Sluder v. United Insurance Company of America

Filing 26

ORDER AND OPINION granting 20 Motion to Remand. Clerk's Notice: THE ATTORNEYS ARE RESPONSIBLE FOR SUPPLEMENTING THE STATE RECORD WITH ALL DOCUMENTS FILED IN FEDERAL COURT. Signed by Chief Judge Margaret B Seymour on 4/17/2012.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Larry J. Sluder,

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Plaintiff,
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vs.
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United Insurance Company of America,
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Marjorie Schulz, and Thomas Seeburg,
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Defendants.
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Civil Action No. 3:11-2292-MBS
ORDER AND OPINION

On July 22, 2011, Plaintiff Larry J. Sluder filed an action in the South Carolina Court of
Common Pleas against Defendant United Insurance Company of America (“UICA”). On August
26, 2011, UICA removed the case to this court based on diversity jurisdiction. On April 4, 2012,
this court granted Plaintiff’s motion to file a second amended complaint joining two additional
defendants, Marjorie Schulz and Thomas Seeburg. On April 5, 2012, Plaintiff filed a second
amended complaint. Because Plaintiff and these two newly joined defendants are all citizens of
South Carolina, the “complete diversity” rule is violated. Accordingly, this court may no longer
exercise diversity jurisdiction. See Mayes v. Rapoport, 198 F.3d 457, 461 (4th Cir. 1999). The
case is remanded to the state court.
IT IS ORDERED.
s/ Margaret B. Seymour
Margaret B. Seymour
Chief United States District Judge
Columbia, South Carolina
April 17, 2011

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