Schmitt v. Bommarito North County, Inc. et al

Filing 50

ORDER OF REMAND: Case remanded to the Circuit Court of Madison County, Illinois., Granting 28 MOTION to Remand filed by Andrew Harold Schmitt. Signed by Chief Judge David R. Herndon on 10/2/2013. (kbl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANDREW HAROLD SCHMITT
Plaintiff,
vs.

No. 3:13-cv-00472-DRH-SCW

BOMMARITO NORTH COUNTY, INC.,
et al.,
Defendants.

ORDER

HERNDON, Chief Judge:
Now pending before the Court is plaintiff Andrew Harold Schmitt’s motion
to remand to the Circuit Court of Madison County, Illinois (Doc. 28). Plaintiff
argues that the Rule of Unanimity and 28 U.S.C. § 1446(b) require that the case
be remanded because all of the defendants who were served with the summons
and complaint did not join in the removal or file written consents to the removal.
This motion was filed on June 6, 2013. As of this date, defendants have not
responded. Pursuant to Local Rule 7.1(c), the Court considers this failure an
admission of the merits of the motion. 1

1

“Failure to timely file a response to a motion may, in the Court’s discretion, be considered an
admission of the merits of the motion.” LOCAL RULE 7.1(c).

Accordingly, the Court GRANTS plaintiff Andrew Harold Schmitt’s motion
for remand (Doc. 28) and REMANDS this matter to the Circuit Court of Madison
County, Illinois.
IT IS SO ORDERED.
Signed this 2nd day of October, 2013.

Digitally signed by
David R. Herndon
Date: 2013.10.02
11:35:56 -05'00'
Chief Judge
United States District Court