WASMUTH, et al v. DAS, et al, No. 1:2011cv01013 - Document 45 (M.D.N.C. 2013)

Court Description: MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 7/9/2013; RECOMMENDED that the court GRANT Federal Defendants' motions to set aside state court entry of default and ent ry of default judgment (Docket Entry 38 ) and to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction (Docket Entry 25 ). FURTHER RECOMMENDED that the action against the remaining Defendants be remanded to the Chatham County District Court for disposition of other pending motions. (Sheets, Jamie)