U.S. Freightways Logistics, Inc. v. HT Bar, Inc. et al

Filing 12

MEMORANDUM Order: Signed by the Honorable Milton I. Shadur on 3/26/2015. Mailed notice. (rb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
U.S. FREIGHTWAYS LOGISTICS, INC.,
Plaintiff,
v.
H T BAR, INC. and JOHN R. JONES,
Defendants.

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Case No. 15 C 2299

MEMORANDUM ORDER
This action was originally removed by defendants H T Bar, Inc. ("H T Bar") and John
Jones from its place of origin, the Circuit Court of Cook County, as assertedly coming within the
diversity-of-citizenship branch of federal subject matter jurisdiction -- there was no question as
to the existence of total diversity, and defendants believed in good faith that the amount in
controversy exceeded the jurisdictional floor of over $75,000 (see 28 U.S.C. § 1332(a)). 1 Based
on further discussion between the litigants as to the latter component of diversity jurisdiction, an
authorized agent of plaintiff U.S. Freightways Logistics, Inc. has stipulated via affidavit that the
amount in controversy in instead less than $75,000, and accordingly defense counsel has moved
to remand this action to its place of origin.
Here are the relevant provisions of the Motion for Remand:
WHEREFORE, consistent with the position defendant stated originally, defendant
admits that the court no longer meets the jurisdictional requirements and should
be remanded instanter to the Circuit Court of Cook County, Illinois.

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All further references to Title 28's provisions will simply take the form "Section --,"
omitting the prefatory "28 U.S.C. §."

This was discussed with counsel for the plaintiff U.S. FREIGHTWAYS
LOGISTICS, INC. Thomas Koziol.
That stipulation and admission bring into play this provision of Section 1447(c):
If at any time before final judgment it appears that the district court lacks subject
matter jurisdiction, the case shall be remanded.
This Court so orders, and the Clerk of this District Court is ordered to mail a certified copy of the
order of remand to the Clerk of the Circuit Court of Cook County forthwith.

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Milton I. Shadur
Senior United States District Judge
Date: March 26, 2015

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