Humphries et al v Tilghman Beach and Racquet Club Condominium Association Inc et al

Filing 20

ORDER granting 9 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 the Honorable R. Bryan Harwell on 10/12/2016. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Jill Keck Humphries, Dennis L. Johnson,
Delona Penny Rice, and Whitmel L.
Brown, Individually and in a
Representative Capacity on Behalf of All
Persons Similarly Situated Who Own
Units in Buildings I, II, III, IV, V, VI, VII,
VIII, IX, X, XI and XII of the Tilghman
Beach and Racquet Club Horizontal
Property Regime; Gary Steven Robinson
and Elizabeth Erin Humphries; Dennis L.
Johnson, Jr. and Nancy H. Johnson,
Plaintiffs,
vs.
Tilghman Beach and Racquet Club
Condominium Association, Inc., James H.
Austin, III, Daniel G. Coe, C. Doug
Madison, George P. White and Steele
Brice Windle, III, individually and as
Members of the Board of Directors of the
Tilghman Beach and Racquet Club
Condominium Association, Inc.,
Defendants.
__________________________________

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Case Number: 4:16-cv-02880-RBH

ORDER

This matter is before the Court on Plaintiffs’ Motion to Remand [ECF No. 9] the abovecaptioned matter from this Court back to South Carolina State Court, filed on September 2, 2016.
On October 5, 2016, Defendants filed their Response to Plaintiffs’ Motion to Remand [ECF No.
18] indicating that Defendants consent to the Motion to Remand in exchange for certain
promises and representations reflected in a signed Stipulation which was attached to Defendants’
Response as Exhibit A. Defendants’ Response further indicated that Defendants understood the
Parties will bear their own attorneys’ fees and costs associated with Defendants’ removal of the
above-captioned case to this Court, Plaintiffs’ Motion to Remand and the negotiation and

drafting of the Stipulation attached as Exhibit A to the Response. On October 5, 2016, Plaintiffs
filed a Reply [ECF No. 19] indicating that Plaintiffs and their counsel agreed with Defendants’
Response to Plaintiffs’ Motion to Remand. This Court is informed that Plaintiffs’ counsel and
Defendants’ counsel have reviewed and approved both the form and content of this Order.
Accordingly, based on Defendants’ consent to Plaintiffs’ Motion to Remand, Plaintiffs’
Motion is hereby GRANTED subject to the terms of the Stipulation attached as Exhibit A to
Defendants’ Response. This case is hereby REMANDED to the South Carolina Court of
Common Pleas for the Fifteenth Judicial Circuit, Horry County. A certified copy of this Order
shall be mailed by the Clerk of this Court to the Clerk of the Court of Common Pleas, Horry
County, Fifteenth Judicial Circuit of South Carolina. The Parties shall bear their own attorneys’
fees and costs associated with Defendants’ removal of this case to this Court, Plaintiffs’ Motion
to Remand and the negotiation, drafting and execution of the Stipulation attached as Exhibit A to
Defendants’ Response.
IT IS SO ORDERED.
October 12, 2016
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

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