October 2, 2013
ANDREW HAROLD SCHMITT, Plaintiff,
BOMMARITO NORTH COUNTY, INC., , Defendants.
DAVID R. HERNDON, Chief District Judge.
Now pending before the Court is plaintiff Andrew Harold Schmitt's motion to remand to the Circuit Court of Madison County, Illinois (Doc. 28). Plaintiff argues that the Rule of Unanimity and 28 U.S.C. § 1446(b) require that the case be remanded because all of the defendants who were served with the summons and complaint did not join in the removal or file written consents to the removal. This motion was filed on June 6, 2013. As of this date, defendants have not responded. Pursuant to Local Rule 7.1(c), the Court considers this failure an admission of the merits of the motion.
Accordingly, the Court GRANTS plaintiff Andrew Harold Schmitt's motion for remand (Doc. 28) and REMANDS this matter to the Circuit Court of Madison County, Illinois.
IT IS SO ORDERED.