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Date: 07-24-2020

Case Style:

Dianna Stock v. Charles R Berkler, II, David B Larson and Koleaseco, Inc.

Case Number: 2:20-cv-02156-CSB-EIL

Judge: Colin Stirling Bruce

Court: United States District Court for the Central District of Illinois (Champaign County)

Plaintiff's Attorney:


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Defendant's Attorney: Korissa Marie Zickrick and Ted L. Perryman

Description:





Urbana, IL - Dianna Stock sued Charles R Berkler, II, David B Larson and Koleaseco, Inc. on personal injury, auto negligence and respondeat superior theories claiming to have been injured and/or damaged as a direct result of a car truck wreck caused by the Defendants.

This case was filed in the Champaign County Circuit Court, 2020L 000037, and was removed to federal court by the Defendants.

The Federal District Courts are court of limited jurisdiction and normally to not adjudicate car and truck wrecks. The Federal Courts have jurisdiction over car and truck wrecks only it the amount if issue is greater than $75,000 and there is complete diversity of citizenship between the plaintiff and the defendant.

Outcome: TEXT ORDER entered by Judge Colin Stirling Bruce on 7/24/2020. On June 9, 2020, Defendants Larson and Koleaseco filed a Notice of Removal 1 removing this case from the Circuit Court of the Sixth Judicial Circuit, Champaign County, Illinois, based on purported "diversity" jurisdiction pursuant to 28 U.S.C. section 1332(a) and 1441. Also on June 9, 2020, Defendants Larson and Koleaseco filed a Stipulation of Removal 4 that asserts in relevant part, "Defendant Charles Berkler, II is a citizen of Illinois." On July 8, 2020, Plaintiff filed a Motion to Remand 10 . Defendants Larson and Koleaseco have not filed a response as required by Local Rule 7.1(B)(2) so the court may presume Defendants Larson and Koleaseco have no objection, and rule accordingly. Defendant Charles Berkler, II is a citizen of Illinois, and has been served with process. See 4 and (#10-3). There is no indication Berkler was improperly joined as a Defendant, as his alleged negligence is squarely at issue in the suit. Section 1441(b)(2) the removal statute provides that "a civil action otherwise removeable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." See also Morris v. Nuzzo, 718 F.3d 660, 664-67 (7th Cir. 2013). Plaintiff's Motion to Remand 10 is GRANTED. This action is REMANDED to the Circuit Court of the Sixth Judicial Circuit, Champaign County, Illinois, for lack of subject matter jurisdiction, and this case is TERMINATED. (JMB, ilcd) (Entered: 07/24/2020)

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