Wells Fargo Bank, NA v. Muhammad
| Wells Fargo Bank, NA |
| Ronald Muhammad |
| 1:2018cv05851 |
| August 27, 2018 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Other Fraud |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| 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 021767)). Plaintiff has moved to remand #12 and attached copies of certain documents and pleadings from the state court case, including the complaint (filed 6/13/12); an affidavit showing that Defendant was served with process on 6/20/12; and the order confirming the foreclosure sale, which was entered 5/28/14. The notice of removal is clearly untimely. 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). Defendant filed this notice of removal at least four and likely six years too late. Accordingly, the motion to remand #12 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 Wells Fargo v. Muhammad, Case No. 18 C 4548 21 (N.D. Ill. Aug. 24, 2018). The 9/27/18 Notice of Motion date and 10/11/18 initial status conference date are stricken. Plaintiff's motion to stay MIDP requirements #11 is denied as moot. Civil case terminated. Mailed notice (gel, ) |
| Filing 13 NOTICE of Motion by Adam A Price for presentment of motion to remand, #12 , motion to stay #11 before Honorable John Robert Blakey on 9/27/2018 at 09:45 AM. (Price, Adam) |
| Filing 12 MOTION by Plaintiff Wells Fargo Bank, NA to remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit Group C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Price, Adam) |
| Filing 11 MOTION by Plaintiff Wells Fargo Bank, NA to stay requirement under the mandatory initial discovery pilot project and initial status conference standing order (Price, Adam) |
| Filing 10 ATTORNEY Appearance for Plaintiff Wells Fargo Bank, NA by Adam A Price (Price, Adam) |
| Filing 9 EXHIBIT A by Defendant Ronald Muhammad. (aee, ) |
| 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, ) |
| Filing 7 SUMMONS Returned Executed by Ronald Muhammad as to Wells Fargo Bank, NA on 8/28/2018, answer due 9/18/2018. (eaa, ) |
| Filing 6 SUMMONS Issued as to Wells Fargo Bank, NA. (jk, ) |
| 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, ) |
| Filing 3 PRO SE Appearance by Defendant Ronald Muhammad (bg, ) |
| Filing 2 CIVIL Cover Sheet (bg, ) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (12CH021767) filed by Ronald Muhammad Filing fee $ 400. (bg,) |
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| Plaintiff: Wells Fargo Bank, NA | |
| Represented By: | Adam A Price |
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| Defendant: Ronald Muhammad | |
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