Aurora Law Service LLC v. Johnson et al
Plaintiff: Aurora Law Service LLC
Defendant: Rachel L. Johnson, Mortgage Electronic Registration Systems, Inc., Carrie D. Teager, Unknown Owners and Non-record claimants, Portfolio Recover Associates LLC and Unknown Occupants
Case Number: 1:2019cv06514
Filed: September 30, 2019
Court: U.S. District Court for the Northern District of Illinois
Presiding Judge: Manish S Shah
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2019 Filing 12 RESPONSE to Petition for attorney fees and costs by Defendant Carrie D. Teager (pk, )
October 15, 2019 Filing 11 PETITION for Attorney Fees and Costs (Tumialan-Landy, Rosa)
October 8, 2019 FORWARDED certified copy of minute order dated 10/3/2019 to DuPage Circuit Court. (pk, )
October 3, 2019 Filing 10 MINUTE entry before the Honorable Manish S. Shah: Defendant Teager's attempt to remove this case is improper. The complaint is a state-law claim for foreclosure and the notice of removal does not establish diversity jurisdiction. Teager's reference to the Fair Debt Collection Practices Act does not establish subject-matter jurisdiction because no federal counterclaim has been pleaded. And the removal is untimely. The complaint was filed in 2011. The time to remove was many years ago. See 28 U.S.C. 1446(b)(1). Finally, removal is improper because Teager failed to obtain the consent of the other defendant. 28 U.S.C. 1446(b)(2)(A). There are no reasonable grounds to remove the case, and Teager knows this: on September 9, 2019, an earlier attempt to remove the foreclosure case was remanded, and the court told Teager that removal was inappropriate. See Aurora Loan Services, LLC v. Johnson, et al., No. 19 CV 5221, Dkt. No. 10 (N.D. Ill.) Plaintiff's motion to remand #8 is granted, and because there was no objectively reasonable basis to remove the case, Teager must pay plaintiff's costs and expenses, including attorney's fees incurred as a result of the removal. See Jackson Cty. Bank v. DuSablon, 915 F.3d 422, 424 (7th Cir. 2019). The clerk is directed to remand this case forthwith to the Circuit Court of DuPage County and terminate the case. Plaintiff may file a statement of fees and costs by 10/17/19. Defendant Teager may respond to the statement of fees by 10/31/19. The court will enter an award of expenses by cm/ecf. No appearance on 10/8/19 is necessary. Teager's application to proceed in forma pauperis #4 is denied as moot. The court will consider Teager's financial wherewithal when assessing the award of expenses in its discretion. But Teager is warned that frivolous or vexatious filings may be met with additional sanctions. Notices mailed. (psm, )
October 3, 2019 ***Civil Case Terminated. (psm, )
October 2, 2019 Filing 9 NOTICE of Motion by Rosa Maria Tumialan-Landy for presentment of motion to remand #8 before Honorable Manish S. Shah on 10/8/2019 at 09:45 AM. (Tumialan-Landy, Rosa)
October 2, 2019 Filing 8 MOTION by Plaintiff Aurora Law Service LLC to remand (Tumialan-Landy, Rosa)
October 2, 2019 Filing 7 ATTORNEY Appearance for Plaintiff Aurora Law Service LLC by Rosa Maria Tumialan-Landy (Tumialan-Landy, Rosa)
October 1, 2019 Filing 6 MAILED Notice of Removal letter to counsel of record. (pk, )
October 1, 2019 Filing 5 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. (pk, )
September 30, 2019 Filing 4 APPLICATION by Defendant Carrie D. Teager for leave to proceed in forma pauperis (pk, )
September 30, 2019 Filing 3 PRO SE Appearance by Defendant Carrie D. Teager (pk, )
September 30, 2019 Filing 2 CIVIL Cover Sheet (pk, )
September 30, 2019 Filing 1 RECEIVED NOTICE of Removal from Circuit Court of the 18th Judicial Circuit DuPage County with copy of complaint and summons, 2011CH001221 filed by defendant Carrie D. Teager. (Exhibits) (pk, )

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Plaintiff: Aurora Law Service LLC
Represented By: Barbara J. Dutton
Represented By: Rosa Maria Tumialan-Landy
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Defendant: Rachel L. Johnson
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Defendant: Mortgage Electronic Registration Systems, Inc.
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Defendant: Carrie D. Teager
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Defendant: Unknown Owners and Non-record claimants
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Defendant: Portfolio Recover Associates LLC
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Defendant: Unknown Occupants
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