Anonymous Surgeon v. Siedhoff
Filing
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ORDER AND OPINION granting 10 Motion to Remand. This action is hereby remanded to the Court of Common Pleas of Richland County, South Carolina for further proceedings. The attorneys are responsible for supplementing the state record with all document filed in federal court. Signed by Chief Judge Margaret B Seymour on 10/25/2012.(asni, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Anonymous Surgeon,
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Plaintiff,
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v.
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Matthew T. Seidhoff, M.D.,
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Defendant.
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______________________________)
Civil Action No. 3:12-02822-MBS
ORDER AND OPINION
This matter is before the court on a motion to remand pursuant to 28 U.S.C. § 1447 by
Plaintiff Anonymous Surgeon (“Plaintiff”). (ECF No. 10.) Plaintiff initially filed this case in
state court, alleging a claim for libel per se. (ECF No. 1-1.) Defendant Matthew T. Seidhoff,
M.D. (“Defendant”), removed the case to federal court, asserting that complete diversity of
citizenship existed between the parties and the damages sought by Plaintiff exceeded the
jurisdictional amount of $75,000.00. (ECF No. 1.) Plaintiff now moves to remand the matter
back to state court, asserting that remand is appropriate because Plaintiff stipulates that the
matter in controversy does not exceed the sum or value of $75,000.00 as required by 28 U.S.C. §
1332(a) for diversity jurisdiction. (ECF No. 10.) In response, Defendant asserts that he does not
oppose Plaintiff’s motion to remand since Plaintiff stipulates that the damages at issue do not
exceed $75,000.00. (ECF No. 11.)
Based on the foregoing stipulation by Plaintiff that damages in this matter do not exceed
$75,000.00 and the acceptance of Plaintiff’s stipulation by Defendant, the court hereby
GRANTS Plaintiff’s motion to remand and this action is hereby remanded to the Court of
Common Pleas of Richland County, South Carolina for further proceedings. (ECF No. 10.)
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IT IS SO ORDERED.
/s/Margaret B. Seymour__________________
MARGARET B. SEYMOUR
CHIEF UNITED STATES DISTRICT JUDGE
October 25, 2012
Columbia, South Carolina
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