United States District Court, N.D. Illinois, Eastern Division
September 17, 2004.
NEFTALI BARRETO, et al., Plaintiffs,
ESPERANZA FINANCIAL SERVICES, INC., et al., Defendants.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
This action was timely removed to this District Court from the
Circuit Court of Cook County by codefendant JP Morgan Chase Bank
("Bank"), with the consent of codefendant Esperanza Financial
Services, Inc. ("Esperanza"), based on the premise that the
claims asserted against Bank by plaintiffs Neftali and Jesusa
Barreto (collectively "Barretos") were preempted by federal law.
Barretos then promptly dismissed this action as to Bank, and
their counsel has now served notice of the proposed presentment
on September 27 of a motion to remand this action to the Circuit
Court because no arguable predicate for federal jurisdiction now
This Court has reviewed Barretos' Complaint, which specifies
that the only claims advanced against Esperanza are grounded in
state law rather than federal law (because Esperanza is not a
bank, it has no basis for a preemption argument like that earlier
advanced by Bank). And because Barretos and Esperanza share
Illinois citizenship, of course diversity jurisdiction is also absent.
If Esperanza's counsel has a different view as to how this
action may arguably remain in this District Court rather than
being remanded pursuant to 28 U.S.C. § 1447(c), counsel must file
a written statement as to the legal basis for that position in
this Court's chambers (with a copy of course being transmitted
contemporaneously to Barretos' counsel) on or before September
23, 2004. If not, Esperanza's counsel should just as promptly
advise this Court and Barretos' counsel, so that remand may be
ordered forthwith and the parties may then go about their
business of litigating their substantive disputes.
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