Spruill v. Westfield Insurance Company et al

Filing 12

ORDER GRANTING 10 Plaintiff's Motion to Remand: This matter is remanded back to Superior Court in Currituck County. Signed by US District Judge Terrence W. Boyle on 1/9/2015. Copy of order mailed, via US Mail, to the Clerk of Superior Court, Currituck County, P.O. Box 175, Currituck, NC, 27929. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
CASE NO.: 2:14-CV-68-BO
GARY WARREN SPRUILL
Plaintiff,
vs.

ORDER GRJ\NTING
MOTION TO REMAND

WESTFIELD INSURANCE COMPANY,
ALLSTATE PROPERTY AND
CASUALTY INSURANCE COMPANY,
DISCOVERY INSURANCE COMPANY,
and GABRIELA ALFARO,
Defendants.

THIS CAUSE is before the Court on Motion to Remand by
Plaintiff.

The removing defendant, Westfield Insurance Company,

filed no response to the motion, the time for filing having
expired.

Upon the uncontroverted record, it appears to the Court

that this case was improperly removed from this Court in that
complete diversity between all defendants required by 28 USCA

§

1441 is lacking; and that the Motion to Remand should be granted.
THEREFORE, it is ORDERED that Motion to Remand by Plaintiff
is hereby allowed; that this action is hereby remanded to the
Currituck County Superior Court; and that a certified copy of
this Order be mailed by the Clerk to the Clerk of Superior Court
of CUrrituck County with reference to its file no. 14-CVS-396.

(Order continued on following page)
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,.

SO ORDERED.

This the ~ day of January, 2015.

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