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Falkner v. Werner Company

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


October 20, 2008

JOHN FALKNER, PLAINTIFF,
v.
WERNER COMPANY, INC., ET AL., DEFENDANTS.

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

ORDER

Before the Court is Plaintiff's Motion to Remand (Doc. 12). Defendants originally removed this case on the basis of diversity jurisdiction, asserting that the non-diverse defendant, Alexander Knoll was fraudulently joined for the purposes of defeating diversity jurisdiction (Doc. 8). Plaintiff seeks a remand, arguing that his negligence claims against defendant Alexander Knoll are valid and therefore, defendant Knoll was not fraudulently joined. As such, Plaintiff states that diversity jurisdiction does not exist and therefore, this case should be remanded. Defendants have filed a Response (Doc. 16), consenting to Plaintiff's Motion to Remand.

Accordingly, with Defendants' consent, Plaintiff's Motion to Remand (Doc. 12) is hereby GRANTED. This case is hereby REMANDED back to the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois. The Clerk of the Court is hereby directed to close the case file for this matter.

IT IS SO ORDERED.

David R Her|do| Chief Judge United States District Court

20081020

© 1992-2008 VersusLaw Inc.



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