Underberg et al v. United States Automobile Association
| Patrick G Underberg and Martha Jean Underberg |
| USAA Casualty Insurance Company and United Services Automobile Association |
| 4:2023cv01941 |
| May 9, 2023 |
| US District Court for the District of South Carolina |
| Joseph Dawson |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
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| Filing 12 ***DOCUMENT E-MAILED: True Certified copy of 10 Text Order on Motion to Remand, e-mailed to Darlington County Clerk of Court, Scott B. Suggs at clerk@darcosc.net. Hard copy also mailed to the same at 1 Public Square Room 404 Darlington, SC 29532-3213. (lgib, ) |
| Filing 10 TEXT ORDER granting #9 Consent Motion to Remand. Plaintiffs have amended their complaint (DE #5 ) to correct the identity of a defendant. Accordingly, Plaintiffs have added and dropped a defendant such that complete diversity no longer exists between the parties. Federal law provides that "[]i]f after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court." 28 U.S.C. 1447(e). Since joinder of a non-diverse party has occurred, remand is appropriate here. Therefore, this case is remanded to the Darlington County Court of Common Pleas because there is no longer complete diversity between the parties. Signed by the Honorable Joseph Dawson, III on 5/25/2023. (lgib, ) |
| Filing 9 Consent MOTION to Remand by United Services Automobile Association. Response to Motion due by 6/6/2023. No proposed order.(Norris, Charles) (Main Document 9 replaced on 5/23/2023 to correct caption as provided by filing user) (lgib, ). |
| Filing 7 WAIVER OF SERVICE by Patrick G Underberg, Martha Jean Underberg. United States Automobile Association waiver executed on 5/17/2023, answer due 7/17/2023. (Attachment:#1 Waiver of Service) (Barth, Kevin) Modified on 5/23/2023 to correct signature on main document and add attachment as provided by filing user (lgib, ). |
| Filing 6 NOTICE of Appearance by Charles R Norris on behalf of USAA Casualty Insurance Company (Norris, Charles) |
| Filing 5 AMENDED COMPLAINT against United States Automobile Association, filed by Patrick G Underberg, Martha Jean Underberg. Service due by 8/14/2023 (Barth, Kevin) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by Martha Jean Underberg, Patrick G Underberg.(Barth, Kevin) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by USAA Casualty Insurance Company.(hcic, ) |
| Filing 1 NOTICE OF REMOVAL from Darlington County Court of Common Pleas, case number 2023-CP-16-00238 (filing fee $402 receipt number ASCDC-11092072), filed by USAA Casualty Insurance Company. (Attachments: #1 State Court Documents)(hcic, ) |
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