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Personal Inj. Prod. Liability | South Carolina
Response to Order to Show Cause
RESPONSE TO ORDER TO SHOW CAUSE by Crown Equipment Corporation Inc. (Attachments: # 1 Exhibit Answers to Defendant's RFAs)(Ott, Curtis)
Order to Show Cause
TEXT ORDER TO SHOW CAUSE. Plaintiffs filed this case in the Spartanburg County Court of Common Pleas on June 15, 2026, bringing claims for negligence, negligence per se, strict liability, breach of warranty, and loss of consortium arising out of a forklift accident. [Doc. 1 -1.] Specifically, Plaintiffs allege that Plaintiff Kenji Jeter was operating a forklift that crashed into a metal rack and "was pinned to the rack with his left foot and ankle broken and almost severed from his body." [Id. at 3.] Plaintiff alleges that he "endured severe pain and suffering as a consequence of the foregoing events." [Id.] Plaintiffs seek actual damages, general damages, punitive damages, costs, and [s]uch other and further relief as [the Court] may deem just and proper in unspecified amounts. [Id. at 9.] Defendant removed the action to this Court on July 15, 2026, on the basis of diversity jurisdiction. [Doc. 1.] Defendant states, "upon information and belief," that the amount in controversy exceeds $75,000.00. [Id. at 2.] The Court is not convinced that the amount-in-controversy requirement is satisfied such that the Court has subject matter jurisdiction over Plaintiffs' claims. See Owens v. State Farm Fire & Cas. Co., No. 6:24-06412-JDA, Doc. 23 (D.S.C. Jan. 8, 2025); Davenport v. State Farm Fire & Cas. Co.,, No. 6:24-CV-04330-JDA, 2024 WL 4453651, Doc. 17 (D.S.C. Sept. 9, 2024); Valdez v. Allstate Ins. Co., 372 F.3d 1115, 1117 (9th Cir. 2004) ("[I]nformation and belief hardly constitutes proof by a preponderance of the evidence." (internal quotation marks omitted)). Accordingly, Defendant is ORDERED to show cause, by August 18, 2026, why the Court should not remand this action to state court based on failure to satisfy the amount-in-controversy requirement. Plaintiffs shall file a reply by August 25, 2026, to Defendant's response to this Text Order. Signed by Honorable Jacquelyn D Austin on 8/4/2026. (alma, )
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