Aurora Law Service LLC v. Johnson et al
Aurora Law Service LLC |
Rachel L. Johnson, Mortgage Electronic Registration Systems, Inc., Carrie D. Teager, Unknown Owners and Non-record claimants, Portfolio Recover Associates LLC and Unknown Occupants |
1:2019cv06514 |
September 30, 2019 |
U.S. District Court for the Northern District of Illinois |
Manish S Shah |
Real Property: Foreclosure |
28 U.S.C. ยง 1441 |
None |
Docket Report
This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 12 RESPONSE to Petition for attorney fees and costs by Defendant Carrie D. Teager (pk, ) |
Filing 11 PETITION for Attorney Fees and Costs (Tumialan-Landy, Rosa) |
FORWARDED certified copy of minute order dated 10/3/2019 to DuPage Circuit Court. (pk, ) |
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, ) |
***Civil Case Terminated. (psm, ) |
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) |
Filing 8 MOTION by Plaintiff Aurora Law Service LLC to remand (Tumialan-Landy, Rosa) |
Filing 7 ATTORNEY Appearance for Plaintiff Aurora Law Service LLC by Rosa Maria Tumialan-Landy (Tumialan-Landy, Rosa) |
Filing 6 MAILED Notice of Removal letter to counsel of record. (pk, ) |
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, ) |
Filing 4 APPLICATION by Defendant Carrie D. Teager for leave to proceed in forma pauperis (pk, ) |
Filing 3 PRO SE Appearance by Defendant Carrie D. Teager (pk, ) |
Filing 2 CIVIL Cover Sheet (pk, ) |
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, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.