Prosser v. Global Tower, LLC

Filing 24

ORDER OF REMAND re 23 NOTICE by Global Tower, LLC : Case remanded to First Judicial Circuit of Union County, Illinois.Signed by Chief Judge David R. Herndon on 10/29/2013. (mtm)

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

DON E PROSSER,
Trustee of the Radar Land Trust,
No. 71-11, dated July 31, 1989,
Plaintiff,
v.

GLOBAL TOWER, LLC, dba
Global Tower Partners LLC,
Defendant.

Case No. 13-cv-200-DRH-SCW
MEMORANDUM & ORDER

HERNDON, Chief Judge:
Before the Court is defendant Global Tower, LLC, doing business as Global
Tower Partners, LLC’s (defendant) notice of withdrawal of objection to plaintiff’s
motion for voluntary dismissal and consent to remand (Doc. 23).
The Court previously directed defendant to correct the jurisdictional
deficiencies contained within its notice of removal (Doc. 2), as the Court must
determine it has subject matter jurisdiction over this case before it can enter a
ruling as to plaintiff Prosser’s motion for voluntary dismissal without prejudice
(Doc. 16). The Court warned that it shall remand this action should defendant fail
to meet its burden to demonstrate that subject matter jurisdiction exists (Doc.
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22). Instead of providing adequate jurisdictional allegations, defendant has filed
its notice stating it consents to remand (Doc. 23). As defendant has not
demonstrated that subject matter jurisdiction exists over these claims, the Court
REMANDS this entire action, of course including the pending motion for
voluntary dismissal (Doc. 16), to the First Judicial Circuit of Union County,
Illinois.
IT IS SO ORDERED.
Signed this 29th day of October, 2013.

David R.
Herndon
2013.10.29
13:12:13 -05'00'

Chief Judge
United States District Court

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