Phillips et al v. USDA Forest Service et al

Filing 35

ORDER OF REMAND of this Civil action to the Superior Court of McDowell County, NC for trial on counterclaims of Defendants Dugas and Cain against the Plaintiffs and on the third party claims of Third Party Plaintiff Dugas against the Third Party Defendant Bryant & Young Lumber Company, Inc. re 34 Stipulation of Consent for this Action to be Remanded to State Court. Signed by District Judge Martin Reidinger on 06/11/2012. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv152

FRANK W. PHILLIPS, JR. and wife VIVIEN
PHILLIPS; MITCHELL LUMBER COMPANY,
INC.; MARTHA PHILLIPS, widow; TONI RUTH
SMITH and husband, WESLEY CHAD SMITH;
and RUFFIN PHILLIPS AYERS and husband,
ROGER ELLIS AYERS, JR.,

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Plaintiffs,
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vs.
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TERRI HOPE DUGAS; IRENE W. CAIN; JUDY
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EDMONDS RIGGINS and husband RUSSELL
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LEWIS RIGGINS; MICHAEL J. BIRCH and wife, )
FRANCES J. BIRCH; VAN S. BOYD and wife,
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PATRICIA ANN BOYD; JOSEPH K. HALL and
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wife, GLORIA B. HALL; ANTHONY M. MILICI
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and wife, SELENA MILICI; and the U.S.
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DEPARTMENT OF AGRICULTURE FOREST
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SERVICE,
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Defendants.
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TERRI HOPE DUGAS,
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Third-Party Plaintiff,
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vs.
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BRYANT & YOUNG LUMBER COMPANY, INC.,
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Third-Party Defendant.
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_________________________________________ )

ORDER OF
REMAND

THIS MATTER is before the Court on the parties' Stipulation of
Dismissal of All Plaintiffs' Claims Against All Defendants and Stipulation of
Consent for this Action to be Remanded to State Court [Doc. 34].
The parties who have appeared in this action have stipulated pursuant
to Rule 41(a)(1) of the Federal Rules of Civil Procedure to the dismissal with
prejudice of all of the Plaintiffs' claims against all of the Defendants in this
matter. [Doc. 34]. These parties further have stipulated that the remaining
counterclaims of Defendants Dugas and Cain and the third party claims of
Third Party Plaintiff Dugas should be remanded to the Superior Court of
McDowell County, North Carolina, for trial. [Id.].
Based on the parties' stipulations and their stated consent to the remand
of this action, the Court hereby enters the following Order.
IT IS, THEREFORE, ORDERED that this civil action is hereby
REMANDED to the Superior Court of McDowell County, North Carolina, for
trial on the counterclaims of Defendants Dugas and Cain against the Plaintiffs
and on the third party claims of Third Party Plaintiff Dugas against the Third
Party Defendant Bryant & Young Lumber Company, Inc.

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IT IS SO ORDERED.
Signed: June 11, 2012

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