Willetts v. Roberts et al
| Frances Hufham Willetts |
| David Thomas Roberts and Demi Brinson |
| 4:2023cv06466 |
| December 12, 2023 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Both |
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| Filing 8 ***DOCUMENT MAILED 5 Text Order placed in U.S. Mail from Florence Clerks Office to Horry County Clerk of Court PO Box 677 Conway, SC 29528-0677 (Attachments: #1 Email to Horry County) (hcic, ) |
| Filing 7 ***DOCUMENT E-MAILED 5 Text Order emailed to Horry County Clerk of Court, Renee Elvis: ElvisR@horrycounty.org (Attachments: #1 Email to Horry County) (hcic, ) |
Filing 5
TEXT ORDER remanding this action to the Horry County Court of Common Pleas because this Court lacks subject matter jurisdiction over this action. The removing Defendants have the burden of establishing subject matter jurisdiction, Mulcahey v. Columbia Organic Chems. Co., Inc., 29 F.3d 148, 151 (4th Cir. 1994), and a district court may sua sponte remand a case to state court if federal jurisdiction is lacking. See Ellenburg v. Spartan Motors Chassis, Inc., 519 F.3d 192, 196 (4th Cir. 2008). Defendants removed this action to this Court based on federal diversity jurisdiction, asserting Plaintiff is a citizen and resident of North Carolina and Defendants are citizens and residents of South Carolina. However, 28 U.S.C. 1441(b)(2) provides when a civil action is removable solely on the basis of diversity jurisdiction, the action "may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." As such, because Defendants are both citizens of the State in which the action was brought, this Court lacks subject matter jurisdiction and this action must be remanded. Signed by Chief Judge R. Bryan Harwell on 12/27/2023. (hbro, )
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| Filing 4 LETTER EXTENDING TIME TO ANSWER All Defendants. (von Herrmann, William) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Demi Brinson, David Thomas Roberts.(hcic, ) |
| Filing 1 NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2023-CP-26-06918 (filing fee $405 receipt number ASCDC-11476440), filed by Demi Brinson, David Thomas Roberts. (Attachments: #1 State Court Documents, #2 Final Death Certificate of David Thomas Roberts, #3 Obituary of David Thomas Roberts, #4 NC Exemplification and TRO, #5 Title History-Demi Brinson, #6 Title History-David Thomas Roberts, #7 Order for Temporary Relief-Willets v Roberts Jr, #8 NC Exemplification, #9 Title History-Silverado, #10 Affidavit of Ace Parker, #11 Title Application for Motorhome, #12 Notice of Intent, #13 30 Day Notice, #14 Consent Agreement/Order, #15 Jones Ford Bill of Sale, #16 Judgment in Family Court Case, #17 Affidavit and Notification of Sale of Motor Vehicle, #18 Letter from George Spirakis re: cease and desist, #19 Verification Form of Frances Willetts, #20 Palmetto Furniture Sales Receipt, #21 Warranty Deed, #22 DMV Title History for Ford, #23 Affidavit of Service-David T Roberts Jr, #24 Affidavit of Service-Demi Brinson, #25 Durable POA-Frances Willets, #26 Promissory Note and Security Agreement, #27 Checking Acct Statements, #28 Closing Disclosure)(hcic, ) |
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