McBride v. Citigroup et al
| Fodies R. McBride, Sr. |
| Citigroup, CitiMortgage, Cenlar Heavner, William Sullivan, Lisa Perkins, New Star Moore, Robert Foster, Chathic Charities, Freddrenna Lyle, Lisa Perkins Moore and New Star |
| 1:2023cv01219 |
| February 27, 2023 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for extension of time to answer or otherwise plead #19 . Defendants' responsive pleadings are due by 5/12/2023. If Defendants intend to file a motion to dismiss, they should indicate that in the joint status report, propose a mutually agreeable briefing schedule, and report whether Defendants propose to stay discovery pending ruling on the motion to dismiss. Mailed notice (rj, ) |
| Filing 28 MOTION by Plaintiff Fodies R. McBride, Sr for default judgment against defendant William Sullivan. (rc, ) |
| Filing 27 MOTION by Plaintiff Fodies R. McBride, Sr for default judgment against defendant Trenace Rone. (rc, ) |
| Filing 26 MOTION by Plaintiff Fodies R. McBride, Sr for default judgment against defendant Lisa Perkins Moore. (rc, ) |
| Filing 25 MOTION by Plaintiff Fodies R. McBride, Sr for default judgment against defendant Freddrenna Lyle. (rc, ) |
| Filing 24 MOTION by Plaintiff Fodies R. McBride, Sr for default judgment against defendant Robert Foster. (rc, ) |
| Filing 23 MOTION by Plaintiff Fodies R. McBride, Sr for default judgment against defendant CitiGroup. (Notice of Filing) (rc, ) |
| Filing 22 APPLICATION by Plaintiff Fodies R. McBride, Sr for leave to proceed in forma pauperis. (Notice of Filing) (Exhibits) (rc, ) |
| Filing 20 NOTICE of Motion by Tanya Kristina Bouley for presentment of motion for extension of time to file answer #19 before Honorable Sara L. Ellis on 4/26/2023 at 09:45 AM. (Bouley, Tanya) |
| Filing 19 MOTION by Defendants Freddrenna Lyle, William Sullivan for extension of time to file answer or otherwise plead to Plaintiff's Complaint (Attachments: #1 Exhibit A)(Bouley, Tanya) |
| Filing 18 ATTORNEY Appearance for Defendants Freddrenna Lyle, William Sullivan by Tanya Kristina Bouley (Bouley, Tanya) |
| Filing 17 MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiff's emergency motion to reconsider #15 . For the reasons stated in the Court's March 16, 2023 order #14 , the Court cannot grant Plaintiff the emergency relief he requests. He should pursue any defenses he might have to the execution of the state foreclosure sale and related orders in the state foreclosure case. Mailed notice (rj, ) |
| Filing 16 SUMMONS Returned Executed answer due 4/21/2023 by Fodies R. McBride, Sr as to All Defendants. (Attachments: #1 Notice of Filing) (ph, ) |
| Filing 15 EMERGENCY MOTION TO RECONSIDER THE ORDER OF MARCH 16, 2023 REGARDING AN EMERGENCY STAY ON THE FORECLOSURE/SALE/EVICTION & SALE/PROCCESSION REGARDING STATE FORECLOSURE # 19-CH-358 PURSUANT TO RULE 60(b) FRCP by Plaintiff Fodies R. McBride, Sr. (Attachments: #1 Notice of Filing) (ph, ) |
Filing 14
ORDER: The Court denies Plaintiff Fodie McBride's emergency motion to stay approved foreclosure sale #6 . McBride's motion amounts to a request that the court stay proceedings in his state court foreclosure action. But such relief, and any other injunctive relief implicating the related state court proceedings, is barred by the Anti-Injunction Act. The Anti-Injunction Act prohibits a federal court from granting an injunction to stay proceedings in a state court "except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments." 28 U.S.C. 2283. None of the exceptions apply here. Congress has not expressly authorized the requested injunction and no unique federal right exists here that will be frustrated if not enjoined. The "necessary in aid of jurisdiction" exception applies typically to in rem actions, but the Court does not have in rem jurisdiction over the property at issue. See Winkler v. Eli Lilly & Co., 101 F.3d 1196, 1202 (7th Cir. 1996) ("Ordinarily, the 'aid of jurisdiction' exception to the Anti-Injunction Act applies only to parallel state in rem rather than in personam actions."). Moreover, even if this were an in rem case, this Court could not enjoin the state court proceeding because the state court obtained custody of the res first. Catuara v. Heavner Handegan Scott & Beyers, No. 03 C 563, 2003 U.S. Dist. LEXIS 8027, at *6 (N.D.Ill. May 8, 2003). The relitigation exception does not apply because that exception applies only to matters that have already been adjudicated. Id. at *7. Here, there has been no final adjudication or judgment in this case that needs to be protected or effectuated. Thus, the Anti-Injunction Act bars McBride's request for injunctive relief. The Court denies Plaintiff's motion for attorney representation #4 without prejudice. Plaintiff has not filed a financial affidavit demonstrating that he cannot afford an attorney. The Clerk is directed to seal document #6 . The initial status conference in this matter is set for 5/9/2023 at 9:30 a.m. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' website and to submit the required Initial Status Report by 5/2/2023. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by the Honorable Sara L. Ellis on 3/16/2023: Mailed notice. (rc, )
|
| Filing 13 NOTICE by Fodies R. McBride, Sr of filing. (rc, ) |
| Filing 12 COMPLAINT filed by Fodies R. McBride, Sr. (Exhibits) (rc, ) |
| Filing 11 COMPLAINT filed by Fodies R. McBride, Sr. (rc, ) |
| Filing 10 COMPLAINT filed by Fodies R. McBride, Sr. (Exhibits) (rc, ) |
| Filing 9 COMPLAINT filed by Fodies R. McBride, Sr. (Exhibits) (rc, ) |
| Filing 8 COMPLAINT filed by Fodies R. McBride, Sr. (rc, ) |
| Filing 7 COMPLAINT filed by Fodies R. McBride, Sr. (Exhibits) (rc, ) |
| Filing 6 EMERGENCY MOTION by Plaintiff Fodies R. McBride, Sr to stay approved foreclosure sale and immediate pocession/eviction order entered in state foreclosure case #2019CH368 "For alleged lack of jurisdiction & fraud" (Exhibits). (aee, ) |
| SUMMONS Issued as to Defendants Chathic Charities, Citigroup, Robert Foster, Freddrenna Lyle, New Star Moore, Lisa Perkins, William Sullivan (smb, ) |
| 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. (ph, ) |
| Filing 4 MOTION by Plaintiff Fodies R. McBride, Sr for attorney representation. (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Fodies R. McBride, Sr. (ph, ) |
| Filing 2 CIVIL Cover Sheet. (ph, ) |
| Filing 1 COMPLAINT filed by Fodies R. McBride, Sr; Jury Demand. (Exhibits) (ph, ) |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ph, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
