Burrell v. Bayer Corporation, et al

Filing 48

ORDER upon Remand from Fourth Circuit Court of Appeals VACATING 41 Dismissal Order. This action is remanded to Buncombe County Superior Court. Signed by District Judge Max O. Cogburn, Jr on 4/5/2019. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLLE DIVISION
1:17-cv-31-MOC-DCK
KRISTIANA TWEED BURRELL,

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Plaintiff,
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vs.
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BAYER CORP., et al.,
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Defendants.
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____________________________________)

ORDER

THIS MATTER is before the Court following an order of the Fourth Circuit Court of
Appeals vacating and remanding this Court’s dismissal Order dated May 10, 2017. See (Doc. No.
46).

In its decision, the Fourth Circuit Court of Appeals held that this action was improperly

removed from state court to federal court because the basis for removal—federal question
jurisdiction under 28 U.S.C. § 1331—was lacking.
In vacating and remanding the action to this Court, the Fourth Circuit has instructed this
Court to remand this action to North Carolina state court.
IT IS HEREBY ORDERED that this action is remanded to Buncombe County Superior
Court.

Signed: April 5, 2019

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