Jones v. Action Water Sportz LLC

Filing 7

CONSENT ORDER OF REMAND. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by the Honorable R Bryan Harwell on 1/24/2014. (hcic, )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Tahshiana Jones,

)
)
Plaintiff,
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vs.
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Action Water Sportz, LLC,
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)
Defendant.
)
____________________________________)

Case No.: 4:14-cv-00157-RBH

CONSENT ORDER OF REMAND

THIS MATTER COMES BEFORE THE COURT upon joint motion of counsel for the
Plaintiff and Defendant in the above captioned matter, requesting that this case be remanded to
the Court of Common Pleas for the Fifteenth Judicial Circuit of South Carolina in accordance
with 28 U.S.C.A. § 1447(c) on the following grounds:.
1.

The parties agree that the Defendant is a limited liability company organized and

operating under the laws of the State of South Carolina with its principal place of business in
Horry County, South Carolina.
2.

The parties agree that the Plaintiff filed her original action in the Court of

Common Pleas for the Fifteenth Judicial Circuit of South Carolina.
3.

The parties agree that the Defendant was served on December 17, 2013 and that

the Notice of Removal was filed by Defendant on January 20, 2014. Accordingly, the parties
agree that the Notice of Removal was not timely filed and the Court does not have jurisdiction.
4.

The parties agree that since the Defendant is organized under and has its principal

place of business in South Carolina, this action cannot be removed to the United States District
Court for the District of South Carolina pursuant to 28 U.S.C.A. § 1441(b)(2).

THEREFORE, this case is hereby remanded to the Court of Common Pleas for the
Fifteenth Judicial Circuit of South Carolina, and a certified copy of this order shall be mailed to
the Clerk of Court for the Court of Common Pleas for the Fifteenth Judicial Circuit pursuant to
28 U.S.C.A. § 1447(c).
AND IT IS SO ORDERED.
s/ R. Bryan Harwell
The Honorable R. Bryan Harwell
United States District Court Judge
Florence Division
Florence, South Carolina
January 24, 2014

I CONSENT:

I CONSENT:

By: /s William R. Padget
William R. Padget, Esquire
District Court ID #9466
[e-mail]
FINKEL LAW FIRM LLC
1201 Main Street, Suite 1800
Post Office Box 1799
Columbia, South Carolina 29202
[phone]
[phone] fax
Attorneys for Plaintiff

By: s/ Paul E. Hammack
Paul E. Hammack (Fed. #7675)
Andrew F. Carson (Fed. #11247)
Email: [e-mail]
CLAWSON AND STAUBES, LLC
223 W. Stone Avenue
Greenville, SC 29609
864-331-8940/Fax: [phone]
Attorneys for Defendant

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