Elliott Electric Supply, Inc. v. LRE Royal Electric, LLC et al

Filing 21

ORDER re: Reassigning to Bryson City Division. Signed by Magistrate Judge Dennis Howell on 11/15/12. (nll)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12-cv-233
ELLIOTT ELECTRIC SUPPLY, INC., a
Texas corporation,
Plaintiff,
vs.
LRE ROYAL ELECTRIC, LLC, an
Oklahoma limited liability company
[also known as LRE/Royal Electric, LLC],
TURNER CONSTRUCTION COMPANY,
a New York corporation, and
EMPLOYERS MUTUAL CASUALTY
COMPANY, an Iowa corporation,
Defendants.
_______________________________

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ORDER

THIS MATTER is before the undersigned based upon a review by the Court of the
pleadings in this matter. It appears to the Court from an examination of the pleadings that this
matter was removed by Defendants from Haywood County, North Carolina Superior Court.
In the Notice of Removal, the Defendants contend that diversity jurisdiction exists in this
matter. An examination of the Complaint shows that the issues in dispute between the
Plaintiff and the Defendants arise out of a construction project known as “Harrah’s Cherokee
Tower Hotel, III” described in the Complaint as being located at “777 Casino Drive, Swain
County, Cherokee, North Carolina.” Neither the Plaintiff nor the Defendants have described
in the pleadings any contact or business that either the Plaintiff or the Defendants have in
Haywood County, North Carolina or in any of the counties of the Asheville Division for the
Western District of North Carolina. This matter appears to totally arise out of a construction
contract concerning a project located in Cherokee, North Carolina which is in the Bryson City
Division. As a result, the undersigned will enter an order directing the Clerk to assign this

case to the Bryson City Division of the Western District of North Carolina and all further
proceedings in this matter shall be administered in the United States District Court for the
Western District of North Carolina, Bryson City Division.

ORDER
IT IS, THEREFORE, ORDERED that this matter be assigned by the Clerk to the
Bryson City Division of the United States District Court for the Western District of North
Carolina.

Signed: November 15, 2012

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