Rosendall et al v. Voigt et al
ORDER: Plaintiffs shall have ten days from the date of this order to file their amended complaint. The Clerk of Court is directed to note Defendants' Motion to Dismiss (Document # 5 ) as withdrawn in accordance with the agreement of the parties. Signed by Magistrate Judge Thomas E Rogers, III on 05/01/2017. (dsto, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
HILLERY ROSENDALL, TOCARA
SMITH, SHAMEKA HAYNESWORTH,
and MOKEIA HAMMOND,
HERMAN VOIGHT, individually and in
his official capacity as employee of the
South Carolina Department of Corrections, )
and SOUTH CAROLINA DEPARTMENT )
Civil Action No.: 4:17-cv-0821-BHH-TER
Plaintiffs bring this action alleging federal claims under 42 U.S.C. § 1983 and state law
claims pursuant to the South Carolina Tort Claims Act (SCTCA), S.C.Code Ann. §§ 15–78–10 et
seq. All pretrial proceedings in this case have been referred to the undersigned pursuant to 28
U.S.C. § 636(b)(1)(A) and Local Rule 73.02(B)(2)(d). Defendants removed the action to this court
on March 29, 2017, and filed a Motion to Dismiss (Document # 5) on April 5, 2017. In their
Response (Document # 8), Plaintiffs indicated they had spoken with Defendants, who agreed to
withdraw their motion if Plaintiffs filed an amended complaint. Within their response, Plaintiffs
seek leave to file an amended complaint with Defendants’ consent. Defendants confirmed their
consent in their Reply (Document # 9).
For these reasons, Plaintiffs shall have ten days from the date of this order to file their
amended complaint. The Clerk of Court is directed to note Defendants’ Motion to Dismiss
(Document # 5) as withdrawn in accordance with the agreement of the parties.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
May 1, 2017
Florence, South Carolina
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