Bank of New York Mellon, The v. Zielinski et al
| The Bank of New York Mellon f/k/a The Bank of New York, Bank of New York Mellon, The and Bank of New York |
| Nicole Zielinski, Dan Zielinski, Household Finance Corporation, Darlene N Payne, Bank of America National Association, U.S. Secretary of Housing and Urban Development, Carrington Mortgage Services LLC and Mortgage Electronic Registration Services, Inc |
| 1:2019cv02069 |
| March 26, 2019 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| None |
Docket Report
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This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 28 ATTORNEY Appearance for Plaintiff Bank of New York Mellon, The by Natalie Burris (Burris, Natalie) |
Filing 27
ORDER: Nicole Zielinski filed a petition for relief from judgment under 735 ILCS 5/2-1401(f) in the Circuit Court of DuPage County, Illinois, seeking to vacate as void the judgment and orders entered over ten years ago in a foreclosure proceeding, alleging that she was served with defective service. Zielinski's petition also requests restitution from various entities not parties to the foreclosure proceeding, including the United States Department of Housing and Urban Development ("HUD"), which allegedly obtained a mortgage on the foreclosed property six years after the judicial sale. HUD removed the petition to this court and both it and Bank of New York Mellon have moved to dismiss the petition. Zielinski was ordered to respond to the motions to dismiss by June 11, 2019. She has failed to do so or to request additional time, perhaps because there is little response to be made. Consequently, because petitioner has failed to respond to the pending motions to dismiss and because it appears both motions are meritorious, the court grants both motions [Docs. #17 , #20 ]. This matter remains set for a report on status on August 29, 2019, at 9:00 a.m. Signed by the Honorable Robert W. Gettleman on 7/10/2019. Mailed notice (cn).
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| Filing 26 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 5/14/2019. Responses to the U.S. Department of Housing and Urban Development's motion to dismiss #17 and the Bank of New York Mellon's motion to dismiss Nicole Zielinski's petition to vacate #20 due by 6/11/2019, replies due by 6/25/2019. Bank of America, N.A.'s motion for extension of time to answer or otherwise plead to the petition #20 is granted. Bank of America's responsive pleading due by 6/4/2019. Defendants Carrington Mortgage Services LLC and Darlene N. Reyes Payne's motion to stay deadlines for responsive pleadings #24 is granted. Status hearing set for 5/22/2019 is stricken and reset to 8/29/2019 at 9:00 a.m. Mailed notice (cn). |
| Filing 25 NOTICE of Motion by Timothy Michael McLean for presentment of motion to stay #24 before Honorable Robert W. Gettleman on 5/22/2019 at 09:10 AM. (McLean, Timothy) |
| Filing 24 MOTION by Defendants Carrington Mortgage Services LLC, Darlene N Payne to stay deadlines for responsive pleadings (McLean, Timothy) |
| Filing 23 ATTORNEY Appearance for Defendants Carrington Mortgage Services LLC, Darlene N Payne by Timothy Michael McLean (McLean, Timothy) |
| Filing 22 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bank of New York Mellon, The (Pustilnik, David) |
| Filing 21 NOTICE of Motion by David F Pustilnik for presentment of Motion to Dismiss for Failure to State a Claim,, motion for extension of time to file answer, #20 before Honorable Robert W. Gettleman on 5/14/2019 at 09:15 AM. (Pustilnik, David) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Bank of New York Mellon, The , MOTION by Plaintiff Bank of New York Mellon, The for extension of time to file answer on behalf of Bank of America, N.A. (Attachments: #1 Exhibit A (Note), #2 Exhibit B (Mortgage), #3 Exhibit C (Bankruptcy Petition), #4 Exhibit D (Statement of Financial Affairs))(Pustilnik, David) |
| Filing 19 NOTICE of Motion by David Harold DeCelles for presentment of motion to dismiss #17 before Honorable Robert W. Gettleman on 5/14/2019 at 09:15 AM. (DeCelles, David) |
| Filing 18 MEMORANDUM by U.S. Secretary of Housing and Urban Development in support of motion to dismiss #17 (Attachments: #1 Exhibit)(DeCelles, David) |
| Filing 17 MOTION by Defendant U.S. Secretary of Housing and Urban Development to dismiss (DeCelles, David) |
| Filing 16 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 4/17/2019. Bank of New York Mellon's Motion to extend time for the Bank of New York Mellon and Bank of America, N.A. to answer or otherwise plead to petitioner Nicole Zielinski's petition for relief from void judgments, and to correct docket to allow appearance on behalf of respondent Bank of America, N.A. #13 is granted, in part. Bank of New York Mellon and Bank of America, N.A.'s responsive pleading due by 4/30/2019. The motion to correct the docket is entered and continued. Status hearing set for 5/22/2019 9:10 a.m. Mailed notice (cn). |
| Filing 15 MINUTE entry before the Honorable Robert W. Gettleman: U.S. Department of Housing and Urban Development's unopposed motion of HUD to extend time to answer or otherwise plead #4 and Defendant Carrington Mortgage Services, LLC's unopposed motion for an extension of time to answer, move, or otherwise plead #10 are granted. Defendants' responsive pleadings due by 4/30/2019. Mailed notice (cn). |
| Filing 14 NOTICE of Motion by David F Pustilnik for presentment of motion for extension of time to file answer,, motion for miscellaneous relief, #13 before Honorable Robert W. Gettleman on 4/17/2019 at 09:15 AM. (Pustilnik, David) |
| Filing 13 MOTION by Plaintiff Bank of New York Mellon, The for extension of time to file answer and Bank of America, N.A., MOTION by Plaintiff Bank of New York Mellon, The To Correct Docket To Allow Appearance on Behalf of Bank of America, N.A. (Pustilnik, David) |
| Filing 12 ATTORNEY Appearance for Plaintiff Bank of New York Mellon, The by David F Pustilnik (Pustilnik, David) |
| Filing 11 NOTICE of Motion by Rebekah A Childers for presentment of motion for extension of time to file answer, #10 before Honorable Robert W. Gettleman on 4/10/2019 at 09:15 AM. (Childers, Rebekah) |
| Filing 10 MOTION by Defendant Carrington Mortgage Services LLC for extension of time to file answer regarding notice of removal #1 DEFENDANT CARRINGTON'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE PLEAD (Childers, Rebekah) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Carrington Mortgage Services LLC CARRINGTON'S CORPORATE DISCLOSURE STATEMENT (Childers, Rebekah) |
| Filing 8 ATTORNEY Appearance for Defendant Carrington Mortgage Services LLC by Rebekah A Childers (Childers, Rebekah) |
| Filing 7 ATTORNEY Appearance for Defendant Carrington Mortgage Services LLC by Melissa Elizabeth Manning (Manning, Melissa) |
| Filing 6 MAILED Notice of Removal letter to counsel of record (rp, ) |
| Filing 5 NOTICE of Motion by David Harold DeCelles for presentment of motion for extension of time to file answer #4 before Honorable Robert W. Gettleman on 4/10/2019 at 09:15 AM. (DeCelles, David) |
| Filing 4 MOTION by Defendant U.S. Secretary 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 U.S. Secretary of Housing and Urban Development (DeCelles, David) |
| Filing 2 CIVIL Cover Sheet (DeCelles, David) |
| Filing 1 NOTICE of Removal from DuPage, case number (2006CH01020) filed by U.S. Secretary of Housing and Urban Development (Attachments: #1 Exhibit A, #2 Notice of Filing)(DeCelles, David) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jjr, ) |
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