DeGarmo et al v. Town of Lake Santeetlah

Filing 5

ORDER granting Parties' 4 Joint Motion to Remand this case to the Superior Court of Graham County, NC. Signed by Magistrate Judge Dennis Howell on 12/06/2017. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 cv 293
KENNETH DEGARMO and JEANNIE )
DEGARMO,
)
)
Plaintiffs,
)
)
v.
)
)
TOWN OF LAKE SANTEETLAH, a
)
North Carolina Public Municipality,
)
)
Defendant.
)
___________________________________ )

ORDER

Pending before the Court is the Joint Motion to Remand this Case to the
Superior Court of Graham County, North Carolina [# 4].
On October 25, 2017, a Notice of Removal regarding this case was filed in the
Western District of North Carolina. The underlying complaint contained both state
law claims and alleged violation of Due Process and Equal Protection. On November
11, 2017, the Parties filed a Joint Stipulation dismissing the substantive due process
and equal protection claims [# 3]. On December 4, 2017, the Parties filed a Joint
Motion to Remand this case to the Superior Court of Graham County, North Carolina.
After reviewing the record, it appears the Court now lacks subject matter jurisdiction
over this case.
Therefore, the Court GRANTS the motion [# 4]. The Court REMANDS this

case to the Superior Court of Graham County, North Carolina. Each party shall bear
its own costs, expenses, and attorneys’ fees.
Signed: December 6, 2017