City of Geneseo v. Pyrotem Properties, L.L.C., an Iowa limited liability company et al
Plaintiff: City of Geneseo
Defendant: Unknown Owners and Non-Record Claimants, Dean Resser, The Farmers National Bank of Prophetstown and Pyrotem Properties, L.L.C., an Iowa limited liability company
Case Number: 4:2021cv04017
Filed: February 2, 2021
Court: US District Court for the Central District of Illinois
Presiding Judge: Sara Darrow
Referring Judge: Jonathan E Hawley
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2021 Opinion or Order TEXT ORDER: The Court has reviewed the Plaintiff/Counter-Defendant City of Geneseo's Objection to Defendants/Counter-Plaintiffs Pyrotem Properties, LLC and Dean Resser's Notice of Removal and/or Motion to Remand and Motion for Sanctions #4 . In its Objection and/or Motion to Remand and Motion for Sanctions, the Plaintiff-Counterdefendant argues that the Defendants-Counterplaintiffs' removal of this case to federal court was entirely frivolous, not warranted under existing law, flatly precluded by existing law, and was filed for an improper purpose. Thus, it requests Fed. R. Civ. P. 11 sanctions in the form of reimbursement of its fees and costs associated with having to defend against the frivolous removal. On February 3, 2021, the Court entered an order directing the Defendants-Counterplaintiffs to show cause by 2/17/2021 why this case should not be remanded for lack of federal subject matter jurisdiction. Six days AFTER the Court entered that order to show cause, the Plaintiff-Counterdefendant filed the instant Objection and Motion for Sanctions. In the Objection and Motion for Sanctions, the Plaintiff-Counterdefendant relied upon a case that the Court already had cited in its order to show cause. Beside the fact that the Motion for Sanctions was not made in compliance with Fed. R. Civ. P. 11(c)(2), the expense incurred in "having to defend against the frivolous removal" (Doc. 4 at pg. 5) was incurred of the Plaintiff-Counterdefendant's own choosing. The Court had already addressed the jurisdictional issue and directed the Defendants-Counterplaintiffs to respond. Put simply, it was entirely unnecessary for the Plaintiff-Counterdefendant to take any action in this case before the Defendants-Counterplaintiffs' show cause deadline of 2/17/2021. The Plaintiff/Counter-Defendant City of Geneseo's Objection to Defendants/Counter-Plaintiffs Pyrotem Properties, LLC and Dean Resser's Notice of Removal and/or Motion to Remand and Motion for Sanctions #4 is MOOT IN PART AND DENIED IN PART. The Motion to Remand is MOOT as the Defendants-Counterplaintiffs filed their Withdrawal of Notice of Removal #5 on February 9, 2021, and the Motion for Sanctions is DENIED. The Clerk is directed to CLOSE this case. Entered by Magistrate Judge Jonathan E. Hawley on 2/23/2021. (KZ)
February 22, 2021 Filing 6 Response by Pyrotem Properties, L.L.C., an Iowa limited liability company, Dean Resser re #4 Objection . (Zmuda, James)
February 9, 2021 Filing 5 WITHDRAWAL of Claim re #1 Notice of Removal, by Counter Claimants Pyrotem Properties, L.L.C., an Iowa limited liability company, Dean Resser, Defendants Pyrotem Properties, L.L.C., an Iowa limited liability company, Dean Resser. (Zmuda, James)
February 9, 2021 Filing 4 OBJECTION and/or Motion to Remand and Motion for Sanctions to #1 Notice of Removal, by City of Geneseo. (Kunkle, Kathleen)
February 8, 2021 Filing 3 NOTICE of Appearance of Attorney by Kathleen Margaret Kunkle on behalf of City of Geneseo (Kunkle, Kathleen)
February 3, 2021 Opinion or Order TEXT ORDER: The Court has reviewed Defendants-Counterplaintiffs Pyrotem Properties, L.L.C. and Dean Resser's Notice of Removal #1 . They are ordered to show cause why this case should not be remanded for lack of federal subject matter jurisdiction. In their Notice of Removal, the Defendants state this Court has original jurisdiction over Count I of the Counterclaims raised in the Illinois state court proceedings pursuant to 28 U.S.C. 1331 and 42 U.S.C. 1983. They also say removal of this action is proper under 28 U.S.C. 1441(c) as their Counterclaim I includes "a claim arising under the Constitution, laws or treaties of the United States." See Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826, 831 (2002) ("a counterclaim... cannot serve as the basis for 'arising under' jurisdiction"); Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1748 (2019) ("Section 1441(a) thus does not permit removal based on counterclaims at all, as a counterclaim is irrelevant to whether the district court had 'original jurisdiction' over the civil action"). The Defendants are ordered to show cause by 2/17/2021. Entered by Magistrate Judge Jonathan E. Hawley on 2/3/2021. (KZ, ilcd)
February 2, 2021 Filing 2 DEMAND for Trial by Jury by Pyrotem Properties, L.L.C., an Iowa limited liability company, Dean Resser. (Zmuda, James)
February 2, 2021 Filing 1 NOTICE OF REMOVAL from Henry County Fourteenth Judicial Court of Illinois, case number 2020CH36 (Filing fee $ 402 receipt number 0753-3582184), filed by Dean Resser, Pyrotem Properties, L.L.C., an Iowa limited liability company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zmuda, James)

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Defendant: Unknown Owners and Non-Record Claimants
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Defendant: Dean Resser
Represented By: James S Zmuda
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Defendant: The Farmers National Bank of Prophetstown
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Defendant: Pyrotem Properties, L.L.C., an Iowa limited liability company
Represented By: James S Zmuda
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Plaintiff: City of Geneseo
Represented By: Dan Bolin
Represented By: Kathleen Margaret Kunkle
Represented By: Megan Mack
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