Doe et al v. South Carolina Department of Social Services et al

Filing 176

ORDER inviting parties to brief the court on the matter of the Plaintiffs' state law claim for gross negligence in regards to whether or not the court should remand this claim to state court. Briefs should be filed by 09/28/2010. Signed by Honorable Joseph F Anderson, Jr on 09/13/2010. (bshr, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Jane Doe, by and through her guardians, ) Gregory and Michelle Johnson; Gregory ) and Michelle Johnson; and John and Jane) Does #1-10, ) Plaintiffs, ) vs. ) ) South Carolina Department of Social ) Services (SCDSS); Kameron Seth Cox; ) Titsa M. Flesch; Healthy Minds, LLC; ) Debby Thompson; and John and Jane ) Roes #1-10, ) Defendants. ) ___________________________ ) ) Jane Doe, by and through her guardians, ) Gregory and Michelle Johnson; Gregory ) and Michelle Johnson; and John and Jane) Does #1-10, ) Plaintiffs, ) vs. ) ) South Carolina Department of Social ) Services; Directors Elizabeth G. ) Patterson, Kim S. Aydlette; Managerial ) Roes #1-10; Supervisory Roes #1-10; ) Caseworker Roes #1-10; Foster Parent ) Roes #1-10. ) Defendants. ) ____________________________ ) C/A No.: 3:06-3663-JFA

C/A No.: 3:07-1629-JFA

ORDER

This matter comes before the court on a Mandate of the United States Court of Appeals for the Fourth Circuit. The Court of Appeals has vacated this Court's order granting Defendant South Carolina Department of Social Services' Motion for Summary Judgment with respect to Plaintiffs' state law claim for gross negligence and remanded the claim for

further consideration. Because this state law claim is the only remaining cause of action in this suit, the Court is inclined to remand this matter to state court. Before doing so, however, the Court invites the parties to brief whether or not the court should remand this matter, and the briefs should be filed with the Court by September 28, 2010. IT IS SO ORDERED.

September 13, 2010 Columbia, South Carolina

Joseph F. Anderson, Jr. United States District Judge