U.S. Bank, N.A. v. Byrkit et al

Filing 5

ORDER REMANDING CASE. IT IS ORDERED THAT: 1. This action is REMANDED to the Tenth Judicial District of the State of Minnesota. 2. The Clerk of Court shall mail a certified copy of this Order to the clerk of the Tenth Judicial District of the State of Minnesota as required by 28 U.S.C. § 1447(c).(Written Opinion). Signed by Judge Joan N. Ericksen on January 23, 2012. (slf) cc: Scott A. Byrkit, Kelly Ann Byrkit. Modified on 1/23/2012 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
U.S. Bank, N.A.,
Plaintiff,
v.
Scott A. Byrkit, Kelly Ann Byrkit, John Doe,
and Mary Rowe,
Defendants.
Scott A. Byrkit,

Civil No. 12-106 (JNE/JSM)
ORDER

Counterclaim Plaintiff,
v.
U.S. Bank, N.A.; Wilford & Geske, P.A.;
Lawrence A. Wilford; James A. Geske; and
John Does 1-10,
Counterclaim Defendants.
Seeking declarations that documents recorded by the Chisago County Recorder are null
and void and that its mortgage interest is superior to all other liens on or interest in real property
located in North Branch, Minnesota, U.S. Bank, N.A., brought this action in state court against
Scott Byrkit, Kelly Ann Byrkit, and individuals who may have an interest in the real property. In
December 2011, Scott Byrkit served a Verified Counter-Complaint on U.S. Bank in which he
alleged that U.S. Bank, as well as Wilford & Geske, P.A.; Lawrence Wilford; and James Geske,
violated federal and state laws. With the consent of Wilford, Geske & Cook, P.A.,1 Wilford, and
Geske, U.S. Bank removed the action from state court. On January 19, 2012, the Court ordered
U.S. Bank to show cause, if any, why this action should not be remanded to state court. The next
1

In the Consent to Removal, Wilford, Geske & Cook stated that it was incorrectly
identified in Scott Byrkit’s counterclaim.
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day, U.S. Bank responded. It agreed that removal of this action was improper, it withdrew its
Notice of Removal, and it consented to the immediate entry of an Order remanding this action to
state court. Accordingly, the Court remands this action state court.
Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1.

This action is REMANDED to the Tenth Judicial District of the State of
Minnesota.

2.

The Clerk of Court shall mail a certified copy of this Order to the clerk of
the Tenth Judicial District of the State of Minnesota as required by 28
U.S.C. § 1447(c).

Dated: January 23, 2012
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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