Harrell v. FCA US LLC
| Joseph Harrell |
| FCA US LLC |
| 2:2018cv02190 |
| July 17, 2018 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Champaign |
| Colin Stirling Bruce |
| Eric I Long |
| Contract: Other |
| 15 U.S.C. ยง 2301 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/23/2018. Pursuant to the Stipultion of Dismissal Without Prejudice #10 and Rule 41(a) of the Federal Rules of Civil Procedure, this matter is hereby terminated. All pending motions are denied as moot and all scheduled deadlines and court settings are vacated. (KE, ilcd)
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| Filing 10 STIPULATION of Dismissal without Prejudice by Joseph Harrell. (Lemberg, Sergei) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/17/2018. On July 17, 2018, Plaintiff filed his Complaint #1 alleging violations of the federal Magnusson-Moss Warranty Act, 15 U.S.C. Sec 2310, et seq. Plaintiff's Complaint also asserted several Illinois state law claims. On August 16, 2018, the parties filed a "Stipulation to Remand Action to the State Court" #9 . The stipulation states that the parties agree and stipulate that, pursuant to 28 U.S.C. Sec 1447(c), this action "shall be remanded to the Sixth Judicial Circuit Court of Champaign County, Illinois, due to jurisdictional issues between the parties." 28 U.S.C. Sec 1447(c) governs the procedure for remanding a case back to state court once it has been removed to federal court. This case, however, was initiated in federal court; not removed from state court. Section 1447, therefore, does not apply. The parties do not cite any authority (nor has the Court, through its own research, found any authority) for the type of "reverse removal" that the parties seek. 28 U.S.C. Sections 1441-1455 all deal with the procedures for removing a case that was originally filed in state court to federal court, and then remanding the case back to state court if the federal court does not have or subsequently loses jurisdiction. While the parties indicate that they have "jurisdictional issues," the Complaint #1 contains a claim under a federal statute, the Magnusson-Moss Warranty Act, 15 U.S.C. Sec 2310, and therefore the Court, at this time, has jurisdiction over this case. See 28 U.S.C. Sec 1331. Thus, the Court has no authority to "remand" a case to the Champaign County Court that did not originate there. This case remains pending in this Court. (KE, ilcd)
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| Filing 9 STIPULATION to Remand Action to The State Court by Joseph Harrell.. (Lemberg, Sergei) |
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Filing 8
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 8/8/2018. Rule 16 Scheduling Conference set for 9/25/2018 at 11:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order. (KE, ilcd)
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| Filing 7 NOTICE of Appearance of Attorney by Amanda J Bonanotte on behalf of FCA US LLC (Bonanotte, Amanda) |
| Filing 6 NOTICE of Appearance of Attorney by Timothy Val Hoffman on behalf of FCA US LLC (Hoffman, Timothy) |
| Filing 5 SUMMONS Returned Executed by Joseph Harrell. FCA US LLC served on 7/26/2018, answer due 8/16/2018. (Hirnyk, Vlad) |
| Filing 4 Summons Issued as to FCA US LLC (original mailed to Lemberg Law LLC for service). (KM, ilcd) |
| Filing 3 NOTICE of Appearance of Attorney by Vlad Hirnyk on behalf of Joseph Harrell (Hirnyk, Vlad) |
| Filing 2 NOTICE of Appearance of Attorney by Sergei Lemberg on behalf of Joseph Harrell (Lemberg, Sergei) |
| Filing 1 COMPLAINT against FCA US, LLC, f/k/a Chrysler Group LLC ( Filing fee $ 400 receipt number 0753-2881791.), filed by Joseph Harrell. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Hirnyk, Vlad) |
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| Defendant: FCA US LLC | |
| Represented By: | Amanda J Bonanotte |
| Represented By: | Timothy Val Hoffman |
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| Plaintiff: Joseph Harrell | |
| Represented By: | Sergei Lemberg |
| Represented By: | Vlad Hirnyk |
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