US Bank vs. Padgett et al
| Darlene Padgett and All Unknown Occupants |
| US Bank NA |
| 2:2023cv02144 |
| July 7, 2023 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Rent Lease & Ejectment |
| None |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 8/8/2023. On July 7, 2023, Defendant removed #1 Plaintiff's eviction complaint from the Circuit Court of Macon County, Illinois. On July 17, 2023, this court remanded #5 the matter for lack jurisdiction. Defendant has now filed a Motion to Amend or Alter the Judgment of July 17, 2023 #8 , seeking reconsideration of that ruling. That Motion cites as bases for federal jurisdiction the same bases cited in Defendant's original Notice of Removal, namely, various constitutional deprivations and diversity of the parties. This court rejected those arguments in its original Order #5 , and now does so again. See Oto v. Metro. Life Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000) (motions for reconsideration that rehash old arguments and do not demonstrate a misapplication of law should be rejected); see also Barrington Bank & Tr. Co., Nat'l Ass'n v. Fed. Deposit Ins. Corp., 2015 WL 1888284, at *5 (N.D. Ill. Apr. 24, 2015) ("[E]viction claims are state-law causes of action and are subject to the ordinary federal-jurisdictional rules governing state-law claims."). Accordingly, Defendant's Motion #8 is DENIED. (JMB)
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| Filing 8 MOTION to Amend or Alter the Order of July 17, 2023 re: Order #5 by Plaintiff US Bank NA. Responses due by 8/9/2023. (TC) |
| Filing 7 Letter from the Clerk of Court to Macon Co. Circuit Court remanding case. (TC) |
| Filing 6 JUDGMENT entered. (TC) |
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Filing 5
ORDER entered by Judge Colin Stirling Bruce on 7/17/23. The matter is REMANDED to the Circuit Court of Macon County, Illinois. Darlene Padgett's Motion for Leave to Proceed In Forma Pauperis #2 is DENIED as moot. See written Order. (TC)
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| Filing 4 ANSWER TO EVICTION COMPLAINT, AFFIRMATIVE DEFENSE, COUNTERCLAIM by Plaintiff Darlene Padgett. (JJK) |
| Filing 3 COMPLAINT FOR NOTICE OF REMOVAL from Macon County, case number 2023EV298, filed by Darlene Padgett.(JJK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Darlene Padgett. Responses due by 7/21/2023 (Attachments: #1 summons, #2 USM 285)(JMB) |
| Filing 1 COMPLAINT against Darlene Padgett and All Unknown Occupants filed by US Bank NA, removed by Darlene Padgett, All Unknown Occupants. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(JMB) Modified on 7/17/2023 to correct Plaintiff/Defendant identification (TC). |
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