Justice Family Farms, LLC v. Smith Concrete Construction, Inc.

Filing 12

ORDER granting 11 Motion to Remand - Signed by District Judge Louise Wood Flanagan on 5/24/2013. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION Case No.: 2:13-cv-026 JUSTICE FAMILY FARMS, LLC, ) Plaintiff ) ) vs. ) ) SMITH’S CONCRETE ) CONSTRUCTION, INC., ) Defendant ) ______________________________) ORDER ON MOTION TO REMAND This matter came before the court upon the request of Plaintiff Justice Family Farms, LLC (“Plaintiff”), by and through counsel, to remand this case to the Superior Court of Pasquotank County, North Carolina, and the Court has made the following findings in support thereof: 1. Plaintiff Justice Family Farms, LLC initiated this action on April 3, 2013 in Pasquotank County, North Carolina. 2. On April 30, 2013, Defendant Smith’s Concrete Construction, Inc., by and through counsel, filed a Notice of Removal removing this case to this Court on the basis of diversity jurisdiction. 3. The time limitation for objecting to a Notice of Removal has not yet expired. Counsel for Plaintiff and counsel for Defendant have consulted, and both have consented that this matter should be remanded to the Superior Court of Pasquotank County pursuant to 28 U.S.C. § 1441(b)(2). 4. The Defendant contests the venue of this matter in Pasquotank County, but Defendant and Plaintiff agree that such matters should be resolved at the state court level. It appearing to the Court that Plaintiff has shown good cause for this remand, IT IS HEREBY ORDERED AND DECREED that this case is REMANDED to the Superior Court of Pasquotank County, North Carolina. SO STIPULATED AND AGREED By: __s/ Paula M. Shearon W. Dudley Whitley, III, N.C. Bar No. 13755 Paula M. Shearon, N.C. Bar No. 41583 BATTLE, WINSLOW, SCOTT & WILEY P.A. P. O. Box 7100 Rocky Mount, NC 27804-0100 Telephone: 252-937-2200 Facsimile: 252-937-8100 dwhitley@bwsw.com pshearon@bwsw.com Counsel for Plaintiff By:___s/ Tracy L. Eggleston Tracy L. Eggleston, NC State Bar 18471 301 S. College Street, Suite 2100 Charlotte, NC 28202 Telephone: (704) 376-3400 Facsimile: (704) 334-3351 teggleston@cozen.com Counsel for Defendant SO ORDERED this 24th day of May. Signed:______________________________ Louise W. Flanagan U.S. District Court Judge

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