Strickland v. Pilot Travel Centers, LLC et al
| Tammy Elaine Strickland |
| Pilot Travel Centers, LLC, PFJ Southeast, LLC, FCTI, Inc and ABC Corporation |
| 4:2022cv04637 |
| December 22, 2022 |
| US District Court for the District of South Carolina |
| Joseph Dawson |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 ***DOCUMENT MAILED: Certified True Copy of 7 Text Order on Motion to Remand to State Court, placed in U.S. Mail from Florence Clerk's Office to Gwen T. Hyatt, Clerk of Court, Dillon County Common Pleas, P.O. Box 1220, Dillon, SC 29536-1220. (prou, ) |
| Filing 8 ***DOCUMENT E-MAILED: Certified True Copy of 7 Text Order on Motion to Remand to State Court, to Dillon County Clerk of Court (Attachments: #1 Certified True Copy of Remand Text Order) (prou, ) |
| Filing 7 TEXT ORDER granting #6 Plaintiff's Consent Motion to Remand. "If at any time before final judgment 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.) Subsequently, the parties entered a post-removal Stipulation of Damages that the amount in controversy "does not and will not exceed the sum or value of $75,000.00." (DE 6-1.) After considering the post-removal stipulation, the Court grants Plaintiff's Motion to Remand because the amount in controversy has not been met for diversity jurisdiction in this case. Signed by Honorable Joseph Dawson, III on 2/6/2023.(prou, ) |
| Filing 6 Consent MOTION to Remand to State Court by PFJ Southeast, LLC, Pilot Travel Centers, LLC. Response to Motion due by 2/7/2023. 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 Main Document Stipulation as to Damages)No proposed order.(Pierce, Albert) |
| Filing 5 ANSWER to Complaint by PFJ Southeast, LLC, Pilot Travel Centers, LLC.(Pierce, Albert) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by PFJ Southeast, LLC, Pilot Travel Centers, LLC. (lgib, ) |
| Filing 1 NOTICE OF REMOVAL from Dillon County Court of Common Pleas, case number 2022-CP-17-00541 (filing fee $402 receipt number ASCDC-10862389), filed by Pilot Travel Centers, LLC, PFJ Southeast, LLC. (Attachments: #1 Exhibit 1 - State Court Documents) (lgib, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
