Canali v. Chamanara
| Jennifer Canali |
| Fred Chamanara |
| 1:2023cv03677 |
| June 12, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| P.I.: Assault Libel & Slander |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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| Document Text |
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| REMAND with certified copy of Minute Entry #9 dated 6/20/2023, Judgment #10 dated 6/20/2023, and letter to Circuit Court of Cook County via email. (jk2, ) |
| Filing 10 ENTERED JUDGMENT on 6/20/2023. Mailed notice. (jlj, ) |
| Filing 9 MINUTE entry before the Honorable Lindsay C. Jenkins: Not every diversity case qualifies for removal. 28 U.S.C. 1441(b)(2), also known as the forum defendant rule, provides that a state lawsuit otherwise removeable solely on the basis of diversity jurisdiction "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." 1441(b)(2). Here, upon further review of the notice of removal #1 , removal was prohibited. Under the diversity statute of 1332, the citizenship of an individual is determined by where he is "domiciled," which is where he intends to live for the foreseeable future. See Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). By his own admission in the notice of removal, Defendant Fred Chamanara is a domiciled in Illinois. [See Dkt. #1 at 1 (Defendant "Fred lives primarily in the State of Illinois")]. And because Plaintiff as the non-removing party promptly objected to removal within the 30-day period provided by 1447(c), remand is required. Hurley v. Motor Coach Indus., Inc., 222 F.3d 377, 379 (7th Cir. 2000) ("The rule is designed to preserve the plaintiff's choice of a (state) forum, under circumstances where it is arguably less urgent to provide a federal forum to prevent prejudice against an out-of-state party. After removal, if the plaintiff wants to remain in state court, she can file a timely motion for remand.") The pending motion to remand #7 , which raised other grounds in support of remand, is stricken as moot, as is the briefing schedule. The Clerk shall remand this case to the Circuit Court of Cook County, forthwith. Civil Case Remanded.Mailed notice. (jlj, ) |
| Filing 8 MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to remand #7 is entered and continued. Defendant's response to the motion to remand is due on or before July 13, 2023 and Plaintiff's reply is due by July 27, 2023. Mailed notice. (jlj, ) |
| Filing 7 MOTION by Plaintiff Jennifer Canali to remand to state court (Deutschman, Jeffrey) |
| Filing 6 ATTORNEY Appearance for Plaintiff Jennifer Canali by Jeffrey S. Deutschman (Deutschman, Jeffrey) |
| Filing 5 MAILED Notice of Removal letter to counsels of record. (jk2, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jk2, ) |
| Filing 4 ATTORNEY Appearance for Defendant Fred Chamanara by James B. Zaczek (Zaczek, James) |
| Filing 3 CIVIL Cover Sheet (Zaczek, James) |
Filing 2
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Fred Chamanara is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (evw, )
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| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (20 L 9367) filed by Fred Chamanara Filing fee $ 402, receipt number AILNDC-20725513. (Attachments: #1 Exhibit Exhibits 1-6)(Zaczek, James) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable David M. Weisman. Case assignment: Random assignment. (evw, ) |
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| Plaintiff: Jennifer Canali | |
| Represented By: | Jeffrey S. Deutschman |
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| Defendant: Fred Chamanara | |
| Represented By: | James B. Zaczek |
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