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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Tony L. Wilson, ) ) Plaintiff, ) ) vs. ) ) Lee County Landfill SC, LLC; Republic ) Services of South Carolina, LLC; Republic ) Services, Inc.; Bartow Keller; Mike Culp; ) and Thomas Lawrence, ) ) Defendants. ) ) C/A No.: 3:12-cv-3033-JFA

ORDER

This matter comes before the court on a motion by Plaintiff Tony L. Wilson to remand the instant case to state court, ECF No. 8, and a motion by Defendants Lee County Landfill SC, LLC, Republic Services of South Carolina, LLC, Republic Services, Inc., Bartow Keller, and Mike Culp to dismiss all of the Defendants except Lee County Landfill SC, LLC, ECF No. 4. For the reasons that follow, the court finds that this case should be remanded to the Lee County Court of Common Pleas. I. Factual and Procedural History Plaintiff lives close to the Lee County Landfill ("the landfill"), which is owned by Lee County Landfill SC LLC. Plaintiff brought this class action in South Carolina state court alleging that he has been harmed by odors that have traveled from the landfill to his property. In his Complaint, Plaintiff asserts the following causes of action: nuisance, trespass, negligence/gross negligence and recklessness, and intentional acts. Plaintiff is seeking

compensatory damages, punitive damages, and fees and costs, as well as an injunction and a restraining order. The issues in this case are similar to those in Babb v. Lee County Landfill SC,

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LLC, C/A No.: 3:10-cv-1724-JFA, a case tried before this court in March 2012 in which a motion for judgment as a matter of law and an issue of injunctive relief remain. Defendants removed this case on October 19, 2012. On that same date, Defendants filed their motion to dismiss. On November 5, 2012, Plaintiff filed a motion to remand. After the motions were fully briefed, the court heard argument from both sides. II. Legal Standard A state action must be within the original jurisdiction of the district court to be removed to federal court. See 28 U.S.C.

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