Marina Properties, LLC v. Trinity Referral Company, LLC et al

Filing 20

ORDER GRANTING: 9 Motion to Remand. The above captioned matter is remanded to New Hanover County Superior Court. The Clerk shall mail a certified copy of this Order to the New Hanover County Clerk of Superior Court. The clerk shall close the case. Signed by Chief Judge James C. Dever III on 3/3/15. (O'Brien, C.)

UNITED STATES DISTRICT COURT
for the
EASTERN DISTRICT OF NORTH CAROLINA
Marina Properties LLC
Plaintiff

v.

)
)

)

Trinity Referral Company, LLC, Beyond
Beautiful, LLC, and GraceS. Wong
Defendant.

)
)
)
)

Civil Action No. 7:14-cv-299-D

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND

THIS matter came on before the Court on Plaintiffs Motion to Remand, and
having noted that Defendants' consent to such Remand, finds:
1.

Defendants are each New Jersey residents who were served with the above

captioned matter by certified mail in early December, 2014.
2.

On December 29, 2014, Defendant Grace Wong filed a Notice of Removal, as an

individual, prose party.
3.

Defendant Grace Wong mistakenly believed that her Notice of Removal

effectively asserted that all Defendants consented to the removal. Defendant Grace
Wong's belief was based on her layperson's understanding of the law and Plaintiffs own
allegations that Defendant Grace Wong controlled co-defendants, Trinity Referral
Company, LLC and Beyond Beautiful, LLC.
4.

Additionally, New Jersey counsel to Trinity Referral Company, LLC and Beyond

Beautiful, LLC sent written requests to the Court to extend time to plead and to retain
local counsel.
5.

On January 28, 2015, Plaintiff filed a Motion to Remand and supporting brief,

arguing that Defendants Trinity Referral Company, LLC and Beyond Beautiful, LLC had

failed to separately, individually and specifically file a Notice of Removal, and as a
result, Defendant Grace Wong's attempt to remove the instant action to Federal Court
was defective.
7.

Shortly after Plaintiffs Motion to Remand, Defendants retained local counsel for

purposes of litigating the instant action.
8.

Defendants' local counsel, after reviewing Plaintiffs Motion to Remand, agrees

that Defendant Grace Wong's attempt to remove the instant action to Federal Court was
defective.
9.

To avoid wasting this Court's time and precious resources, Defendants agreed

that the ends of justice will be promoted by consenting to Plaintiffs Motion to Remand.
IT IS, THEREFORE, ORDERED:
1.

The above captioned matter is remanded to New Hanover County Superior Court;

2.

The Clerk shall mail a certified copy of this Order to the New Hanover County

Clerk of Superior Court; and
3.

This Clerk is directed to close this case.

This the .3_ day of N. a..t c. h , 2015.

Ja s C. Dever_ III
Chi fUnited States District Court Judge