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Slightom v. National Maintenance & Repair

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 7, 2009

CLIFFORD SLIGHTOM, PLAINTIFF,
v.
NATIONAL MAINTENANCE & REPAIR, INC., DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on its own initiative for purposes of case management.

On September 8, 2009, Defendant National Maintenance & Repair, Inc. ("National Maintenance") filed a Response (Doc. 13) to Plaintiff Clifford Slightom's state court motion to strike. The motion to strike was in response to National Maintenance's state court motion to dismiss on grounds of Illinois' alleged lack of subject matter jurisdiction. Although the Notice of Removal (Doc. 5) included the state court motions as part of an exhibit, National Maintenance failed to recognize that, when a party removes a case, its notice of removal need only contain a "copy of all process, pleadings, and orders" with which it has been served. 28 U.S.C. § 1446(a) (2006) (emphasis added). Typically, "pleadings" only includes the complaint, answer, and any amendments thereof. See Fed. R. Civ. P. 7(a). Should the Court want any other documents from the circuit court to be filed in this case, it has the authority to request them. See § 1447(b).

Accordingly, the Court STRIKES National Maintenance's Response (Doc. 13) to Slightom's state court motion. If National Maintenance wishes to re-file its motion to dismiss, it should do so in this Court. Slightom may thereafter file his motion if he so desires.

IT IS SO ORDERED.

20091207

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