County of Charleston, South Carolina v. AT&T Corp et al

Filing 61

ORDER AND OPINION denying as moot 17 Defendants' Motion for More Definite Statement. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/6/2018.(sshe, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION County of Charleston South Carolina, Plaintiff, V. AT&T Corp, et. al., Defendants. Case No.: 2:17-cv-02534 ) ) ) ) ) ) ) ) ) ) ORDER AND OPINION = - - I - I � This matter is before the Court on Defendants' Joint Motion for =­ .n; ¢')I i;l!· ·;§ A C, gJ l> ·� . · oreqj)efitift:e �·�· .. N m • Statement. (Dkt. No. 17.) On October 3, 2017, this Court entered an order to itay b�ng on Defendants' Motion for a More Definite Statement until this Court ruled on Plaintiff's anticipated motion to remand. The Court ordered Plaintiff to move to remand no later than October 20, 2017. (Dkt. No. 24.) Plaintiff moved to remand on October 20, 2017. (Dkt. No. 32.) On March 1, 2018, Plaintiff withdrew its motion to remand (Dkt. No. 58), conceding that there is now complete diversity in this action due to (1) the full settlement of Plaintiff's claims against McClellanville and (2) a stipulation by defendants Comcast Phone of South Carolina, Inc. and Comcast IP Phone, LLC that Plaintiff may amend its Complaint to include Comcast IP Phone, LLC as a Defendant and to remove Comcast Phone of South Carolina, Inc. (Dkt. No. 58 at 2). The parties then filed a joint stipulation agreeing that Plaintiff County of Charleston shall file an Amended Complaint on or before April 2, 2018 reflecting these changes and alleging federal subject matter jurisdiction under 28 U.S.C. § 1332(a). (Dkt. No. 59.) As the parties have -1- filed a motion consenting to Plaintiffs filing an amended complaint, Defendants' motion for a More Definite Statement (Dkt. No. 17) is denied as moot. AND IT IS SO ORDERED. Richard Mark Gergel United States District Court Judge March // , 2018 Charleston, South Carolina -2-

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