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KORZINSKI v. JACKSON

No. 5:04-CV-220-FL(1).

326 F.Supp.2d 704 (2004)

Gary Allen KORZINSKI, Plaintiff, v. Susan Kathy JACKSON and Karen Ackley, Executrix of the Estate of Deborah Orton Rothey, Defendants.

United States District Court, E.D. North Carolina, Western Division.

July 2, 2004.

Attorney(s) appearing for the Case

Eldon S. Newton, III, Newton, Lee & Boyd, Wilson, NC, for Gary Allen Korzinski, plaintiff.

Steven M. Sartorio, Smith Anderson Blount Dorsett, Mitchell & Jernigan, Raleigh, NC, Jeffrey M. Young, Moore & VanAllen, Durham, NC, Carrie Elizabeth Meigs, Patterson, Dilthey, Clay, Bryson & Anderson, L.L.P., Raleigh, NC, for Susan Kathy Jackson, Karen Ackley, Executrix of The Estate of Deborah Orton Rothey, defendants.

ORDER

FLANAGAN, District Judge.

Before the court is plaintiff's motion to remand. Defendant filed a notice of removal in this automobile negligence case on the basis of diversity jurisdiction within thirty days from the March 2004 date that plaintiff filed, pursuant to North Carolina Rule of Civil Procedure 41, a "new action based on the same claim[s]" asserted in a substantively identical action filed July 11, 2001. For the reasons that follow, resolving...

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