United States District Court, D. South Carolina, Florence Division
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND
ADJUDICATING THE PARTIES' MOTIONS AS PROVIDED
GEIGER LEWIS UNITED STATES DISTRICT JUDGE
Randy Williams (Williams) is a self represented litigant. He
brought this diversity action against Defendants American
International Group, Inc., (AIG) and American Home Assurance
Company (AHA) (collectively, Defendants) complaining of
breach of contract, defamation, and bad-faith failure to pay
workers' compensation claims.
matter is before the Court for review of the Report and
Recommendation of the United States Magistrate Judge
suggesting: (1) AIG's motion to dismiss for lack of
personal jurisdiction, Williams's motion for summary
judgment, and his motion to sue insurance adjuster be denied,
(2) Defendants' motion to dismiss for lack of subject
matter jurisdiction and/or summary judgment be (a) granted
without prejudice as to Williams's bad faith claims based
on lack of jurisdiction, and (b) granted with prejudice as to
his defamation claim, (3) this case be dismissed, and (4)
Williams's motion for declaratory judgment be deemed
moot. The Magistrate Judge prepared the Report in accordance
with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the
District of South Carolina.
Magistrate Judge makes only a recommendation to this Court.
The recommendation has no presumptive weight. The
responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976).
The Court is charged with making a de novo determination of
those portions of the Report to which specific objection is
made, and the Court may accept, reject, or modify, in whole
or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. §
Magistrate Judge filed the Report on August 6, 2019. In the
Report, regarding Williams's breach of contract claim,
the Magistrate Judge suggests Williams “is not a party
to the contract referenced in the complaint. Instead,
[Williams's] arguments about Defendants' breaches
concern Defendants' failure to fulfill the terms of
Plaintiff's workers compensation judgment.” Report
Williams's defamation claim, the Magistrate Judge
recommends it is time barred. And, concerning his bad-faith
failure to pay workers' compensation claims, she notes
that, “in Cook v. Mack's Transfer &
Storage, 352 S.E.2d 296 (S.C. Ct. App. 1986), the South
Carolina Court of Appeals held that a worker's suit for
bad faith refusal to pay benefits is exclusively within the
jurisdiction of the Commission.” Report 6.
has filed a host of papers since the Magistrate Judge filed
the Report, including the following:
August 6, 2019 motion to stay
August 9, 2019 reply to Defendants' answers to his
August 9, 2019 response in opposition to Defendants'
motion to stay and supplemental response in opposition to
Defendants' motions to dismiss
August 13, 2019 response in opposition to Defendants'
motion to stay
August 13, 2019 supplemental response in opposition to
Defendants' motions to dismiss
August 13, 2019 supplemental response to AIG's motion
regarding request ...