CANADIAN AMERICAN ASSOCIATION OF PROFESSIONAL BASEBALL, LTD. v. OTTAWA RAPIDZ et al
| CANADIAN AMERICAN ASSOCIATION OF PROFESSIONAL BASEBALL, LTD. |
| OTTAWA RAPIDZ, ROB HALL, SHELAGH O'CONNOR and OTTAWA PROFESSIONAL BASEBALL INC. |
| 1:2009cv00093 |
| February 4, 2009 |
| US District Court for the Middle District of North Carolina |
| Contract: Other Office |
| Forsyth |
| WALLACE W. DIXON |
| UNASSIGNED |
| None |
| Diversity |
| 28:1441 Notice of Removal |
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Filing
30
MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 2/18/10, that the court has reviewed those portions of the Recommendation to which the Removing Respondents have objected and has made a de novo determination. After careful review, the court finds that the objections do not change the recommendation to remand the case but that the award of justifiable costs and expenses should be denied. Accordingly, the Recommendation is adopted in part and rejected in part, as further explain ed herein. The Magistrate Judge's Recommendation is affirmed as to the recommendation to remand the case, but for the reasons stated herein to the extent they differ from those in the Recommendation; FURTHER that the League's request for an award of justifiable costs and expenses is DENIED; FURTHER that the motions of the League and OPBI to remand (Docs. 9 , 12 ) are GRANTED and that this action is remanded to the General Court of Justice, Superior Court Division, of Forsyth County, North Carolina. The motions to dismiss by Respondents Hall, O'Connor and Ottawa Rapidz (Docs. 13 , 15 ) are not reached insofar as the court lacks jurisdiction to do so. (Law, Trina)
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Filing
21
MEMORANDUM OPINION AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 06/11/09, that Petitioner's motion for remand (docket no. 9 ) and Respondent OPBI's motion for remand (docket no. 12 ) be GRANTED, that Petit ioner's motion for costs and expenses be GRANTED, and that this case be REMANDED to Forsyth County Superior Court. Furthermore, if the court adopts this recommendation and remands to state court, the court will no longer retain jurisdiction to address the motion to dismiss filed by Respondents Hall and OConnor (docket no. 13 ) and the motion to dismiss filed by Respondent Ottawa Rapidz (docket no. 15 ). (Law, Trina)
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| Filing 1 |
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