United States District Court, W.D. North Carolina, Charlotte Division
C. Keesler United States Magistrate Judge.
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.
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).
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
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).
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,
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
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, ...