521 F. Supp. 1012 | S.D. Ill. | 1981
ORDER
Before the Court is the Motion to Remand of plaintiff Nellie Mason. It is agreed by the parties that the petition was not filed in this Court within thirty (30) days after receipt by the defendant of a copy of the initial pleading setting forth the claim for relief upon which the action is based as required by 28 U.S.C. § 1446. However, defendant argues that its thirty day period for removal commenced with the ruling by the state court on defendant’s Motion for Transfer of Venue in which defendant sought a transfer of venue from Madison County to Crawford County, Illinois. Since 28 U.S.C. § 1446(a) requires removal to the court in the district and division in which an action is pending, and since Crawford County and Madison County are in different divisions of the Southern District, defendant argues that it could not remove the case until it was aware of the proper division of the Southern District to which the case should be removed.
Accordingly, the Motion to Remand is hereby GRANTED, and the case is hereby REMANDED to the Circuit Court of the Third Judicial Circuit, Madison County, Illinois.
IT IS SO ORDERED.