Kloak et al v. Hayes et al
| John Kloak |
| Amanda Hayes, Johnson, Blumberg & Associates, LLC and Select Portfolio Servicing, Inc. |
| 1:2021cv05575 |
| October 20, 2021 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2022. A more recent docket listing may be available from PACER.
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Filing 22
MOTION by Defendants Select Portfolio Servicing, Inc., Johnson, Blumberg & Associates, LLC, Amanda Hayes to dismiss (Bach, Kenneth)
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Filing 21
ATTORNEY Appearance for Defendant Amanda Hayes by Kenneth W Bach (Bach, Kenneth)
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Filing 20
ATTORNEY Appearance for Defendant Johnson, Blumberg & Associates, LLC by Kenneth W Bach (Bach, Kenneth)
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Filing 19
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants have moved to dismiss the complaint. Plaintiff is given until 12/28/2021 to file a response to the motion. If plaintiff does not respond, the Court will consider the motion without the benefit of plaintiff's views. Defendants are given until 1/11/2022 to file a reply to plaintiff's response to the motion to dismiss. Mailed notice. (mma, )
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Filing 18
NOTICE by Pooja Dosi of Change of Address (Dosi, Pooja)
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Filing 17
ATTORNEY Appearance for Defendant Select Portfolio Servicing, Inc. by Matthew Carl Kromm (Kromm, Matthew)
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Filing 16
MEMORANDUM by Select Portfolio Servicing, Inc. in support of Motion to Dismiss for Failure to State a Claim #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Altman, Jason)
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Filing 15
MOTION to Dismiss Plaintiff's Complaint by Defendant Select Portfolio Servicing, Inc. (Altman, Jason) (Docket Text Modified by Clerk's Office on 12/7/2021) (jg, ).
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Filing 14
ATTORNEY Appearance for Defendant Select Portfolio Servicing, Inc. by Pooja Dosi (Dosi, Pooja)
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Filing 13
ATTORNEY Appearance for Defendant Select Portfolio Servicing, Inc. by Jason Daniel Altman (Altman, Jason)
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Filing 12
WAIVER of service returned unexecuted as to Amanda Hayes, filed by John Kloak. (nsf, )
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Filing 11
REQUEST for Waiver of Service sent to Amanda Hayes on 10/21/2021 by Plaintiff John Kloak. (ph, )
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Filing 10
WAIVER OF SERVICE returned executed by John Kloak. Johnson, Blumberg & Associates, LLC waiver sent on 10/21/2021, answer due 12/20/2021. (cp, )
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Filing 9
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff John Kloak has filed a lawsuit in this court against defendants Amanda Hayes, Johnson, Blumberg & Assocs., LLC, and Select Portfolio Servicing, Inc., asserting claims for breach of contract, fraud, and racketeering. After filing the case against those defendants, plaintiff filed in this case a "notice of removal" purporting to remove to this Court a state court lawsuit against him by other parties, namely Deutsche Bank Nat'l Trust Co. and Long Beach Mortgage. The "notice of removal" [dkt. no. 6] is hereby stricken by the Court because it is improperly filed as part of this case. If plaintiff believes he can appropriately remove the state court case to federal court--which is highly doubtful, to say the least--he must remove it and file a separate case in this district, paying a separate filing fee and complying with all requirements for removal. In other words, plaintiff cannot "remove" the state court case into this already pending lawsuit. If, after proper removal, plaintiff believes the two cases should be considered related and/or consolidated, he may file an appropriate motion to that effect, following the applicable Federal Rules of Civil Procedure and this district's Local Rules, which are found on the District's website. The improperly-filed "notice of removal" is not effective to remove the state court case to federal court. In other words, the state court case is still properly before the state court, as it has not been appropriately removed to federal court. (mk)
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Filing 8
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has paid the filing fee. He is advised that he must cause each of the defendants to be served with the complaint and a summons. Service must be performed by someone other than the plaintiff who is over 18 years old. The case is set for a telephonic status hearing on 1/4/2022 at 9:00 AM, using call-in number 888-684-8852, access code 746-1053. Plaintiff is advised that he must call in at that date and time; if he fails to do so, the case may be dismissed for want of prosecution. The Court will enter a separate order regarding the purported "notice of removal" filed in this case by plaintiff. (mk)
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Filing 7
WAIVER OF SERVICE returned executed by John Kloak. Select Portfolio Servicing, Inc. waiver sent on 10/21/2021, answer due 12/20/2021. (jn, )
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Filing 6
NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2019CHI14980) filed by John Kloak against Deutsch Bank National Trust Company, Long Beach Mortgage. (Exhibits). (jn, )
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Filing 5
SUMMONS Issued as to Defendants Amanda Hayes, Johnson, Blumberg & Associates, LLC, Select Portfolio Servicing, Inc. (ec, )
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Filing 3
PRO SE Appearance by Plaintiff John Kloak (ec, )
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Filing 2
CIVIL Cover Sheet (ec, )
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Filing 1
COMPLAINT filed by John Kloak; Jury Demand. (Exhibits)(ec, )
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ec, )
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