib, ) |
| Filing 4 ANSWER to Complaint (Notice of Removal) by Homesite Insurance Company of the Midwest. (lgib, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Homesite Insurance Company of the Midwest. (lgib, ) |
| Filing 1 NOTICE OF REMOVAL from Dillon County Court of Common Pleas, case number 2022-CP-17-00200 (filing fee $402 receipt number ASCDC-10524371), filed by Homesite Insurance Company of the Midwest. (Attachments: #1 State Court Documents) (lgib, ) |
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| Plaintiff: Willie Grice | |
| Represented By: | Adrian Gabriel Dejeu |
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| Defendant: Homesite Insurance Company of the Midwest | |
| Represented By: | John M Montgomery |
| Represented By: | Haley Saxby |
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