PNC Bank v. Muhammad
Plaintiff: PNC Bank
Defendant: Ronald Muhammad
Case Number: 1:2018cv05850
Filed: August 27, 2018
Court: US District Court for the Northern District of Illinois
Presiding Judge: John Robert Blakey
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2018 Filing 15 REMAND with certified copy of order dated 09/24/2018 and letter to Circuit Court of Cook County via email. (bg, )
September 24, 2018 Filing 14 MINUTE entry before the Honorable John Robert Blakey: Defendant filed a notice of removal #1 on 8/27/18. He did not attach a copy of the state court complaint, but stated in his notice of removal that he was attempting to remove a 2012 case from the Circuit Court of Cook County (Case No. 12 CH 26341). Plaintiff has moved to remand #11 and attached a copy of the answer Defendant filed in the state court case on 2/4/13, as well as a copy of the judgment for foreclosure and sale entered in that case on 7/20/16. The federal removal statute provides that "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States." 28 U.S.C. 1441(a). A notice of removal must be filed "within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based[.] 28 U.S.C. 1446(b)(1). When it is not apparent from the complaint that the case is removable, a notice of removal may be filed "within 30 days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one in which is or has become removable." 28 U.S.C. 1446(b)(3). Given that the removed suit was filed in 2012, and judgment entered in 2016, the Court agrees with Plaintiff that the notice of removal is untimely. Accordingly, the motion to remand #11 is granted, and this case is returned to the Circuit Court of Cook County. As Defendant knows, this case may also be barred by the Rooker-Feldman doctrine. See PNC Bank v. Muhammad, Case No. 18 C 4737 #15 (N.D. Ill. Aug. 15, 2018). The 9/25/18 Notice of Motion date and 10/11/18 initial status conference date are stricken. Civil case terminated. Mailed notice (gel, )
September 17, 2018 Filing 13 NOTICE of Motion by Brian R Merfeld for presentment of motion to remand #11 before Honorable John Robert Blakey on 9/25/2018 at 09:45 AM. (Merfeld, Brian)
September 17, 2018 Filing 12 NOTICE by PNC Bank re MOTION by Plaintiff PNC Bank to remand #11 , attorney appearance #10 (Merfeld, Brian)
September 17, 2018 Filing 11 MOTION by Plaintiff PNC Bank to remand (Attachments: #1 Exhibit)(Merfeld, Brian)
September 17, 2018 Filing 10 ATTORNEY Appearance for Plaintiff PNC Bank by Brian R Merfeld (Merfeld, Brian)
September 11, 2018 Filing 9 EXHIBIT A by Defendant Ronald Muhammad (pk, )
August 30, 2018 Filing 8 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MI DP%20Standing%20Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 10/11/2018 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 10/1/2018, using the model template set forth in this Courts standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, )
August 28, 2018 Filing 7 SUMMONS Returned Executed by Ronald Muhammad as to PNC Bank on 8/28/2018, answer due 9/18/2018. (bg, )
August 28, 2018 Filing 6 SUMMONS Issued as to PNC Bank. (jk, )
August 27, 2018 Filing 5 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. (bg, )
August 27, 2018 Filing 3 PRO SE Appearance by Defendant Ronald Muhammad (bg, )
August 27, 2018 Filing 2 CIVIL Cover Sheet (bg, )
August 27, 2018 Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (12CH26341) filed by Ronald Muhammad Filing fee $ 400. (bg, )

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Plaintiff: PNC Bank
Represented By: Brian R Merfeld
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Defendant: Ronald Muhammad
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