Buckaloo v. Air & Liquid Systems Corporation et al

Filing 30

ORDER granting #19 Motion to Remand to State Court. Case remanded to the Madison County, Illinois Circuit Court. Signed by Chief Judge David R. Herndon on 11/19/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

JOANN BUCKALOO,
Individually and as Personal
Representative of the Estate
of Joe Buckaloo, deceased,

Plaintiff,

v.

AIR & LIQUID SYSTEMS
CORPORATION, also known
as Buffalo Pumps, Inc., et al.,

Defendants.

No. 12-997-DRH

ORDER
HERNDON, Chief Judge:
Pending before the Court is plaintiff’s October 12, 2012 motion to remand
(Doc. 19). Plaintiff contends that remand is proper as defendant Reliance Electric
Company’s notice of removal is untimely under 28 U.S.C. § 1446. On November 15,
2012, defendant Reliance Electric Company filed a notice of consent to plaintiff’s
motion to remand (Doc. 29).

As of this date, the other defendants have not

responded to the motion. Thus, the Court considers the failure to respond as an
admission of the merits of the motion pursuant to Local Rule 7.1(c). Accordingly, the

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Court GRANTS the motion to remand (Doc. 19). The Court REMANDS this matter
to the Madison County, Illinois Circuit Court.
IT IS SO ORDERED.
Signed this 19th day of November, 2012.

Digitally signed
by David R.
Herndon
Date: 2012.11.19
10:14:06 -06'00'

Chief Judge
United States District Court

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