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Wells Fargo Bank, N.A v. Christopher A. Askins

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


December 5, 2011

WELLS FARGO BANK, N.A., PLAINTIFF,
v.
CHRISTOPHER A. ASKINS, ET AL., DEFENDANTS.

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

ORDER

Pending before the Court is plaintiff's motion to dismiss defendants United States of America and Secretary of Housing and Urban Development pursuant to settlement and to remand to state court (Doc. 43). Specifically, plaintiffs move to dismiss the government defendants as counsel for "Plaintiff sent certified funds sufficient to extinguish the United States' lien in the amount of $6,319.04 pursuant to a payoff letter and instructions provided to Plaintiff by the United States Attorney's office." (Doc. 43, p.2). Further, plaintiff's contend that remand to the Madison County, Illinois Circuit Court is proper as no basis for the continued exercise of federal jurisdiction exists.*fn1 Based on the reasons stated in the motion, the Court GRANTS the motion. Pursuant to the settlement, the Court DISMISSES the United States of America and the Secretary of Housing and Urban Developments as defendants. Further, as this Court lack subject matter jurisdiction over the remaining claims, the Court REMANDS the case to the Madison County, Illinois Circuit Court.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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