Suntrust Mortgage Inc. v. Porter et al
| Suntrust Mortgage, Inc. and Joeli Porter |
| Javier De La Serna Ciriza, Liliana Lopez Espinoza, Joseph Porter, Krembo Properties and Consulting, Inc, Chicory Place Community Association, Lincolnway Community Bank, Mortgage Electronics Registration Systems, Inc., United States Department of Housing and Urban Development and Fischer Real Estate and Consulting |
| 1:2019cv02041 |
| March 26, 2019 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Real Property: Foreclosure |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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This docket was last retrieved on June 13, 2019. A more recent docket listing may be available from PACER.
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Filing 48
ORDER: The Court grants Respondent U.S. Housing and Urban Development ("HUD")'s motion to dismiss on sovereign immunity grounds #17 . The Court declines to exercise supplemental jurisdiction over Petitioner Joeli Porter's remaining claims, and accordingly remands this case to the Circuit Court of DuPage County forthwith. All pending motions are terminated as moot. Civil case terminated. Signed by the Honorable John Z. Lee on 6/13/2019. Mailed notice (ph, )
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| Filing 47 STATUS Report by United States Department of Housing and Urban Development (DeCelles, David) |
| Filing 46 NOTICE of Motion by Nathan B Grzegorek for presentment of Motion to Dismiss for Failure to State a Claim, motion for summary judgment #43 before Honorable John Z. Lee on 6/18/2019 at 09:00 AM. (Grzegorek, Nathan) |
| Filing 45 RULE 56 (c)(1)(A) Statement by Javier De La Serna Ciriza regarding Motion to Dismiss for Failure to State a Claim, motion for summary judgment #43 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Notice of Filing)(Grzegorek, Nathan) |
| Filing 44 MEMORANDUM by Javier De La Serna Ciriza in support of Motion to Dismiss for Failure to State a Claim, motion for summary judgment #43 (Grzegorek, Nathan) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Respondent Javier De La Serna Ciriza or, in the Alternative, MOTION by Respondent Javier De La Serna Ciriza for summary judgment (Grzegorek, Nathan) |
| Filing 42 MINUTE entry before the Honorable John Z. Lee: Respondent Mortgage Electronic Registration Systems, Inc.'s motion to amend its memorandum in support of its motion to dismiss #40 is granted. The amended memorandum shall be due by 6/17/19. Petitioner's response shall be due by 7/8/19, and Respondent's reply shall be due by 7/22/19. Mailed notice (ags, ) |
| Filing 41 NOTICE of Motion by Molly E. Thompson for presentment of motion to supplement #40 before Honorable John Z. Lee on 6/18/2019 at 09:00 AM. (Thompson, Molly) |
| Filing 40 MOTION by Respondent Mortgage Electronics Registration Systems, Inc. to supplement Motion to Dismiss (Thompson, Molly) |
| Filing 39 ATTORNEY Appearance for Respondent Mortgage Electronics Registration Systems, Inc. by Molly E. Thompson (Thompson, Molly) |
| Filing 38 REPLY by Defendant United States Department of Housing and Urban Development to Motion to Dismiss for Failure to State a Claim #17 (DeCelles, David) |
| Filing 37 NOTICE by Mortgage Electronics Registration Systems, Inc., Suntrust Mortgage, Inc. re memorandum in support of motion, #36 (Marwaha, Punit) |
| Filing 36 MEMORANDUM by Mortgage Electronics Registration Systems, Inc., Suntrust Mortgage, Inc. in support of motion to dismiss #22 Amended (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marwaha, Punit) |
| Filing 35 MINUTE entry before the Honorable John Z. Lee:Motion for leave to amend the memorandum in support of the motion to dismiss and to reset the briefing schedule #32 is granted. Petitioner's response to the motion to dismiss #22 shall be due by 6/14/19; reply due by 6/28/19. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 34 NOTICE of Motion by Punit Kumar Marwaha for presentment of motion for miscellaneous relief, #32 before Honorable John Z. Lee on 6/4/2019 at 09:00 AM. (Marwaha, Punit) |
| Filing 33 Agreed Order for Leave to Amend Defendants' Motion to Dismiss by Mortgage Electronics Registration Systems, Inc., Suntrust Mortgage, Inc. (Marwaha, Punit) |
| Filing 32 MOTION by Respondent Mortgage Electronics Registration Systems, Inc., Plaintiff Suntrust Mortgage, Inc.SunTrust Mortgage, Inc. and Mortgage Electronic Registration Systems, Inc.'s Motion for Leave to Amend Memorandum in Support of Motion to Dismiss and to Reset Briefing Schedule (Attachments: #1 Exhibit A)(Marwaha, Punit) |
| Filing 31 MINUTE entry before the Honorable John Z. Lee:Respondent Javier de la Serna Ciriza's uncontested motion for extension of time until June 13, 2019 to answer or otherwise plead #29 is granted. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 30 NOTICE of Motion by Nathan B Grzegorek for presentment of extension of time #29 before Honorable John Z. Lee on 5/23/2019 at 09:00 AM. (Grzegorek, Nathan) |
| Filing 29 MOTION by Respondent Javier De La Serna Ciriza for extension of time to Respond (Grzegorek, Nathan) |
| Filing 28 ATTORNEY Appearance for Respondent Javier De La Serna Ciriza by Nathan B Grzegorek (Attachments: #1 Notice of Filing Notice of Filing)(Grzegorek, Nathan) |
| Filing 27 ATTORNEY Appearance for Defendant Javier De La Serna Ciriza by James Andrew Larson (Attachments: #1 Notice of Filing)(Larson, James) |
| Filing 26 MINUTE entry before the Honorable John Z. Lee: Petitioner's response to the motion to dismiss #22 shall be due by 6/7/19; reply due by 6/21/19. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 25 RESPONSE by Joseph Porter to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United States Department of Housing and Urban Development #17 (Gurvey, Matthew) |
| Filing 24 MEMORANDUM by Mortgage Electronics Registration Systems, Inc. in support of motion to dismiss #22 (Marwaha, Punit) |
| Filing 23 NOTICE of Motion by Punit Kumar Marwaha for presentment of motion to dismiss #22 before Honorable John Z. Lee on 5/21/2019 at 09:00 AM. (Marwaha, Punit) |
| Filing 22 MOTION by Respondent Mortgage Electronics Registration Systems, Inc. to dismiss Pursuant to Fed.R.Civ.Proc. 12(B)(6) (Attachments: #1 Exhibit A, #2 Exhibit B)(Marwaha, Punit) |
| Filing 21 MINUTE entry before the Honorable John Z. Lee: Joeli Porter's response in opposition to the motion to dismiss her motion for relief from judgment #17 will be due 5/20/19; The United States Department of Housing and Urban Development's reply in support of its motion to dismiss the motion for relief from judgment will be due 6/3/19. The status hearing set for 5/16/19 is reset to 6/18/19 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 20 MINUTE entry before the Honorable John Z. Lee:Motion for extension of time until May, 14, 2019 to respond #15 is granted. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 19 NOTICE of Motion by David Harold DeCelles for presentment of Motion to Dismiss for Failure to State a Claim #17 before Honorable John Z. Lee on 5/2/2019 at 09:00 AM. (DeCelles, David) |
| Filing 18 MEMORANDUM by United States Department of Housing and Urban Development in support of Motion to Dismiss for Failure to State a Claim #17 (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Affidavit)(DeCelles, David) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United States Department of Housing and Urban Development (DeCelles, David) |
| Filing 16 NOTICE of Motion by Punit Kumar Marwaha for presentment of extension of time #15 before Honorable John Z. Lee on 5/2/2019 at 09:00 AM. (Marwaha, Punit) |
| Filing 15 MOTION by Respondent Mortgage Electronics Registration Systems, Inc., Plaintiff Suntrust Mortgage, Inc. for extension of time (Marwaha, Punit) |
| Filing 14 ATTORNEY Appearance for Respondent Mortgage Electronics Registration Systems, Inc. by Punit Kumar Marwaha (Marwaha, Punit) |
| Filing 13 ATTORNEY Appearance for Plaintiff Suntrust Mortgage, Inc. by Punit Kumar Marwaha (Marwaha, Punit) |
| Filing 12 MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 4/9/19. For the reasons stated on the record, Defendant's motion to reassign based on relatedness #6 is denied. The government's motion to dismiss shall be due by 4/25/19 and should be noticed up for presentment. Mailed notice (ca, ) |
| Filing 11 MINUTE entry before the Honorable John Z. Lee: Initial status hearing set for 5/16/19 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 10 MINUTE entry before the Honorable John Z. Lee:Unopposed motion for extension of time until April 25, 2019 to answer #4 is granted. Mailed notice (ca, ) |
| Filing 9 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. (cc, ) |
| Filing 8 MAILED Notice of Removal letter to counsel of record (cc, ) |
| Filing 7 NOTICE of Motion by David Harold DeCelles for presentment of motion to reassign case #6 before Honorable John Z. Lee on 4/9/2019 at 09:00 AM. (DeCelles, David) |
| Filing 6 MOTION by Defendant United States Department of Housing and Urban Development to reassign case (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(DeCelles, David) |
| Filing 5 NOTICE of Motion by David Harold DeCelles for presentment of motion for extension of time to file answer #4 before Honorable John Z. Lee on 4/9/2019 at 09:00 AM. (DeCelles, David) |
| Filing 4 MOTION by Defendant United States Department of Housing and Urban Development for extension of time to file answer regarding notice of removal #1 (DeCelles, David) |
| Filing 3 DESIGNATION of David Harold DeCelles as U.S. Attorney for Defendant United States Department of Housing and Urban Development (DeCelles, David) |
| Filing 2 CIVIL Cover Sheet (DeCelles, David) |
| Filing 1 NOTICE of Removal from DuPage County, case number (2011CH02182) filed by United States Department of Housing and Urban Development (Attachments: #1 Exhibit A, #2 Notice of Filing)(DeCelles, David) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jjr, ) |
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