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Teresa Forrest v. John Spoonhour and Timmothy Priester
Case Number: 9:19-cv-00861-BHH
Judge: Bruce Howe Hendricks
Court: United States District Court for the District of South Carolina (Beufort County)
Plaintiff's Attorney: Mark S. Berglind
Defendant's Attorney: Amy Elizabeth McLaren, G. Troy Thames for John Spoonhour
Beaufort, SC - Teresa Forrest sued John Spoonhour and Timmothy Priester on personal injury auto negligence theories.
This case was filed in the Court of Common Pleas, Jasper County, South Carolina, Case No.: 2019-CP-27-00042, and was removed to federal court by the Defendants.
Plaintiff challenged the jurisdiction of the court, who sought remand to the state court.
Outcome: TEXT ORDER granting 10 Motion to Remand to State Court. Defendant Spoonhour removed this case on March 31, 2019, based on diversity of citizenship but now consents to Plaintiff's motion to remand based on the fact that Defendant Priester is a South Carolina resident, and actions may not be removed on the basis of diversity jurisdiction "if any of the parties in interest properly joined and served as defendants is a citizen of the State in which the action is brought." 28 U.S.C. Section 1441(b). Accordingly, the Court grants Plaintiff's motion and remands this action to the Jasper County Court of Common Pleas. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Entered at the Direction of The Honorable Bruce Howe Hendricks on 4/26/2019.(vdru, ) (Entered: 04/26/2019)