Washburn County v. Seidling, Bernard
| Washburn County |
| Bernard Seidling |
| 3:2021cv00521 |
| August 18, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Defendant |
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This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.
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Filing 2
** TEXT ONLY ORDER ** Bernard Seidling has filed two documents that he calls a "notice of removal and counterclaim." The clerk of court has filed these documents as new cases under No. 21-cv-521-jdp and No. 21-cv-522-jdp. But Seidling didn't comply with 28 U.S.C. 1441(a), which required him to identify what cases he intends to remove from state court, explain his grounds for removal, and provide a copy of the pleadings filed in state court. Those defects could be cured with amended notices, but there is another problem. Specifically, Seidling states in both notices that he hasn't yet been served with a complaint in either case. Under 1441(b), a defendant in a state-court action may not remove a case until he has been served. So these cases are DISMISSED without prejudice. If Seidling wishes to file new notices of removal, he must comply with all the requirements in 1441. Signed by District Judge James D. Peterson on 8/20/2021. (kmd),(ps)
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| Filing 1 NOTICE OF REMOVAL and CounterClaim (Filing fee $ 402, receipt number 34690039352) filed by Bernard Seidling. (jef) |
| Judge update in case. Case now assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jef),(ps) |
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| Plaintiff: Washburn County | |
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| Defendant: Bernard Seidling | |
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