Sluder v. United Insurance Company of America, No. 3:2011cv02292 - Document 26 (D.S.C. 2012)
Court Description: ORDER AND OPINION granting 20 Motion to Remand. Clerk's Notice: THE ATTORNEYS ARE RESPONSIBLE FOR SUPPLEMENTING THE STATE RECORD WITH ALL DOCUMENTS FILED IN FEDERAL COURT. Signed by Chief Judge Margaret B Seymour on 4/17/2012.(asni, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Larry J. Sluder, ) ) Plaintiff, ) ) vs. ) ) United Insurance Company of America, ) Marjorie Schulz, and Thomas Seeburg, ) ) Defendants. ) ____________________________________) Civil Action No. 3:11-2292-MBS ORDER AND OPINION On July 22, 2011, Plaintiff Larry J. Sluder filed an action in the South Carolina Court of Common Pleas against Defendant United Insurance Company of America ( UICA ). On August 26, 2011, UICA removed the case to this court based on diversity jurisdiction. On April 4, 2012, this court granted Plaintiff s motion to file a second amended complaint joining two additional defendants, Marjorie Schulz and Thomas Seeburg. On April 5, 2012, Plaintiff filed a second amended complaint. Because Plaintiff and these two newly joined defendants are all citizens of South Carolina, the complete diversity rule is violated. Accordingly, this court may no longer exercise diversity jurisdiction. See Mayes v. Rapoport, 198 F.3d 457, 461 (4th Cir. 1999). The case is remanded to the state court. IT IS ORDERED. s/ Margaret B. Seymour Margaret B. Seymour Chief United States District Judge Columbia, South Carolina April 17, 2011 1
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