RSS GSMS2013-GCJ16 - IL SPH, LLC v. Schiller Park Hospitality, LLC et al
| RSS GSMS2013-GCJ16 - IL SPH, LLC |
| SCHILLER PARK HOSPITALITY, LLC, ILLINOIS STATE TOLL HIGHWAY AUTHORITY, UNKNOWN OWNERS and NON-RECORD CLAIMANTS |
| 1:2022cv06824 |
| December 5, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Mortgage Foreclosure |
| None |
Docket Report
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| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal #10 , and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), this matter is concluded. All future dates and deadlines are stricken; any pending motions are denied as moot. Civil case terminated. Mailed notice (air, ) |
| Filing 10 NOTICE of Voluntary Dismissal by RSS GSMS2013-GCJ16 - IL SPH, LLC (Davis, Aaron) |
| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for extension of time to file jurisdictional brief #7 is granted. The plaintiff's jurisdictional brief is due 1/30/23. Mailed notice (air, ) |
| Filing 8 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 7 MOTION by Plaintiff RSS GSMS2013-GCJ16 - IL SPH, LLC for extension of time to file jurisdictional brief. (Davis, Aaron) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff's complaint #1 names certain "unknown owners" and "non-record claimants" as defendants in this action, and the plaintiff has filed an affidavit for service by publication #5 requesting the Clerk of this Court to publish a Notice of Foreclosure and/or Notice of Pendency of Action to facilitate service of process pursuant to Illinois Rules of Civil Procedure. The complaint does not (and, indeed, cannot), however, allege the citizenship of any of the "unknown owners" and "non-record claimants." See John Hancock Mut. Life Ins. Co. v. Cent. Nat'l Bank in Chi., 555 F.Supp. 1026, 1027 (N.D. Ill. 1983) ("It is tautological to say plaintiff cannot demonstrate 'unknown owners and nonrecord claimants' are citizens of a state other than plaintiff's." (citing Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1191 (9th Cir.1970)). For this Court to exercise subject matter jurisdiction under 28 U.S.C. 1332, the citizenship of all parties must be alleged such that there is complete diversity and diversity jurisdiction remains viable, or, when that is not possible due to the presence of unknown defendants, any parties whose citizenship cannot be alleged must be deemed nominal or dispensable parties for the case to proceed with said parties as defendants. See Howell by Goerdt v. Trib. Ent. Co., 106 F.3d 215, 218 (7th Cir. 1997). "Many courts in the Northern District of Illinois have dismissed mortgage-foreclosure cases that included unknown owners and nonrecord claimants, having concluded that such defendants are not nominal parties." First Bank v. Tamarack Woods, LLC, No. 13CV00058WDS, 2013 WL 5436373 (S.D. Ill. Sept. 30, 2013) (collecting cases). Accordingly, the plaintiff is directed to file a jurisdictional brief by 12/30/22 regarding the dispensability or nominal status of the unknown owners and non-record claimants in this case (or why diversity jurisdiction would otherwise remain viable if they remain parties to the case). Alternatively, the plaintiff may file an amended complaint dropping said parties as defendants. Mailed notice (air, ) |
| Filing 5 AFFIDAVIT of Aaron Davis regarding complaint, #1 for Service by Publication (Davis, Aaron) |
| Filing 4 AFFIDAVIT of Jason J. DeJonker regarding complaint, #1 (Davis, Aaron) |
| Filing 3 ATTORNEY Appearance for Plaintiff RSS GSMS2013-GCJ16 - IL SPH, LLC by Aaron E. Davis (Davis, Aaron) |
| Filing 2 CIVIL Cover Sheet (Davis, Aaron) |
| Filing 1 COMPLAINT filed by RSS GSMS2013-GCJ16 - IL SPH, LLC; Filing fee $ 402, receipt number AILNDC-20108030. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Davis, Aaron) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (kra, ) |
| 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. (kra, ) |
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