People of the State of Illinois, ex. rel Thomas Briddick v. Zhu et al
| People of the State of Illinois, ex rel Thomas P Briddick |
| Meilan Zhu and Qin Li |
| 4:2024cv04045 |
| March 7, 2024 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Forfeit/Penalty: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
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This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Chief Judge Sara Darrow on April 15, 2024. Defendants #1 removed this Illinois state court action then filed a #2 motion to dismiss the complaint for forfeiture. They have now filed a #3 Motion to Voluntarily Dismiss Notice of Removal. Defendants purport to move for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i) which allows for dismissal of an action if a movant files a notice of dismissal before the opposing party answers. Defendants acknowledge that voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) "is self-executing and effective without further action from the court," yet also request that the Court enter an order remanding the case. #3 Mot. 2-3. Moreover, "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Here, Defendants request not the dismissal of the entire action, but only dismissal of the notice of removal. The Court construes Defendants' #3 request as a motion to remand. Plaintiff has filed no objection. The Court GRANTS the #3 motion and REMANDS the case to Bureau County, Illinois. The Clerk is directed to close the case. (ARR)
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| Remark: Case closed pursuant to 4/15/2024 Text Order. (RES) |
| Filing 3 MOTION to Dismiss Notice of Removal Voluntarity by Defendants Qin Li, Meilan Zhu. Responses due by 4/10/2024 (Farrales, Anna) |
| Filing 2 First MOTION to Dismiss VERIFIED COMPLAINT FOR FOFEITURE by Defendants Qin Li, Meilan Zhu. Responses due by 3/28/2024 (Farrales, Anna) |
| Filing 1 NOTICE of Removal (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Farrales, Anna) |
| Chief Judge Sara Darrow and Magistrate Judge Jonathan E. Hawley added. (JJK) |
| Filing fee received: $405, receipt number 400000668 (JJK) |
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