IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
July 30, 2012
QUICK STOP FOOD SHOP, INC., PLAINTIFF,
VILLAGE OF CAHOKIA, ILLINOIS A MUNICIPAL CORPORATION AND GARY CORNWELL, MAYOR AND LIQUOR COMMISSIONER OF THE VILLAGE OF CHAHOKIA, ILLINOIS. DEFENDANTS.
The opinion of the court was delivered by: Herndon, Chief Judge:
Today, the Court granted plaintiff's motion for leave to file first amended complaint and plaintiff filed the same (Docs. 16 & 17).*fn1 The first amended complaint contains only one count against the Village of Cahokia, Illinois and Gary Cornwell -a state law claim for writ of mandamus directing defendants to return plaintiff's liquor license. It is clear from the first amended complaint that this Court no longer has federal question jurisdiction of this matter as the case only contains a state law cause of action. While the Court may still exercise supplemental jurisdiction over the state law claim, there is no reason to do so here. The Seventh Circuit observed that when "the federal claim drops out before trial and only the supplemental jurisdiction provides any basis for decision, then remand is presumptively appropriate." Cadleway Properties, Inc. v. Ossian State Bank, 478 F.3d 767, 769-70 (7th Cir. 2007). Accordingly, the Court GRANTS plaintiff's motion to remand (Doc. 14) and REMANDS this matter to the St. Clair County, Illinois Circuit Court.
IT IS SO ORDERED.
Digitally signed by
David R. Herndon Chief Judge United States District Court