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Kelaher Connell
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Misc | Filed: April 17, 2024 | Entered: April 17, 2024 Rader v. Hobby Lobby Stores, Inc et al
P.I.: Other | South Carolina
Document E-Mailed
***DOCUMENT E-MAILED: True Certified copy of 32 Text Order on Motion to Remand emailed to Horry County Clerk of Court, Renee Elvis (elvisr@horrycounty.org). Hard copy also mailed to the same at PO Box 677, Conway, SC 29528-0677. (lgib, )
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Order | Filed: April 17, 2024 | Entered: April 17, 2024 Rader v. Hobby Lobby Stores, Inc et al
P.I.: Other | South Carolina
Order on Motion to Remand
TEXT ORDER granting 10 Plaintiff Scott Rader's ("Plaintiff") Motion to Remand. "If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. § 1447. Plaintiff filed a negligence lawsuit in the Horry County Court of Common Pleas against Defendants Hobby Lobby Stores, Inc. ("Hobby Lobby") and Todd Carroll ("Carroll") (collectively "Defendants"), claiming damages for injuries sustained after a fall. (DE 1-1.) On November 6, 2023, within 30 days of service of the lawsuit on Defendants, Defendants removed the action to the United States District Court for the District of South Carolina, claiming this Court has subject matter jurisdiction in diversity under 18 U.S.C. § 1332 (diversity jurisdiction). (DE 1); see 28 U.S.C. § 1332(a) (subject matter jurisdiction in diversity requires complete diversity of the parties). As to the parties' citizenship for jurisdictional purposes: Plaintiff is a citizen of South Carolina; Hobby Lobby, a corporation, is a citizen of Oklahoma (incorporated in and principal place of business in Oklahoma); and Carroll is a citizen of South Carolina. (DE 1, DE 1-1). In their notice of removal, Defendants contend Carroll is a fraudulently named defendant and should be disregarded for diversity purposes because "Plaintiff's Complaint fails to state any facts indicating Defendant Carroll's actions were the cause of any of Plaintiff's damages," and "[f]urther, Defendants will show Defendant Carroll was not working and was not present on Defendant's premises on the date in question." (DE 1 2.) On November 6, 2023, Plaintiff moved to remand, claiming Carroll is a proper defendant, and there is not complete diversity between the parties. (DE 10-1.) The Court agrees with Plaintiff.
Under the fraudulent joinder doctrine, "[t]he removing party must show either 'outright fraud in the plaintiff's pleading of jurisdictional facts' or that 'there is no possibility that the plaintiff would be able to establish a cause of action against the in-state defendant in state court.'" Johnson v. Am. Towers, LLC, 781 F.3d 693, 704 (4th Cir. 2015) (citing Hartley v. CSX Transp., Inc., 186 F.3d 422, 424 (4th Cir. 1999)). "The party alleging fraudulent joinder bears a heavy burden-it must show that the plaintiff cannot establish a claim even after resolving all issues of law and fact in the plaintiff's favor." Id. "The plaintiff need not establish that he will ultimately succeed on his claims; 'there need be only a slight possibility of a right to relief.'" Benjamin v. Wal-Mart Stores, Inc., 413 F. Supp. 2d 652, 654 (D.S.C. 2006) (citing Hartley, 186 F.3d at 425).
Plaintiff has sufficiently plead facts that establish at least a slight possibility of relief for negligence against Carroll. To establish a claim for negligence, Plaintiff must sufficiently allege "(1) defendant owes a duty of care to the plaintiff, (2) defendant breached the duty by a negligent act or omission, (3) defendant's breach was the actual and proximate cause of the plaintiff's injury, and (4) plaintiff suffered an injury or damages." Andrade v. Johnson, 356 S.C. 238, 245, 588 S.E.2d 588, 592 (2003). Plaintiff alleges Carroll "is the general manager of the North Myrtle Beach Hobby Lobby Store and as the manager is in control of operations including safety protocols and maintenance." (DE 1-1, p. 3 3.) District Courts interpreting South Carolina law have consistently held that a store manager "by virtue of his position has a high level of control over the store," and thus owes a duty of care to customers. Cook v. Lowe's Home Centers, Inc., No. 5:06-2130 RBH, 2006 WL 3098773, at *4 (D.S.C. Oct. 30, 2006); see also Griggs v. Dollar General Corp., No. 4:15-cv-04600-RBH, 2016 WL 70017 (D.S.C. Jan. 6, 2016); Mobley v. Wal-Mart Stores, Inc., No. CIV. 209CV3019DCN, 2010 WL 503101, at *5 (D.S.C. Feb. 8, 2010). Plaintiff also alleges facts that, if resolved in his favor, would establish the remaining negligence elements, for example that Defendants (to include Carroll) were negligent in "failing to properly manage the store" (DE 1-1, p. 4 6), that "there was no warning" regarding a "transition area near the restroom where the transition is higher than the floor" where Plaintiff alleges he fell (Id.. at 3 4), and that Plaintiff suffered various injuries due to the fall (id. at 5, 7).
Accordingly, Defendant Carroll is not a fraudulently joined defendant, and his citizenship shall be considered in assessing the diversity of the parties under 18 U.S.C. 1332. Thus, because there is not complete diversity between the parties (Plaintiff and Defendant Carroll are both citizens of South Carolina), thi... (truncated)
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Misc | Filed: April 15, 2024 | Entered: April 15, 2024 Drescher v. Sodexo Operations, LLC
P.I.: Other | South Carolina
Document E-Mailed
***DOCUMENT E-MAILED AND MAILED 20 Order on Motion to Remand, to Georgetown County Court of Common Pleas at awhite@gtcounty.org, PO Box 479, Georgetown, SC 29442 (hcor, )
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