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

Filing 15

ORDER granting 14 Motion to Remand to State Court, Superior Court of Cherokee County. Signed by Magistrate Judge Dennis Howell on 12/01/2011. (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

Pending before the Court is the Consent Motion to Remand [# 14].
Previously, the Court granted 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. Because the parties jointly agreed that remand of
this case was appropriate, the Court canceled the hearing and directed the parties to

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file a consent motion to remand. Upon a review of the record in this case and the
Consent Motion to Remand, the Court GRANTS the motion [# 14] and DIRECTS
the Clerk to REMAND this case to the Superior Court of Cherokee County.

Signed: December 1, 2011

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