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Baugus v. Ladders

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


October 31, 2007

MICHAEL BAUGUS, PLAINTIFF,
v.
GORILLA LADDERS, ET AL., DEFENDANTS.

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

ORDER

Before the Court is plaintiff's motion to remand (Doc. 5) and supplemental motion to remand (Doc. 18). Defendants originally removed this action, alleging that there had been fraudulent joinder of the non-diverse defendants, Hidden Lake Winery, Ltd., Dale Holbrook and Angie Holbrook. Subsequently, the plaintiff has settled with defendants Gorilla Ladders, The Home Depot and Tricam Industries, Inc., leaving only the non-diverse defendants remaining in this action. The non-diverse defendants have not filed objections to the motion to remand or to the supplemental motion.

Upon review of the record, and in light of the settlements with the diverse defendants, the Court FINDS that it is without subject matter jurisdiction over this action and therefore, the Court GRANTS plaintiff's motion to remand. This matter is REMANDED to the Circuit Court for the Third Judicial Circuit, Madison County, Illinois.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20071031

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