Wells Fargo Bank, N.A. v. Worsham et al

Filing 10

ORDER granting 4 Motion to Remand to State Court. Signed by District Judge Sharion Aycock on 4/14/2014. (bkl)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION WELLS FARGO BANK, N.A. V. PLAINTIFF CIVIL ACTION NO. 1:13-CV-00247-SA-DAS JERRY WAYNE WORSHAM, JR., AMY WORSHAM, SOONER TRUSTEE SERVICE, 1513 STATE PARK ROAD TRUST, ANY AND ALL PERSONS WITH AN INTEREST IN THE REAL PROPERTY BEARING THE MUNICIPAL ADDRESS OF 1513 STATE PARK ROAD, MOOREVILLE, MISSISSIPPI DEFENDANTS ORDER REMANDING CASE Pursuant to a Memorandum Opinion issued this day, Plaintiff’s Motion to Remand [4] is GRANTED. The Court finds removal of this matter is not available on the basis of diversity jurisdiction. Further, Defendants Jerry and Amy Worsham had no objectively reasonable basis for removing this matter, and therefore, Plaintiff is entitled to just costs and actual expenses, including attorney fees, incurred as a result of removal. This matter is hereby REMANDED to the Chancery Court of Lee County, Mississippi. Additionally, Plaintiff’s request for costs and expenses is GRANTED. Plaintiff shall file the appropriate documentation with this Court no later than April 21, 2014, containing an itemized accounting of its just costs and actual expenses, including attorney fees, incurred as a result of the removal of this action. Because the Worshams are proceeding pro se, they shall have until May 5, 2014 to file any objections as to specific itemized costs or amounts requested. If Plaintiff fails to file its documentation within the time allotted, its request for just costs and actual expenses, including attorney fees, will be deemed waived. SO ORDERED on this, the 14th day of April, 2014. _/s/ Sharion Aycock_________________ UNITED STATES DISTRICT JUDGE

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