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

Filing 38

ORDER remanding the action to the Richland County Court of Common Pleas, Fifth Judicial Circuit of South Carolina. Signed by Honorable Joseph F. Anderson, Jr on 01/21/2014. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

The State of South Carolina,

C/A No. 3:13-cv-00899-JFA

Plaintiff,
vs.
ORDER
Hitachi Displays Ltd; Epson Imaging Devices
Corporation; and Sharp Corporation,
Defendants.

This case is one of four complaints stayed by the court pending the outcome of a petition
for a writ of certiorari.1 Today, the United States Supreme Court denied that petition. AU
Optronics Corp. v. South Carolina, 12-911, 2014 WL 210665 (U.S. Jan. 21, 2014). Accordingly,
this court hereby lifts the stay. In light of today’s decision by the Supreme Court as well as its
decision in a similar case, Mississippi ex rel. Hood v. AU Optronics Corp., 12-1036, 2014 WL
113485 (U.S. Jan. 14, 2014), this court finds that it lacks subject-matter jurisdiction and remands
the entire case, including any claims against Defendant Epson Imaging Devices Corporation, to
state court. The Clerk of Court shall send a certified copy of this order of remand to the Clerk of
the Court of Common Pleas, Richland County, Fifth Judicial Circuit of South Carolina.
IT IS SO ORDERED.
January 21, 2014
Columbia, South Carolina

1

Joseph F. Anderson, Jr.
United States District Judge

The court did not stay the case as to Defendant Epson Imaging Devices Corporation
(“Epson”). The State of South Carolina had served Epson after the court stayed the case and
Epson has since sought dismissal for lack of personal jurisdiction.