Fifth Third Bank v. McIntyre et al

Filing 14

ORDER denying as moot 8 Motion for Joinder; granting 8 Motion to Remand. This matter is remanded to the Superior Court of Mecklenburg County. Signed by District Judge Frank D. Whitney on 3/18/10. (gpb)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:09-cv-503-W FIFTH THIRD BANK, Plaintiff, vs. LEE ADAMS MCINTYRE III and KORI K. MCINTYRE, Defendants. ) ) ) ) ) ) ) ) ) ) )

ORDER

THIS MATTER comes now before the Court upon Plaintiff's Motion to Join Parties and Motion to Remand (Doc. No. 8). Having considered the motions, the pleadings, and Defendants' filing consenting to remand (Doc. No. 13), the Motion to Remand is GRANTED, and this matter is REMANDED to the Superior Court of Mecklenburg County. Since the Court is remanding this case, the Motion to Join Parties is more appropriately directed to the state Superior Court. Accordingly, the Motion to Join Parties is DENIED AS MOOT without prejudice to be re-filed in state Superior Court. IT IS SO ORDERED. Signed: March 18, 2010