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- ilnd;;1:05-cv-00814_de21 RegisterActionDate "2005-10-13" @default.
- ilnd;;1:05-cv-00814_de21 RegisterActionDescriptionText "MINUTE entry before Judge Sidney I. Schenkier: In a Memorandum Opinion and Order dated 09/27/05 21 , this Court dismissed Counts I and III of the complaint. The Court denied the motion to dismiss Count II, but expressed the concern that the claim alleged in that count did not meet the amount in controversy required to vest the court with subject matter jurisdiction based on diversity. 28 U.S.C. Section 1332(a). In that opinion, the Court gave plaintiff leave to submit competent proof that he satisfies the jurisdictional prerequisite by 10/11/05. Plaintiff timely filed a statement regarding jurisdiction, in which he concedes that he has no such proof. Accordingly, the Court is without subject matter jurisdiction over Count II, the only remaining claim in the case, and the case must be dismissed. We note that plaintiff has asked that we remand the case to state court rather than dismiss it. That would be the proper course if the case originally had been filed in state court, removed to federal court, and the court later found that it lacked subject matter jurisdiction. See 28 U.S.C. Section 1447(c). But this case was not removed from state court, but rather was originally filed in this court. In those circumstances, "we have jurisdiction to do only one thing: dismiss the instant case for lack of subject matter jurisdiction." American Nat'l Bank and Trust Co. of Chicago v. AXA Client Solutions, LLC, N. 00 C 6786, 2004 WL 1535842, *2 (N.D. Ill. July 8, 2004). However, in line with Fed. R. Civ. P. 41(b), the dismissal will be without prejudice. See Wojan v. General Motors Corp., 851 F.2d 969, 971 (7th Cir. 1988) (dismissal for lack of diversity jurisdiction entered without prejudice to refiling in state court). Civil case terminated. Mailed notice (lcw, ) (Entered: 10/14/2005)" @default.
- ilnd;;1:05-cv-00814_de21 AdministrativeID "22" @default.
- ilnd;;1:05-cv-00814_de21 OntologyLabel minute_entry @default.
- ilnd;;1:05-cv-00814_de21 hasReferenceToOtherEntry ilnd;;1:05-cv-00814_de19 @default.