Smithe, et al v. Director of Illinois Department of Public Health, et al
| TIMOTHY JOSEPH SMITHE and MARY ASTOR SMITHE |
| DIRECTOR OF ILLINOIS DEPARTMENT OF PUBLIC HEALTH, ILLINOIS SECRETARY OF STATE, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, COMMISSIONER OF INTERNAL REVENUE SERVICE, UNITED STATES ATTORNEY, UNITED STATES ATTORNEY GENERAL, ILLINOIS ATTORNEY GENERAL, SECRETARY STATE OF KANSAS, KANSAS ATTORNEY GENERAL, SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, POSTMASTER GENERAL UNITED STATES POSTAL SERVICE, AMERICAN EXPRESS, US BANK, LAKE MORTGAGE, OCWEN FINANCIAL CORP., TRISTATE CAPITAL BANK, WINTRUST FINANCIAL CORP., FIDELITY INVESTMENTS, H&R BLOCK, HRB TAX GROUP, INC., BANK OF AMERICA, WELLS FARGO, CAPITAL ONE, BUREAU OF INDIAN AFFAIRS, BUREAU OF FISCAL SERVICE, CITIBANK, N.A., JPMORGAN CHASE BANK, N.A., SECRETARY OF EDUCATION DEPARTMENT OF THE UNITED STATES, CITIMORTGAGE, INC., BYLINE BANCORP, INC., OLD NATIONAL BANK, DISCOVER FINANCIAL SERVICES and DISCOVER BANK |
| 26-3019 |
| February 6, 2026 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Fraud |
Docket Report
This docket was last retrieved on March 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 64 [11268511] Deficiency notice issued. Type of deficiency: appellants' brief and IFP forms not filed. Appellants' brief and IFP forms (or filing fee) now due by 04/06/2026 for Mary Astor Smithe and Timothy Joseph Smithe. [26-3019] [Entered: 03/30/2026 02:13 PM] |
| Filing 63 [11268502] Consent to electronic service filed by filed by Mary Astor Smithe and Timothy Joseph Smithe. Served on 03/30/1936. Manner of Service: email. [26-3019] [Entered: 03/30/2026 02:05 PM] |
| Filing 60 [11266233] Order filed by Clerk of the Court denying Appellants' motion for leave to file an entry of appearance out of time as unnecessary filed by Appellants Timothy Joseph Smithe and Mary Astor Smithe. Appellants' entry of appearance was filed on 03/23/2026. Served on 03/23/2026. [26-3019] [Entered: 03/23/2026 01:25 PM] |
| Filing 59 [11266136] Appellants' motion filed by Mary Astor Smithe and Timothy Joseph Smithe to file notice of appearance out of time. Served on 03/23/2026. Manner of Service: email. [26-3019] [Entered: 03/23/2026 11:18 AM] |
| Filing 58 [11266128] Entry of appearance filed by Mary Astor Smithe and Timothy Joseph Smithe. CERT. OF INTERESTED PARTIES: n. Served on 03/23/2026. Manner of Service: email. [26-3019] [Entered: 03/23/2026 11:15 AM] |
| Filing 61 [11266802] Attorney Grant Berning for Ocwen Financial Corp. admitted to the bar of this court. [26-3019] [Entered: 03/24/2026 02:48 PM] |
| Filing 57 [11264217] Order filed by Clerk of the Court denying Appellants' Motion for Leave to File Docketing Statement Out of Time as unnecessary. Our rules do not require pro se appellants to file docketing statements. As a reminder appellants' opening brief and motions to proceed with in forma pauperis status on the court's approved form are due on or before 03/23/2026. Served on 03/16/2026. [26-3019] [Entered: 03/16/2026 02:14 PM] |
| Filing 56 [11264098] Appellant's motion filed by Mary Astor Smithe and Timothy Joseph Smithe to file docketing statement out of timel. Served on 03/16/2026. Manner of Service: email. [26-3019] [Entered: 03/16/2026 11:39 AM] |
| Filing 55 [11260202] Entry of appearance filed by William John Easley for CitiMortgage, Inc. CERT. OF INTERESTED PARTIES: n. Served on 03/02/2026. Manner of Service: US mail, email [26-3019] [Entered: 03/03/2026 07:03 AM] |
| Filing 54 [11260157] Rule 26 Disclosure Statement filed by CitiMortgage, Inc.. More than 50 parties disclosed: no. Served on 03/02/2026. Manner of Service: US mail, email. [26-3019] WJE [Entered: 03/02/2026 04:04 PM] |
| Filing 53 [11260154] Entry of appearance submitted by William J. Easley for Appellee CitiMortgage, Inc. for court review. Certificate of Interested Parties: No. Served on 03/02/2026. Manner of Service: US mail, email. [26-3019]--[Edited 03/03/2026 by DJD. Removed PDF as pelading filed 3/3/26] WJE [Entered: 03/02/2026 04:02 PM] |
| Filing 52 [11260061] Entry of appearance filed by Adam Grissom Breeze for Bank of America. CERT. OF INTERESTED PARTIES: n. Served on 03/02/2026. Manner of Service: US mail, email [26-3019] [Entered: 03/02/2026 01:53 PM] |
| Filing 51 [11260037] Entry of appearance submitted by Adam Grissom Breeze for Appellee Bank of America and Not Parties BAC North America Holding Company, Bank of America Corporation and NB Holdings Corporation for court review. Certificate of Interested Parties: No. Served on 03/02/2026. Manner of Service: US mail. [26-3019]--[Edited 03/02/2026 by DJD. Removed PDF as pleading filed 3/2/26] AGB [Entered: 03/02/2026 12:32 PM] |
| Filing 50 [11258426] Admissions letter sent. Response date set to 03/26/2026 for Grant Berning. [26-3019] [Entered: 02/24/2026 11:35 AM] |
| Filing 49 [11258184] Notice of deficient motions received from appellants. Type of deficiency: Appellants' deficient motions for leave to proceed on appeal without prepayment of costs or fees, which are not on this court's forms. Corrected motions for leave to proceed on appeal without prepayment of costs or fees due 03/23/2026 for Mary Astor Smithe and Timothy Joseph Smithe. [26-3019] [Entered: 02/23/2026 03:03 PM] |
| Filing 48 [11258179] Rule 26 Disclosure Statement filed by JPMorgan Chase Bank, N.A.. More than 50 parties disclosed: no. Served on 02/23/2026. Manner of Service: US mail, email. [26-3019] WJE [Entered: 02/23/2026 03:00 PM] |
| Filing 47 [11258176] Rule 26 Disclosure Statement filed by Citibank, N.A.. More than 50 parties disclosed: no. Served on 02/23/2026. Manner of Service: US mail, email. [26-3019] WJE [Entered: 02/23/2026 02:57 PM] |
| Filing 45 [11257966] Deficiency notice issued. Disclosure statement due on 02/26/2026 for CitiMortgage, Inc., Citibank, N.A. and JPMorgan Chase Bank, N.A. Notice of appearance due on 02/26/2026 for CitiMortgage, Inc. [26-3019] [Entered: 02/23/2026 10:19 AM] |
| Filing 44 [11257836] Entry of appearance filed by Ms. Cynthia Marie Kern Melone for Bank of America. CERT. OF INTERESTED PARTIES: n. Served on 02/20/2026. Manner of Service: email, US mail. [26-3019] [Entered: 02/20/2026 04:18 PM] |
| Filing 43 [11257833] Rule 26 Disclosure Statement filed by Capital One and Discover Bank. More than 50 parties disclosed: no. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019] RMP [Entered: 02/20/2026 04:06 PM] |
| Filing 42 [11257808] Rule 26 Disclosure Statement filed by HRB Tax Group, Inc.. More than 50 parties disclosed: no. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019] AAD [Entered: 02/20/2026 03:35 PM] |
| Filing 41 [11257793] Rule 26 Disclosure Statement filed by Bank of America. More than 50 parties disclosed: no. Served on 02/20/2026. Manner of Service: US mail. [26-3019] CMK [Entered: 02/20/2026 03:17 PM] |
| Filing 40 [11257791] Entry of appearance submitted by Cynthia M. Kern Melone for Appellee Bank of America for court review. Certificate of Interested Parties: No. Served on 02/20/2026. Manner of Service: US mail. [26-3019] --[Edited 02/20/2026 by AT to remove PDF as pleading was filed on 2/20/2026.] CMK [Entered: 02/20/2026 03:15 PM] |
| Filing 39 [11257652] Entry of appearance filed by Cameron E. Grant for TriState Capital Bank. CERT. OF INTERESTED PARTIES: n. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019] [Entered: 02/20/2026 11:17 AM] |
| Filing 38 [11257636] Entry of appearance submitted by Cameron E. Grant for Appellee TriState Capital Bank for court review. Certificate of Interested Parties: No. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019] --[Edited 02/20/2026 by AT to remove PDF as pleading was filed on 2/20/2026.] CEG [Entered: 02/20/2026 10:55 AM] |
| Filing 37 This duplicate entry has been removed from the docket. [AT] [11257610] Entry of appearance submitted by Cameron E. Grant for Appellee TriState Capital Bank for court review. Certificate of Interested Parties: No. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019] CEG [Entered: 02/20/2026 10:01 AM] |
| Filing 36 [11257604] Rule 26 Disclosure Statement filed by TriState Capital Bank. More than 50 parties disclosed: no. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019] CEG [Entered: 02/20/2026 09:56 AM] |
| Filing 35 [11257559] Rule 26 Disclosure Statement filed by Wells Fargo. More than 50 parties disclosed: no. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019] MR [Entered: 02/20/2026 08:28 AM] |
| Filing 34 [11257524] Rule 26 Disclosure Statement filed by Fidelity Investments. More than 50 parties disclosed: no. Served on 02/20/2026. Manner of Service: US mail, email. [26-3019]--[Edited 02/20/2026 by AT - The parties listed were previously disclosed.] WHH [Entered: 02/20/2026 07:13 AM] |
| Filing 33 [11257465] Entry of appearance filed by Christopher S. Griesmeyer for Old National Bank. CERT. OF INTERESTED PARTIES: n. Served on 02/19/2026. Manner of Service: email [26-3019] [Entered: 02/19/2026 03:54 PM] |
| Filing 32 [11257462] Rule 26 Disclosure Statement filed by Old National Bank. More than 50 parties disclosed: no. Served on 02/19/2026. Manner of Service: US mail. [26-3019] CSG [Entered: 02/19/2026 03:51 PM] |
| Filing 31 [11257460] Entry of appearance submitted by Christopher S. Griesmeyer for Appellee Old National Bank for court review. Certificate of Interested Parties: No. Served on 02/19/2026. Manner of Service: US mail. --[Edited 02/19/2026 by MLB to remove pdf from docket; entry filed on 02/19/26][26-3019] CSG [Entered: 02/19/2026 03:49 PM] |
| Filing 30 [11257149] Entry of appearance filed by Grant Berning and Justin Nichols for Ocwen Financial Corp. CERT. OF INTERESTED PARTIES: n (all parties previously disclosed). Served on 02/19/2026. Manner of Service: email [26-3019] [Entered: 02/19/2026 07:28 AM] |
| Filing 29 [11257145] Rule 26 Disclosure Statement filed by Ocwen Financial Corp.. More than 50 parties disclosed: no. Served on 02/19/2026. Manner of Service: US mail, email. [26-3019] JN [Entered: 02/19/2026 06:58 AM] |
| Filing 28 [11257144] Entry of appearance submitted by Justin M. Nichols and Grant E. Berning for Appellee Ocwen Financial Corp. for court review. Certificate of Interested Parties: Yes. Served on 02/19/2026. Manner of Service: US mail, email. --[Edited 02/19/2026 by MLB to remove pdf from docket; entry filed on 2/19/26][26-3019] JN [Entered: 02/19/2026 06:57 AM] |
| Filing 27 [11256977] Rule 26 Disclosure Statement filed by Kansas Attorney General and Secretary State of Kansas. More than 50 parties disclosed: no. Served on 02/18/2026. Manner of Service: US mail, email. [26-3019] JN [Entered: 02/18/2026 01:16 PM] |
| Filing 26 [11256966] Entry of appearance filed by William John Easley for Citibank, N.A., JPMorgan and Chase Bank, N.A. CERT. OF INTERESTED PARTIES: n. Served on 02/18/2026. Manner of Service: US mail. [26-3019] [Entered: 02/18/2026 12:47 PM] |
| Filing 25 [11256963] Entry of appearance submitted by William J. Easley for Appellees Citibank, N.A. and JPMorgan Chase Bank, N.A. for court review. Certificate of Interested Parties: No. Served on 02/18/2026. Manner of Service: US mail. [26-3019]--[Edited 02/18/2026 by AT to remove PDF as pleading was filed on 2/18/2026.] WJE [Entered: 02/18/2026 12:06 PM] |
| Filing 24 [11256868] Rule 26 Disclosure Statement filed by Wintrust Financial Corp.. More than 50 parties disclosed: no. Served on 02/18/2026. Manner of Service: US mail, email. [26-3019] WHH [Entered: 02/18/2026 09:33 AM] |
| Filing 23 [11256717] Returned mail filed. Addressed To: Timothy Joseph Smithe at 203 South Clarence Street, Wichita, KS 67213. Reason Returned: Forwarding address expired, return to 115 South LasSalle Street, Suite 300, Chicago, IL 60603. Document Returned: 2/6/26 Case opening letter with forms. Action Taken: Remailed to 115 South LaSalle Street. [26-3019] [Entered: 02/17/2026 03:48 PM] |
| Filing 22 [11256686] Rule 26 Disclosure Statement filed by US Bank. More than 50 parties disclosed: no. Served on 02/17/2026. Manner of Service: US mail, email. [26-3019] RBO [Entered: 02/17/2026 02:54 PM] |
| Filing 21 [11256651] Entry of appearance filed by Mr. Christopher Allman for Bureau of Indian Affairs, United States Attorney General, Department of Homeland Security, United States Attorney, Commissioner of Social Security Administration, Commissioner of Internal Revenue Service, Secretary of Department of Health and Human Services, Postmaster General United States Postal Service, Bureau of Fiscal Service and Secretary of Education Department of the United States. CERT. OF INTERESTED PARTIES: n. Served on 02/17/2026. Manner of Service: email [26-3019] [Entered: 02/17/2026 01:54 PM] |
| Filing 20 [11256619] Entry of appearance submitted by Christopher Allman for Appellees Bureau of Fiscal Service, Bureau of Indian Affairs, Commissioner of Internal Revenue Service, Commissioner of Social Security Administration, Department of Homeland Security, Postmaster General United States Postal Service, Secretary of Department of Health and Human Services, Secretary of Education Department of the United States, United States Attorney and United States Attorney General for court review. Certificate of Interested Parties: No. Served on 02/17/2026. Manner of Service: US mail. --[Edited 02/17/2026 by MLB to remove pdf from docket; entry filed on 02/17/2026][26-3019] CA [Entered: 02/17/2026 01:15 PM] |
| Filing 19 [11256580] Entry of appearance filed by Michael Rudd for Wells Fargo. CERT. OF INTERESTED PARTIES: n. Served on 02/17/2026. Manner of Service: email [26-3019] [Entered: 02/17/2026 12:26 PM] |
| Filing 18 [11256544] Entry of appearance submitted by Michael J. Rudd for Appellee Wells Fargo for court review. Certificate of Interested Parties: No. Served on 02/17/2026. Manner of Service: US mail. --[Edited 02/17/2026 by MLB to remove pdf from docket; entry filed on 02/17/26][26-3019] MR [Entered: 02/17/2026 11:51 AM] |
| Filing 17 [11256524] Returned mail filed. Addressed To: Mary Astor Smithe. Reason Returned: No longer at address. Document Returned: 02/06/2026 Case Opening Letter. Action Taken: Forwarding address attached; 115 S La Salle St, Ste 300, Chicago IL 60603; will update address and resend document. [26-3019] [Entered: 02/17/2026 11:37 AM] |
| Filing 16 [11256240] Entry of appearance filed by William H. Henderson for and Juliet A. Cox for Fidelity Investments. CERT. OF INTERESTED PARTIES: y. Served on 02/13/2026. Manner of Service: US mail, email [26-3019]--[Edited 02/13/2026 by ART to attach pdf] [Entered: 02/13/2026 04:22 PM] |
| Filing 15 [11256122] Entry of appearance submitted by William H. Henderson and Juliet A. Cox for Appellee Fidelity Investments for court review. Certificate of Interested Parties: Yes. Served on 02/13/2026. Manner of Service: US mail, email. [26-3019]--[Edited 02/13/2026 by ART to remove pdf as pleading was filed on 02/13/2026] WHH [Entered: 02/13/2026 12:19 PM] |
| Filing 14 [11255802] Record on appeal filed. No. of Volumes: 2. Comments: Vol. I - Pleadings; Vol. II - Sealed Pleading. [26-3019] [Entered: 02/12/2026 01:01 PM] |
| Filing 13 [11255550] Entry of appearance filed by Deisy Pamela Saenz and Jon Newman for Kansas Attorney General and Secretary State of Kansas. CERT. OF INTERESTED PARTIES: n. Served on 02/11/2026. Manner of Service: US mail, email [26-3019] [Entered: 02/11/2026 04:20 PM] |
| Filing 12 [11255542] Jurisdictional review complete. Notice of appearance, fee or IFP forms, and appellants' brief due on 03/23/2026 for Mary Astor Smithe and Timothy Joseph Smithe. Record on appeal due for 10th circuit 03/04/2026. [26-3019] [Entered: 02/11/2026 04:00 PM] |
| Filing 11 [11255526] District court order denying leave to proceed in forma pauperis, dismissing motion for leave to file third amended complaint and dismissing in part, denying in part motion for service by publication and motion for sanctions. [26-3019] [Entered: 02/11/2026 03:45 PM] |
| Filing 10 [11255392] Entry of appearance submitted by Jon E. Newman and D. Pamela Saenz for Appellees Kansas Attorney General and Secretary State of Kansas for court review. Certificate of Interested Parties: No. Served on 02/11/2026. Manner of Service: US mail, email. [26-3019]--[Edited 02/11/2026 by ART to remove pdf as pleading was filed on 02/11/2026] JN [Entered: 02/11/2026 12:21 PM] |
| Filing 9 [11255201] Entry of appearance filed by Andrew Alexander DeMasi for HRB Tax Group, Inc. (H&R Block). CERT. OF INTERESTED PARTIES: n. Served on 02/10/2026. Manner of Service: email, US mail [26-3019] [Entered: 02/11/2026 07:30 AM] |
| Filing 8 [11255156] Entry of appearance submitted by A. Alexander DeMasi for Appellee H&R BlockHRB Tax Group, Inc. for court review. Certificate of Interested Parties: No. Served on 02/10/2026. Manner of Service: US mail, email. [26-3019]--[Edited 02/11/2026 by DJD. Removed PDF as pleading filed 2/11/26] AAD [Entered: 02/10/2026 04:19 PM] |
| Filing 7 [11255133] Entry of appearance filed by Ryan M. Peck for Discover Financial Services (Discover Bank) and Capital One. CERT. OF INTERESTED PARTIES: y. Served on 02/10/2026. Manner of Service: email, US mail [26-3019] [Entered: 02/10/2026 03:53 PM] |
| Filing 6 [11255123] Entry of appearance submitted by Ryan M. Peck for Appellees Capital One and Discover Financial Services for court review. Certificate of Interested Parties: No. Served on 02/10/2026. Manner of Service: US mail, email. [26-3019]--[Edited 02/10/2026 by DJD. Removed PDF as pleading filed 2/10/26] RMP [Entered: 02/10/2026 03:41 PM] |
| Filing 5 [11255072] Entry of appearance filed by Mr. William H. Henderson for Wintrust Financial Corp. CERT. OF INTERESTED PARTIES: y. Served on 02/10/2026. Manner of Service: US mail. [26-3019] [Entered: 02/10/2026 02:18 PM] |
| Filing 4 [11255066] Entry of appearance submitted by William H. Henderson for Appellee Wintrust Financial Corp. for court review. Certificate of Interested Parties: Yes. Served on 02/10/2026. Manner of Service: US mail, email. [26-3019] --[Edited 02/10/2026 by AT to remove PDF as pleading was filed on 28/10/2026.] WHH [Entered: 02/10/2026 02:01 PM] |
| Filing 3 [11254748] Entry of appearance filed by Ms. Rachel Beth Ommerman for US Bank. CERT. OF INTERESTED PARTIES: n. Served on 02/09/2026. Manner of Service: US mail, email [26-3019] [Entered: 02/09/2026 07:02 PM] |
| Filing 2 [11254487] Entry of appearance submitted by Rachel B. Ommerman for Appellee US Bank for court review. Certificate of Interested Parties: No. Served on 02/09/2026. Manner of Service: US mail, email. [26-3019]--[Edited 02/09/2026 by ART to remove pdf as pleading was filed on 02/09/2026] RBO [Entered: 02/09/2026 11:01 AM] |
| Filing 1 [11254210] Civil case docketed. Preliminary record filed. DATE RECEIVED: 02/06/2026 Notice of appearance due on 02/20/2026 for Bank of America, Bureau of Fiscal Service, Bureau of Indian Affairs, Capital One, CitiMortgage, Inc., Citibank, N.A., Commissioner of Internal Revenue Service, Commissioner of Social Security Administration, Department of Homeland Security, Discover Financial Services, Fidelity Investments, H&R Block, JPMorgan Chase Bank, N.A., Kansas Attorney General, Ocwen Financial Corp., Old National Bank, Postmaster General United States Postal Service, Secretary State of Kansas, Secretary of Department of Health and Human Services, Secretary of Education Department of the United States, TriState Capital Bank, US Bank, United States Attorney, United States Attorney General, Wells Fargo and Wintrust Financial Corp., and Notice of appearance due on 03/09/2026 for Mary Astor Smithe and Timothy Joseph Smithe. Disclosure statement due on 02/20/2026 for Bank of America, Capital One, CitiMortgage, Inc., Citibank, N.A., Fidelity Investments, H&R Block, JPMorgan Chase Bank, N.A., Ocwen Financial Corp., Old National Bank, TriState Capital Bank, US Bank, Wells Fargo and Wintrust Financial Corp.. Fee or ifp forms due 03/09/2026 for Mary Astor Smithe and Timothy Joseph Smithe. [26-3019] [Entered: 02/06/2026 12:15 PM] |
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