Justice Family Farms, LLC v. Smith Concrete Construction, Inc.
ORDER granting 11 Motion to Remand - Signed by District Judge Louise Wood Flanagan on 5/24/2013. (Baker, C.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Case No.: 2:13-cv-026
JUSTICE FAMILY FARMS, LLC, )
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
Plaintiff Justice Family Farms, LLC initiated this action on April 3, 2013 in Pasquotank
County, North Carolina.
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
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).
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
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
Counsel for Defendant
SO ORDERED this 24th day of May.
Louise W. Flanagan
U.S. District Court Judge
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