IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
December 15, 2006
LOCKLEAR ELECTRIC, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
MATRIX LEAD SOURCE, INC., DEFENDANT.
The opinion of the court was delivered by: David RHerndon United States District Judge
MEMORANDUM and ORDER
Now before the Court is Plaintiff's Motion to Remand. (Doc. 11.)
Defendant responds in opposition. (Doc. 18.) On July 31, 2006, Plaintiff filed this civil action in the Circuit Court of Madison County, Illinois seeking damages and injunctive relief under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. On September 25, 2006, Defendant filed a timely notice of removal based upon federal question jurisdiction pursuant to 28 U.S.C. § 1331.
The sole basis for Plaintiff's motion to remand (Doc. 11) is that Plaintiff disagrees, along with several other circuits,*fn1 with the Seventh Circuit's opinion in Brill v. Countrywide Home Loans Inc., 427 F.3d 446 (7th Cir. 2005), which held that state courts do not have exclusive jurisdiction over claims arising under the TCPA and that removal is authorized under the Act. Id. at 450- 51. Not only is Brill binding precedent upon this Court, as Plaintiff concedes, but this Court also finds its reasoning entirely persuasive. Plaintiff's motion to remand (Doc. 11) is DENIED.
IT IS SO ORDERED.