Bank of America, N.A. v. Ethun, Chad et al

Filing 14

ORDER that this case is REMANDED to the Circuit Court for Dane County, Wisconsin. The clerk of court is directed to close this court's file and return the record to the state court. Signed by District Judge James D. Peterson on 4/20/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BANK OF AMERICA, N.A.,
Plaintiff,
v.
CHAD S. ETHUN, MARK ETHUN,
PAUL H. ETHUN, TARA ETHUN,
UNKNOWN SPOUSE OF CHAD S. ETHUN,
UNKNOWN SPOUSE OF MARK ETHUN,
UNKNOWN SPOUSE OF PAUL H. ETHUN,
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, and UNKNOWN SPOUSE OF
TARA ETHUN,

ORDER
16-cv-624-jdp

Defendants.
Plaintiff Bank of America filed a foreclosure action for property in DeForest, Wisconsin,
against members of the Ethun family in Dane County Circuit Court. Chad, Mark, Paul, and
Tara Ethun filed a notice of removal and a motion for leave to proceed in forma pauperis. After
Mark Ethun followed up with a motion to withdraw the removal, Bank of America requested
that the case be remanded. I issued an order stating that I could not remand the case solely on
Mark’s request, because he cannot represent his co-plaintiffs in the case. See Dkt. 10. I gave
the Ethuns a deadline to respond to that order, but they did not. Bank of America filed two
motions to remand the case, to which the Ethuns have not responded either. Because the
Ethuns have not prosecuted the removal and it appears that the parties agree that the case
should be litigated in state court, I will remand the case.

ORDER
IT IS ORDERED that this case is REMANDED to the Circuit Court for Dane County,
Wisconsin. The clerk of court is directed to close this court’s file and return the record to the
state court.
Entered April 20, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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