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The Bank of New York Mellon v. Melanie G. Vaughn

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


May 30, 2012

THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-22 FORMERLY KNOWN AS BANK OF NEW YORK, PLAINTIFF,
v.
MELANIE G. VAUGHN, 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 pursuant to a lien payoff and to remand to state court (Doc. 18). Specifically, plaintiffs move to dismiss the government as plaintiff has paid the quoted US/IRS tax lien payoff figure. Further, plaintiff contends that remand to the St. Clair 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 tax lien payoff, the Court DISMISSES the United States of America as a defendant in this matter. Further, as this Court lack subject matter jurisdiction over the remaining claims, the Court REMANDS the case to the St. Clair County, Illinois Circuit Court.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

2012.05.30 22:15:41 -05'00'


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