Itec Financial, Inc. v. Raceway Park, LLC
Plaintiff: Itec Financial, Inc.
Defendant: Raceway Park, LLC
Case Number: 1:2018cv04962
Filed: July 20, 2018
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: XX US, Outside the State of IL
Presiding Judge: Edmond E Chang
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2018 Filing 28 NOTICE by Raceway Park, LLC re response to motion #27 to Appoint Mortgagee in Possession (Tee, Jennifer)
September 17, 2018 Filing 27 RESPONSE by Raceway Park, LLC to MOTION by Plaintiff Itec Financial, Inc. to Appoint Mortgagee in Possession #20 (Tee, Jennifer)
September 6, 2018 Filing 26 NOTICE by Raceway Park, LLC re answer to amended complaint #25 to Foreclose Mortgage and Other Relief (Tee, Jennifer)
September 6, 2018 Filing 25 Defendant's ANSWER to amended complaint to Foreclose Mortgage and Other Relief by Raceway Park, LLC(Tee, Jennifer)
September 4, 2018 Filing 24 MINUTE entry before the Honorable Edmond E. Chang: On Plaintiff's motion #20 to appoint as mortgagee in possession, Defendant's response is due by 09/17/2018. Plaintiff's reply is due by 09/24/2018. Emailed notice (slb, )
August 31, 2018 Filing 23 ATTORNEY Appearance for Defendant Raceway Park, LLC by Joshua Pagan (Pagan, Joshua)
August 30, 2018 Filing 22 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Defendant's motion #17 to vacate the Order of Possession. As discussed during the hearing, the motion #17 is granted. The Order of Possession #14 is vacated. Plaintiff may renew the motion if appropriate. Defendant made a verbal request to extend the answer deadline. The request is granted to 09/06/2018. If Defendant is in default on 09/14/2018, then on that date Plaintiff shall file a motion for default to coincide with the 09/18/2018 status hearing. The Court strongly urges the parties to finish their settlement negotiations. Emailed notice (slb, )
August 30, 2018 Filing 21 NOTICE of Motion by Alexander Edmund Porter for presentment of motion for miscellaneous relief #20 before Honorable Edmond E. Chang on 9/5/2018 at 08:30 AM. (Porter, Alexander)
August 30, 2018 Filing 20 MOTION by Plaintiff Itec Financial, Inc. to Appoint Mortgagee in Possession (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Porter, Alexander)
August 27, 2018 Filing 19 SUMMONS Returned Executed by Itec Financial, Inc. as to Raceway Park, LLC on 7/31/2018, answer due 8/21/2018. (Porter, Alexander)
August 23, 2018 Filing 18 NOTICE of Motion by Jennifer Burt Tee for presentment of motion to vacate #17 before Honorable Edmond E. Chang on 8/30/2018 at 08:30 AM. (Tee, Jennifer)
August 17, 2018 Filing 17 MOTION by Defendant Raceway Park, LLC to vacate Order of Possession (Tee, Jennifer)
August 17, 2018 Filing 16 MOTION by Defendant Raceway Park, LLC to vacate Order of Possession (Tee, Jennifer) Incorrect PDF document linked. Docket text modified by Clerk's Office on 8/20/2018 (mma, )
August 14, 2018 Filing 15 ATTORNEY Appearance for Defendant Raceway Park, LLC by Jennifer Burt Tee (Tee, Jennifer)
August 10, 2018 Opinion or Order Filing 14 ORDER Appointing Mortgagee in Possession Signed by the Honorable Edmond E. Chang on 8/10/2018:Emailed notice(slb, )
August 9, 2018 Filing 13 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's amended motion #9 to appoint Mortgagee in Possession. For the reasons discussed during the hearing, the motion #9 is granted. In light of statutory and contractual authority, Plaintiff Itec Financial, Inc. is permitted to act as mortgagee in possession for the property located at 13023-130347 S. Ashland Avenue, Calumet Park, IL 60827. The order will be entered in a separate entry, but Plaintiff must submit a draft to the Court's Proposed Order email address. If Plaintiff has completed the service of process on Defendant, then Plaintiff shall promptly upload the return of service. If service has not be completed, then Plaintiff must complete the service of process by 08/30/2018, because there is no reason to delay and every reason to resolve the case sooner rather than later. If Defendant fails to answer the complaint by the answer deadline, then Defendant shall be deemed in default. Plaintiff shall file, no later than 09/14/2018, a motion for default judgment, noticed for presentment to coincide with the next status hearing date and time. Status hearing set for 09/18/2018 at 9:30 a.m.Emailed notice (slb, )
August 8, 2018 Filing 12 ATTORNEY Appearance for Plaintiff Itec Financial, Inc. by James R Sethna (Sethna, James)
August 3, 2018 Filing 11 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's first motion #5 to appoint mortgagee in possession is terminated as superseded by the amended motion #9 . The hearing on the amended motion #9 is reset to 9:30 a.m. on 08/09/2018. Counsel may appear via phone by providing a contact number no later than 2 p.m. on 08/08/2018 to the courtroom deputy, Ms. Sandra Brooks (312.408.5121). On the subject matter jurisdiction inquiry, the Court will ask counsel above the facts that support the "information and belief" allegation of Glenn Azuma's citizenship of Arizona. It might be that early discovery or an early subpoena should be authorized to pin down the citizenship, which is crucial. Emailed notice (slb, )
July 25, 2018 Filing 10 NOTICE of Motion by Alexander Edmund Porter for presentment of motion for miscellaneous relief #9 before Honorable Edmond E. Chang on 8/8/2018 at 08:30 AM. (Porter, Alexander)
July 25, 2018 Filing 9 MOTION by Plaintiff Itec Financial, Inc. (Amended) Motion to Appoint Mortgagee in Possession (Attachments: #1 Exhibit 1, #2 1 (cont.), #3 1 (cont.), #4 2)(Porter, Alexander)
July 25, 2018 Filing 8 FIRST AMENDED complaint by Itec Financial, Inc. against Raceway Park, LLC (Attachments: #1 Exhibit A, #2 Exhibit B-E)(Porter, Alexander)
July 24, 2018 Filing 7 MINUTE entry before the Honorable Edmond E. Chang: Upon review of the complaint, the Court makes the following jurisdictional inquiry. Itec Financial, Inc. premises jurisdiction on diversity of citizenship, 28 U.S.C. 1332. The are two potential defects in the jurisdictional allegations. First, Itec Financial alleges that it is "located" in California. R. 1, para. 4. Perhaps Itec is using "located" as a synonym for "principal place of business," which is what is required for non-national-bank-association corporations. Second, the complaint alleges Raceway Park LLC's place of incorporation and principal place of business. R. 1, para. 5. But an LLC's citizenship is not like a corporation's; instead an LLC is a citizen of every state where its *members* are citizens. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). So Plaintiff must identify the members and allege their citizenship. Accordingly, on or before 08/03/2018, Itec Financial shall either file an amended complaint fixing these problems or file a memorandum explaining why the current complaint sufficiently alleges jurisdiction. Also, on the Court's own initiative, the hearing on Plaintiff's motion #5 to appoint Plaintiff as the mortgagee in possession is reset to 8:30 a.m. on 08/07/2018. Emailed notice (slb, )
July 23, 2018 Filing 6 NOTICE of Motion by Alexander Edmund Porter for presentment of motion for miscellaneous relief #5 before Honorable Edmond E. Chang on 8/6/2018 at 08:30 AM. (Porter, Alexander)
July 23, 2018 Filing 5 MOTION by Plaintiff Itec Financial, Inc. to Appoint Mortgagee in Possession (Attachments: #1 Exhibit 1, #2 Exhibit 1 Cont., #3 Exhibit 2)(Porter, Alexander)
July 23, 2018 Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jh, )
July 20, 2018 SUMMONS Issued as to Defendant Raceway Park, LLC. (acm)
July 20, 2018 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (rc, )
July 20, 2018 Filing 3 ATTORNEY Appearance for Plaintiff Itec Financial, Inc. by Alexander Edmund Porter (Porter, Alexander)
July 20, 2018 Filing 2 CIVIL Cover Sheet (Porter, Alexander)
July 20, 2018 Filing 1 COMPLAINT filed by Itec Financial, Inc.; Filing fee $ 400, receipt number 0752-14724029. (Attachments: #1 Exhibit A, #2 Exhibit B-E)(Porter, Alexander)

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Defendant: Raceway Park, LLC
Represented By: Joshua Pagan
Represented By: Jennifer Burt Tee
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Plaintiff: Itec Financial, Inc.
Represented By: Alexander Edmund Porter
Represented By: James R Sethna
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