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Piper Jaffray & Co. v. Severini

United States District Court for the Western District of Wisconsin
443 F. Supp. 2d 1016 (W.D. Wis. 2006)


Facts

Piper Jaffray & Co. (Piper) (plaintiff) is a financial services provider incorporated in Delaware with its principal place of business in Minnesota. Nina Severini and David Lehrer (defendants) are Wisconsin citizens. Piper filed suit against the defendants in the United States District Court for the Western District of Wisconsin on June 23, 2006, requesting injunctive relief. On June 26, 2006, Piper voluntarily dismissed the case under Fed. R. Civ. P. Rule 41. The same day, Piper filed suit seeking injunctive relief in the Dane County Circuit Court. The circuit court judge granted Piper’s motion for a temporary restraining order, provided that Piper posted a $300,000 bond. Later on June 26, 2006, the defendants filed notice of removal on the basis of diversity jurisdiction under 28 U.S.C. § 1332. Piper argued that removal would violate the forum defendant rule of 28 U.S.C. § 1441(b). Therefore, Piper requested that the case be remanded back to the Wisconsin circuit court and that an award of attorney’s fees be entered in its favor. Piper then submitted a letter to the federal district court on June 30, 2006 requesting injunctive relief in the alternative.

Rule of Law

Issue

Holding and Reasoning (Shavaz, J.)

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