Free Order on Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:04-cv-00347-JJF Document 28 Filed O3/31/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EASTERN SAVINGS BANK, :
Plaintiff, E
v. i Civil Action No. 04-347 JJF
CAROLINE P. AYERS-FOUNTAIN, E
Defendant. ;
FINAL ORDER GRANTING MOTION TO REMAND TO THE SUPERIOR COURT OF
DELAWARE IN AND FOR NEW CASTLE COUNTY
The Motion of Plaintiff Eastern Savings Bank, a Federal
Savings Bank, to remand the above-entitled action to the Superior
Court of Delaware in and for New Castle County, in which it was
originally brought, having regularly come to be heard by this
Court, and this Court having considered such motion, brief in
support or motion, and the Affidavit of John R. Weaver, Jr.,
Esquire, filed therewith, and the Court concludes that this
action is not founded upon a claim or right arising under the
Constitution or laws of the United States, and is, therefore, not 1
an action over which this Court may exercise jurisdiction. L
NOW THEREFORE IT IS HEREBY ORDERED that:
I) Plaintiff’s Motion To Remand Matter To The Superior Court
Of Delaware In And For New Castle County (D.I. 5) is GRANTED; I
2) This cause is remanded to the Superior Court of Delaware I
in and for New Castle County, and a certified copy of this Order Q
I
shall be mailed by the Clerk of this Court to the Clerk of the §
Superior Court of Delaware in and for New Castle County, and the i
I
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I
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Case1:O4-cv-00347-JJF Document 28 Filed O3/31/2005 Page20f2
Clerk of this Court is directed to forward the file of the above
matter to such court for further proceedings, retaining the
original notice of the removal action filed herein;
3) Plaintiff Eastern Savings Bank, a Federal Savings Bank,
is awarded costs.
March 5 2005 ;%;&gkjgw@ X, g$$agm,£w
DATE ‘T Junos

Case 1:04-cv-00347-JJF

Document 28

Filed 03/31/2005

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Case 1:04-cv-00347-JJF

Document 28

Filed 03/31/2005

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