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- ilnd;;1:11-cv-02640_de22 RegisterActionDate "2011-06-22" @default.
- ilnd;;1:11-cv-02640_de22 RegisterActionDescriptionText "MINUTE entry before Honorable Sharon Johnson Coleman: The Court having fully considered defendant Ms. 8DCF459 motion for appointment of counsel, the motion is respectfully denied without prejudice. Plaintiff argues in its motion to remand to state court that there may not be complete diversity of citizenship in order to give this court jurisdiction because there are several "unknown" defendants named as "unknown owners" and "nonrecord claimants". Although there is case law in this district to support that argument, see, e.g., Home Savings of Am., F.A. v. Am. Nat'l Bank and Trust Co. of Chi., 762 F.Supp. 240 (N.D.Ill. 1991), resolution of this issue is more clearly determined by statute. 28 U.S.C. §1441(b) governs removal of actions from state court and provides that in civil actions over which this court does not have original jurisdiction, "such action shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." Since Ms. 8DCF459 is a citizen of Illinois and the case does not present a federal question for original jurisdiction, the action is not removable from Illinois State Court. Plaintiff's Motion to Remand to State Court 6 is granted. Accordingly, this matter is remanded without prejudice to state court. Mailed notice (nf, ) (Entered: 06/23/2011)" @default.
- ilnd;;1:11-cv-02640_de22 AdministrativeID "25" @default.
- ilnd;;1:11-cv-02640_de22 hasReferenceToOtherEntry ilnd;;1:11-cv-02640_de3 @default.