BANK OF AMERICA INCORPORATED, et al v. CAMPBELL, et al
| BANK OF AMERICA INCORPORATED and TRUSTEE SERVICES OF CAROLINA LLC |
| JIMMY TAYLOR CAMPBELL and JOYCE OSBORNE CAMPBELL |
| BANK OF AMERICA INCORPORATED and TRUSTEE SERVICES OF CAROLINA'S |
| JIMMY TAYLOR CAMPBELL and JOYCE OSBORNE CAMPBELL |
| 1:2012cv00269 |
| March 19, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| UNASSIGNED |
| L. PATRICK AULD |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
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MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 5/30/12, that the Petition for Removal (Docket Entry 1 ), Verified Protective Answer (Docket Entry 3 ), Amended Petition for Removal (Docket Entry 5 ), Amended Verified Protec tive Answer (Docket Entry 6 ), Motion for Judicial Notice (Docket Entry 23 ), and Responses (Docket Entries 24 , 25 ) are STRICKEN for failure to comply with this Court's Local Rule 83.1(c)(1) and Federal Rule of Civil Procedure 11(a). FUR THER that, in light of the striking of the purported removal notices and this Court's lack of subject matter jurisdiction, this case is REMANDED to the General Court of Justice, Superior Court Division, Guilford County, North Carolina. FURTHER that, in light of the remand of this case to state court based on the striking of the purported removal notices and the lack of subject matter jurisdiction, as well as the striking of other filings purportedly made on behalf of the Campbells, the Cle rk's Office shall TERMINATE AS MOOT the Motion to Remand to State Court (Docket Entry 10 ), Motion to Dismiss Counterclaims for Lack of Jurisdiction and Failure to State a Claim (Docket Entry 12 ), and Motion to Strike (Docket Entry 26 ). FU RTHER that this Order is STAYED for 21 days because "[a] party may serve and file objections to the [O]rder within 14 days after being served with a copy. A party may not assign as error a defect in the [O]rder not timely objected to. The dist rict judge in the case must consider timely objections and modify or set aside any part of the [O]rder that is clearly erroneous or is contrary to law." Fed. R. Civ. P. 72(a). If any party files a timely objection to this Order, the 21day stay s hall continue in effect until further order of the Court, but, absent any timely objection, at the end of the 21day period, the Clerk's Office shall send a certified copy of this Order to the Clerk of the General Court of Justice, Superior Court Division, Guilford County, North Carolina. (Law, Trina)
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