Perry v. Costco Wholesale Corporation
| Donna M Perry |
| Costco Wholesale Corporation |
| 4:2022cv03250 |
| September 23, 2022 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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| Filing 11 ***DOCUMENT E-MAILED: True Certified copy of #10 Order of Remand, to Horry County Clerk of Court, Renee Elvis (elvisr@horrycounty.org). Hard copy also mailed to the same at PO Box 677Conway, SC 29528-0677. (lgib, ) |
Filing 10
ORDER OF REMAND. Signed by Chief Judge R Bryan Harwell on 10/6/2022. (lgib, )
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| Filing 8 STIPULATION as to Amount in Controversy by Costco Wholesale Corporation. (Highfield, Duke) |
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Filing 6
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 Chief Judge R Bryan Harwell on 9/27/2022. (tmcb, )
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Filing 5
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 10/13/2022, 26(a) Initial Disclosures due by 10/27/2022, Rule 26 Report due by 10/27/2022, Motions to Amend Pleadings due by 12/22/2022, Plaintiffs ID of Expert Witness due by 1/23/2023, Defendants ID of Expert Witnesses Due by 2/22/2023, Records Custodian Affidavit due by 2/22/2023, Discovery due by 4/24/2023, Motions due by 5/9/2023, Rule 26(a)(3) Disclosures due by 6/22/2023, ADR Statement due by 5/8/2023, Mediation Due by 6/7/2023. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after 8/3/2023. Signed by Chief Judge R Bryan Harwell on 9/23/2022. (hcic, )
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| Filing 4 ANSWER to Complaint (Notice of Removal) by Costco Wholesale Corporation. (hcic, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Costco Wholesale Corporation.(hcic, ) |
| Filing 1 NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2022-CP-26- 05424 (filing fee $402 receipt number ASCDC-10716552), filed by Costco Wholesale Corporation. (Attachments: #1 State Court Documents, #2 Affidavit of Service on Costco) (hcic, ) |
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| Plaintiff: Donna M Perry | |
| Represented By: | Joseph Clay Hopkins |
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| Defendant: Costco Wholesale Corporation | |
| Represented By: | Chelsea Nicole Frye |
| Represented By: | Duke Raleigh Highfield |
| Represented By: | Victoria Leigh Anderson |
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