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Gaskin v. Brothers Air & Heat, Inc.

United States District Court, W.D. North Carolina, Charlotte Division

July 25, 2017

GERALD WAYNE GASKIN, and CHARLOTTE GASKIN, Plaintiffs,
v.
BROTHERS AIR & HEAT, INC., AMERICAN RESIDENTIAL SERVICES, L.L.C., and WALTER KEE, individually and in his capacity as an employee or agent of Defendant American Residential Services, L.L.C., Defendants.

          ORDER

          David C. Keesler United States Magistrate Judge.

         THIS MATTER IS BEFORE THE COURT on Plaintiffs' “Motion To Remand” (Document No. 8) filed March 21, 2017. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is ripe for disposition. Having carefully considered the motion, the record, and applicable authority, the undersigned will grant the motion.

         BACKGROUND

         Gerald Wayne Gaskin and Charlotte Gaskin (“Plaintiffs” or “Gaskins”) initiated this action with the filing of a “Complaint” (Document No. 1-2, pp.9-18) in the Superior Court of Union County, North Carolina on January 19, 2017. The Complaint asserts causes of action for: negligence; breach of contract; and unfair and deceptive trade practices. (Document No. 1-2, pp.14-17).

         The Complaint alleges that Charlotte Gaskin (“Mrs. Gaskin”) and Defendant American Residential Services, L.L.C. (“ARS”) entered into a written HVAC repair agreement (the “Repair Agreement”) on or about January 27, 2012, setting forth the terms for an entire air flow system replacement at the Gaskins' home. (Document No. 1-2, p.11); see also (Document No. 9, p.2) and (Document No. 1-2, pp.39-40). The heading of the Repair Agreement states:

ARS Heating and Cooling, LLC
123 Associate Ln.
Indian Trail, NC 28079
N.C. License No. 30340
Fully Insured and Bonded

(Document No. 1-2, p.39).

         In addition, Mrs. Gaskin executed a “Happy Homeowner Premium Maintenance Club” contract (the “Maintenance Contract”) with Defendant Brothers Air & Heat Inc. (“Brothers”) on January 4, 2014, which included “annual precision tune-ups and cleanings of your a/c & heating systems for a monthly fee.” (Document No. 1-2, p. 12); (Document No. 1-2, p.42).

         Plaintiffs are residents of Union County, North Carolina. (Document No. 1-2, p.9). Defendant Brothers is organized under the laws of South Carolina, with a principal office in Tennessee; and Defendant ARS is organized under the laws of Delaware, with a principal office in Tennessee. (Document No. 1-2, p.10). The Complaint further asserts that Defendant Walter Kee (“Kee”) is

a resident of Union County, North Carolina, and a current or former employee of Defendant ARS who either performed or authorized the performance of the air flow system replacement at Plaintiff's home under his North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors License Number 30340, ...

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