Callahan v. Rodgers Builders Inc

Filing 48

ORDER denying 37 Motion to Remand; granting 47 Motion Motion to Dismissand Realign consistent with this Order. The parties are directed to file amended pleadings reflecting these changes within fourteen (14) days of this Order. Signed by Honorable Donald C Coggins, Jr on 3/22/2018.(abuc)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Angela Callahan, individually, and as
Natural Guardian and Next Friend of her
minor child, J.D.,
Plaintiffs,
v.
Rodgers Builders, Inc., Newbold Services,
LLC, Precision Walls, Inc., and John Doe
Defendants 1–10,
Defendants.

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Civil Action No. 6:17-CV-02809-DCC

ORDER

On February 21, 2018, the parties filed a Joint Motion to Remand. ECF No. 37. The
parties acknowledged that Plaintiff’s Amended Complaint, ECF No. 13, added a non-diverse party,
Newbold Services, LLC, as a defendant. ECF No. 37. After reviewing the filings, the Court
determined that this case was not removed from State Court, and was filed in this Court’s original
jurisdiction. Therefore, the Court issued a text order directing the parties “to file briefing as to the
appropriate procedural remedy.” ECF No. 40. In accordance with the Court’s direction, the parties
filed a joint submission and Motion requesting dismissal of Plaintiffs’ claims against Defendant
Newbold Services, LLC without prejudice, which would preserve diversity jurisdiction. ECF No.
45. The parties further requested realignment of Defendant Rodgers Builders, Inc.’s cross-claim
against Defendant Newbold Services, LLC as a third-party complaint.
After reviewing the parties’ submission and the relevant law, the Court dismisses
Defendant Newbold Services pursuant to Federal Rule of Civil Procedure 21. The Court further
realigns Defendant Rodgers Builders, Inc.’s claim against Defendant Newbold Services, LLC as a

third-party claim. The parties are directed to file amended pleadings reflecting these changes
within fourteen (14) days of this Order.
Accordingly, the Joint Motion to Remand is DENIED, and the Consent Motion to Dismiss
and Realign is GRANTED consistent with this Order.
IT IS SO ORDERED.

March 22, 2018
Spartanburg, South Carolina

s/Donald C. Coggins, Jr.
United States District Judge