PRESS et al v. AGC AVIATION, LLC et al

Filing 29

ORDER OF REMAND signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 9/1/2015 adopting the Magistrate Judge's Recommendation 27 ; that Plaintiff's motion to remand (Doc. 5 ) is GRANTED IN PART to the extent this case is REMANDED t o the General Court of Justice, Superior Court Division, Guilford County, North Carolina, for further proceedings pursuant to 18 U.S.C. § 1447(c), and DENIED IN PART as to Plaintiffs' requests for attorney's fees and costs. F URTHER that Plaintiffs' motion to dismiss (Doc. 7 ) is DENIED WITHOUT PREJUDICE as moot for lack of subject matter jurisdiction. FURTHER that the Clerk of Court is directed to send a certified copy of this Order to the Guilford County Superior Court Clerk. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CLIFFORD PRESS, as authorized
representative of the
fractional owners of that
certain aircraft bearing
tail number N132SL, et al.,
Plaintiffs,
v.
AGC AVIATION, LLC, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

1:15CV41

ORDER OF REMAND
On August 13, 2015, the United States Magistrate Judge’s
Memorandum Opinion and Recommendation was filed and notice was
served on the parties pursuant to 28 U.S.C. § 636.
and 28.)

(Docs. 27

No objections were filed within the time limits

prescribed by Section 636.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that Plaintiff’s motion to remand
(Doc. 5) is GRANTED IN PART to the extent this case is REMANDED
to the General Court of Justice, Superior Court Division,
Guilford County, North Carolina, for further proceedings

pursuant to 18 U.S.C. § 1447(c), and DENIED IN PART as to
Plaintiffs’ requests for attorney’s fees and costs.
IT IS FURTHER ORDERED that Plaintiffs’ motion to dismiss
(Doc. 7) is DENIED WITHOUT PREJUDICE as moot for lack of subject
matter jurisdiction.
IT IS FURTHER ORDERED that the Clerk of Court is directed
to send a certified copy of this Order to the Guilford County
Superior Court Clerk.
This the 1st day of September, 2015.

_______________________________________
United States District Judge

- 2 -