Wagner et al v. City of Charlotte

Filing 10

ORDER granting 7 Motion for Leave to File an Amended Complaint; granting 5 Motion to Remand to State Court, and this matter is remanded to the Superior Court of Mecklenburg County, North Carolina. Signed by Senior Judge Graham Mullen on 2/27/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16CV801
MATTHEW WAGNER, et al.,

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Plaintiffs,
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vs.
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CITY OF CHARLOTTE,
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Defendant.
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____________________________________)

ORDER

This matter is before the Court upon Plaintiffs’ Motion for Leave to File an Amended
Complaint (Doc. No. 7) and Plaintiffs’ Motion for Remand to State Court and Award of
Attorneys’ Fees and Expenses (Doc. No. 5). The Defendant has filed a response indicating that
that the parties have conferred and agreed that Defendant consents to Plaintiffs’ Motion for
Leave to File an Amended Complaint based upon Plaintiffs’ Proposed Amended Complaint
(Doc. No. 7-1) eliminating Plaintiffs’ federal claims. Likewise, Defendant consents to remand of
this case to the Superior Court of Mecklenburg County, North Carolina. The Court is informed
that Plaintiffs have agreed not to pursue their request for attorneys’ fees and expenses.
Accordingly,
IT IS THEREFORE ORDERED that Plaintiffs’ Motion for Leave to File an Amended
Complaint is hereby GRANTED; and
IT IS FURTHER ORDERED that Plaintiffs’ Motion for Remand to State Court is hereby
GRANTED and this matter is remanded to the Superior Court of Mecklenburg County, North
Carolina.
Signed: February 27, 2017