Cappel et al v. Underwriters at Lloyd's London et al

Filing 36

CONSENT ORDER OF REMAND. Signed by the Honorable R. Bryan Harwell on 6/20/2017. (hcic, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION WILLIAM F. CAPPEL AND KATHRYN E. CAPPEL, ) ) ) Plaintiffs, ) ) -versus) ) UNDERWRITERS AT LLOYD’S, ) LONDON; CARNEY’S STEAMWAY & ) PEST CONTROL, LLC; AND DUNES ) REALTY, INC., ) ) ) Defendants. ) ____________________________________) Civil Action No. 4:16-cv-3618-RBH CONSENT ORDER OF REMAND Underwriters at Lloyd’s of London (“Underwriters”) removed this case from Horry County Court of Common Pleas on November 14, 2016. Underwriters also contemporaneously filed a motion to dismiss or stay [Doc. 5] and Motion to Sever [Doc. 6]. On June 9, 2017, the Court was informed that Underwriters and Plaintiff’s settled their dispute and that the aforementioned motions are moot. From a review of the petition for remand and the motions before the Court it is clear that it has always been Underwriters’ position that the claims against the non-diverse co-defendants belong in state court and no other party has argued otherwise. In light of the settlement between Underwriters and Plaintiffs, the motions are denied as being moot and the matter shall be remanded to the Horry County Court of Common Pleas. AND IT IS SO ORDERED. June 20, 2017 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge

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