Cappel et al v. Underwriters at Lloyd's London et al
CONSENT ORDER OF REMAND. Signed by the Honorable R. Bryan Harwell on 6/20/2017. (hcic, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
WILLIAM F. CAPPEL AND KATHRYN
UNDERWRITERS AT LLOYD’S,
LONDON; CARNEY’S STEAMWAY & )
PEST CONTROL, LLC; AND DUNES
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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