Adams v. Adams et al

Filing 11

ORDER OF REMAND granting 9 Motion to Remand this action to General Court of Justice Superior Court Division, Cherokee County; denying as moot 2 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Martin Reidinger on 2/4/13. (ejb)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION CIVIL CASE NO. 2:12cv89 ROSS W. ADAMS, ) ) Petitioner, ) ) vs. ) ) NANCY ELIZABETH ADAMS, ) Individually and as Successor Co-Trustee, ) MATTIE CAROL ADAMS, ) Individually and as Successor Co-Trustee, ) JUDY MAE ADAMS CLARK, ) Individually and as Successor Co-Trustee, ) KEVIN J. CLARK, and ) NANCY ATKINSON ADAMS, Trustee, ) ) Respondents. ) __________________________ _) ORDER OF REMAND THIS MATTER is before the Court on the Petitioner’s Motion to Remand [Doc. 9]. On November 26, 2012, the United States Department of Agriculture Forest Service filed a Notice of Removal of a Special Proceeding which had been initiated in the Superior Court for Cherokee County. [Doc. 1]. That proceeding was brought to establish a statutory cartway over lands owned by the individual Respondents. [Doc. 1-1]. When the United States was added to that proceeding as an additional Respondent, the Government removed the action based on 28 U.S.C. §1346(f) & §1441 because the special proceeding involved a claim to quiet title to real property owned by the United States. On January 10, 2013, the United States and the Petitioner filed a Notice of Stipulation of Dismissal of the United States Department of Agriculture Forest Service without Prejudice. [Doc. 10]. On that same day, the Petitioner moved to remand the matter to state court, there being no claims left over which this Court has original jurisdiction. [Doc. 9]. No opposition has been filed to the motion by any Respondent and it will therefore be granted. ORDER IT IS, THEREFORE, ORDERED that the Petitioner’s Motion to Remand [Doc. 9] is hereby GRANTED and this action is hereby REMANDED to the General Court of Justice Superior Court Division, Cherokee County. IT IS FURTHER ORDERED that the Motion to Dismiss of the United States [Doc. 2] is hereby DENIED as moot. The Clerk of Court is instructed to mail a copy of this Order to the Clerk of Court for Cherokee County. 2 Signed: February 4, 2013 3