Town of Belhaven et al v. Pantego Creek, LLC et al

Filing 24

ORDER granting 13 Motion Declaratory Relief or, In the Alternative, Motion to Dissolve Temporary Restraining Order. Counsel is reminded to read the order in its entirety. Signed by Chief Judge James C. Dever III on 10/15/2014. (Edwards, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:14-CV-151-D TOWN OF BELLHAVEN, N.C., THE NORTH CAROLINA NAACP STATE CONFERENCE OF BRANCHES, THE HYDE COUNTY NAACP BRANCH, and THE BEAUFORT COUNTY NAACP BRANCH, Plaintiffs, v. PANTEGO CREEK, LLC, and VIDANT HEALTH, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER On August 19, 2014, defendants Pantego Creek, LLC, and Vidant Health, Inc., filed a notice of removal pursuant to 28 U.S.C. §§ 1441(a) and 1446 [D.E. 1]. When defendants removed the action, a state court temporary restraining order was in effect. On September 2, 2014, defendant Vidant Health, Inc., ("Vidant Health") filed a motion for declaratory relief or, in the alternative, a motion to dissolve the state court temporary restraining order [D.E. 13] and a supporting memorandum [D.E. 14]. Plaintiffs did not respond to the motion. The temporary restraining order that the North Carolina Court of Justice, Superior Court Division issued on August 14,2014, expired on August 25,2014. See [D.E. 13-1]. The temporary restraining order no longer has any effect on the defendants. See,~' Granny Goose Foods, Inc. v. Bhd. of Teamsters, 415 U.S. 423, 439-40 (1974). Moreover, any order that the North Carolina Court of Justice, Superior Court Division issued after removal, including any order entered on August 25, 2014, is void. See,~' Ackerman v. ExxonMobil Corp., 734 F.3d 237, 249 (4th Cir. 2013); Yarnevic v. Brink's Inc., 102 F.3d 753, 754 (4th Cir. 1996); 28 U.S.C. § 1446(d). In sum, the court GRANTS Vidant Health's motion for declaratory relief and to dissolve the state court temporary restraining order [D .E. 13]. SO ORDERED. This J..S... day of October 2014. Chief United States District Judge 2

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