CLAYTON et al v. BRANCH BANKING AND TRUST et al

Filing 45

ORDER signed by JUDGE JAMES A. BEATY, JR on 1/17/2013 adopting the Magistrate Judge's Recommendation [Doc. # 37 ]; that the Motion to Remand [Doc. # 10 ] filed by BB&T and David A. Simpson, P.C., is GRANTED and this action is REMANDED< /b> to the Alamance County, North Carolina, Superior Court. FURTHER that the Motion to Dismiss [Doc. # 13 ] filed by BB&T and David A. Simpson, P.C., is DENIED as MOOT. ORDERED that the Motion for Default Judgment [Doc. # 12 ] and Motion for Summary Judgment [Doc. # 21 ] filed by Gail Clayton and Thomas Clayton are DENIED without prejudice in light of the remand. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
IN RE: THE FORECLOSURE BY DAVID
A. SIMPSON, P.C., SUBSTITUTE TRUSTEE,
OF A DEED OF TRUST EXECUTED BY
THOMAS CLAYTON AND GAIL
CLAYTON, DATED APRIL 22, 2003 AND
RECORDED ON MAY 15, 2003, IN BOOK
NO. 1870, AT PAGE 513 OF THE
ALAMANCE COUNTY PUBLIC REGISTRY

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BRANCH BANKING AND TRUST,
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DAVID A. SIMPSON, P.C., and JOHN DOES )
1-10,
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Petitioners,
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v.
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GAIL CLAYTON and THOMAS CLAYTON, )
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Respondents.
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1:11CV783

ORDER
BEATY, District Judge.
This matter is before the Court on a Recommendation of the United States Magistrate
Judge recommending the Motion to Remand [Doc. #10] filed by Branch Banking and Trust Co.
(“BB&T”) and David A. Simpson, P.C., be granted, and that this action be remanded to the
Alamance County, North Carolina, Superior Court. The Recommendation was filed on
September 12, 2012, and notice was served on the parties pursuant to 28 U.S.C. § 636(b). On
September 27, 2012 and September 28, 2012, Gail Clayton and Thomas Clayton filed timely
Objections and Amended Objections to the Recommendation [Docs. #39 & #40]. The Court
has now reviewed de novo the Objections and the portions of the Recommendation to which
objection was made, and finds that the Objections do not change the substance of the United

States Magistrate Judge’s ruling. The Magistrate Judge’s Recommendation [Doc. #37] is
therefore affirmed and adopted.
IT IS THEREFORE ORDERED that the Motion to Remand [Doc. #10] filed by
BB&T and David A. Simpson, P.C., is GRANTED and this action is REMANDED to the
Alamance County, North Carolina, Superior Court.
IT IS FURTHER ORDERED that the Motion to Dismiss [Doc. #13] filed by BB&T
and David A. Simpson, P.C., is DENIED as MOOT.
IT IS FINALLY ORDERED that the Motion for Default Judgment [Doc. #12] and
Motion for Summary Judgment [Doc. #21] filed by Gail Clayton and Thomas Clayton are
DENIED without prejudice in light of the remand.
This, the 17th day of January, 2013.

United States District Judge

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