MB Financial, N.A. v. Stevens

Dist. Ct. did not err in remanding back to Illinois state court instant lawsuit that had at time of removal pending motions by defendants seeking Rule 137 sanctions against plaintiff’s counsel, after Dist Ct. found that instant lawsuit had been improperly removed under 28 USC section 1441. Plaintiff’s counsel could not properly remove state court action since: (1) plaintiff’s counsel was not party in state court action; (2) plaintiff’s counsel was not defendant; (3) removal required consent of all defendants, and none of instant six defendants had consented to removal; and (4) all six defendants were citizens of Illinois, which would preclude removal under 28 USC 1441(b). Ct. further found that $12,587 in sanctions imposed by Dist. Ct. against plaintiff’s counsel due to improper removal was reasonable, and that defendants were entitled to legal fees generated by defendants in instant appeal.