Citgo Petroleum Corporation v. MTI Connect LLC et al

Filing 22

ORDER REMANDING CASE signed by Judge Pamela Pepper on 1/22/2018. 10 12 Defendant's MOTIONS to dismiss DENIED without prejudice. 16 Plaintiff's MOTION to remand to state court GRANTED as unopposed; case REMANDED to Milwaukee County Circuit Court. Case DISMISSED. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

CITGO PETROLEUM CORPORATION
Plaintiff,
v.

Case No. 17-cv-1679-pp

MTI CONNECT, LLC, d/b/a BLACK CANYON,
AND MGAGE, LLC
Defendants.
ORDER DENYING WITHOUT PREJUDICE MOTIONS TO DISMISS (DKT.
NOS. 10, 12), GRANTING AS UNOPPOSED THE PLAINTIFF’S MOTION TO
REMAND (DKT. NO. 16), REMANDING CASE TO THE MILWAUKEE COUNTY
CIRCUIT COURT FOR FURTHER PROCEEDINGS, AND DISMISSING CASE
On November 29, 2017, defendant mGage, LLC filed a notice a removal,
removing this case from the Milwaukee County Circuit Court to federal court.
Dkt. No. 1. In the notice of removal, mGage conceded that it had not obtained
co-defendant MTI Connect, LLC’s consent to remove, but asserted that “MTI’s
consent is not required because the claims against mGage are separate and
independent claims from those against MTI and would be removable if sued
upon.” Dkt. No. 1 at 2, ¶3.
Three weeks later, mGage filed two motions: (1) a motion to dismiss
Citgo’s case for failure to state a claim, dkt. no. 10, and (2) a motion to dismiss
Citgo’s cased for lack of jurisdiction, dkt. no. 12. The next day, the plaintiff
filed a motion asking this court to remand the case back to Milwaukee County,
on the ground that mGage could not remove the case without the consent of all
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defendants. Dkt. No. 16. In response, MGage, LLC filed a “notice of consent to
remand to state court,” stating that it consented to the court remanding the
case to Milwaukee County Circuit Court and that the plaintiff had represented
that it would not seek an award of fees or costs for its efforts to remand the
case. Dkt. No. 20. Defendant MTI Connect LLC has not entered an appearance
or participated in the federal court proceedings.
The court DENIES WITHOUT PREJUDICE the defendant’s pending
motions to dismiss, dkt. nos. 10 and 12. The court GRANTS AS UNOPPOSED
the plaintiff’s motion to remand. Dkt. No. 16. The court REMANDS the case to
the Circuit Court for Milwaukee County for further proceedings. The court
ORDERS that this case is DISMISSED.
Dated in Milwaukee, Wisconsin this 22nd day of January, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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