Amcol Systems, Inc. v. Lemberg Law, LLC et al

Filing 34

OPINION AND ORDER WITHDRAWING REMAND. Signed by Honorable Cameron McGowan Currie on 1/26/2016. (cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
AMCOL Systems, Inc.,

C/A No. 3:15-3422-CMC

Plaintiff,
v.
Lemberg Law, LLC, and Sergei Lemberg,

OPINION AND ORDER
WITHDRAWING REMAND

Defendants.

This matter is before the court on Defendants’ motion to reconsider two aspects of the
court’s Opinion and Order on Defendants’ motion to dismiss. ECF No. 26 (Opinion and Order);
ECF No. 30 (Motion to Reconsider). Specifically, Defendants ask the court to (1) reconsider its
decision to remand the matter to state court and (2) to fully consider those aspects of the motion
to dismiss on which the court declined to rule in light of its remand of the state-law claims.
Plaintiff has not responded to Defendants’ motion despite passage of the time allowed for
filing a response. The court, therefore, considers the motion unopposed.
The court has, nonetheless, independently considered Defendants’ arguments on the
remand issue and finds them persuasive. Discretionary remand under 28 U.S.C. § 1367(c)(3) was
improper because the court had an independent basis for assertion of subject matter jurisdiction
over the state-law claims (diversity jurisdiction).
WHEREFORE, the court withdraws the portion of ECF No. 26 that remanded the matter
to the Richland County Court of Common Pleas. The Clerk of Court is directed to forward a copy
of this order to the state court informing it of the withdrawal of remand. This court will address
the previously unaddressed aspects of Defendants’ motion to dismiss, specifically arguments
relating to viability of the state-law claims, by separate order. In doing so, the court will consider

the parties’ previously filed memoranda. The court will consider Plaintiffs’ pending motion to
reconsider dismissal of one aspect of its federal claims through the same order.
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
January 26, 2016

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