State of South Carolina, The v. Hitachi Displays Ltd et al

Filing 12

CONSENT ORDER FOR LIMITED REMAND AS TO HITACHI DISPLAYS, LTD granting 8 Motion to Remand as to Defendant Hitachi Displays, remanding the State's claims against Defendant Hitachi Displays, Ltd. to the Richland County Court of Common Pleas. Signed by Honorable Joseph F Anderson, Jr on 04/15/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
The State of South Carolina,
Plaintiff,
vs.
Hitachi Displays, Ltd., Epson Imaging
Devices Corp., and Sharp Corporation
Defendants.

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Civil Action Number: 3:13-CV-00899-JFA

CONSENT ORDER FOR LIMITED
REMAND AS TO
HITACHI DISPLAYS, LTD

This action was removed to this Court from the Richland County Court of
Common Pleas, Fifth Judicial Circuit, by defendant Sharp Corporation (“Sharp”) by a
Notice of Removal filed on April 4, 2013 (D.E. 1). The State of South Carolina (the
“State”), by and through its Attorney General Alan Wilson, and Defendant Hitachi
Displays, Ltd. (“Hitachi”) entered into a written settlement agreement prior to the filing
of the Notice of Removal, resolving all claims brought by the State against Hitachi. The
State, Hitachi and Sharp have informed the Court that they agree, consent and stipulate as
follows:
1.

Pursuant to 28 U.S.C. § 1441(c)(1)(B) and 1441(c)(2), all claims against
Hitachi should be immediately remanded to the Richland County Court of
Common Pleas, Fifth Judicial Circuit, so that the pre-removal settlement
with Hitachi may be closed.

2.

Remand to state court of all claims against Hitachi is proper, although this
Limited Remand is inapplicable to the State’s claims against Epson

Imaging Devices Corp. and/or against Sharp Corporation, nor the
remaining action itself.
For good cause having been shown, by and with the agreement, consent and
stipulation of counsel for the State and that of counsel for Defendant Hitachi and
Defendant Sharp, the Consent Motion for Limited Remand as to Hitachi Displays, Ltd. is
GRANTED. Accordingly, the State’s claims against Defendant Hitachi Displays, Ltd.
are remanded to the Richland County Court of Common Pleas. A certified copy of this
order of limited remand shall be sent by the Clerk of this Court to the Clerk of the Court
of Common Pleas, Richland County, Fifth Judicial Circuit.
IT IS SO ORDERED.

April 15, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge