South Carolina Environmental Law Project et al v. Dilliard

Filing 31

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 Patrick Michael Duffy on 1/18/2017.(adeh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION South Carolina Environmental Law Project and Amy E. Armstrong, ) ) ) Plaintiffs, ) ) v. ) ) Scott Dilliard, ) ) Defendant. ) ____________________________________) C.A. No.: 2:16-cv-3405-PMD ORDER This matter is before the Court upon removal from South Carolina state court. Plaintiffs have filed a motion to remand (ECF No. 8). Plaintiffs ask the Court to remand the case to state court and to award them expenses they incurred as a result of the removal. Defendant consents to remand but opposes the requested expenses award. Because the parties consent, the Court will remand the case. However, the Court declines to award expenses to Plaintiffs. Defendant removed the case on the basis that the Court had jurisdiction pursuant to 28 U.S.C. § 1331. Although Defendant’s stated reason for believing there was § 1331 jurisdiction is clearly unsound, removal in reliance on § 1331 was nonetheless objectively reasonable because Plaintiffs labeled one of their causes of action “Libel— Constitutional Claim,” thus indicating they intended to base that claim on the federal Constitution. It is therefore ORDERED that this matter is REMANDED to the Court of Common Pleas for Georgetown County, South Carolina and that the expense award request is DENIED. AND IT IS SO ORDERED. January 18, 2017 Charleston, South Carolina

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