Footman et al v. Mendenhall Cooper

Filing 6

ORDER OF REMAND. Signed by the Honorable R Bryan Harwell on 03/28/2018. (lsut, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Quadre Footman, & Joelinda Ross

Civil Action No. 4:18-cv-00669-RBH
Plaintiffs,
CONSENT ORDER REMANDING
THE CASE TO COURT OF COMMON
PLEAS FOR WILLIAMSBURG COUNTY

v.
Linda Mendenhall-Cooper,
Defendant.

The matter presented is to this Court upon the agreement of the Defendant, Linda
Mendenhall-Cooper, and the Plaintiffs, Quadre Footman and Joelinda Ross, to remand the case
to the Court of Common Pleas for Williamsburg County. The action was initially removed to this
Court by the Defendant pursuant to 28 U.S.C. §§ 1332(a)(1), 1441(a), and 1446, which vest
federal district courts with original jurisdiction over civil actions where the matter in controversy
exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between citizens
of different States. However, this Court is informed that the Plaintiffs have now filed an
Amended Complaint in the Court of Common Pleas for Williamsburg County seeking damages
and a judgment for an amount not to exceed $74,999.99. Therefore, the amount in controversy,
exclusive of interest and costs, no longer satisfies the amount-in-controversy criterion of 28
U.S.C. § 1332(a) for this Court to retain jurisdiction. The parties, as acknowledged by the
signatures of their respective counsel, agree to remand the case to the Court of Common Pleas
for Williamsburg County.

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IT IS THEREFORE ORDERED that this action is hereby remanded to the Court of
Common Pleas for Williamsburg County.
March 28, 2018
Florence, South Carolina

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

WE SO MOVE AND CONSENT:

s/Matthew G. Gerrald
Richard C. Thomas, Dist. Ct. ID. No. 4068
Matthew G. Gerrald, Dist. Ct. ID. No. 10055
Barnes, Alford, Stork & Johnson, LLP
1613 Main Street (29201)
Post Office Box 8448
Columbia, SC 29202-8448
803.799.1111 (Office)
803.254.1335 (Fax)
[e-mail]
[e-mail]
Attorneys for the Defendant

s/Cezar E. McKnight
Cezar E. McKnight, Dist Ct. ID No. 8069
Cezar E. McKnight, LLC
105 South Acline Street
Post Office Box 688
Lake City, SC 29560
843.374.4529 (Office)
843.374.4535 (Fax)
[e-mail]
Attorneys for the Plaintiffs

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