On January 7, 1993, Chase filed a one-count complaint against Shop 'N Save in Illinois state court (the "first action") alleging that its failure to properly light, patrol, and post warnings in the parking lot proximately caused her injuries. In 1992, Jacqueline Chase was attacked in defendant's grocery store parking lot by an unknown assailant. For the reasons below, we affirm the district court. Chase asks our court to reverse the district court's denial of remand and award of costs. The deja vu ends here, however, because Chase did not withdraw the second claim, and the district court went on to award summary judgment for Shop 'N Save and to assign Chase costs for the time defendant spent preparing its second motion in opposition to remand. Again, Chase filed in Illinois state court, again Shop 'N Save removed the action, again Chase moved for remand on the grounds of jurisdictional amount, and again the district court denied the remand. Two years later she returned to litigate the identical claim. Chase moved to remand for insufficient jurisdictional amount, was denied, and then voluntarily withdrew the action. The first time around, Shop 'N Save removed the case to federal court on diversity grounds. ("Shop 'N Save") in Illinois state court arising from a 1992 assault in one of defendant's grocery store parking lots.
Chase twice brought a negligence action against Shop 'N Save Warehouse Foods, Inc.
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