Martin et al v. Rushing Creek Development Group, LLC et al

Filing 13

ORDER that upon the representation of counsel for CADC, the parties have jointly agreed that remand of this case is appropriate. The Court CANCELS the November 30, 2011, hearing. The Court DIRECTS the parties to file a consen t or joint motion to remand within ten (10) days of the entry of this Order. Upon the filing of such a motion, the Court will enter an order remanding the case re 12 Order on Motion to Substitute Party. Signed by Magistrate Judge Dennis Howell on 11/28/2011. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:11cv10
ANTHONY MARTIN and KIM
MARTIN, husband and wife,

)
)
)
Plaintiffs,
)
)
v.
)
)
RUSHING CREEK DEVELOPMENT
)
GROUP, LLC, a North Carolina
)
Corporation, and CADC/RADC 2011-1 )
VENTURE 2011-1 LLC,
)
)
Defendants.
)
___________________________________ )

ORDER

Previously, the Court granting the Motion to Substitute Party and substituted
CADC/RADC 2011-1 Venture 2011-1 LLC (“CADC”) as a party defendant in this
action in place of the Federal Deposit Insurance Corporation, as Receiver for Bank
of Hiawassee, a Georgia Corporation (“FDIC”). As a result of the substitution of
parties, the FDIC is no longer a party to this action. Accordingly, the Court set a
hearing for November 30, 2011, to address the issue of whether the Court should
retain jurisdiction over this case. Upon the representation of counsel for CADC,
the parties have jointly agreed that remand of this case is appropriate. The Court
CANCELS the November 30, 2011, hearing. The Court DIRECTS the parties to

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file a consent or joint motion to remand within ten (10) days of the entry of this
Order. Upon the filing of such a motion, the Court will enter an order remanding
the case.

Signed: November 28, 2011

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