Kirby v. Family Dollar Stores of South Carolina, LLC.

Filing 9

ORDER granting 8 Motion to Remand to State Court. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable J Michelle Childs on 1/19/2017.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
EMMA KIRBY,

)
)
PLAINTIFF,
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)
vs.
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FAMILY DOLLAR STORES OF SOUTH )
CAROLINA, LLC,
)
)
DEFENDANT.
)
)

C.A. NO. 1:17-CV-00095-JMC

ORDER TO REMAND

This matter comes before this Court on joint motion of the parties for an order
remanding this case to the Allendale County Court of Common Pleas for the State of
South Carolina in accordance with 28 U.S.C §1447 and on the grounds that Plaintiff has
stipulated to this court that the total amount in controversy (including, but not limited to,
actual and consequential damages; punitive damages; and, costs, expenses, and fees) of
her claim in the above-captioned matter is no more than $74,999.99. The Stipulation of
Damages is attached as Exhibit A and incorporated herein by reference.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED as follows:
1.

The total amount in controversy (including, but not limited to, actual and

consequential damages; punitive damages; and, costs, expenses, and fees) of the
Plaintiff’s claim in the above-captioned matter is no more than $74,999.99 pursuant to
the terms of the Stipulation.
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that the above
matter be remanded to the Allendale County Court of Common Pleas for the State of
South Carolina.
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AND IT IS SO ORDERED.

s/J. Michelle Childs
The Honorable J. Michelle Childs
United States District Judge
Dated: January 19, 2017

Columbia, South Carolina

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