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Wiggins v. Bungee of North America

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


June 19, 2007

LARRY WIGGINS, PLAINTIFF,
v.
BUNGEE OF NORTH AMERICA, INC., DEFENDANT.

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

ORDER

This personal injury suit was removed to federal court on the basis of diversity jurisdiction, 28 U.S.C. § 1332. Plaintiff has filed a Motion to Remand (Doc. 8) asserting that Defendant's removal was "untimely and defective" under 28 U.S.C. § 1446 in that Defendant did not remove this case within 30 days from being served the Complaint and Summons. Defendant has not opposed this Motion to Remand. In accordance with the Court's Local Civil Rule 7.1(c), Defendant's silence may be considered an admission of the merits of Plaintiff's Motion. Thus, the Court accepts Plaintiff's assertions of defective removal as true. Accordingly, pursuant to 28 U.S.C. § 1447, Plaintiff's Motion to Remand (Doc. 8) is GRANTED. This case is hereby REMANDED to the Circuit Court of Alexander County, Illinois.

IT IS SO ORDERED.

David R Herndon United States District Judge

20070619

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