The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 v. Blankshain et al
| The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 |
| Office of the Department of Treasury, Jane Blankshain, The United States of America, Cedar Crossing III and Unknown Owners And Non-Record Claimants |
| 1:2018cv06603 |
| September 27, 2018 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| None |
Docket Report
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| Filing 19 MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion to remand #8 is granted. Defendant Jane Blankshain has already attempted once to remove this action (Case No. 2016-CH-02969) to federal court from the Circuit Court of Cook County, Illinois. In June 2018, Judge Edmond E. Chang ordered the case remanded, explaining that Blankshain was not eligible to remove the action based on diversity of citizenship because she is a citizen of Illinois, see 28 U.S.C. 1441(b)(2); Holmstrom v. Peterson, 492 F.3d 833, 83536 (7th Cir. 2007). Bank of New York Mellon v. Blankshain, No. 18-C-2795 (N.D. Ill. June 15, 2018) (order remanding case). Further, there were "reasons to doubt that there is diversity of citizenship and that the notice of removal was timely filed." Id. These reasons for remanding still existBlankshain does not contest that she is a citizen of Illinois, and her notice of removal was filed more than two years after she acknowledges she received a copy of the foreclosure complaint. See Notice of Removal at 1, ECF No. 1. In her responses to Plaintiff's motion to remand, she argues only that she has new information about the case, recently had open-heart surgery, and that her home has been sold. None of these are valid reasons supporting federal jurisdiction over her case or the propriety of removal. Accordingly, the Court orders this action remanded to the Circuit Court of Cook County forthwith. Mailed notice (gel, ) |
| Filing 18 RESPONSE by Defendant Jane Blankshain to Plaintiff reply filed 11/12/2018; Exhibits. (ew, ) |
| Filing 17 REPLY by The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 to MOTION by Plaintiff The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 to remand Pursuant to 28 U.S.C. #8 , Response #16 (Haney, Robert) |
| Filing 16 RESPONSE by Defendant Jane Blankshain to Plaintiff Remand. (Exhibits) (jh, ) |
| Filing 15 MINUTE entry before the Honorable John Z. Lee:Defendant has filed a motion #13 to file an amended notice of removal. However, her motion does not explain the basis for amending her notice of removal, so the Court is unable to address the substance of her request. Defendant's motion #13 is therefore denied without prejudice. Additionally, as the motion contains no sensitive or confidential information, the Clerk of Court is directed to unseal it. Mailed notice (ca, ) |
| Filing 14 NOTICE of Motion by Jane Blankshain for presentment of Sealed motion #13 before Honorable John Z. Lee on 11/6/2018 at 09:00 AM. (jh, ) |
| Filing 13 MOTION by Defendant Jane Blankshain to leave to amend the Notice of Removal. (jjr, ) Modified on 11/1/2018 (jh, ). |
| Filing 12 PRO SE Appearance by Defendant Jane Blankshain (bg, ) |
| Filing 11 SEALED DOCUMENT. (jjr, ) |
| Filing 10 MINUTE entry before the Honorable John Z. Lee:Defendant's response to Plaintiff's motion to remand #8 shall be due by 11/7/18; reply due by 11/21/18. The status hearing set for 11/29/18 is reset to 1/10/19 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 9 NOTICE of Motion by Robert Edward Haney for presentment of motion to remand, #8 before Honorable John Z. Lee on 10/23/2018 at 09:00 AM. (Haney, Robert) |
| Filing 8 MOTION by Plaintiff The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 to remand Pursuant to 28 U.S.C. 1447 (Attachments: #1 Exhibit)(Haney, Robert) |
| Filing 7 ATTORNEY Appearance for Plaintiff The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 by Robert Edward Haney (Haney, Robert) |
| Filing 6 ATTORNEY Appearance for Plaintiff The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 by James V. Noonan (Noonan, James) |
| Filing 5 MINUTE entry before the Honorable John Z. Lee:Initial status hearing set for 11/29/18 at 9:00 a.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice (ca, ) |
| 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. (lf, ) |
| Filing 2 CIVIL Cover Sheet (lf, ) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2016-CH-02969) filed by Jane Blankshain Filing fee $ 400, Receipt No. 4624211023. (Attachments: #1 Exhibits Pt 1, #2 Exhibits Pt 2, #3 Exhibits Pt 3, #4 Exhibits Pt 4, #5 Exhibits Pt 5, #6 Exhibits Pt 6, #7 Exhibits Pt 7)(lf, ) |
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| Search for this case: The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 v. Blankshain et al | |
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| Defendant: Office of the Department of Treasury | |
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| Defendant: Jane Blankshain | |
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| Defendant: The United States of America | |
| Represented By: | AUSA - Chicago |
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| Defendant: Cedar Crossing III | |
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| Defendant: Unknown Owners And Non-Record Claimants | |
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| Plaintiff: The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders Of CWMBS, Inc, CHL Mortgage Pass-Through Trust 2005-22, Mortgage Pass-Through Certificates, Series 2005-22 | |
| Represented By: | Shanna Leigh Bacher |
| Represented By: | James V. Noonan |
| Represented By: | Robert Edward Haney |
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