Opinion
C/A NUMBER: 4:12-cv-00093-RBH
01-26-2012
Ronda Schmidt, Plaintiff, v. House of Blues Concerts, Inc. and House of Blues Myrtle Beach Restaurant Corp., Defendants.
James R. Felts, IV Federal ID No. 10301 Gerald E. Harmon, Jr. Federal ID No. 10444 ATTORNEYS FOR PLAINTIFF Christian Stegmaier Federal ID No. 8007 Amy L. Neuschafer Federal ID No. 10002 ATTORNEYS FOR DEFENDANTS
ORDER
This matter coming before the Court upon Plaintiff's motion for joinder of additional non-diverse parties, all Parties given due notice and their consent to the requested relief, and the Court being fully advised in the premises;
IT IS ORDERED:
1. This court finds that Plaintiff and Defendant hereby consent to the joinder of additional non-diverse defendants and remanding this action back to State Court.
2. This court further finds that joinder of additional non-diverse defendants is proper according to 28 U.S.C § 1447(e) which states, "If after removal the Plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the Court may deny joinder, or permit joinder and remand the action to the State court."
3. This court will no longer have subject matter jurisdiction upon joinder of a non-diverse defendant, and remanding this action back to State Court is proper.
4. That Plaintiff is entitled to amend her pleadings to add non-diverse defendants and this matter shall be remanded back to the Court of Common Pleas for the Fifteenth Judicial Circuit in Horry County.
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R. Bryan Harwell
United States District Judge
Entered: January 26, 2012
Florence, South Carolina
I/WE CONSENT:
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James R. Felts, IV
Federal ID No. 10301
Gerald E. Harmon, Jr.
Federal ID No. 10444
ATTORNEYS FOR PLAINTIFF
I/WE CONSENT:
_____________
Christian Stegmaier
Federal ID No. 8007
Amy L. Neuschafer
Federal ID No. 10002
ATTORNEYS FOR DEFENDANTS