DeWolf v. Bekins Van Lines, LLC

Filing 6

ORDER granting 5 Motion to Remand to State Court. Signed by Magistrate Judge Dennis Howell on 03/25/2010. (thh)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :1 0 cv 4 0 W A L T E R DeWOLF, P l a i n t if f , V s. B E K IN S VAN LINES, LLC, D e fe n d a n t . _______________________________ ) ) ) ) ) ) ) ) ) )

ORDER

T H IS MATTER is before the court on defendant's Consent Motion to Remand C ase to State Court. Having considered defendant's motion and reviewed the

p le ad in g s , and it appearing that this court would lack subject-matter jurisdiction over th is action inasmuch as the action does not involve an amount in controversy that e x c ee d s $10,000.00, a requirement under the Carmack Amendment, the court enters th e following Order.

ORDER IT IS, THEREFORE, ORDERED that defendant's Consent Motion to R e m an d Case to State Court (#5) is GRANTED, and this matter is respectfully R E M A N D E D to the North Carolina General Court of Justice, District Court Division, fo r Haywood County. The parties shall bear their own costs of the proceedings in this c o u r t.

Signed: March 25, 2010