RICM Properties, LLC 7244 v. Thomas-Wise
| RICM Properties, LLC 7244 |
| Gloria Thomas-Wise and Gloria J. Thomas Wise |
| 1:2022cv04101 |
| August 5, 2022 |
| US District Court for the Northern District of Illinois |
| Elaine E Bucklo |
| Mary M Rowland |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Filing 8 REMAND with certified copy of order dated 9/21/2022 and letter to Circuit Court of Cook County via email. (cxr, ) |
| Filing 7 MINUTE entry before the Honorable Mary M. Rowland: On 8/23/22, this Court ordered Defendant Gloria Thomas-Wise to file an amended notice of removal by 9/20/22, which purported to remove a state foreclosure case on the basis of diversity jurisdiction. #6 . The Court directed Defendant to attach a copy of all process, pleadings, and orders served upon her in the state court action, as required under 28 U.S.C. 1446(a), and to properly allege the citizenships of both parties. Defendant did not file an amended notice of removal nor a motion for an extension of time. As the party invoking federal jurisdiction, Defendant bears the burden of demonstrating federal jurisdiction, and "federal courts should interpret the removal statute narrowly, resolving any doubt in favor of the plaintiff's choice of forum in state court." Schur v. L.A. Weight Loss Centers, Inc., 577 F.3d 752, 758 (7th Cir. 2009). Defendant has not met her burden to establish that the parties are completely diverse in citizenship, as required under 28 U.S.C. 1332. Moreover, the Court's independent review of the state court's electronic docket reveals that removal is improper in any event. See Sanders v. Radtke, No. 20-1451, --- F,4th -----, 2022 WL 3974271, at *6 (7th Cir. Sept. 1, 2022) (explaining that federal courts "may take judicial notice of state court dockets"). First, the electronic docket for the state court case indicates that Plaintiff filed the case in December 2011, and Defendant filed her appearance in February 2012. See Full Electronic Docket Search, PNC Bank v. City of Chicago, 2011-CH-43752 (Cir. Ct. Cook County). Pursuant to 28 U.S.C. 1446(b)(1), a notice of removal must be filed within thirty days after receipt of a copy of the initial pleading. Defendant, however, filed her notice of removal in August 2022, more than ten years after it appears she initially received the state court complaint. The time limit in Section 1446(b) constitutes "a strictly applied rule of procedure and untimeliness is a ground for remand." N. Ill. Gas Co. v. Airco Indus. Gases, A Div. of Airco, Inc., 672 F2d 270, 273 (7th Cir. 1982). In addition, the state court docket reveals that, in addition to Defendant Thomas-Wise, there are other defendants in the case: the City of Chicago and Neighborhood Lending Services. The removal statute prohibits removal of diversity cases when a defendant is a citizen of the forum. See 28 U.S.C. 1441(b)(2). Defendant does not clear the hurdle of this "forum defendant rule" because the City of Chicago, an Illinois citizen, is also a named defendant. See City of Chicago v. Smollett, 421 F. Supp. 3d 565, 570 (N.D. Ill. 2019) ("City of Chicago is an Illinois municipal corporation and is a citizen of Illinois for diversity jurisdiction purposes."). In sum, Defendant fails to meet her burden to establish this Court's subject matter jurisdiction; and her notice of removal is also deficient under Section 1446. This Court therefore remands this case to state court. The Clerk is directed to remand this case forthwith to the Circuit Court of Cook County, Illinois. Plaintiff's application for leave to proceed in forma pauperis #4 is denied as moot. Civil case terminated. Mailed notice. (dm, ) |
| ***Civil Case Terminated. (dm, ) |
| MAILED a copy of Order dated 8/23/22 to Defendant. (dm, ) |
| Filing 6 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed Defendant's notice of removal #1 which purports to remove a state foreclosure case on the basis of diversity jurisdiction. The notice does not provide this Court with sufficient information to ascertain whether it can ascertain diversity jurisdiction. For example, the notice is procedurally deficient because it is unaccompanied by the operative state court complaint and summons. To properly remove a case, Defendant is required to attach a copy of all process, pleadings, and orders served upon her in the state court action. See 28 U.S.C. 1446(a). The notice is also substantively deficient because Defendant does not adequately allege the citizenships of the parties. The notice states that Defendant is an "Aboriginal-Indigenous National of Indigenous Lands and an U.S. National" and that Plaintiff is an LLC whose headquarters cannot be found through a search. #1 at 2. Defendant is advised that for individuals, citizenship means the state of his or her domicile. Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Moreover, because "the citizenship of an LLC is the citizenship of each of its members," when a party is organized as an LLC, the jurisdictional statement to the court "must identify the citizenship of each of its members" as of the date the notice of removal was filed, "and, if those members have members, the citizenship of those members as well." Thomas v. Guardsmark, LLC, 487 F.3d 531, 533 (7th Cir. 2007). To correct these deficiencies, Defendant is given leave to file an amended notice of removal by 9/20/22. The amended notice should attach copies of all process, pleadings, and orders served on her in the state court action, and should properly allege the citizenships of both parties. Failure to file an amended notice of removal may result in remand of the case for lack of jurisdiction. Mailed notice. (dm, ) |
| Filing 5 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Mary M. Rowland for all further proceedings pursuant to 28:294(b). Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 8/19/2022. (cxr, ) |
| Filing 4 APPLICATION by Defendant Gloria Thomas-Wise for leave to proceed in forma pauperis (cxr, ) |
| Filing 3 PRO SE Appearance by Defendant Gloria Thomas-Wise (cxr, ) |
| Filing 2 CIVIL Cover Sheet (cxr, ) |
| Filing 1 RECEIVED NOTICE of Removal from Cook County Circuit Court, case number (11CH43752) filed by Gloria Thomas-Wise (Attachments: #1 Affidavit, #2 Notice of Filing) (cxr, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cxr, ) |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (cxr, ) |
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