First Security Bank et al v. Santander Consumer USA, Inc. et al

Filing 9

ORDER granting 4 Motion to Remand to State Court. Signed by W. Allen Pepper on 7/19/2010. (pls, USDC)

First Security Bank et al v. Santander Consumer USA, Inc. et al

Doc. 9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION FIRST SECURITY BANK and MICHAEL D. WATSON VS.

PLAINTIFFS CIVIL ACTION NO. 2:10-CV-00045-WAP-DAS

SANTANDER CONSUMER USA, INC., A/K/A DRIVE FINANCIAL, and RICKEY LOVE AGREED ORDER REMANDING ACTION TO STATE COURT

DEFENDANTS

THE ABOVE ENTITLED ACTION came on regularly to be heard before the Court this day on the plaintiffs' Motion to Remand to State Court, with Supporting Memorandum Brief (dkt 4, 5), and the ore tenus motion of the plaintiffs, First Security Bank and Michael D. Watson, and the defendant, Santander Consumer USA, Inc., successor in interest to Drive Financial, LLC, and the Court being fully advised in the premises and good reason appearing therefore finds and rules as follows: THAT the defendant, Rickey Love, has not entered an appearance nor filed any pleadings in the above styled matter; THAT the plaintiffs, First Security Bank and Michael D. Watson, and the defendant, Santander Consumer USA, Inc., successor in interest to Drive Financial, LLC, have reached an agreement to compromise this action between them and desire that this action be remanded to State Court for an entry of an Agreed Final Declaratory Judgment setting forth their agreement;

Dockets.Justia.com

THEREFORE, IT IS ORDERED AND ADJUDGED that this action be and the same is hereby REMANDED to the Circuit Court of Tunica County, Mississippi, cause number 2010-0069, and the Clerk of this Court shall take the appropriate steps, including mailing a certified copy of this Order to the Circuit Court Clerk of Tunica County, Mississippi, P.O. Box 184, Tunica, MS 38676. Further, each party shall bear their respective costs, fees and expenses. SO ORDERED AND ADJUDGED this the 19th day of July, 2010. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE APPROVED AND SUBMITTED BY: /s/ A. Thomas Tucker III A. THOMAS TUCKER III MS Bar No. 100983 TUCKER, SELDEN & TUCKER, PLLC 1245 Main Street P.O. Box 68 Tunica, MS 38676 ATTORNEYS FOR PLAINTIFFS /s/ P. Ryan Beckett P. RYAN BECKETT MS Bar No. 99524 BUTLER, SNOW, O'MARA, STEVENS & CANNADA, PLLC 1020 Highland Colony Parkway, Suite 1400 (39157) P.O. Box 6010 Ridgeland, MS 39158-6010 ATTORNEYS FOR DEFENDANT, SANTANDER CONSUMER USA, INC.