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- ilnd;;1:20-cv-06906_de7 RegisterActionDate "2020-12-11" @default.
- ilnd;;1:20-cv-06906_de7 RegisterActionDescriptionText "MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the motion to remand (Dckt. No. 6 ). The removal statute provides that "[w]hen a civil action is removed under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action." See 28 U.S.C. 1446(b)(2)(A). Defendant Dick's Sporting Goods was served with process on October 26, 2020 (Dckt. No. 6 -2), and Defendant Jurczak was served with process on October 23, 2020 (Dckt. No. 6 -3]. Removal took place on November 20, 2020, after both defendants were served, so removal was proper only if both defendants consented. But only one of the two defendants filed the notice of removal. The first paragraph states that it was filed by "Defendant, "DICK'S SPORTING GOODS." (Dckt. No. 1 ) The last paragraph provides that "Defendant, "DICK'S SPORTING GOODS gives notice" of removal. Only one defendant appears on the signature block, too. Dick's Sporting Goods did not attach a consent to removal signed by Defendant Jurczak. On its face, the notice of removal gives no indication that "all defendants" consented to removal. By December 18, 2020, Defendants shall show cause why this case should not be remanded. Mailed notice. (jjr, ) (Entered: 12/11/2020)" @default.
- ilnd;;1:20-cv-06906_de7 AdministrativeID "7" @default.
- ilnd;;1:20-cv-06906_de7 hasReferenceToOtherEntry ilnd;;1:20-cv-06906_de0 @default.
- ilnd;;1:20-cv-06906_de7 hasReferenceToOtherEntry ilnd;;1:20-cv-06906_de6 @default.