Alexander v. Israel et al

Filing 6

ORDER granting 5 Motion to Dismiss and all of the Plaintiffs' claims against Defendant Federal Deposit Insurance Corporation, as receiver for Blue Ridge Savings Bank, Incorporated, and Defendant The Bank of North Carolina are hereby DISMISSED pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.. Signed by District Judge Martin Reidinger on 06/16/2014. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00336-MR-DLH

SHARON B. ALEXANDER, as
Administrator CTA of the Estate of
Sara Catherine Mallady,

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Plaintiff,
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vs.
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MAXINE O. ISRAEL, et al.,
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Defendants.
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ORDER

THIS MATTER is before the Court on the parties’ Motion for
Voluntary Dismissal [Doc. 5].
For the reasons stated in the parties’ motion, and for cause shown,
the Court will allow the motion.
With the dismissal of the Federal Deposit Insurance Corporation, the
Court questions whether subject matter jurisdiction still exists in this case.
Accordingly, the Court will direct the parties to file briefs on this issue within
seven (7) days of the entry of this Order.
IT IS, THEREFORE, ORDERED that the Motion [Doc. 5] is
GRANTED, and all of the Plaintiffs’ claims against Defendant Federal

Deposit Insurance Corporation, as receiver for Blue Ridge Savings Bank,
Incorporated, and Defendant The Bank of North Carolina are hereby
DISMISSED pursuant to Rule 41(a)(2) of the Federal Rules of Civil
Procedure.
IT IS FURTHER ORDERED that the parties shall file briefs, not to
exceed ten (10) pages, on the issue of subject matter jurisdiction within
seven (7) days of the entry of this Order.
IT IS SO ORDERED.