District IV
February 12, 2015
To:
Hon. Maryann Sumi
Circuit Court Judge
Dane County Courthouse
215 South Hamilton, Br 2, Rm 7105
Madison, WI 53703
Carlo Esqueda
Clerk of Circuit Court
Room 1000
215 South Hamilton
Madison, WI 53703
Matthew W. Kurlinski
Laura A. Lindner
Littler Mendelson
111 E. Kilbourn Ave., Ste. 1000
Milwaukee, WI 53202-6675
Pastori M. Balele
6777 Schroeder Road #4
Madison, WI 53711
You are hereby notified that the Court has entered the following opinion and order:
|
|
|
|
|
|
|
|
|
|
Pastori M. Balele v. Sears, Roebuck & Co. (L.C. # 2012CV514) |
|
|
|
|
|
Before Blanchard, P.J., Lundsten and Higginbotham, JJ.
Pastori Balele appeals the circuit court’s order that denied his motion to reopen a previously dismissed civil action that Balele had filed against Sears, Roebuck & Co. After reviewing the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21 (2013-14).[1] We affirm.
The circuit court denied Balele’s motion to reopen his case on the grounds that the court lacked jurisdiction to do so. The record shows that Sears filed a notice of removal of “all further proceedings” in the action to federal court. The federal court subsequently issued a decision dismissing Balele’s entire case with prejudice, without remanding any issues to the state court. Balele cites no authority that would undermine the basic proposition cited by Sears that, once a matter has been removed to federal court, the state court’s jurisdiction ends and can be restored only by a remand from the federal court. See, e.g., E.D. Sys. Corp. v. Southwestern Bell Tel. Co., 674 F.2d 453, 457-58 (5th Cir. 1982). In short, the circuit court’s ruling that it lacked jurisdiction was plainly correct.
IT IS ORDERED that the order denying Balele’s motion to reopen his civil case against Sears, Roebuck & Co. is summarily affirmed under Wis. Stat. Rule 809.21(1).
Diane M. Fremgen
Clerk of Court of Appeals