Smith v. Buie, Jr. et al
| Keisha Smith |
| Emmerson Buie, Jr. and D.J. Rossini |
| 1:2021cv04901 |
| September 15, 2021 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Other Statutory Actions |
| 28 U.S.C. ยง 1442 |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 ENTERED JUDGMENT, Civil case terminated. Mailed notice(lk, ) |
| Filing 8 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff sued in state court seeking to stop a federal criminal investigation by the United States Department of Homeland Security, the United States Small Business Administration Office of the Inspector General, and two FBI agents. The United States timely removed the action to Federal Court and then moved to dismiss the complaint for lack of jurisdiction #5 . The United States correctly removed the case to Federal Court because state courts do not have jurisdiction to enjoin federal acts or federal officers. Rogers v. Calumet National Bank, 358 U.S. 331 (1959). Once removed here, this Court has no jurisdiction over the federal defendants because the state had no jurisdiction upon removal. Ricci v. Saltzman, 976 F.3rd 768, 773 (7th Cir. 2020). The Court, however, in an abundance of caution gave Plaintiffs until 10/7/2021 to respond to the Government's motion to dismiss. Plaintiffs have failed to do so. Therefore, the case is dismissed without prejudice pursuant to Fed. R. Civ. P. 12(b)(1) on derivative jurisdiction grounds. Mailed notice (lk, ) |
| Filing 7 REPLY by Defendants Emmerson Buie, Jr., D.J. Rossini in Support of Motion to Dismiss (Ling, Ernest) |
| Filing 6 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Defedants' Motion to Dismiss #5 . Responses due by 10/7/2021; Replies due by 10/14/2021. Teleconference Status hearing set for 12/7/2021 at 9:00 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing.Mailed notice (lk, ) |
| Filing 5 MOTION by Defendants D.J. Rossini, Emmerson Buie, Jr. to dismiss (Ling, Ernest) |
| Filing 4 MAILED Notice of Removal letter to Plaintiff Keisha Smith (cp, ) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jj, ) |
| Filing 3 DESIGNATION of Ernest Yi Ling as U.S. Attorney for Defendants Emmerson Buie, Jr., D.J. Rossini (Ling, Ernest) |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, case number (2021CH04413) filed by Emmerson Buie, Jr., D.J. Rossini Ex. 1: state court documents (Ling, Ernest) |
| Filing 1 CIVIL Cover Sheet (Ling, Ernest) |
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