Midfirst Bank v. Woodrow et al

Filing 31

AMENDED MEMORANDUM AND ORDER OF REMAND, Granting 26 MOTION to Dismiss United States and Secretary of Housing and Urban Development Voluntarily, MOTION to Remand to State Court filed by Midfirst Bank. USA and the Secretary of Housing and Urban Development are dismissed as parties to this action without prejudice. The Clerk of Court is directed to enter judgment accordingly. Case remanded to Wayne County, IL. Signed by Judge J. Phil Gilbert on 11/17/2011. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MIDFIRST BANK,

)
)
PLAINTIFF, )
)
VS
)
)
ALAN L. WOODROW, SECRETARY OF HOUSING AND )
URBAN DEVELOPMENT, UNITED STATES OF
)
AMERICA, UNKNOWN HEIRS AND LEGATEES OF
)
ALAN L WOODROW, IF ANY, UNKNOWN OWNERS
)
AND NON RECORD CLAIMANTS,
)
)
DEFENDANTS. )

NO.

10-cv-822-JPG-PMF

AMENDED MEMORANDUM AND ORDER
THIS CAUSE coming to be heard on Plaintiff’s Motion to
Dismiss United States of America and Secretary of Housing
and Urban Development and for Remand to State Court (Doc.
26); the United States and Secretary having responded (Doc.
28) that they have no objection to the motion to dismiss;
the Court otherwise fully advised in the premises;
IT IS HEREBY ORDERED THAT:
1.

The Plaintiff’s Motion (Doc. 26) is GRANTED, and
pursuant to Federal Rule of Civil Procedure
41(a)(2), the United States of America and the
Secretary of Housing and Urban Development are
DISMISSED as parties to this action without
prejudice.

2.

Pursuant to Federal Rule of Civil Procedure
54(b), there is no just reason for delay of entry
of judgment as to the claim between Plaintiff
Midfirst Bank and defendants United States of
America and Secretary of Housing and Urban
Development.

The Clerk of Court is DIRECTED to

enter a Rule 54(b) judgment accordingly.

3.

The remainder of this case is REMANDED to the
Circuit Court of the Second Judicial Circuit,
Wayne County, Illinois, for all further
proceedings.

Date:

November 17, 2011
s/J. Phil Gilbert
J. Phil Gilbert
United States District Judge