CLAYTON et al v. BRANCH BANKING AND TRUST et al
| BRANCH BANKING AND TRUST, DAVID A. SIMPSON, P.C. and JOHN DOES 1-10 |
| GAIL CLAYTON and THOMAS CLAYTON |
| 1:2011cv00783 |
| September 23, 2011 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| UNASSIGNED |
| P. TREVOR SHARP |
| Foreclosure |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
45
ORDER signed by JUDGE JAMES A. BEATY, JR on 1/17/2013 adopting the Magistrate Judge's Recommendation [Doc. # 37 ]; that the Motion to Remand [Doc. # 10 ] filed by BB&T and David A. Simpson, P.C., is GRANTED and this action is REMANDED< /b> to the Alamance County, North Carolina, Superior Court. FURTHER that the Motion to Dismiss [Doc. # 13 ] filed by BB&T and David A. Simpson, P.C., is DENIED as MOOT. ORDERED that the Motion for Default Judgment [Doc. # 12 ] and Motion for Summary Judgment [Doc. # 21 ] filed by Gail Clayton and Thomas Clayton are DENIED without prejudice in light of the remand. (Sheets, Jamie)
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Filing
37
MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/12/2012; RECOMMENDING that the Motion to Remand [Doc.# 10 ] filed by BB&T and David A. Simpson, P.C. be granted, and t hat this action be remanded to the Alamance County, North Carolina, Superior Court. FURTHER RECOMMENDING that the Motion to Dismiss filed by BB&T and David A. Simpson, P.C. [Doc. # 13 ] be denied as moot. FURTHER RECOMMENDING that the Claytons' Motion for Default Judgment [Doc. # 12 ] and Motion for Summary Judgment [Doc. # 21 ] be denied without prejudice in light of the remand. (Sheets, Jamie)
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