-LPA RED BARN FARMS, LLC et al v. GENERAL ELECTRIC CAPITAL CORPORATION, No. 1:2009cv00747 - Document 58 (M.D.N.C. 2011)

Court Description: MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 03/08/2011. For the foregoing reasons as set out, IT IS ORDERED that Plaintiffs' Motion to Remand (Doc. 46 ) is GRANTED and this case will beREMANDED to the General Court of Justice, Superior Court Division, Cumberland County, North Carolina. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 6),Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 27 ), and Defendant's Motion to Declare Null and Void Orders of State Court, Including a Temporary Restraining Order and a Preliminary Injunction, Entered Subsequent to Removal to This Court, and to Prohibit EnforcementThereof (Doc. 34 ) is DENIED WITHOUT PREJUDICE AS MOOT. A corresponding judgment is entered contemporaneously with this order.(Taylor, Abby)