Goudy v. ACE Securities Corp. et al
Plaintiff: David Goudy
Defendant: Kimberly J. Goodell, HSBC Bank and ACE Securities Corp.
Case Number: 1:2019cv02491
Filed: April 12, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: Manish S Shah
Nature of Suit: Real Property: Other
Cause of Action: 42:1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2019 Filing 17 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to answer #12 is granted. The briefing schedule on the motion to dismiss #14 is as follows: plaintiff's response is due 7/8/19; defendant HSBC Bank's reply is due 7/22/19. No appearance on 6/18/19 is necessary. The court will issue a ruling on the motion to dismiss via cm/ecf in which any further dates will be set. Notices mailed. (psm, )
June 11, 2019 Filing 16 NOTICE of Motion by Jennifer Rose Friedman for presentment of motion to dismiss #14 before Honorable Manish S. Shah on 6/18/2019 at 09:45 AM. (Friedman, Jennifer)
June 11, 2019 Filing 15 MEMORANDUM by HSBC Bank in support of motion to dismiss #14 HSBC Bank's Memorandum in Support of Combined Rule 12(B)(1) and 12(B)(6) Motion to Dismiss Plaintiff's Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedman, Jennifer)
June 11, 2019 Filing 14 MOTION by Defendant HSBC Bank to dismiss Defendant HSBC Bank USA's Motion to Dismiss Plaintiff's Amended Complaint (Friedman, Jennifer)
June 10, 2019 Filing 13 NOTICE of Motion by Jennifer Rose Friedman for presentment of motion for extension of time to file answer #12 before Honorable Manish S. Shah on 6/18/2019 at 09:45 AM. (Friedman, Jennifer)
June 10, 2019 Filing 12 MOTION by Defendant HSBC Bank for extension of time to file answer or otherwise plead to amended complaint(one day) (Friedman, Jennifer)
May 20, 2019 Filing 11 AMENDED complaint by David Goudy against ACE Securities Corp., Kimberly J. Goodell, HSBC Bank (ek, )
April 29, 2019 Filing 10 MINUTE entry before the Honorable Manish S. Shah: The court, on its own motion, dismisses the complaint without prejudice for failure to state a claim. See Fed. R. Civ. P. 12(b)(6). Plaintiff checked the box to allege a violation of 42 U.S.C. s. 1983, and the complaint alleges that the defendants involved in a mortgage foreclosure are state actors because they are acting on behalf of a governmental body. But this conclusory allegation need not be accepted as true, and there are no allegations that plausibly suggest that these defendants are anything other than private actors enforcing certain rights to foreclosure. Plaintiff appears to be an Illinois citizen and one of the defendants is an attorney based in Illinois. There is no apparent basis for federal court jurisdiction for an action to quiet title (the requested relief in the complaint) and the complaint does not state a plausible claim under Section 1983. The complaint is dismissed without prejudice. Plaintiff may file an amended complaint by May 21, 2019. If no amended complaint is filed, the dismissal will convert to a dismissal with prejudice and final judgment will be entered. Notices mailed. (psm, )
April 25, 2019 Filing 9 SUMMONS Returned Executed by David Goudy as to ACE Securities Corp. on 4/16/2019, answer due 5/7/2019; Kimberly J. Goodell on 4/16/2019, answer due 5/7/2019; HSBC Bank on 4/16/2019, answer due 5/7/2019. (No case number on documents). (Attachments: #1 Ace Securities Corp Return of Service, #2 HSBC Bank Return of Service) (ew, )
April 19, 2019 Filing 8 ATTORNEY Appearance for Defendant HSBC Bank by Adam L. Saper (Saper, Adam)
April 19, 2019 Filing 7 ATTORNEY Appearance for Defendant HSBC Bank by Jennifer Rose Friedman (Friedman, Jennifer)
April 15, 2019 Filing 6 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. (nsf, )
April 12, 2019 Filing 5 SUMMONS Issued as to Defendants ACE Securities Corp., Kimberly J. Goodell, HSBC Bank. (nsf, )
April 12, 2019 Filing 3 PRO SE Appearance by Plaintiff David Goudy. (nsf, )
April 12, 2019 Filing 2 CIVIL Cover Sheet. (nsf, )
April 12, 2019 Filing 1 COMPLAINT filed by David Goudy; Jury Demand. (nsf, )

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Plaintiff: David Goudy
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Defendant: Kimberly J. Goodell
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Defendant: HSBC Bank
Represented By: Adam L. Saper
Represented By: Jennifer Rose Friedman
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Defendant: ACE Securities Corp.
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