Smith et al v. Fifth Third Mortgage Company
| Sheila Cantrell and Christopher H. Smith |
| Fifth Third Mortgage Company, Donald Haddaway, Michael Reese, Edward Steed, Safeguard Properties, LLC and Montrelle Reese each individually doing business as MWorks |
| 1:2015cv05820 |
| July 1, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Harry D Leinenweber |
| Real Property: Torts to Land |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on October 7, 2016. A more recent docket listing may be available from PACER.
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| Filing 78 MAILED Remand with Certified copy of Order dated 9/20/16 to Circuit Court of Cook County via email. (gcy, ) |
| Filing 77 MINUTE entry before the Honorable M. David Weisman: In light of the District Judge's dismissal of this case #76 , all matters relating to the referral of this case have been resolved. Status hearing set for 10/19/16 before Magistrate Judge Weisman is hereby stricken with no appearance required. Referral terminated. Mailed notice (ao,) |
| Filing 76 MINUTE entry before the Honorable Harry D. Leinenweber: By mutual consent, this case is remanded back to the Circuit Court of Cook County, Illinois. The case is dismissed. Civil case terminated. Mailed notice (jms, ) |
| Filing 75 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held and continued to 9/21/2016 at 09:00 AM regarding Haddaway defendants' motion for extension of time to file answer #73 .Mailed notice (jms, ) |
| Filing 74 NOTICE of Motion by Emily R Schroeder for presentment of motion for extension of time to file answer #73 before Honorable Harry D. Leinenweber on 9/13/2016 at 09:30 AM. (Schroeder, Emily) |
| Filing 73 MOTION by Defendants Donald Haddaway, Michael Reese, Montrelle Reese, Safeguard Properties, LLC, Edward Steed for extension of time to file answer or Otherwise Plead (Attachments: #1 Notice of Filing Notice of Motion)(Schroeder, Emily) |
| Filing 72 ATTORNEY Appearance for Defendants Donald Haddaway, Michael Reese, Montrelle Reese, Safeguard Properties, LLC, Edward Steed by Kenneth A. Perry (Perry, Kenneth) |
| Filing 71 ATTORNEY Appearance for Defendants Donald Haddaway, Michael Reese, Montrelle Reese, Safeguard Properties, LLC, Edward Steed by Bethany Corinne Poulos (Poulos, Bethany) |
| Filing 70 NOTICE by Fifth Third Mortgage Company re answer to amended complaint #69 (Binetti, Timothy) |
| Filing 69 ANSWER to amended complaint (Answer and Affirmative Defenses to Third Amended Complaint) by Fifth Third Mortgage Company(Binetti, Timothy) |
| Filing 68 ATTORNEY Appearance for Defendants Donald Haddaway, Michael Reese, Montrelle Reese, Safeguard Properties, LLC, Edward Steed by Emily R Schroeder (Schroeder, Emily) |
| Filing 67 Third AMENDED complaint by Christopher H. Smith, Sheila Cantrell against All Defendants (Attachments: #1 Exhibit, #2 Exhibit, #3 Notice of Filing)(Matton, Douglas) |
| Filing 66 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 8/17/2016. Plaintiffs' Motion for leave to file amended complaint #64 is granted. Mailed notice (wp, ) |
| Filing 65 NOTICE of Motion by Douglas Michael Matton for presentment of motion for leave to file #64 before Honorable Harry D. Leinenweber on 8/17/2016 at 09:30 AM. (Matton, Douglas) |
| Filing 64 MOTION by Plaintiffs Sheila Cantrell, Christopher H. Smith for leave to file (Attachments: #1 Exhibit letter from 5th 3rd Counsel, #2 Exhibit proposed 3rd Am. Comp.)(Matton, Douglas) |
| Filing 63 MINUTE entry before the Honorable M. David Weisman: Magistrate Judge Status hearing held. Plaintiff advised the court that he needs to add additional defendants need to be added to the complaint, and will file a motion before the District Judge for leave to amend the complaint. Status hearing set for 10/19/16 at 9:15 a.m., to allow plaintiff time to serve any additional defendants, and provide sufficient time to new defendants' counsel to familiarize themselves with this matter. At the status hearing parties shall advise the court if a settlement conference is appropriate at this time. Mailed notice (ao,) |
| Filing 62 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman to conduct a settlement conference. This matter is set for an Initial Status hearing on 7/27/16 at 9:30 a.m. in courtroom 1300, to set a settlement conference date and discuss general issues related to settlement. Mailed notice (ao,) |
| Filing 61 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: settlement conference. (wp, )Mailed notice. |
| Filing 60 MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 7/12/2016. Status hearing set for 10/12/2016 at 09:00 AM.Mailed notice (wp, ) |
| Filing 59 CONFIDENTIALITY ORDER Signed by the Honorable Harry D. Leinenweber on 6/30/2016:Mailed notice(wp, ) |
| Filing 58 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 6/30/2016. Defendant's Motion for protective order #56 is granted. Mailed notice (wp, ) |
| Filing 57 NOTICE of Motion by Brittany E. Kirk for presentment of motion for protective order #56 before Honorable Harry D. Leinenweber on 6/30/2016 at 09:30 AM. (Kirk, Brittany) |
| Filing 56 MOTION by Defendant Fifth Third Mortgage Company for protective order (Attachments: #1 Exhibit A)(Kirk, Brittany) |
| Filing 55 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 6/8/2016. Defendant's Motion to dismiss #40 is denied. Defendant's Motion for protective order #48 is granted in part and denied in part.Defendant's Motion to compel #53 is withdrawn. Discovery cut-off date is vacated. Status hearing set for 7/12/2016 at 09:00 AM.Mailed notice (wp, ) |
| Filing 54 NOTICE of Motion by Brittany E. Kirk for presentment of motion to compel #53 before Honorable Harry D. Leinenweber on 6/8/2016 at 09:00 AM. (Kirk, Brittany) |
| Filing 53 MOTION by Defendant Fifth Third Mortgage Company to compel (Attachments: #1 Exhibit A, #2 Exhibit B)(Kirk, Brittany) |
| Filing 52 MINUTE entry before the Honorable Harry D. Leinenweber: Ruling date and Defendant's Motion for Entry of Protective Order now set for 6/7/2016 is reset by the court for 6/8/2016 at 09:00 AM.Mailed notice (wp, ) |
| Filing 51 MINUTE entry before the Honorable Harry D. Leinenweber: Defendant's Motion for Entry of Protective Order now set for 6/2/2016 is reset for 6/7/2016 at 09:00 AM.Mailed notice (wp, ) |
| Filing 50 MINUTE entry before the Honorable Harry D. Leinenweber: Defendant's Motion for Entry of Protective Order now noticed for 5/18/2016 is reset by the court for 6/2/2016 at 09:30 AM.Mailed notice (wp, ) |
| Filing 49 NOTICE of Motion by Brittany E. Kirk for presentment of motion for protective order #48 before Honorable Harry D. Leinenweber on 5/18/2016 at 09:30 AM. (Kirk, Brittany) |
| Filing 48 MOTION by Defendant Fifth Third Mortgage Company for protective order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kirk, Brittany) |
| Filing 47 RESPONSE by Sheila Cantrell, Christopher H. Smithin Opposition to MOTION by Defendant Fifth Third Mortgage Company to dismiss (Motion to Dismiss Count III of Second Amended Complaint) #40 (Attachments: #1 Exhibit Transcript of proceedings, #2 Exhibit AG Complaint against Safeguard, #3 Notice of Filing)(Matton, Douglas) |
| Filing 46 MINUTE entry before the Honorable Harry D. Leinenweber: Ruling date of 6/7/2016 is reset by the court for 6/8/2016 at 09:00 AM.Mailed notice (wp, ) |
| Filing 45 MINUTE entry before the Honorable Harry D. Leinenweber:The Court's minute entry #44 is corrected to read as follows: Motion hearing held on 4/6/2016. Plaintiffs' response to defendant's motion to dismiss #40 to be filed by 5/4/2016. No reply needed. The court will rule orally on 6/7/2016 at 9:00 a.m. Status hearing date of 4/26/2016 is stricken.Mailed notice (wp, ) |
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Filing 43
TRANSCRIPT OF PROCEEDINGS held on 02/24/2016 before the Honorable Harry D. Leinenweber. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, CRR, judith_walsh@ilnd.uscourts.gov, 312.702.8865. |
| Filing 44 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 4/6/2016. Plaintiffs' response to defendant's motion to dismiss #40 to be filed by 5/4/2016. No reply needed. The court will rule by mail on 6/7/2016 at 9:00 a.m. Status hearing date of 4/26/2016 is stricken. Mailed notice (wp, ) |
| Filing 42 MINUTE entry before the Honorable Harry D. Leinenweber: Defendant's Motion to Dismiss now noticed for 3/29/2016 is reset by the court for 4/6/2016 at 09:30 AM.Mailed notice (wp, ) |
| Filing 41 NOTICE of Motion by Timothy Lawrence Binetti for presentment of motion to dismiss #40 before Honorable Harry D. Leinenweber on 3/29/2016 at 09:30 AM. (Binetti, Timothy) |
| Filing 40 MOTION by Defendant Fifth Third Mortgage Company to dismiss (Motion to Dismiss Count III of Second Amended Complaint) (Attachments: #1 Exhibit 1)(Binetti, Timothy) |
| Filing 39 NOTICE by Fifth Third Mortgage Company re answer to amended complaint #38 (Binetti, Timothy) |
| Filing 38 ANSWER to amended complaint (Answer and Affirmative Defenses to Plaintiffs' Second Amended Complaint) by Fifth Third Mortgage Company(Binetti, Timothy) |
| Filing 37 Second AMENDED complaint by Christopher H. Smith, Sheila Cantrell against Fifth Third Mortgage Company (Attachments: #1 Notice of Filing)(Matton, Douglas) |
| Filing 36 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 2/24/2016. For the reasons stated in open court, defendant Fifth Third Mortgage Company's Motion to dismiss Count III of Plaintiff's first Amended Complaint #30 is granted, without prejudice. If plaintiffs do not amend the complaint by 3/9/2016, the dismissal will convert into a dismissal with prejudice. Written discovery to be completed by 4/26/2016. Status hearing set for 4/26/2016 at 09:00 AM.Mailed notice (wp, ) |
| Filing 35 NOTICE by Fifth Third Mortgage Company re reply #34 (Binetti, Timothy) |
| Filing 34 REPLY by Defendant Fifth Third Mortgage Company (Fifth Third Mortgage Companys Reply Supporting Motion to Dismiss Count III) (Attachments: #1 Exhibit A)(Binetti, Timothy) |
| Filing 33 RESPONSE by Sheila Cantrell, Christopher H. Smithin Opposition to MOTION by Defendant Fifth Third Mortgage Company to dismiss (Motion to Dismiss Count III) #30 (Attachments: #1 Notice of Filing)(Matton, Douglas) |
| Filing 32 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 12/9/2015. Plaintiff's response to defendant's motion to dismiss #30 by 1/13/2016. Defendant's reply brief to be filed by 1/27/2016. The court will rule orally on 2/24/2016 at 09:00 AM. Mailed notice (wp, ) |
| Filing 31 NOTICE of Motion by Timothy Lawrence Binetti for presentment of motion to dismiss #30 before Honorable Harry D. Leinenweber on 12/9/2015 at 09:30 AM. (Binetti, Timothy) |
| Filing 30 MOTION by Defendant Fifth Third Mortgage Company to dismiss (Motion to Dismiss Count III) (Attachments: #1 Exhibit 1)(Binetti, Timothy) |
| Filing 29 NOTICE by Fifth Third Mortgage Company re answer to amended complaint #28 (Binetti, Timothy) |
| Filing 28 ANSWER to amended complaint and Affirmative Defenses by Fifth Third Mortgage Company(Binetti, Timothy) |
| Filing 27 AMENDED complaint by Christopher H. Smith, Sheila Cantrell against Fifth Third Mortgage Company (Attachments: #1 Exhibit, #2 Exhibit, #3 Notice of Filing)(Matton, Douglas) |
| Filing 26 MINUTE entry before the Honorable Harry D. Leinenweber:Motion hearing held on 11/5/2015. For the reasons stated in open court, plaintiffs' Motion for reconsideration #24 is denied. Because plaintiff has presented good-faith legal arguments in support of its motion to reconsider these counts, the court grants plaintiff an additional fourteen days to amend the complaint on counts III and VI. Plaintiff to amend by 11/19/2015.Mailed notice (wp, ) |
| Filing 25 NOTICE of Motion by Douglas Michael Matton for presentment of motion for reconsideration, motion for relief #24 before Honorable Harry D. Leinenweber on 11/5/2015 at 09:00 AM. (Matton, Douglas) |
| Filing 24 MOTION by Plaintiffs Sheila Cantrell, Christopher H. Smith for reconsideration regarding text entry, #22 (Matton, Douglas) |
| Filing 23 MEMORANDUM OPINION AND ORDER Signed by the Honorable Harry D. Leinenweber on 10/19/2015:Mailed notice(wp, ) |
| Filing 22 MINUTE entry before the Honorable Harry D. Leinenweber:Defendant's Motion to Dismiss #11 is granted. Counts II, III, and V through VIII of the Complaint are dismissed without prejudice for fourteen (14) days. If Plaintiffs do not seek leave to amend the Complaint within this timeframe, this dismissal will convert into a dismissal with prejudice.Mailed notice (wp, ) |
| Filing 21 NOTICE by Fifth Third Mortgage Company re reply #20 (Binetti, Timothy) |
| Filing 20 REPLY by Defendant Fifth Third Mortgage Company to motion to dismiss #11 (Reply Supporting Motion to Dismiss) (Binetti, Timothy) |
| Filing 19 RESPONSE by Sheila Cantrell, Christopher H. Smithin Opposition to MOTION by Defendant Fifth Third Mortgage Company to dismiss (Motion to Dismiss Counts II, III and V through VIII of Plaintiffs' Complaint) #11 (Attachments: #1 Notice of Filing)(Matton, Douglas) |
| Filing 18 CERTIFICATE of Service by Brittany E. Kirk on behalf of Fifth Third Mortgage Company (Kirk, Brittany) |
| Filing 17 MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 8/20/2015. Plaintiffs' response to defendant's motion to dismiss to be filed by 9/17/2015. Defendant's reply brief to be filed by 10/1/2015. The Court will rule orally on 11/5/2015 at 09:00 AM. Mailed notice (wp, ) |
| Filing 16 MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 8/13/2015. Defendant's motion to dismiss is continued to 8/20/2015. Status hearing set for 8/20/2015 at 09:00 AM.Mailed notice (wp, ) |
| Filing 15 NOTICE by Fifth Third Mortgage Company re statement #14 (Kirk, Brittany) |
| Filing 14 Rule 7.1 Disclosure STATEMENT by Fifth Third Mortgage Company (Kirk, Brittany) |
| Filing 13 Plaintiff's Answers to Affirmative Defenses of Defendant by Sheila Cantrell, Christopher H. Smith (Attachments: #1 Notice of Filing)(Matton, Douglas) |
| Filing 12 NOTICE of Motion by Timothy Lawrence Binetti for presentment of motion to dismiss #11 before Honorable Harry D. Leinenweber on 8/13/2015 at 09:30 AM. (Binetti, Timothy) |
| Filing 11 MOTION by Defendant Fifth Third Mortgage Company to dismiss (Motion to Dismiss Counts II, III and V through VIII of Plaintiffs' Complaint) (Attachments: #1 Exhibit 1)(Binetti, Timothy) |
| Filing 10 NOTICE by Fifth Third Mortgage Company re answer to complaint #9 (Binetti, Timothy) |
| Filing 9 ANSWER to Complaint and Affirmative Defenses by Fifth Third Mortgage Company(Binetti, Timothy) |
| Filing 8 MINUTE entry before the Honorable Harry D. Leinenweber:Fifth Third Mortgage Company's Motion for extension of time to 7/17/2015 in which to file responsive pleading #6 is granted. Status hearing set for 8/13/2015 at 09:00 AM.Mailed notice (wp, ) |
| Filing 7 NOTICE of Motion by Timothy Lawrence Binetti for presentment of extension of time #6 before Honorable Harry D. Leinenweber on 7/9/2015 at 09:30 AM. (Binetti, Timothy) |
| Filing 6 MOTION by Defendant Fifth Third Mortgage Company for extension of time (Binetti, Timothy) |
| Filing 5 ATTORNEY Appearance for Defendant Fifth Third Mortgage Company by Nicole Helen Daniel (Daniel, Nicole) |
| Filing 4 ATTORNEY Appearance for Defendant Fifth Third Mortgage Company by Brittany E. Kirk (Kirk, Brittany) |
| MAILED Notice of Removal Letter to Attorney(s) of record. (gcy, ) |
| Filing 3 ATTORNEY Appearance for Defendant Fifth Third Mortgage Company by Timothy Lawrence Binetti (Binetti, Timothy) |
| Filing 2 CIVIL Cover Sheet (Binetti, Timothy) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Law Division, case number (2015 L 005710) filed by Fifth Third Mortgage Company Filing fee $ 400, receipt number 0752-10818952. (Attachments: #1 Exhibit 1)(Binetti, Timothy) |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Geraldine Soat Brown. (rc, ) |
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