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Capitol One v. Degner

United States District Court, E.D. Wisconsin
Jan 23, 2006
Case No. 06-C-67 (E.D. Wis. Jan. 23, 2006)

Opinion

Case No. 06-C-67.

January 23, 2006


OPINION AND ORDER


This is Defendant Barry P. Degner's second attempt to remove this case from the Circuit Court for Waukesha County (Wisconsin). This court remanded the case on his first attempt because there was no basis for subject matter jurisdiction. Degner has attempted to correct this deficiency by pointing out that an arbitration award preceded the state court action. He concludes that, therefore, this action arises under the Federal Arbitration Act. See 9 U.S.C. §§ 1- 16. The Complaint filed in state court contains no claim under the federal Arbitration Act which, in any case, does not independently confer jurisdiction. See generally City of Chicago v. Comcast Cable Holdings, L.L.C., 384 F3d 901 (7th Cir. 2004). Therefore, because Degner has not established that this court has jurisdiction over the subject matter of this case, the court ORDERS that this action is remanded to the Circuit Court of Waukesha County.

IT IS FURTHER ORDERED that a certified copy of this Order of remand shall be mailed to the Clerk of the Circuit Court for Waukesha County whereupon that court may proceed with this case.

IT IS FURTHER ORDERED that the "Petition to Proceed Without Prepayment of Fees and/or Costs" (filed January 15, 2006) IS DENIED.

Done and Ordered.


Summaries of

Capitol One v. Degner

United States District Court, E.D. Wisconsin
Jan 23, 2006
Case No. 06-C-67 (E.D. Wis. Jan. 23, 2006)
Case details for

Capitol One v. Degner

Case Details

Full title:CAPITOL ONE, Plaintiff, v. BARRY P. DEGNER, Defendant

Court:United States District Court, E.D. Wisconsin

Date published: Jan 23, 2006

Citations

Case No. 06-C-67 (E.D. Wis. Jan. 23, 2006)