Bear Lumber Company, Inc. et al v. Headley et al

Filing 20

Ordered that the case of Thomas v. A Plus Mortgate Corporated is remanded to the Circuit Court of Montgomery County, AL. The Clerk os court is to take appropriate steps to effect the remand. ORDERED as follows: (1) the 10 motion to vacate is gran ted; (2) the 7 submission order on the summary judgment motion is vacated; (3) the [2-10] motion for summary judgment which is pending in the remanded Thomas case only, is left for disposition by the state court. Said motion is terminated in this court; (4) because defendant Neal Zeanah was a party in only the Thomas case, said defendant is terminated in this court. Signed by Honorable Myron H. Thompson on 11/12/08. (sl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

BEAR LUMBER COMPANY, INC., et al., Plaintiffs, v. KIMBERLY S. HEADLEY, et al., Defendants.

) ) ) ) ) ) ) ) ) ) ) ORDER

CIVIL ACTION NO. 2:08cv841-MHT (WO)

Based upon the representations made on-the-record on November 10, 2008, and by agreement of the parties, it is ORDERED that the case of Thomas v. A Plus Mortgage Corporation is remanded to the Circuit Court of

Montgomery County, Alabama.

The clerk of the court is to

take approtriate steps to effect the remand. It is further ORDERED as follows: (1) The motion to vacate (Doc. No. 10) is granted. (2) The submission order on the summary-judgment motion (Doc. No. 7) is vacated.

(3) The motion for summary judgment (Doc. No. 2-10), which is pending in the remanded Thomas case only, court. is left for disposition by the state

Said motion is terminated in this court.

(4) Because defendant Neal Zeanah was a party in only the Thomas case, said defendant is

terminated in this court. DONE, this the 12th day of November, 2008.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE