CENTRAL MORTGAGE CORPORATION et al v. CAMPBELL
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|Date Filed||#||Document Text|
|November 8, 2012
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/08/2012, that CMC's Motion to Remand to State Court (Docket Entry 8 ) is GRANTED IN PART in that this case is REMANDED to the General Court of Justi ce, Superior Court Division, Guilford County, North Carolina, for lack of subject-matter jurisdiction. FURTHER that, in light of the remand of this case to state court for lack of subject-matter jurisdiction, the Clerk's Office shall TERMINATE AS MOOT CMC's Motion to Dismiss Counterclaims for Lack of Subject Matter Jurisdiction and Failure to State a Claim (Docket Entry 10 ). FURTHER that, pursuant to 28 U.S.C. § 1447(c), Campbell must pay CMC's just costs and actual expenses (including attorney fees) incurred due to the improper removal of this case. FURTHER that, because Campbell's response to CMCs supplemental filing regarding its costs and expenses contests the reasonableness of the claimed attorney work-hours and hourly rate, on or before November 19, 2012, CMC may file a reply not to exceed three pages (excluding attached affidavits or exhibits) supporting its cost-shifting request. FURTHER that the remand to st ate court is STAYED for 21 days because "[a] party may serve and file objections to th[is] [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 distri ct 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 timely objects to this Order, the 21day stay shall contin ue in effect until further order, 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.(Taylor, Abby)
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