Chavis v. Bamberg et al

Filing 32

ORDER transferring jurisdiction of the settlement of this action to the Circuit Court of Orangeburg County for consideration and approval of the proposed survival and wrongful death settlements. Signed by Magistrate Judge Paige J. Gossett on 5/22/2017. (bgoo)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Angela Parker Chavis, Individually and as
Personal Representative the Estate of
James Parker,
Plaintiff,
vs.
Willie Bamberg, Lt. Kim Fisk, Sgt.
Christopher James, Ofc. Latoya Echols,
and Ofc Harrie Mintz
Defendants.

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C/A No: 0:16-cv-00240-DCN-PJG

ORDER OF TRANSFER

The Court has been informed that the above-captioned Federal Civil Action brought
under 42 U.S.C. § 1983 has been settled by agreement between the parties. The Court is further
informed that the Plaintiff has also reached a settlement agreement with the Defendants
regarding causes of action filed in a civil claim pending in the South Carolina Court of Common
Pleas, case number 2015-CP-38-00302. Both of these matters require Court approval pursuant to
South Carolina Code Annotated § 15-51-42.
The Court is further informed that the Plaintiff intends to seek joint approval of these
settlements in State Court. Accordingly, the parties request that this Court transfer jurisdiction of
the settlement of this action to State Court for consideration and approval pursuant to South
Carolina Code Annotated § 15-51-42(D), which provides that “[f]or any actions pending in the
federal courts, …the federal court, at its discretion, may issue an order transferring the case to
state court for consideration of the proposed settlement.”
In light of the fact that the Plaintiff intends to seek joint approval in State Court of the
settlement in the case pending before this Court and the settlement in the case pending in State
Court, the above-captioned matter is hereby transferred to the Circuit Court of Orangeburg
County for consideration of the proposed survival and wrongful death settlements.

IT IS SO ORDERED.

__________________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
May 22, 2017
Columbia, South Carolina

WE CONSENT

_s/ C. Carter Elliott, Jr.
C. Carter Elliott, Jr.
Elliott & Phelan, LLC
117 ½ Screven Street
Georgetown, SC 29442
[phone]
Attorney for the Plaintiff

__s/Alison Hood____________
Alison Hood
Norma A. T. Jett
Ness, Jett & Tanner, LLC
2878 Main Hwy
Bamberg, SC 29003
Attorney for the Defendants

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