Moore et al v. Nationwide Insurance Company of America et al

Filing 11

ORDER granting 8 Motion to Dismiss, 10 Motion to Remand. Signed by Honorable Terry L Wooten on 7/6/2011. (hcic)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Spencer Moore and Timothy Timmons
as Personal Representative of the Estate
of Latisha Clement,

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Plaintiffs,
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vs.
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Nationwide Insurance Company of
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America and Christopher Moody,
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Defendants.
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___________________________________ )

Civil Action No. 4:11-cv-469-TLW

ORDER

This matter is now before the Court for consideration of Defendant Nationwide Insurance
Company of America’s motion to dismiss Plaintiffs’ Complaint. (Doc. # 8). Plaintiffs filed a
response to the motion to dismiss and a motion to remand to state court as to defendant Moody.
(Doc. # 10). In the response, Plaintiffs consent to the dismissal of Nationwide as a defendant.
Accordingly, Nationwide’s motion to dismiss is GRANTED.
Defendant Moody has not filed a response to Plaintiffs’ motion to remand. This Court
finds that with the dismissal of Defendant Nationwide, it lacks subject matter jurisdiction over
this case. Accordingly, Plaintiffs motion to remand is GRANTED. (Doc. # 10). This case is
hereby REMANDED to the Circuit Court for Marion County.

IT IS SO ORDERED.
s/Terry L. Wooten______
TERRY L. WOOTEN
United States District Judge

July 6, 2011
Florence, South Carolina