Bryant et al v. U.S. BANCORP et al

Filing 31

ORDER granting 26 Motion to Remand. Counsel is reminded to read the order in its entirety for further instructions. Signed by Senior Judge James C. Fox on 1/26/2012. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 5: ll-CV-676-F(I)
JERRY BRYANT and
CATHLEEN C. BRYANT,
Plaintiffs,

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v.

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ORDER

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U.S. BANCORP; REAL TIME
RESOLUTIONS, INC.; FPFI CREDITOR
TRUST; WILMINGTON TRUST CO.;
NATIONAL EQUITY CORP.; and FIRST
AMERICAN FINANCIAL CORP.,
Defendants.

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The plaintiffs uncontested Motion to Remand [DE-26] is ALLOWED. Because the
plaintiffs have filed a voluntary dismissal [DE-30] as against the defendant that removed the
case, FPFI Creditor Trust, plaintiffs' incorporated motion for attorney's fees, costs and expenses
is DENIED. The court deems it unnecessary to determine whether defendant National Equity
Corp. is or is not a "nominal party."
This matter hereby is REMANDED to the Superior Court of Wake County, North
Carolina.
SO ORDERED.
This, the 26th day of January, 2012.

d~ESC.FOX

Senior United States District Judge