Integrity Worldwide Inc et al v. International Safety Access Corporation et al
Filing
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ORDER AND OPINION granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 12 Motion to Strike ; granting in part and denying in part 13 Motion to Strike. Signed by Honorable Margaret B Seymour on 3/19/2015.(mdea )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
INTEGRITY WORLDWIDE, INC. AND
JOHN MELIC,
Plaintiffs,
vs.
INTERNATIONAL SAFETY ACCESS
CORPORATION; KLEAR-KNIT, INC.;
ULF BOSHAMER; AND ROGER
SCHWARTZ;
Defendants.
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C/A No. 0:14-CV-0213-MBS
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O R D E R AND OPINION
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This matter is before the court on a motion to dismiss and strike complaint filed pursuant to
Fed. R. Civ. P. 12(b)(6) by Defendants International Safety Access Corporation (“ISAC”); KlearKnit, Inc. (“Klear-Knit”); Ulf Boshamer (“Boshamer”); and Roger Schwartz (“Schwartz”)
(collectively “Defendants”) on June 5, 2014. ECF No.12. Also on June 5, 2010, Defendants filed
a separate motion to strike Plaintiffs’ demand for a jury trial pursuant to Fed. R. Civ. P. 39. ECF
No. 13. Plaintiffs Integrity Worldwide, Inc. (“Integrity”) and John Melic (“Melic”) filed a
memorandum in opposition to both motions on July 14, 2014. ECF No. 17.
FACTS
This action arises out of Plaintiffs’ difficulty in enforcing the judgment against Defendants
in a previous lawsuit. Integrity and Melic along with ISAC were parties to a Distributor Agreement
dated April 2006 that granted ISAC the exclusive right to sell Integrity’s edge protection system in
the United States and obligated ISAC to make certain minimum purchases. ECF No. 1 at ¶¶ 14-15.
Subsequently, ISAC expressed a desire to terminate the Distributor Agreement, but the parties were
unable to reach an agreement on the termination. ISAC filed a lawsuit against Integrity and Melic
in the Court of Common Pleas of York County, South Carolina. Integrity and Melic later moved
that action to this court. On June 8, 2011, a jury returned a verdict in favor of Integrity and Melic
on their counterclaim in the amount of $287,000. See International Safety Access Corp. v. Integrity
Worldwide Inc., No. 0:09-cv-315 (D.S.C. June 8, 2011). On June 10, 2011, this court entered a
judgment against ISAC consistent with the jury’s verdict. ISAC filed a number of post-trial motions
that were ultimately denied by this court on December 28, 2011. At some time thereafter, Plaintiffs
conducted discovery in aid of execution and learned that Klear-Knit whose majority shareholder is
Boshamer–also ISAC’s chief shareholder–had loaned money to ISAC in a series of Demand
Promissory Notes. ECF No. 1 at ¶ 44. The notes were dated between 2006 and 2010. Id. at ¶ 45.
Schwartz signed the Promissory Notes on behalf of ISAC, and Boshamer signed most of the
Promissory Notes on behalf of Klear-Knit. Id. at ¶¶ 46-47. On January 18, 2011, ISAC and KlearKnit entered into a Uniform Commercial Code (“UCC”) Security Agreement that purported to
secure the promissory notes with a significant portion of ISAC’s assets. Id. at ¶ 51. As a
consequence of the security agreement between ISAC and Klear-Knit, Plaintiffs were unable to
execute upon any of ISAC’s assets to collect the judgment entered in their favor on June 10, 2011.
Subsequently, on January 24, 2014, Plaintiffs brought this action against Defendants,
alleging that the purpose of the claimed security interest between Klear-Knit and ISAC was to
prevent Plaintiffs from collecting upon a potential judgment against ISAC. Specifically, Plaintiffs
assert claims for Fraudulent Conveyance, Count 1; Attachment and Constructive Trust, Count 2;
Declaratory Judgment, Count 3; Conspiracy to Defraud Creditors, Count 4; and Action to Pierce the
Corporate Veil, Count 5. ECF No. 1. Plaintiffs also request relief in the form of attorneys’ fees,
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compensatory damages, punitive damages, enforcement of the previous judgment, and a declaration
setting aside the security interest between Klear-Knit and ISAC. ECF No. 1 at ¶ 113. Additionally,
Plaintiffs request a jury trial. Id. at 14. In their motion to dismiss, Defendants request that this court
dismiss counts 3 and 4. ECF No. 12. Defendants also request that this court strike Plaintiffs’
requests for attorneys fees, compensatory damages, punitive damages, and a jury trial. ECF Nos.
12, 13.
LEGAL STANDARDS
A. Standard of Review
A Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be
granted tests the legal sufficiency of a complaint. Schatz v. Rosenberg, 943 F.2d 485, 489 (4th Cir.
1991). While the complaint need not be minutely detailed, it must provide enough factual details
to put the opposing party on fair notice of the claim and the grounds upon which it rests. Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citing Conley v. Gibson, 355 U.S. 41, 47
(1957)). In order to withstand a motion to dismiss, a complaint must contain factual content that
allows the court to reasonably infer that the defendant is liable for the alleged misconduct. Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009). The court must accept the allegations in the complaint as true,
and all reasonable factual inferences must be drawn in favor of the party opposing the motion. Id.
at 679. If the court determines that those factual allegations can “plausibly give rise to an
entitlement to relief,” dismissal is not warranted. Id.
B. Applicable Law in Diversity Actions
In an action that commences in federal court based on diversity of citizenship, the court must
apply state law. See Erie R. Co. v. Tompkins, 304 U.S. 64, 78 (1938) (“Except in matters governed
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by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of
the state.”). Since this action arose in South Carolina, this court must apply the law of the state of
South Carolina in order to resolve this dispute. See Klaxon Co. v. Stentor Electric Mfg. Co., 313
U.S. 487 (1941) (holding that a federal court sitting in diversity must apply the choice of law rules
of the state in which it sits); see also Lister v. NationsBank of Delaware, N.A., 494 S.E.2d 449, 454
(S.C. Ct. App. 1997) (noting that under traditional South Carolina choice of law principles, the
substantive law governing a tort action is determined by the state in which the injury occurred).
ANALYSIS
A. Fraudulent Conveyance (Count 1)
Plaintiffs request relief in the form of attorneys’ fees in association with their fraudulent
conveyance claim. ECF No. 1 at ¶ 80. Defendants assert that Plaintiffs’ requests for attorneys’ fees
should be stricken from the complaint because attorneys’ fees are recoverable in South Carolina only
if authorized by contract or statute. Since there is no contract or statute at issue that would permit
Plaintiffs to recover attorneys’ fees, Defendants contend that attorneys’ fees are not recoverable in
this case.
Generally, a party cannot recover attorneys’ fees unless authorized by contract or statute.
Judy v. Judy, 742 S.E.2d 672, 676 (S.C. Ct. App. 2013) (internal citations omitted). In Judy, the
South Carolina Court of Appeals affirmed a circuit court order finding that conveyances of land
between family members after being sued and knowing their case would be called for trial were
fraudulent and violated the Statute of Elizabeth. However, the court reversed the circuit court’s
decision to assess attorneys’ fees against the defendants for vexatious and fraudulent conduct, and
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held that such an award was an abuse of discretion. Id. In reversing, the court noted that “if that
behavior is a sufficient basis for an award of attorney’s fees, fees would be appropriate in any
Statute of Elizabeth case and our legislature has not provided for such by statute.” Id. In this case,
Plaintiffs allege that the security agreement between ISAC and Klear-Knit was entered into after
Defendants knew that the case would soon be called for trial. ECF No. 1 at ¶ 54.
As in Judy, Plaintiffs assert their fraudulent conveyance claim pursuant to the Statute of
Elizabeth, codified as S.C. Code § 27-23-10. Because the Statute of Elizabeth does not provide for
attorneys’ fees and South Carolina courts have declined to award attorneys’ fees under allegations
similar to the fraudulent conveyance allegations before this court, Plaintiffs’ request for attorneys’
fees associated with their fraudulent conveyance claim shall be stricken from the complaint.
Defendants’ motion to dismiss is granted as to this issue.
B. Conspiracy to Defraud Creditors (Count 4)
Defendants contend that Plaintiffs’ claim for conspiracy to defraud creditors should be
dismissed because Plaintiffs failed to plead special damages and additional acts in furtherance of
the conspiracy. Specifically, Defendants contend that Plaintiffs’ claim for conspiracy to defraud
creditors is merely a restatement of their fraudulent conveyance claim. Plaintiffs counter that
they did plead special damages and that the acts alleged in the complaint render the complaint
sufficient to pass Rule 12(b)(6) muster. This court will analyze Plaintiffs’ claim for conspiracy
to defraud creditors as a claim for civil conspiracy.
In order to state a claim for civil conspiracy, Plaintiffs must allege that (1) two or more
persons acted together, (2) for the purpose of injuring them, and (3) caused them special damage.
See Benedict Coll. v. Nat’l Credit Sys., Inc., 735 S.E.2d 518,521 (S.C. Ct. App. 2012). Because
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“an unexecuted civil conspiracy is not actionable,” Plaintiffs must allege additional actions taken
in furtherance of the conspiracy. Todd v. South Carolina Farm Bureau, 278 S.E.2d 607, 611
(S.C. 1981) (internal citations omitted). Put another way, Plaintiffs cannot plead the same set of
facts for the actionable wrong and the civil conspiracy, then expect to recover damages for both.
See id. Moreover, in order to sustain an action for civil conspiracy, Plaintiffs must allege special
damages, which “are the natural, but not the necessary or usual, consequence of the tortfeasor’s
conduct.” Benedict Coll., 735 S.E.2d at 523 (holding that the civil conspiracy at issue would not
have necessarily required a law suit by the plaintiffs, so the attorney’s fees and costs could be
considered special damages) (internal quotations omitted). Dismissal of a claim for civil
conspiracy is appropriate where the plaintiffs merely repeat the damages from another claim
instead of specifically listing special damages for their civil conspiracy claim. Id. Therefore,
this court must compare allegations from each of the causes of action in Plaintiffs’ complaint to
determine whether Plaintiffs alleged facts and damages for their civil conspiracy claim that are
separate and distinct from their other causes of action. See James v. Pratt and Whitney, 126 F.
App’x 607, 613 (4th Cir. 2005).
In their fraudulent conveyance claim against Defendants ISAC and Klear-Knit, Plaintiffs
assert that the creation of the security interest between ISAC and Klear-Knit occurred at a time
when ISAC knew “it was indebted to Integrity, that Integrity had filed counterclaims against it
on that indebtedness and that trial on that counterclaim was imminent.” ECF No. 1 at 9 ¶ 7.
Plaintiffs also assert that either the security interest was created without valuable consideration,
or it was created to purposely defraud ISAC’s creditors with that intent imputable to Klear-Knit
because Boshamer was a shareholder of both entities. Id. at ¶¶ 68-69. Because the security
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interest was created, ISAC did not “[retain] sufficient property to pay Plaintiffs’ Judgment in
full.” Id. at ¶ 70. Conversely, Plaintiffs assert their claim for civil conspiracy against all
Defendants, not just the corporate Defendants, and allege that Defendants “engaged in
affirmative actions together for the purpose of defrauding ISAC’s creditors.” Id. at ¶ 98. As an
example of Defendants’ action, Plaintiffs assert that Defendants “conspired to create a security
interest to defeat Plaintiffs’ ability to execute upon and collect the judgment.” Id. at ¶ 99.
Plaintiffs also allege that “in furtherance of this conspiracy, Defendants communicated with each
other, drafted documents, signed agreements and undertook other additional affirmative steps.”
Id. at ¶ 100. Plaintiffs allege that the creation of the security interest, which is the subject of the
fraudulent conveyance claim, is one example of how the conspiracy was furthered. Plaintiffs’
allegations are sufficient to show that a conspiracy existed. Plaintiffs also allege that the
conspiracy was executed in at least one instance. The court finds that the complaint contains
independent allegations of a civil conspiracy with language that is not identical to the fraudulent
conveyance cause of action.
Even though Plaintiffs’ factual allegations for civil conspiracy are sufficient to survive a
Rule 12(b)(6) motion to dismiss, this court must also examine whether Plaintiffs have properly
pleaded special damages. Plaintiffs assert that they “sustained special damage, including (but
not limited to) unnecessary delay and attorneys’ fees incurred in collecting the judgment from
ISAC.” Id. at ¶ 101. When attorneys’ fees are requested as special damages, South Carolina
courts have routinely departed from the general rule and permitted the recovery of attorneys’
fees. See Benedict Coll. v. Nat’l Credit Sys., Inc., 735 S.E.2d 518 (S.C. Ct. App. 2012); Solley v.
Navy Fed. Credit Union, Inc., 723 S.E.2d 597 (S.C. Ct. App. 2012); NGM Ins. Co. v. Carolina’s
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Power Wash & Painting, LLC, No. 2:08-cv-3378, 2010 WL 4340347 (D.S.C. Oct. 25, 2010);
Town of Winnsboro v. Wiedeman-Singleton, Inc., 398 S.E.2d 500 (S.C. Ct. App. 1990). Special
damages are those damages that “are the natural, but not the necessary or usual, consequence of
the defendant’s conduct.” Loeb v. Mann, 18 S.E. 1, 2 (S.C. 1893). Since special damages are
not implied by law, they must be specifically alleged in the complaint to put the other party on
notice that they are being sought. Benedict Coll., 735 S.E.2d at 523. Plaintiffs also asked the
court to award them attorneys’ fees and costs incurred as a result of the fraudulent conveyance.
ECF No. 1 at ¶ 80. Plaintiffs’ request for attorneys’ fees as special damages for their civil
conspiracy claim simply mirrors Plaintiffs’ request for attorneys’ fees for their fraudulent
conveyance claim. Ordinarily, the overlap in damages sought would result in dismissal of
Plaintiffs’ claim for civil conspiracy. Because the request for attorneys’ fees associated with the
fraudulent conveyance claim will be stricken by this court, as discussed above, the requests for
damages no longer overlap and Plaintiffs’ claim for special damages is sufficiently pleaded.
Accordingly, Plaintiffs have stated a claim for civil conspiracy for which relief can be granted.
C. Damages
Plaintiffs request that this court award them compensatory damages in excess of $75,000
and punitive damages. ECF No. 1 at ¶ 113(a), (d). Defendants assert that Plaintiffs cannot
recover compensatory or punitive damages because such damages are not allowed in an
equitable action. Moreover, Defendants contend that Plaintiffs’ complaint does not include
sufficient allegations of willfulness to support an award of punitive damages.
As a threshold matter, compensatory damages include special damages. Shieder v.
Southern Ry. Co., 65 S.E. 631, 633 (S.C. 1909) (Jones, C. J., concurring). To the extent that
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Plaintiffs’ claim for compensatory damages is inclusive of its claim for special damages, the
request for compensatory damages should not be stricken. Furthermore, although rare,
compensatory damages can be awarded in equity when an equitable remedy alone does not grant
full or complete relief. See Perry v. Green, 437 S.E.2d 150, 152 (S.C. Ct. App. 1993) (noting
that in an equitable specific performance action, a court sitting in equity has full jurisdiction to
order specific performance as well as the legal damages that have resulted from the delay in the
performance.); see also Insurance Financial Services, Inc. v. South Carolina Ins. Co., 247
S.E.2d 315, 318 (S.C. 1978) (“The trial of a case in a court of equity does not foreclose the
award of damages.”); Alderman v. Cooper, 185 S.E.2d 809, 811 (S.C. 1971) (“A court of equity,
having assumed jurisdiction in a case, has the authority to grant complete relief by making an
award of compensatory damages where appropriate.”). Thus, it would be premature to strike
Plaintiffs’ request for relief in the form of compensatory damages at this time.
Conversely, punitive damages are not permitted in equity. See Welborn v. Dixon, 49 S.E.
232, 235 (S.C. 1904). However, in an action involving both legal and equitable causes of action,
the evidence regarding punitive damages would only be relevant to the legal claims. See Harper
v. Ethridge, 348 S.E.2d 374, 380 (S.C. Ct. App. 1986). A punitive damages claim does not have
to be “specially pleaded or demanded by that name, it being sufficient that the facts alleged
justify an award of such damages.” Tucker v. Reynolds, 233 S.E.2d 402, 404 (S.C. 1977). So
long as Plaintiffs plead facts to the effect that Defendants acted willfully, maliciously, or with a
reckless disregard for Plaintiffs’ rights, their request for punitive damages will pass Rule
12(b)(6) muster. See Blakely v. Wright, 235 S.E.2d 803, 806 (S.C. 1977) (denying a punitive
damages award because the plaintiff only pleaded that the defendant acted wrongfully, and there
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was no pleading of facts that the defendant acted willfully, maliciously, or by collusion). In this
case, Plaintiffs have asserted a claim for civil conspiracy, an action at law, for which Plaintiffs
could be entitled to punitive damages. In their complaint, Plaintiffs specifically requested
punitive damages. ECF No. 1 at ¶ 113(d). Plaintiffs also asserted that Defendants acted together
“for the purpose of defrauding ISAC’s creditors.” ECF No. 1 at ¶ 98. Although Plaintiffs did not
use the words “willful, wanton, and reckless” in their complaint, this court finds it sufficient to
support their request for punitive damages that Plaintiffs pleaded Defendants purposefully took
action to defraud them. Therefore, because Plaintiffs have stated a meritorious legal claim for
which punitive damages could be granted, the request for punitive damages shall not be stricken
from the complaint.
D. Declaratory Judgment
Defendants request that this court exercise its discretion and decline to entertain
Plaintiffs’ declaratory judgment claim, outlined in Count 3 of the complaint, because the claim is
redundant and repetitious of the claim for fraudulent conveyance. Plaintiffs contend that they
are permitted to plead in the alternative pursuant to Fed. R. Civ. P. 8(a)(3). Plaintiffs also assert
that notwithstanding the Rules, their declaratory judgment claim is not redundant. According to
Plaintiff, their declaratory judgment action seeks a determination that permits them to execute on
ISAC’s assets even if this court finds that the contested security interest is valid.
Although Defendants correctly assert that this court can exercise its discretion and
decline to entertain Plaintiffs’ action for a declaratory judgment, the exercise of that discretion is
not boundless. Volvo Const. Equipment North America, Inc. v. CLM Equipment Company, Inc.,
386 F.3d 581, 594 (4th Cir. 2004); see also Wilton v. Seven Falls Co., 515 U.S. 277, 288 (1995)
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(noting that a district court can stay or dismiss a declaratory judgment action before trial or after
arguments have drawn to a close). This court is required to consider a declaratory judgment
action “when declaratory relief will serve a useful purpose in clarifying and settling the legal
relations in issue,” and will provide relief from the controversy that gave rise to the proceeding.
Id. (Internal quotations and citations omitted). In this case, Plaintiffs seek a declaratory
judgment that “Plaintiffs may execute upon the assets of ISAC, notwithstanding the claimed
security interest.” ECF No. 1 at ¶ 95. In order to afford Plaintiffs relief under a theory of
fraudulent conveyance, as requested in count one, this court must determine that the security
interest between Klear-Knit and ISAC is fraudulent, and, therefore, void. In order to afford
Plaintiffs declaratory relief, the court does not need to determine that the contested security
interest is void. The court is only required to determine whether Plaintiffs’ interest in executing
upon ISAC’s assets to secure the judgment owed to them takes precedence over Klear-Knit’s
claimed security interest in those assets. Thus, Plaintiff’s declaratory judgment action is not
redundant, and the court declines to forego its exercise of jurisdiction over that cause of action at
this time. Accordingly, this court finds that Plaintiffs have stated a cause of action for
declaratory judgment for which relief can be granted.
E. Jury Trial
Defendants assert that Plaintiffs’ demand for a jury trial should be stricken because all of
Plaintiffs’ claims are equitable in nature, and, as such, Plaintiffs are not entitled to a jury trial.
Plaintiffs counter that they have asserted legal claims, so they are entitled to a jury trial. In
determining whether Plaintiffs have the right to a jury trial, this court must determine whether
their claims are legal or equitable in nature. Lester v. Dawson, 491 S.E.2d 240, 242 (S.C. 1997).
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If Plaintiffs’ claims are determined to be solely equitable claims, they have no right to a jury
trial. Id. However, if it is determined that Plaintiffs have asserted both legal and equitable
claims, they are entitled to have their legal issues determined by a jury and all equitable
determinations will be made by this court. Floyd v. Floyd, 412 S.E.2d 397, 398-99 (S.C. 1991).
Plaintiffs have asserted a number of claims that are equitable in nature. Plaintiffs have
asserted a fraudulent conveyance claim pursuant to the Statute of Elizabeth, which is an
equitable action. See Oskin v. Johnson, 735 S.E.2d 459, 463 (S.C. 2012) (“An action to set aside
a conveyance under the Statute of Elizabeth is an equitable action[.]”). Plaintiffs’ claim to
declare a constructive trust also lies in equity. Lollis v. Lollis, 354 S.E.2d 559, 561 (S.C. 1987)
(“An action to declare a constructive trust is in equity[.]”). Likewise, Plaintiffs’ action to pierce
the corporate veil is an equitable action. See Oskin, 735 S.E.2d at 463 (“An action to pierce the
corporate veil under an alter ego theory also lies in equity.”). Accordingly, Plaintiff is not
entitled to a jury trial on Counts one, two, and five.
Plaintiffs’ claim for civil conspiracy is legal in nature. Gynecology Clinic, Inc. v. Cloer,
514 S.E.2d 592, 592 (S.C. 1999) (“An action for civil conspiracy is an action at law[.]”). As
such, Plaintiffs are entitled to a jury trial on their claim for civil conspiracy.
Finally, an action for a declaratory judgment “is neither legal nor equitable, but is
determined by the nature of the underlying issue.” South Carolina Farm Bureau Mut. Ins. Co. v.
Courtney, 536 S.E.2d 689, 690 (S.C. Ct. App. 2000). In order to determine whether Plaintiffs
have a right to a jury trial on their action for a declaratory judgment, this court must look at the
kind of action that “would have been brought had Congress not provided the declaratory
judgment remedy.” In re Lockheed Martin Corp., 503 F.3d 351, 359 (4th Cir. 2007) (internal
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citations omitted). Whether an action is legal or equitable is determined by the “nature of the
issues raised by the pleadings and character of relief sought under them.” Verenes v. Alvanos,
690 S.E.2d 77, 773 (S.C. 2010). Plaintiffs are not requesting damages or any typical relief
associated with an action at law with respect to their declaratory judgment cause of action.
Plaintiffs’ declaratory judgment action requests that this court permit them to execute on ISAC’s
assets even though those assets are the subject of a security agreement with Klear-Knit. In this
court’s view, the action that underlies Plaintiffs’ declaratory judgment claim is one in which the
court would determine the priority of the liens on ISAC’s assets. “An action to determine the
priority of liens is ordinarily an action in equity.” A. Lassberg & Co. v. Atlantic Cotton Co., Inc.,
352 S.E.2d 501, 502 (S.C. Ct. App. 1986). Accordingly, this court finds that Plaintiffs’
declaratory judgment action is an equitable action, and that Plaintiffs are not entitled to a jury
trial with respect to that claim. Therefore, Plaintiffs are only entitled to maintain their request
for a jury trial with respect to their claim for civil conspiracy.
CONCLUSION
For the reasons stated herein, IT IS HEREBY ORDERED that the Motion to Dismiss and
Strike is DENIED in part and GRANTED in part. The Motion to Strike the Jury Trial Demand is
GRANTED in part.
As to the declaratory judgment cause of action outlined in Count 3 of the complaint, the
Motion to Dismiss and Strike is DENIED.
As to the claim for civil conspiracy outlined in Count 4 of the complaint, the Motion to
Dismiss and Strike is DENIED.
As to the request for attorneys’ fees, the Motion to Dismiss and Strike is GRANTED in part
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and DENIED in part. The Motion is GRANTED only with respect to the attorneys’ fees requested
in Count 1 of the complaint, and is DENIED with respect to the attorneys’ fees requested in Count
4.
As to the request for compensatory damages, the Motion to Dismiss and Strike is DENIED.
As to the request for punitive damages, the Motion to Dismiss and Strike is GRANTED in
part and DENIED in part. The Motion is DENIED only with respect to Plaintiffs’ claim for civil
conspiracy as outlined in Count 4 of the complaint. The Motion is GRANTED with respect to all
other claims.
Defendant’s Motion to Strike Jury Trial Demand is DENIED with respect to Plaintiffs’ claim
for civil conspiracy as outlined in Count 4 of the complaint. The Motion is GRANTED with respect
to all other claims.
IT IS SO ORDERED.
/s/Margaret B. Seymour
Margaret B. Seymour
Senior United States District Judge
March 19, 2015
Columbia, South Carolina
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