Hart et al v. Union County et al

Filing 7

ORDER that the Court requests briefing from both parties on the issue of removal. Defendant has until July 3 to file a memorandum on this issue. Plaintiff will have fourteen (14) days to file a response. Defendant will then have seven (7) days to file a reply. Signed by Senior Judge Graham Mullen on 6/19/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00252-GCM
WALTER L. HART, IV, Guardian Ad Litem
for J.G., a minor and MARIA HARRIS,
Plaintiff,
v.
UNION COUNTY, and WANDA SUE
LARSON in her individual and official
capacities,
Defendant.

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ORDER

THIS MATTER is before the Court on its own motion. On April 17, 2017, Plaintiffs
filed an Amended Complaint in Superior Court against the Defendants Union County and Wanda
Sue Larson in her individual and official capacities. This case was removed by the Defendants
Union County and Wanda Sue Larson in her official capacity only on May 11, 2017. (Doc. No.
1).
The Court requests briefing from both parties on the issue of removal by a Defendant in
only her official capacity when claims were brought against the Defendant in her individual and
official capacity. Defendant has until July 3 to file a memorandum on this issue. Plaintiff will
have fourteen (14) days to file a response. Defendant will then have seven (7) days to file a reply.
SO ORDERED.
Signed: June 19, 2017