Small v. Love's Travel Stops & Country Stores, Inc
| Amos Small |
| Love's Travel Stops & Country Stores, Inc doing business as Love's Travel Stop #371 |
| 4:2023cv02029 |
| May 15, 2023 |
| 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
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| Document Text |
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| Filing 10 ***DOCUMENT MAILED 8 Order on Motion to Remand (certified copy) to State Court placed in U.S. Mail from Florence Clerks Office to Dillon County Clerk of Court PO Box 1220 Dillon, SC 29536-1220 (swel, ) |
| Filing 9 ***DOCUMENT E-MAILED 8 Order on Motion to Remand to State Court to Dillon County Clerk of Court (dilloncoc@bellsouth.net) (Attachments: #1 certified copy of Order of Remand) (swel, ) |
| Filing 8 TEXT ORDER granting #7 Consent Motion to Remand to State Court. "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.) Subsequently, the parties entered a post-removal Stipulation of Damages, stating "Plaintiff has now stipulated that he will neither seek nor accept total damages, recovery, or a judgment, including any interest that may accrue, exceeding Seventy-Four Thousand, Nine Hundred Ninety-nine and 00/100 ($74,999.00) Dollars, regardless of the numerous causes of action." (DE 7, p. 1.) After considering the post-removal stipulation, the Court grants the Consent Motion to Remand to State Court because the amount in controversy has not been met for diversity jurisdiction in this case. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable Joseph Dawson, III on 6/23/23.(swel, ) |
| Filing 7 Consent MOTION to Remand to State Court by Love's Travel Stops & Country Stores, Inc. Response to Motion due by 6/21/2023. 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. No proposed order.(Brudvig, Kelsey) |
| Filing 6 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 6/6/2023, 26(a) Initial Disclosures due by 6/20/2023, Rule 26 Report due by 6/20/2023, Motions to Amend Pleadings due by 7/11/2023, Plaintiffs ID of Expert Witness due by 8/10/2023, Defendants ID of Expert Witnesses Due by 9/11/2023, Records Custodian Affidavit due by 9/11/2023, Discovery due by 11/13/2023, Motions due by 12/13/2023, Jury Selection Deadline 3/12/2024, Mediation Due by 11/13/2023. Signed by the Honorable Joseph Dawson, III on 5/16/2023. (lgib, ) |
| Filing 5 ANSWER to Complaint (Notice of Removal) by Love's Travel Stops & Country Stores, Inc. (lgib, ) |
| Filing 4 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Love's Travel Stops & Country Stores, Inc. (lgib, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Love's Travel Stops & Country Stores, Inc. (lgib, ) |
| Filing 1 NOTICE OF REMOVAL from Dillon County Court of Common Pleas, case number 2023-CP-17-00159 (filing fee $402 receipt number ASCDC-11099347), filed by Love's Travel Stops & Country Stores, Inc. (Attachments: #1 Exhibit A - State Court Documents) (lgib, ) |
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| Plaintiff: Amos Small | |
| Represented By: | Marshall Solomon Weaver, Sr |
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| Defendant: Love's Travel Stops & Country Stores, Inc doing business as Love's Travel Stop #371 | |
| Represented By: | Kelsey Brudvig |
| Represented By: | Kyle Lee Brady |
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