Primerica Life Insurance Company v. Smith et al
| Primerica Life Insurance Company |
| Danielle Smith and Grace Funeral Service, LLC |
| 5:2023cv00090 |
| January 9, 2023 |
| US District Court for the District of South Carolina |
| Sherri A Lydon |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 ***DOCUMENT MAILED 14 Order on Motion to Remand to State Court and 15 Notice placed in U.S. Mail from Columbia Clerks Office to Winnifa Brown-Clark, Orangeburg Clerk of Court, PO Box 9000 Orangeburg, SC 29115-9000 (ahil) |
| Filing 16 ***DOCUMENT E-MAILED 14 Order on Motion to Remand to State Court and 15 Notice Other to Winnifa Brown-Clark, Orangeburg Clerk of Court at Wclark@orangeburgcounty.org. (Attachments: #1 Certified Docket Text Order of Remand, #2 Clerk's Notice) (ahil) (Main Document 16 replaced on 2/2/2023 with corrected PDF) (ahil). |
| Filing 15 CLERK'S NOTICE re 14 Order on Motion to Remand to State Court: The attorneys in this case are responsible for supplementing the state court record with all documents filed in Federal Court. (ahil) |
| Filing 14 TEXT ORDER: This matter is before the court on #9 Plaintiff Primerica Life Insurance Company's motion to remand. Defendant Danielle Smith removed this action from the Court of Common Pleas for Orangeburg County to this court under the court's diversity jurisdiction. Plaintiff requests this court remand the action back to the Orangeburg County Court of Common Pleas on the following grounds: (1) there is no complete diversity because Defendant Smith is a citizen of South Carolina; (2) Defendant Smith improperly removed the action based on her counterclaims against Plaintiff; and (3) Defendant Smith did not obtain the consent of all defendants who were properly joined and served before removing the action. Defendant Smith filed her #11 response to the motion. In the response, she consents to remanding the case back to the Orangeburg County Court of Common Pleas. The court thus grants #9 Plaintiff's motion to remand and remands this matter back to the Orangeburg County Court of Common Pleas. Entered at the direction of the Honorable Sherri A. Lydon on February 2, 2023.(ahil) Modified on 2/9/2023 to edit text (ahil). |
| Filing 13 Consent MOTION to Stay PENDING THE RESOLUTION OF PLAINTIFFS MOTION FOR REMAND by Primerica Life Insurance Company. Response to Motion due by 2/15/2023. 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.(Hood, James) |
| Filing 12 REPLY by Primerica Life Insurance Company to #7 Answer to Counterclaim, . (Hood, James) |
| Filing 11 RESPONSE in Support re #9 MOTION to Remand to State Court Response filed by Danielle Smith. Refiled by Clerk to correct event type. (ahil) |
| Filing 10 REPLY by Primerica Life Insurance Company to #4 Answer to Complaint, Counterclaim . (Hood, James) |
| Filing 9 MOTION to Remand to State Court by Primerica Life Insurance Company. Response to Motion due by 2/3/2023. 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 Memo in Support, #2 Exhibit MIS Mtn Remand Ex. A (AOS-Smith), #3 Exhibit MIS Mtn Remand Ex. B (AOS-Grace Funeral))No proposed order.(Hood, James) |
| Filing 8 Local Rule 26.01 Answers to Interrogatories by Primerica Life Insurance Company.(Hood, James) |
| Filing 7 ANSWER to Counterclaim #4 , First COUNTERCLAIM against Primerica Life Insurance Company by Grace Funeral Service, LLC.(Whipper, J) |
| Filing 6 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Orangeburg County. (Attachments: #1 Exhibit A - Acknowledgement of Filing of Notice of Removal)(Louzri, Melissa) |
| Filing 5 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 1/31/2023, Rule 26 Report due by 2/14/2023, Motions to Amend Pleadings due by 3/27/2023, Plaintiff's ID of Expert Witness due by 4/21/2023, Defendants' ID of Expert Witnesses Due by 5/22/2023, Discovery due by 7/10/2023, Motions due by 7/24/2023, Rule 26(a)(3) Disclosures due by 9/18/2023, Jury Selection Deadline 10/31/2023, Mediation Due by 8/7/2023, Signed by the Honorable Sherri A. Lydon on January 11, 2023. (ahil) |
| Filing 4 Defendant Danielle Smith's ANSWER to Complaint , COUNTERCLAIM against Primerica Life Insurance Company by Danielle Smith.(Louzri, Melissa) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Danielle Smith.(ahil) |
| Filing 1 NOTICE OF REMOVAL from Orangeburg Court of Common Pleas, case number 2022-CP-38-01707. (Filing fee $ 402 receipt number ASCDC-10882236), filed by Danielle Smith. (Attachments: #1 State Court Documents)(ahil) |
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.
