Cosma v. Mcor Builders, LLC et al

Filing 4

ORDER Granting 3 Consent Motion to Remand to State Court. Signed by Chief Judge Frank D. Whitney on 5/7/2018. (jaw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:18-cv-00195-FDW-DCK DANIEL COSMA, ) ) Plaintiff, ) ) vs. ) ) MCOR BUILDERS, LLC and MICHAEL ) CORCORAN, ) ) Defendants. ) ) ORDER THIS MATTER is before the Court upon the parties’ Consent Motion to Remand to State Court (Doc. No. 3). On February 15, 2018, this case was filed in Mecklenburg County Superior Court. Defendants, on April 16, 2018, filed a Notice of Removal (Doc. No. 1) of the action to this Court on the basis of diversity jurisdiction under 28 U.S.C. § 1332. In the notice of removal, Defendants also contest service and service of process. (Doc. No. 1, p. 1). Following removal, counsel for Plaintiff informally provided information to Defendants as to the date and location where service occurred on February 16, 2018. (Doc. No. 3, p. 3). On May 3, 2018, the parties filed their consent motion to remand, noting that Plaintiff and Defendant agree that removal should have occurred on or before March 19, 2018. Id. IT IS THEREFORE ORDERED that the parties Consent Motion to Remand to State Court (Doc. No. 3) is GRANTED and pursuant to 28 U.S.C. § 1447, this case is REMANDED to state court where it was originally filed. IT IS SO ORDERED. 1 Signed: May 7, 2018 2

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