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Reise v. Camping Time RV Centers LLC

United States District Court, M.D. Georgia, Macon Division

July 5, 2017

F. DAVID REISE, Plaintiff,
v.
CAMPING TIME RV CENTERS LLC, et al., Defendants.

          ORDER

          MARC T. TREADWELL, JUDGE.

         Plaintiff F. David Reise moves to remand this case to the Superior Court of Peach County, Georgia. Doc. 6. For the reasons stated herein, the Motion to Remand (Doc. 6) is GRANTED, and the case is REMANDED.

         I. BACKGROUND

         Reise, a Georgia resident, brings multiple claims against Defendants Keystone RV Company (KRV) and Camping Time RV Centers LLC (CT), both of whom are citizens of Delaware and Illinois, and Shawna Savage, a Georgia resident, related to his purchase of, and the Defendants' efforts to repair, a 2015 Fuzion Model 4013 fifth wheel recreational vehicle (the RV). See generally Doc. 1-1. Reise experienced various difficulties with the RV and ultimately decided to reject his acceptance of the vehicle leading to this lawsuit, which he filed in the Superior Court of Peach County, Georgia on June 29, 2016. Doc. 1-1 ¶¶ 2, 9-37. Reise's claims against Savage relate to her role as service manager for CT. Docs. 1-1 ¶¶ 43-47; 6 at 2-4. Specifically, Reise's claims against Savage appear to include negligent misrepresentation, fraud, and breach of warranty. See Docs. 1-1 ¶¶ 43-47; 6 at 23. On March 22, 2017, the Defendants deposed Reise. Doc. 4-1. During that deposition, there was an interesting exchange in which the Defendants asked why Savage was joined as a defendant, and, despite his counsel's best efforts to prevent him from doing so, Reise responded in a surprising way:

[Q:] [W]hy did you sue Shawna Savage?
[Reise]: Well, I understood that's a legal-I mean, I don't want Shawna to take it personal. I understood in order-can I answer?
[Reise's Attorney]: No.
[Q:] You don't need to answer what his intention is. I'm talking about yours.
[Reise]: No. I didn't-I understood I had to name somebody in the state and she was third on the totem pole. The other two [potential defendants] had gone to Florida.
[Reise's Attorney]: Don't get into items-legal advice.
[Reise]: Okay.
[Reise's Attorney]: I was the one that drew the suit.
[Reise]: All right. . . . I did it on advice of my ...

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