Hildebrandt, individually, and on behalf of all others similarly situated v. Dovenmuehle Mortgage, Inc.
| Robert C Hildebrandt, individually, and on behalf of all others similarly situated |
| Dovenmuehle Mortgage, Inc. |
| 1:2020cv06168 |
| October 16, 2020 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: This case is hereby dismissed without prejudice to refiling in state court, with each party to bear its own costs and fees, pursuant to the Stipulation of Dismissal #21 filed by the parties on 3/4/2021.Civil case terminated. (rao, ) |
| Filing 21 STIPULATION of Dismissal Without Prejudice (Comstock, Christopher) |
| Filing 20 STATUS Report (Stipulation and Joint Status Report) by Dovenmuehle Mortgage, Inc. (Comstock, Christopher) |
| Filing 19 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the 2/12/2021 joint status report. #17 . In addition, on 2/4/2021, the parties sent to the proposed order box (in accordance with the court's motion procedures) a joint proposed briefing schedule on the motion to dismiss #11 , which the court has now filed on the docket, #18 . The motion to reassign the Whitaker and Treliving cases was granted. #16 . Those cases have been reassigned to this court. In the joint proposed briefing schedule, the Hildebrandt parties request that defendant DMI be given three weeks from the entry of the order reassigning the cases to respond to the remand motions and that the plaintiffs be given two weeks after the filing of DMI's response in order to file replies in support of remand. That is an appropriate schedule, but before entering a schedule the parties are directed to confer with each other and with the parties in Treliving and Whitaker and file by 2/26/2021 a joint status report (which may be a single consolidated report from all parties in Hildebrandt, Treliving, and Whitaker, or may be a separate joint status report in each case) on the topics listed below. Separately, in light of the forthcoming jurisdictional briefing, the pending motion to dismiss #11 is stricken solely for docket management purposes, without prejudice to refiling if the case remains in federal court. The 2/26/2021 joint status report should address the following topics: 1. Because Hildebrandt was filed in this court originally, there is no remand motion in Hildebrandt. Nonetheless, the Hildebrandt parties are directed to show cause whether jurisdiction exists. Given the difference in the procedural posture (absence of a remand motion), the Hildebrandt parties are directed to confirm whether the briefing schedule in Hildebrandt should track the briefing schedules in Whitaker and Treliving and if not, propose any changes to the Hildebrandt briefing schedule. 2. The parties are directed to confirm whether or not they seek consolidation of the jurisdictional briefing with the Whitaker and Treliving cases or would like to file separate briefs in each case. 3. If the parties would like to request a telephonic status hearing or wish to bring any other matters to the court's attention, the parties should include that information in the joint status report. (rao, ) |
| Filing 18 Proposed Briefing Schedule by Dovenmuehle Mortgage, Inc., Robert C Hildebrandt, individually, and on behalf of all others similarly situated (rao, ) |
| Filing 17 STATUS Report by Robert C Hildebrandt, individually, and on behalf of all others similarly situated (Davidson, Joseph) |
| Filing 16 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed and agreed motion to reassign cases #13 is granted. Donald Whitaker v. Dovenmuehle Mortgage, Inc., Case No. 20-cv-6746, pending before Judge Dow; and Katherine Treliving v. Dovenmuehle Mortgage, Inc., Case No. 20-cv-6923, pending before Judge Ellis will be reassigned to this court. (rao, ) |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold:The court has received Defendant's motion to dismiss #11 . The parties are directed to confer and submit a joint proposed briefing schedule to the court's proposed order inbox by 2/4/2021. (rao, ) |
| Filing 14 MEMORANDUM by Dovenmuehle Mortgage, Inc. in support of motion to reassign case #13 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Comstock, Christopher) |
| Filing 13 MOTION by Defendant Dovenmuehle Mortgage, Inc. to reassign case (Unopposed and Agreed) (Comstock, Christopher) |
| Filing 12 MEMORANDUM by Dovenmuehle Mortgage, Inc. in support of Motion to Dismiss for Failure to State a Claim #11 (Attachments: #1 Exhibit 1)(Comstock, Christopher) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Dovenmuehle Mortgage, Inc. (Comstock, Christopher) |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion for extension of time to answer or otherwise plead to Plaintiff's Complaint #9 is granted. Defendant to answer or otherwise plead to the complaint by 1/29/2021. The parties are directed to file the initial joint status report by 2/12/2021. (rao, ) |
| Filing 9 MOTION by Defendant Dovenmuehle Mortgage, Inc. for extension of time to file answer regarding complaint, #1 (Comstock, Christopher) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion for extension of time to answer or otherwise plead to the complaint #6 is granted. Defendant to answer or otherwise plead to Plaintiff's complaint by 12/18/2020. The parties are directed to file an initial joint status report by 1/11/2021. (Attachments: #1 Initial Status Report outline) (rao, ) |
| Filing 7 ATTORNEY Appearance for Defendant Dovenmuehle Mortgage, Inc. by Lucia Nale (Nale, Lucia) |
| Filing 6 MOTION by Defendant Dovenmuehle Mortgage, Inc. for extension of time to Answer or Otherwise Respond to the Complaint (Unopposed) (Comstock, Christopher) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dovenmuehle Mortgage, Inc. (Comstock, Christopher) |
| Filing 4 ATTORNEY Appearance for Defendant Dovenmuehle Mortgage, Inc. by Christopher Steven Comstock (Comstock, Christopher) |
| Filing 3 SUMMONS Returned Executed by Robert C Hildebrandt, individually, and on behalf of all others similarly situated as to Dovenmuehle Mortgage, Inc. on 10/20/2020, answer due 11/10/2020. (Davidson, Joseph) |
| Filing 2 ATTORNEY Appearance for Plaintiff Robert C Hildebrandt, individually, and on behalf of all others similarly situated by Joseph Scott Davidson (Davidson, Joseph) |
| Filing 1 COMPLAINT filed by Robert C Hildebrandt, individually, and on behalf of all others similarly situated; Jury Demand. Filing fee $ 400, receipt number 0752-17550147. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Davidson, Joseph) |
| SUMMONS Issued as to Defendant Dovenmuehle Mortgage, Inc. (exr, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (exr, ) |
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| Plaintiff: Robert C Hildebrandt, individually, and on behalf of all others similarly situated | |
| Represented By: | Joseph Scott Davidson |
| Represented By: | Joseph S. Davidson |
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| Defendant: Dovenmuehle Mortgage, Inc. | |
| Represented By: | Lucia Nale |
| Represented By: | Christopher Steven Comstock |
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