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Donna K.And Frank T. Pearson v. Hsbc Bank

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


December 14, 2010

DONNA K.AND FRANK T. PEARSON, PLAINTIFFS,
v.
HSBC BANK, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiffs Donna and Frank Pearson's Motion for Removal (Doc. 7). Specifically, the Pearsons seek to remove a state court action in which they are a party (Cumberland County Case No. 10-SC-118).

The Pearsons fail to provide any details of the state court case, including whether they are acting as plaintiffs or defendants therein. This obvious lack of detail, however, is ultimately of no consequence. If the Pearsons are acting as plaintiffs in the state court litigation, they have cited no authority*fn1 to support the proposition that this Court can independently divest a state court of jurisdiction over one of its cases. And, if the Pearsons are acting as defendants in the state court litigation, they have obviously not followed the proper procedures governing removal. See 28 U.S.C. § 1441, et seq. (2006).

For these reasons, the Court DENIES the instant motion (Doc. 7). IT IS SO ORDERED.


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