McDuffie v. Sgt. Loney et al
| Daniel McDuffie |
| Sgt. Loney, Assured Field Service, State Wide, US Bank National Ass. and 22 District Police Department |
| 1:2016cv08860 |
| September 13, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Thomas M. Durkin |
| Other Personal Property Damage |
| 28 U.S.C. ยง 1983 |
| None |
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Filing
118
MEMORANDUM Opinion and Order; For these reasons, Sergeant Looney's motion for summary judgment, R. 103 , is granted. The status hearing set for Tuesday, December 18, 2018, is vacated. McDuffie's motion for extension of time, R. 111 , is granted in that the Court considered all of McDuffie's papers regardless of the date they were filed. Civil case terminated. Signed by the Honorable Thomas M. Durkin on 12/17/2018:Mailed notice(srn, )
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Filing
78
MEMORANDUM Opinion and Order:For these reasons, Sergeant Loney's motion to dismiss, R. 45 , is denied, and U.S. Bank's motion to dismiss, R. 50 , is granted. Because the Court dismisses McDuffie's claim against U.S. Bank as barred by res judicata, but state court proceedings continue, it is dismissed without prejudice. Because the claim against U.S. Bank has been dismissed, and state court proceedings regarding the parties' rights to the Sangamon house continue, the Court d eclines to exercise jurisdiction over U.S. Bank's counterclaims. See Arnold v. KJD Real Estate, LLC, 752 F.3d 700, 707 (7th Cir. 2014) ("Several factors guide the court's discretion, including 'the scope of the pending state court proceeding' and 'whether the claims of all parties in interest can satisfactorily be adjudicated in that proceeding.' This is an inherently discretionary call for the district court...."). U.S. Bank's motion for summary judg ment on those claims, R. 63 , is denied as moot, and the counterclaims are dismissed without prejudice. U.S. Bank National Association (as Trustee for the Certificate Holders of Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates Series 2007-AMC1) terminated. Signed by the Honorable Thomas M. Durkin on 12/6/2017:Mailed notice(srn, )
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