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Bregenzer v. Hunter's View Ltd.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 18, 2007

SCOTT BREGENZER, PLAINTIFF,
v.
HUNTER'S VIEW LTD., AND WAL- MART STORES, INC., DEFENDANTS.

The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM & ORDER

Before the Court is plaintiff's motion to remand (Doc. 4) to which defendant Wal-Mart has filed a response, indicating that it has no objection to the remand. It appears that counsel for plaintiff has indicated to defendant Wal-Mart that if remanded, plaintiff intends to seek voluntary dismissal of Wal-Mart in the state court (See Doc. 7). The Court notes that defendant Hunter's View has not joined in the removal of the action filed by Wal-Mart.

Upon review of the record, the Court GRANTS plaintiff's motion to remand and this case is REMANDED to the Circuit Court for the Third Judicial Circuit, Madison County, Illinois for lack of jurisdiction. Plaintiff's motion to withdraw his motion for voluntary dismissal is DENIED as moot.*fn1

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE


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