Badger Campus Credit Union v. El Bey

Filing 6

DECISION AND ORDER signed by Judge Lynn Adelman on 6/13/14 granting 5 Motion to Remand to State Court. (cc: all counsel, via USPS to defendant) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BADGER CAMPUS CREDIT UNION,
Plaintiff,
v.

Case No. 14-C-0437

AYOMIDE IFELOLA EL BEY, f/k/a
BELINDA Y. WOMACK,
Defendant.

DECISION AND ORDER
Ayomide Ifelola El Bey, proceeding pro se, has removed a state-court collection and
replevin action to this court. The plaintiff, Badger Campus Credit Union, has filed a motion
to remand. The motion notes that the state-court action was commenced on November
9, 2011, and that the notice of removal was not filed until April 15, 2014, well more than
two years after the action was commenced. No federal question is raised by the plaintiff’s
well-pleaded complaint, and thus the only possible basis for federal subject matter
jurisdiction is diversity of citizenship. See 28 U.S.C. § 1332. However, subject to one
exception not relevant here, a removal based on diversity of citizenship cannot occur more
than one year after commencement of the action. See 28 U.S.C. § 1446(c). Thus, the
removal is untimely, and the motion to remand will be granted.
Accordingly, IT IS ORDERED that plaintiff’s motion to remand is GRANTED.
Dated at Milwaukee, Wisconsin, this 13th day of June 2014.

s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge