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First Bank v. DJL Properties

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


January 29, 2010

FIRST BANK, PLAINTIFF,
v.
DJL PROPERTIES, LLC; JONATHON E. GUTHRIE; AND LISA M. GUTHRIE, DEFENDANTS.

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

ORDER

First Bank removed this case from the Circuit Court of Saint Clair County, Illinois on November 17, 2009, on the basis of a counterclaim in apparent disregard of Supreme Court case law. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941). The Court ordered supplemental briefing because it doubted jurisdiction. It turns out that First Bank removed another case from Saint Clair County to this Court on the same day with the same counterclaim. That case was assigned to another District Judge who also doubted jurisdiction. First Bank v. DJL Props., LLC, No. 09-CV-0970-JPG (S.D. Ill. Jan. 27, 2010) (Gilbert, J.).*fn1 For the reasons stated in Judge Gilbert's opinion (see id. Doc. 21), the Court finds that it lacks subject-matter jurisdiction and REMANDS the case to the Circuit Court of Saint Clair County, Illinois.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge


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