Taylor et al v. Federal Deposit Insurance Corporation et al
Filing
9
ORDER granting 4 Motion to Dismiss all of the Plaintiff's claims asserted against Defendant FDIC ; accepting 8 Memorandum and Recommendations; this matter is hereby REMANDED to the General Court of Justice, Superior Court Division, of Transylvania County, North Carolina for further proceedings. Signed by District Judge Martin Reidinger on 01/08/14. (emw)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00237-MR-DLH
CHARLES H. TAYLOR and
ELIZABETH O. TAYLOR,
)
)
)
Plaintiff,
)
)
vs.
)
)
FEDERAL DEPOSIT INSURANCE
)
CORPORATION, Receiver of Blue
)
Ridge Savings Bank, Inc. and
)
BANK OF NORTH CAROLINA,
)
)
Defendants.
)
________________________________ )
ORDER
THIS MATTER is before the Court on the Motion to Dismiss filed by
Defendant Federal Deposit Insurance Corporation (FDIC) [Doc. 4] and the
Magistrate Judge’s Memorandum and Recommendation [Doc. 8] regarding
the disposition of that motion.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of
Designation of this Court, the Honorable Dennis L. Howell, United States
Magistrate Judge, was designated to consider the motion to dismiss and to
submit a recommendation for its disposition.
On December 10, 2013, the Magistrate Judge filed a Memorandum
and Recommendation in this case containing proposed conclusions of law
in support of a recommendation regarding the Defendant’s motion. [Doc.
8]. The parties were advised that any objections to the Magistrate Judge’s
Memorandum and Recommendation were to be filed in writing within
fourteen (14) days of service. The period within which to file objections has
expired,
and
no
written
objections
to
the
Memorandum
and
Recommendation have been filed.
After a careful review of the Magistrate Judge’s Recommendation
[Doc. 8], the Court finds that the proposed conclusions of law are
consistent with current case law. Accordingly, the Court hereby accepts
the Magistrate Judge’s Recommendation that Defendant FDIC’s Motion to
Dismiss should be granted and that all claims asserted against Defendant
FDIC should be dismissed.
With the dismissal of the FDIC, there is no longer a basis for the
exercise of original jurisdiction in this matter. The Court, in the exercise of
its discretion, declines to exercise supplemental jurisdiction over the
remaining claims pending against the Bank of North Carolina and therefore
will remand this case to the court from which it was removed. See 28
U.S.C. § 1367(c)(3).
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ORDER
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 8] is ACCEPTED, the Defendant FDIC’s Motion to
Dismiss [Doc. 4] is GRANTED, and all of the Plaintiffs’ claims asserted
against Defendant FDIC are hereby DISMISSED.
IT IS FURTHER ORDERED that this matter is hereby REMANDED to
the General Court of Justice, Superior Court Division, of Transylvania
County, North Carolina for further proceedings.
IT IS SO ORDERED.
Signed: January 8, 2014
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