Nardone et al v. Edee

Filing 25

ORDER that: (1.) Consistent with the November 3 Order (Doc. 23 ), this matter is REMANDED to the Superior Court of Transylvania County, North Carolina. (2.) Pltfs' request, pursuant to 28 U.S.C. §1447(c), for their j ust costs and actual expenses, including attorney's fees, incurred as a result of the removal of this case, is DEEMED WITHDRAWN (Doc. 24 ) and that portion of the November 3 Order (Doc. 23 ) that awarded such expenses is VACATED. The undersigned expresses no opinion concerning Pltfs' ability to seek fees and costs associated with the August 28, 2023 removal after this matter has been remanded. Signed by US Magistrate Judge W. Carleton Metcalf on 11/14/2023. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-00245-MOC-WCM
ALIX E. NARDONE and
BROOKE E. STARK,
Plaintiffs,
v.
ERIC EDEE,
Defendant.
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ORDER

This matter is before the Court on Plaintiffs’ Notice of Withdrawal of
Attorney Fee Request (“Notice,” Doc. 24).
By Order entered on November 3, 2023 Order (“November 3 Order”), the
Court granted Plaintiffs’ Motion to Remand and awarded Plaintiffs their just
costs and actual expenses, including attorney's fees, incurred as a result of
Defendant’s August 28, 2023 removal.
The November 3 Order directed that, on or before November 8, 2023, the
parties file a stipulation as to the amount of the award or, alternatively, that
Plaintiffs file sufficient materials from which the Court could determine an
appropriate award.
However, no filings were made by November 8, 2023.

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Plaintiffs filed the Notice on November 14, 2023, following a show cause
order of the same date. In the Notice, Plaintiffs state that they now wish to
withdraw their fee request, though without prejudice to their right to request
that the state court, after remand, “apportion their attorneys fees and cost
associated with this matter while it has been in federal court.”
IT IS THEREFORE ORDERED THAT:
1. Consistent with the November 3 Order, this matter is REMANDED
to the Superior Court of Transylvania County, North Carolina.
2. Plaintiffs’ request, pursuant to 28 U.S.C. §1447(c), for their just costs
and actual expenses, including attorney’s fees, incurred as a result of
the removal of this case, is DEEMED WITHDRAWN and that portion
of the November 3 Order that awarded such expenses is VACATED.
The undersigned expresses no opinion concerning Plaintiffs’ ability to
seek fees and costs associated with the August 28, 2023 removal after
this matter has been remanded.
Signed: November 14, 2023

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