The State of Illinois, Department of Children and Family Services v. Cazares et al
| The State of Illinois, Department of Children and Family Services |
| Josue J Turcios and Avangelina V Cazares |
| 1:2019cv05570 |
| August 19, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Document Text |
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| Filing 15 REMAND with certified copy of order dated 9/17/2019 and letter to Circuit Court of Cook County via email. (bg, ) |
| Filing 14 ENTERED JUDGMENT. Mailed Notice. (bg, ) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang:The Court has reviewed the Notice of Removal, R. 1, and remands the case for lack of subject matter jurisdiction. Defendants assert that federal-question jurisdiction applies because (1) they did not receive a summons or copy of the Illinois Department of Children and Family Services (DCFS) petition; (2) DCFS is a state actor; and (3) DCFS violated their constitutional rights when it seized their children without probable cause. R. 1 at 5. But DCFSthe **plaintiff**has not brought any claims under federal law or the Constitution. Federal-question jurisdiction cannot rest on any claims brought by **the defendants** against the plaintiff. E.g., Vaden v. Discover Bank, 556 US 46, 61 (2009). As a result, DCFS's complaint must remain in state court, specifically, the Circuit Court of Cook County. The case is remanded forthwith to the Circuit Court of Cook County. All motions are terminated without prejudice. Motion hearing of 09/18/2019 is vacated. Civil case terminated. Emailed notice (slb, ) |
| Filing 12 NOTICE of Motion by Avangelina V Cazares, Josue J Turcios for presentment of motion for order #11 before Honorable Edmond E. Chang on 9/18/2019 at 08:30 AM. (bg, ) |
| Filing 11 MOTION by Defendants Avangelina V Cazares, Josue J Turcios for temporary restraining order and injunction (Exhibits) (bg, ) |
| Filing 10 NOTICE of Errata to correct defendants Notice of Removal to Federal Court by Avangelina V Cazares (Exhibit) (bg, ) |
| Filing 9 NOTICE of Errata to correct defendants motion to dismiss with prejudice by Avangelina V Cazares (Exhibit) (bg, ) |
| Filing 8 NOTICE of Motion by Avangelina V Cazares for presentment of motion to dismiss #7 before Honorable Edmond E. Chang on 9/30/2019 at 08:30 AM. (bg, ) |
| Filing 7 MOTION by Defendants Avangelina V Cazares, Josue J Turcios to dismiss with prejudice (Exhibits) (Attachments: #1 Exhibits)(bg, ) |
| 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. (bg, ) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (bg, ) |
| Filing 4 APPLICATION by Defendant Avangelina V Cazares for leave to proceed in forma pauperis (bg, ) |
| Filing 3 PRO SE Appearance by Defendant Avangelina V Cazares (bg, ) |
| Filing 2 CIVIL Cover Sheet (bg, ) |
| Filing 1 RECEIVED NOTICE of Removal from Circuit Court of Cook County, Child Protection Div, 19JA000454 and No copies by Avangelina V Cazares, Josue J Turcios (Exhibits) (bg, ) |
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