Cain v. Wal-Mart Stores, Inc. et al

Filing 42

ORDER granting 40 Motion to Remand. This case is remanded to the Superior Court of Cumberland County, North Carolina. Signed by District Judge James C. Dever III on 4/10/2019. (Sellers, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO. 5:16-CV-221 JOHN ARCHIE CAIN, Plaintiff, v. ) ) ) ) ) ) WAL-MART STORES, INC.; WAL-MART) STORES EAST, LP; and WAL-MART, ) AS SOCIATES, INC., ) Defendants ) ORDER ON JOINT MOTION TO REMAND THIS MATTER is before the Court on the parties' Joint Motion for Remand (DE 39). The issue has been briefed and it is ripe for disposition. On 17 March, 2016, this action was removed to this Court from the Superior Court of Cumberland County, North Carolina, invoking the Court's diversity jurisdiction. The parties have now filed a Joint Motion for Remand and requested Remand back to the Superior Court of Cumberland County, North Carolina. CONCLUSION WHEREFORE, the this Court GRANTS the parties' Joint Motion for Remand with direction to the Clerk to mail a certified copy of this Order of Remand to the Clerk of Court of Cumberland County, North Carolina. The State Court may thereupon proceed with this case. SO ORDERED, this the IO day of~A---=-f-p~t~d~---ยท' 2019. James C. Dever, III Federal District Court Judge Presiding 1

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