Hayes v. The Allstate Corporation

Filing 18

ORDER GRANTING 14 Joint Motion to Remand. This matter is hereby remanded to the Superior Court of Johnston County. Signed by US District Judge Terrence W. Boyle on 9/10/2014. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION v. § § § § § § § § § ALLSTATE BENEFITS a/kfa AMERICAN HERITAGE LIFE INSURANCE COMPANY, and THE ALLSTATE CORPORATION d/b/a ALLSTATE INSURANCE COMPANY, § § § § § § BRIAN SCOTT HAYES, JEFFERY TODD HAYES and RONALD MARK HAYES, Co-Administrators of the Estate ofthe Late SANDRA KAY CHILDERS HAYES, and the Estate of SANDRA KAY CHILDERS HAYES, Plaintiffs, Civil Action No. 5:14-cv-00404-BO § § Defendants. AGREED ORDER OF REMAND The Court, having considered the Agreed Motion to Remand and that Plaintiffs have judicially admitted and stipulated that all recoverable damages in this action, plus all recoverable costs and attorney's fees, shall in no event exceed $74,000.00, the Court hereby remands this case to the General Court of Justice, Superior Court Division, of Johnston County, North Carolina. It is therefore ORDERED that the above-referenced action is remanded to the General Court of Justice, Superior Court Division, of Johnston County, North Carolina. It is further ORDERED that costs and attorneys' fees are taxed against the party incurring them. AGREED ORDER OF REMAND PAGE 1 SO ORDERED. SIGNED this _1P_ day of ~014. AGREED: By: /s/ Christopher N. Heiskell Christopher N. Heiskell NC State Bar No. 19985 chris@brentadams.com BRENT ADAMS & ASSOCIATES P.O. Box 1389 Dunn, NC 28335 Telephone: (91 0) 892-8177 Facsimile: (910) 892-0652 ATTORNEYS FOR PLAINTIFFS AGREED ORDER OF REMAND PAGE2 • By: /s/ Ryan K. McComber Andrew G. Jubinsky (admitted pro hac vice) Texas Bar No. 11043000 andy.jubinsky@figdav .com Ryan K. McComber (admitted pro hac vice). Texas Bar No. 24041428 ryan.mccomber@figdav.com Figari & Davenport, L.L.P. 901 Main Street Suite 3400 Dallas, Texas 75202 Telephone: (214) 939-2000 Facsimile: (214) 939-2090 Mark A. Michael NC State Bar No. 6762 mark.michael@bellsouth.net Hedrick Gardner Kincheloe & Garofalo, LLP 6000 Fairview Rd., Suite 1000 Charlotte, North Carolina 28210 Telephone: (704) 366-1101 Facsimile: (704) 366-6181 ATTORNEY FOR DEFENDANTS AGREED ORDER OF REMAND PAGE3

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