Farrington v. General Motors LLC et al

Filing 35

ORDER granting 13 Motion to Remand. This case is REMANDED to Harnett County Superior Court. Signed by Senior Judge W. Earl Britt on 11/28/2016. Copy of order to Harnett County Clerk of Superior Court via US Mail at 301 W. Cornelius Harnett Blvd., Suite 100, Lillington, NC 27546. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-738-BR
SANDRA FARRINGTON, individually
and as Administrator for the Estate of
JOVAN JEROME GAYLE,
Plaintiff,
v.
GENERAL MOTORS LLC, et al.,
Defendants.

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ORDER

This matter is before the court on plaintiff’s motion to remand. (DE # 13.)
On 6 July 2016, plaintiff initiated this action in Harnett County, North Carolina Superior
Court. She alleges state law claims against defendants General Motors LLC (“GM”),
Honeycutt’s Auto Sales, Inc. (“Honeycutt’s”), and Does 1 through 100. GM is a Delaware
limited liability company, (Compl., DE # 1-1, ¶ 2; Answer, DE # 9, ¶ 2), and Honeycutt’s is a
North Carolina corporation, (Compl., DE # 1-1, ¶ 7; Answer, DE # 22, ¶ 7). Plaintiff alleges that
the Doe defendants are individuals and/or entities qualified and/or authorized to do business in
North Carolina. (Compl., DE # 1-1, ¶8.) Plaintiff has not amended the complaint to name any
Doe defendant.
On 11 August 2016, GM removed the action to this court on the basis of diversity
jurisdiction under 28 U.S.C. § 1332(a). (Notice, DE # 1, ¶ 3.) Recognizing that Honeycutt’s is
not a citizen of North Carolina, GM nonetheless maintained that removal was proper because
plaintiff had fraudulently joined Honeycutt’s as a defendant. (Id. ¶¶ 5, 8.) Plaintiff opposed
removal and filed the instant motion to remand. GM opposed the motion. Honeycutt’s did not

file any response to the motion.
On 23 November 2016, the parties stipulated to the dismissal with prejudice of plaintiff’s
claims against GM. Without GM as a party, no basis for jurisdiction exists. Accordingly,
plaintiff’s motion to remand is GRANTED. This case is REMANDED to Harnett County
Superior Court. The Clerk is DIRECTED to serve a copy of this order on the Clerk for that
court.
This 28 November 2016.

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W. Earl Britt
Senior U.S. District Judge

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