Gardner v. Davies et al

Filing 14

ORDER granting 9 Motion to Remand. IT IS THEREFORE ORDERED that this civil action be remanded to the North Carolina General Court of Justice, Superior Court Division, New Hanover County, for all further proceedings. Signed by Senior Judge James C. Fox on 7/15/2016. (Edwards, S.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO.: 7:16-CV-00116-F
DONNA GARDNER, Individually and as
Administratrix of the Estate of COREY R.
REESE,
Plaintiffs,
v.
JACKSON DAVIES and WILLIAM
DAVIES,
Defendants.

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ORDER REMANDING CASE

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This matter having come on to be heard before the undersigned Judge on Plaintiffs Motion
to Remand this case to the North Carolina General Court of Justice; and it appearing to the Court
that the Defendants have filed Notice of Removal pursuant to 28 U.S.C. §§ 1332(a) and 1441. It
further appearing that removal is not proper, as, pursuant to 28 U.S.C. §§1441(b)(2), removal is
not allowed on the basis of 28 U.S.C. § 1332(a) "if any of the parties in interest properly joined
and served as defendants is a citizen of the State in which such action was brought."
The Court finds that Defendants are both citizens and residents of the state of North
Carolina, which is the State in which this action was brought. The Court further finds that
Plaintiffs Motion to Remand was timely filed, pursuant to 28 U.S.C. §1447 and that Plaintiffs
Motion should be allowed.
IT IS THEREFORE ORDERED that this civil action be remanded to the North Carolina
General Court of Justice, Superior Court Division, New Hanover County, for all further
proceedings.

This the

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of July, 2016.

Senior United States District Judge

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