WASMUTH, et al v. DAS, et al
| MARK ALLEN WASMUTH and MEREDITH PHILLIPPI WASMUTH |
| JERRY OCHELTREE, ERIC P CREDLE, JOHN WALSH, BILL BECKMANN, MARIA LEONOR GERHOLDT, DONALD R. KIMBLE, STEPHEN D. STEINOUR, MARY JO MCGOWAN, UNITED STATES OF AMERICA, SANJIV DAS and PAUL INCE |
| 1:2011cv01013 |
| November 21, 2011 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Chatham |
| UNASSIGNED |
| L. PATRICK AULD |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
52
ORDER signed by JUDGE JAMES A. BEATY, JR on 8/26/2013 adopting the Magistrate Judge's Recommendation [Doc. # 45 ]; that the Motion to Set Aside State Court Entry of Default and Default Judgment [Doc. # 38 ] and the Motion to Dismiss or in the Al ternative Motion for Summary Judgment [Doc. # 25 ] filed by Defendants United States of America and John Walsh are hereby GRANTED. Absent any basis for original jurisdiction over the remaining claims against Defendants Sanjiv Das, Paul Ince, Jerry Oc heltree, Eric P. Credle, Bill Beckmann, Maria Leonor Gerholdt, Donald R. Kimble, Stephen D. Steinour, and Mary Jo McGowan, IT IS FURTHER ORDERED that this case is REMANDED to the Chatham County District Court for disposition of all remaining motions. (Sheets, Jamie)
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Filing
45
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 7/9/2013; RECOMMENDED that the court GRANT Federal Defendants' motions to set aside state court entry of default and ent ry of default judgment (Docket Entry 38 ) and to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction (Docket Entry 25 ). FURTHER RECOMMENDED that the action against the remaining Defendants be remanded to the Chatham County District Court for disposition of other pending motions. (Sheets, Jamie)
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