IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISION
JONATHAN PHILLIPS, :BRIAN LOKER, ADAM :SMESTAD, XAVIER HAILEY, :BRENT DAVIDSON, SHELLYE :TAYLOR, ALLISON LEARY, :on behalf of themselves :and all others similarly situated, ::
Plaintiffs, ::v. :: Hon. Milton Shadur DE PAUL UNIVERSITY COLLEGE :OF LAW, and DOES 1-20, ::Defendants. ::
PLAINTIFFS’ MOTION TO REMAND
Jonathan Phillips, Brian Loker, Adam Smestad, Xavier Hailey, Brent Davidson, ShellyeTaylor, and Allison Leary (“Plaintiffs”), on behalf of themselves and all others similarly situated,hereby request the entry of an order remanding this case to the Circuit Court of Cook County andstate the following in support thereof:
This Court is without subject matter jurisdiction to preside over this action. DefendantDe Paul University (“De Paul” or “Defendant”) removed this action pursuant to the provisions of the Class Action Fairness Act of 2005 (“CAFA”), which creates federal subject matter jurisdiction over nationwide class actions where,
there is minimal diversity and anaggregated amount in controversy of more than $5 million. 28 U.S.C. § 1332(d)(2). The burdenof proving CAFA's jurisdictional prerequisites falls on the removing defendant.