Doxey v. GEICO Indemnity Company

Filing 8

ORDER OF REMAND. Signed by the Honorable R Bryan Harwell on 01/29/2019. (lsut, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION WYNDI VANN DOXEY, ) ) Plaintiff, ) ) vs. ) ) GEICO INDEMNITY COMPANY, ) ) Defendant. ) ____________________________________) C/A No. 4:18-cv-03609-RBH ORDER REMANDING CASE This matter comes before the Court on the joint motion of the parties for a remand of this action to the Horry County Court of Common Pleas pursuant to 28 U.S.C. § 1447. In support this motion, the parties advised the Court that subsequent to the removal of this action on December 20, 2018, the Plaintiff and the Defendant entered into a stipulation that the amount in controversy involved in the Plaintiff’s claim is less than Seventy-Five Thousand and 00/100 ($75,000.00) Dollars, exclusive of interest and costs, and that the Plaintiff will not seek to recover any damages, award, verdict, and/or judgment in excess of Seventy-Five Thousand and 00/100 ($75,000.00) Dollars. The Plaintiff further agrees that she will not amend her pleadings to seek greater than Seventy-Five Thousand and 00/100 ($75,000.00) Dollars, exclusive of interest and costs, and that should she will not seek to enforce any award, verdict, and/or judgment over and Seventy-Five Thousand and 00/100 ($75,000.00) Dollars, exclusive of interest and costs. Based on these stipulations and agreements, the Court finds that remand of this action is proper. IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1447, this action be remanded in its entirety to the Horry County Court of Common Pleas. AND IT IS SO ORDERED. January 29, 2019 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge -2-

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