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Deutsch Bank National Trust Co. v. Brader

United States District Court, District of South Carolina

April 6, 2015

Deutsch Bank National Trust Company, Plaintiff,
v.
Todd Brader, Mortgage Electronic Registration Systems, Defendants.

ORDER REQUIRES RESPONSE FROM BRADER BY MAY 11, 2015

Kaymani D. West, United States Magistrate Judge

Defendant Todd Brader, proceeding pro se, removed this foreclosure action from the Horry County, South Carolina Court of Common Pleas, based on the court’s diversity jurisdiction, 28 U.S.C. § 1332. See ECF No. 1 at 2-3; see also ECF No. 9 (containing “Addition to Notice of Removal”). Arguably, the matter was also removed pursuant to 28 U.S.C. § 1331. Id. at 1-2. On April 3, 2015, Plaintiff filed a Motion for Remand, setting forth several legal reasons the matter should be remanded. ECF No. 22.

Defendant Brader is advised that Plaintiffs Motion to Remand, if granted, would end his case in this court and return it to the Horry County Court of Common Pleas. Defendant has the right to submit a response to Plaintiffs Motion to Remand. Any such response must be provided to the court no later than May 11, 2015.

In the event Defendant Brader does not respond adequately to the Motion to Remand by this date, Plaintiff’s motion may be granted, thereby returning the case to the court from which it was removed.[1] See Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed.R.Civ.P. 41(c).

IT IS SO ORDERED.


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