Gilbert v. Deutche Bank Trust Company Americas as trustee for Residential Accredit Loans, Inc. et al

Filing 54

ORDER dismissing 45 Motion to Set Aside. Signed by US District Judge James C. Dever III on 8/4/2011. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

No.4:09-CV-181-D

REX T. GILBERT, JR., and
DANIELA L. GILBERT,

)
)
)
Plaintiffs,
)
)
v.
)
)
DEUTSCHE BANK TRUST COMPANY
)
AMERICAS, as Trustee for
)
RESIDENTIAL ACCREDIT LOANS, INC.,
)
DAVID A. SIMPSON, P.C., Substitute Trustee, )
RESIDENTIAL FUNDING, LLC, and
)
GMAC MORTGAGE, LLC,
)
)
)
Defendants.

ORDER

On December 7, 2010, plaintiffs filed a motion for relief pursuant to Rule 60(b) of the
Federal Rules ofCivil Procedure [D.E. 45]. On June 15,2011, the court entered an order indicating
that should the United States Court ofAppeals for the Fourth Circuit returnjurisdiction to this court,
the court would grant the Rule 60(b) motion, dismiss the federal claims for the reasons stated in its
July 7, 2010 order, and remand all state-law claims to Hyde County Superior Court [D.E. 53]. On
July 5, 2011, plaintiffs filed a motion to remand in the Fourth Circuit. Gilbert v. Residential Funding
LLC, No. 10-2295, [D.E. 35] (4th Cir. July 5,2011). On August 3,2011, the Fourth Circuit denied
the motion to remand. Id., [D.E. 38]. Therefore, the Rule 60(b) motion is DISMISSED for lack of
jurisdiction.
SO ORDERED. This

±

day of August 2011.

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SC.DEVERID
United States District Judge