IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 28, 2009
SARA BIERER, PLAINTIFF,
STOLTZ MANAGEMENT OF DELAWARE, INC., MACY'S RETAIL HOLDINGS, INC., FORMERLY FEDERATED RETAIL HOLDINGS, INC., D/B/A MACY'S DEPARTMENT STORE, IPC INTERNATIONAL CORPORATION, AND SOUTHERN ILLINOIS JANITORIAL SERVICES, INC., DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on the Motion to Remand (Doc. 48) filed by Defendant Southern Illinois Janitorial Services. On January 8, 2009, Plaintiff was granted leave to amend her complaint to add non-diverse Defendant Southern Illinois Janitorial Services to this action. Federal jurisdiction over this action was based solely on diversity of citizenship. 28 U.S.C. § 1447(e) states:
If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.
Having permitted joinder of a non-diverse defendant, the Court no longer has jurisdiction over this action. Therefore, the Court GRANTS the Motion to Remand (Doc. 48), and REMANDS this action to the Circuit Court of Jackson County, Illinois from whence it came. The Court DENIES as moot all pending motions.
IT IS SO ORDERED.
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