Dougherty v. City of Waverly et al

Filing 11

OPINION (See Written Opinion): The Clerk is directed to remand this case to the Circuit Court of the Seventh Judicial Circuit in Morgan County, Illinois. Entered by Judge Sue E. Myerscough on 6/30/2015. (VM, ilcd)

E-FILED

Tuesday, 30 June, 2015 09:45:10 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
SUSIE DOUGHERTY,
Plaintiff,
v.
CITY OF WAVERLY, JEREMY
ANGELO, DAVE SEARCY,
JASON DIVJAK,
Defendants.

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Civil No. 15-3144

OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Before the Court are the Defendants’ Motion to Dismiss Count
V of Plaintiff’s Complaint against Defendants Dave Searcy and
Jason Divjak (d/e 5) and the Plaintiff’s Motion to Dismiss Count V
of the Complaint as to City of Waverly (d/e 7), Motion to Remand
(d/e 8), and Motion to Dismiss Count V of the Complaint as to
Jeremy Angelo (d/e 10). In her response to the Defendants’ Motion
to Dismiss (d/e 6), the Plaintiff does not contest the dismissal of
Count V against Dave Searcy and Jason Divjak. Therefore, the
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Motion to Dismiss (d/e 5) is GRANTED. Additionally, pursuant to
Federal Rule of Civil Procedure 41, the Plaintiff’s Motion to Dismiss
Count V of the Complaint as to the City of Waverly (d/e 7) and
Motion to Dismiss Count V of the Complaint as to Jeremy Angelo
(d/e 10) are GRANTED.
As a result, the Plaintiff has now voluntarily dismissed Count
V against all of the Defendants. Count V of the Plaintiff’s Complaint
was the only claim that gave the Court original jurisdiction over her
suit. Without Count V, the Plaintiff only alleges state causes of
action, and because all of the parties are Illinois citizens, there is no
diversity jurisdiction over the Plaintiff’s state claims. Therefore, the
Plaintiff’s Motion to Remand (d/e 8) is GRANTED. The Clerk is
directed to remand this case to the Circuit Court of the Seventh
Judicial Circuit in Morgan County, Illinois.
ENTER: June 30, 2015.
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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