Proveaux v. United Technologies Corporation et al

Filing 12

ORDER granting 11 Motion to Remand to the Bamberg County Court of Common Pleas. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable J Michelle Childs on 8/21/2014.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION

Daniel Proveaux,
Plaintiff,
vs.
United Technologies Corporation (UTC),
Delavan, Inc., Delavan Spray, LLC,
Christopher Dunford, John Reddy, Robert
Wiles, David Graham,
Defendants.

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C.A. No. 5:14-cv-02742-JMC

ORDER GRANTING CONSENT MOTION
TO REMAND

The above-captioned matter is before this Court on Plaintiff’s motion, with consent of
Defendants, for remand of this case to the South Carolina Court of Common Pleas. After
Plaintiff filed his Amended Complaint, there are no remaining federal questions over which the
Court would have original jurisdiction under 28 U.S.C. § 1331. The only remaining causes of
action are tort claims arising solely under State law. The parties agree and consent to placing the
case back on the docket in Bamberg County to be heard by the South Carolina Circuit Court of
Common Pleas, on condition that the tortious interference claim shall not be re-asserted by the
plaintiff in state court. This Court now hereby orders that this action be remanded to state court.
Therefore, it is ordered, adjudged and decreed that the case be remanded to state court.
The plaintiff shall not re-assert his tortious interference claim.

s/J. Michelle Childs
The Honorable J. Michelle Childs
United States District Court
August 21, 2014
Columbia, South Carolina