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Lacey v. Union Carbide Corp.

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


April 22, 2008

LINDA LACEY, INDIVIDUALLY AND AS SPECIAL ADMINISTRATOR OF THE ESTATE OF WILLIAM LACEY, PLAINTIFFS,
v.
UNION CARBIDE CORPORATION, ET AL., DEFENDANTS.

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

ORDER

This matter is before the Court on a motion for leave to amend the notice of removal in this cause (Doc. 3), as well as a motion for remand to state court (Doc. 7). Pursuant to 28 U.S.C. § 1653, the motion to amend the notice of removal is GRANTED. However, while it appears from the allegations of the amended notice of removal that diversity of citizenship is complete, it also is clear from the record that this action has been removed more than one year after its commencement, in violation of 28 U.S.C. § 1446(b). Accordingly, the motion for remand of this case to state court is GRANTED and, pursuant to 28 U.S.C. § 1447(c), this case is REMANDED to the Circuit Court of the Third Judicial Circuit, Madison County, Illinois.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20080422

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