Falkner v. Werner Company, Inc. et al

Filing 17

ORDER OF REMAND: GRANTING 12 Plaintiff's Motion to Remand and Memorandum of Law. This case is hereby remanded to the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois. Signed by Chief Judge David R Herndon on 10/20/2008. (seg)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JOHN FALKNER, Plaintiff, v. WERNER COMPANY, INC., et al., Defendants. Case No. 08-cv-546-DRH

ORDER HERNDON, Chief Judge: Before the Court is Plaintiff's Motion to Remand (Doc. 12). Defendants originally removed this case on the basis of diversity jurisdiction, asserting that the non-diverse defendant, Alexander Knoll was fraudulently joined for the purposes of defeating diversity jurisdiction (Doc. 8). Plaintiff seeks a remand, arguing that his negligence claims against defendant Alexander Knoll are valid and therefore, defendant Knoll was not fraudulently joined. As such, Plaintiff states that diversity jurisdiction does not exist and therefore, this case should be remanded. Defendants have filed a Response (Doc. 16), consenting to Plaintiff's Motion to Remand. Accordingly, with Defendants' consent, Plaintiff's Motion to Remand (Doc. 12) is hereby GRANTED. This case is hereby REMANDED back to the Circuit

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Court of the Twentieth Judicial Circuit, St. Clair County, Illinois. The Clerk of the Court is hereby directed to close the case file for this matter. IT IS SO ORDERED. Signed this 20th day of October, 2008.

/s/

DavidRHer|do|

Chief Judge United States District Court

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