Foster v. PHH Mortgage et al
| Scott Rydin Foster |
| Shapiro Kreisman & Associates, Jerome Selitto, James Brusek, PHH Mortgage, Ellis Bernard Levin, Nial Robbins, William Bellows, Glen Messina, Siwatu Wilson, Joseph Mungovan Herbas, Terry Ann Wohl, Denisha Hunt and Thomas Joseph Belczak |
| 1:2020cv04208 |
| July 16, 2020 |
| US District Court for the Northern District of Illinois |
| Marvin E Aspen |
| Manish S Shah |
| Contract: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on August 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to dismiss #7 is granted. Plaintiff has moved to dismiss before any defendant has appeared. Under Rule 41(a)(1)(A), plaintiff is free to do so without any court order or permission. Plaintiff states that he does not want permission to re-file the lawsuit. The case is dismissed with prejudice on plaintiff's motion. Terminate civil case. Notices mailed. (psm, ) |
| Filing 7 MOTION by Plaintiff Scott Rydin Foster to dismiss case and refile this case (bg, ) |
| Filing 6 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's complaint suggests he is filing suit under the federal criminal bank fraud statute. That statute does not authorize a private plaintiff to sue defendants for damages. Federal prosecutors with the United States Department of Justice are solely responsible for filing charges under the criminal bank fraud statute. Usually, a civil suit for fraud is brought under state law and can be heard in federal court when the dispute is between citizens of different states and the amount in controversy exceeds $75,000. Here, plaintiff names several defendants who appear to be Illinois citizens, and plaintiff appears to be an Illinois citizen. There does not appear to be jurisdiction in federal court over plaintiff's claim. Plaintiff has paid the filing fee and is responsible for serving a summons and complaint on each defendant for the lawsuit to move forward. But if there is no jurisdiction, the court has an independent obligation to dismiss the suit (without prejudice to filing suit in court that does have jurisdiction). Plaintiff should consider what claim he is trying to bring, and against whom, and may file an amended complaint clarifying his case. An amended complaint replaces the original complaint in its entirety. If no amended complaint is filed by 8/17/20, the court will assume that plaintiff intends to proceed on the original complaint as written and will review its jurisdiction accordingly. Notices mailed. (psm, ) |
| Filing 5 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Manish S. Shah for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Marvin E. Aspen no longer assigned to the case Signed by Honorable Marvin E. Aspen on 7/20/2020. (nsf, ) |
| SUMMONS Issued as to Defendants Thomas Joseph Belczak, William Bellows, James Brusek, Joseph Mungovan Herbas, Denisha Hunt, Ellis Bernard Levin, Glen Messina, PHH Mortgage, Nial Robbins, Jerome Selitto, Shapiro Kreisman & Associates, Siwatu Wilson, Terry Ann Wohl (tg, ) |
| Filing 2 CIVIL Cover Sheet. (nsf, ) |
| Filing 1 COMPLAINT filed by Scott Rydin Foster. (Exhibits) (nsf, ) |
Filing 4
ORDER: Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020.Mailed notice (nsf, )
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