Greenberg Investment Partnership LP v. Cary's Lake Homeowners Association et al

Filing 58

ORDER granting 57 Motion to Remand to State Court. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable J Michelle Childs on 7/21/2016.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Greenberg Investment Partnership, L.P.,

)
)
Plaintiff,
)
)
vs.
)
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Cary’s Lake Homeowners Association,
)
North Lake Company, Inc., Lake Elizabeth )
Estates, Inc. and Hartford Insurance
)
Company of the Midwest,
)
)
Defendants.
)
___________________________________ )

C/A No.: 3:15-cv-5096-JMC

ORDER OF REMAND
This matter is before the court on Plaintiff’s Motion to Remand this matter to state court.
Defendants in this matter consent to Plaintiff’s Motion. For the reasons set forth herein, the court
GRANTS Plaintiff’s Motion to Remand.
“If at any time before final judgment it appears that the district court lacks subject matter
jurisdiction, the case shall be remanded.” 28 U.S. Code § 1447(c). In this matter, Plaintiff filed
his Complaint against Defendants on November 12, 2015, in the South Carolina Court of
Common Pleas in Richland County, case number 2015-CP-40-06814 (ECF No. 1). On December
30, 2015, Defendant Hartford Insurance Company of the Midwest removed this matter based on
federal question jurisdiction pursuant to the National Flood Insurance Act of 1968, 42 U.S.C. §
4001, et. seq. (ECF No. 1). Plaintiff with the consent of the Defendants filed a Stipulation of
Dismissal, which dismissed Hartford Insurance Company of the Midwest from this action. (ECF
No. 55). Therefore, as of July 12, 2016, Hartford Insurance Company of the Midwest was no

longer a party to this action and the claims against Hartford Insurance Company of the Midwest
were dismissed with prejudice removing federal question jurisdiction in this action.
Diversity jurisdiction is also lacking between the remaining parties. Plaintiff is a South
Carolina Limited Partnership. The remaining Defendants are also South Carolina citizens. The
court previously remanded claims against the same remaining Defendants in Civil Action
Numbers 3:16-cv-00880-JMC and 3:16-cv-00883-JMC. In both of those cases, once the diverse
insurance company defendant was severed, with the corresponding claims removed, the
Plaintiff’s claims against the remaining defendants were remanded back to state court. Because
there is no question of federal law between Plaintiff and the remaining Defendants and because
no diversity jurisdiction exists between them, this court must remand to state court Plaintiff’s tort
claims against the remaing Defendants.
CONCLUSION
Based on the aforementioned reasons, the court hereby GRANTS Plaintiff’s Motion to
Remand (ECF No. 56) and REMANDS Plaintiff’s claims against Cary’s Lake Homeowners
Association; Upper Rockyford Lake Owners Association, Inc., f/k/a North Lake Company, Inc.;
and Lake Elizabeth Estates, Inc. to state court for further proceedings and for rulings on any
motions relevant to these Defendants.
IT IS SO ORDERED.
s/J. Michelle Childs
J. Michelle Childs
United States District Judge
July 21, 2016
Columbia, South Carolina