Price v. Nationstar Mortgage LLC et al
| Derric Price |
| Nationstar Mortgage LLC and Deutsche Bank Trust Company |
| 1:2023cv03042 |
| May 15, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 ENTERED JUDGMENT Signed by the courtroom deputy on 11/09/2023. Emailed notice (mw, ) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff did not respond to the jurisdictional inquiry. R. 23. Without a confirmation on diversity jurisdiction, the case is dismissed without prejudice. But the Plaintiff may file a timely motion to vacate judgment under Civil Rule 60(b), and the Court certainly will consider vacating the judgment upon confirmation of diversity jurisdiction. The motion #19 to dismiss is terminated without prejudice. A separate AO-450 judgment shall be entered. The tracking status hearing of 11/10/2023 is vacated. Civil as terminated. Emailed notice (mw, ) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: (1.) The Court posts a jurisdictional inquiry: the Plaintiff relies on diversity of citizenship, R. 1 at 2, para. 2, but only alleges his residency in Illinois, R. 1 at 2, para. 3. Residency is not the same as citizenship for diversity-jurisdiction purposes. Citizenship turns on domicile, meaning the state to which the Plaintiff returns after temporary absences. Tylka v. Gerber Prods. Co., 211 F.3d 445, 448 (7th Cir. 2000). On or before 10/31/2023, the Plaintiff shall file a concise Jurisdictional Memorandum setting forth his state of domicile. The distinction is nuanced, but jurisdiction must be confirmed. Failure to file on time may result in dismissal of the case without prejudice. (2.) On review of the status report filed by Defendant Nationstar, R. 22, discovery is paused until a decision is issued on the motion to dismiss, R. 19. (3.) The tracking status hearing of 10/20/2023 is reset to 11/10/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 22 STATUS Report by Nationstar Mortgage LLC (Simpson, Katie) |
| Filing 21 MINUTE entry before the Honorable Edmond E. Chang: (1.) On Defendant Nationstar's motion #19 to dismiss, the Plaintiff's response is due on 10/30/2023. The defense reply, if any, is due on 11/13/2023. (2.) The Court previously set a deadline of 09/08/2023 for the Plaintiff to explain how service of summons process via certified mail was proper on Defendant Deutsche Bank, R. 13, R. 18. No position statement was filed, so the Court deems service to be inoperative. The deadline to serve summons was set for 09/29/2023, see R. 13. No return of service has been filed. Defendant Deutsche Bank is dismissed without prejudice from the case. The Plaintiff may move to vacate the dismissal if he promptly effectuates service. (3.) The remaining parties shall file a joint initial status report, R. 5-1, by 10/13/2023 (or shall file separate reports if a joint one is impractical). The tracking status hearing of 10/13/2023 is reset to 10/20/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 20 MEMORANDUM by Deutsche Bank Trust Company, Nationstar Mortgage LLC in support of Motion to Dismiss for Failure to State a Claim #19 (Simpson, Katie) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Deutsche Bank Trust Company, Nationstar Mortgage LLC (Simpson, Katie) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Defendant Nationstar's extension motion to respond to the complaint #16 is granted to 09/30/2023. The Court notes that this appears to render unnecessary one part of the Plaintiff's upcoming Position Statement, see R. 13. But the Position Statement still must address the propriety of service of process on Deutsche Bank, and remains due on 09/08/2023 (if the Plaintiff is going to argue that certified mail is sufficient). Emailed notice (mw, ) |
| Filing 17 NOTICE of Motion by Katie Nicole Simpson for presentment of motion for extension of time to file answer #16 before Honorable Edmond E. Chang on 9/7/2023 at 08:30 AM. (Simpson, Katie) |
| Filing 16 MOTION by Defendant Nationstar Mortgage LLC for extension of time to file answer regarding complaint #1 (Simpson, Katie) |
| Filing 15 Corporate Disclosure Statement by Nationstar Mortgage LLC (Simpson, Katie) |
| Filing 14 ATTORNEY Appearance for Defendant Nationstar Mortgage LLC by Katie Nicole Simpson (Simpson, Katie) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff filing say that he filed Defendants NationStar and Deutsche Bank by certified mail, R. 10, 11. But certified mail is generally not an authorized way to serve summons in a federal case. See Federal Rule of Civil Procedure 4(h). The Court encourages the Plaintiff to read Civil Rule 4(h), and also to make an appointment with the Pro Se Help Desk. Information is at https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ==. Although the deadline to serve summons expired on 08/13/2023, the Court on its own extends it to 09/29/2023. The Plaintiff may file a Position Statement explaining that certified mail is sufficient by 09/08/2023 (the Statement should also include not just the legal basis but also specifics on where the mail was sent), but in the meantime must make additional efforts to serve process. The tracking status hearing of 08/25/2023 is reset to 10/13/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (cn). |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: The tracking status hearing of 08/18/2023 is reset to 08/25/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 11 NOTICE of Filing - Status by Derric Price. (jj, ) |
| Filing 10 NOTICE of Filing - Status by Derric Price. (jj, ) |
| Filing 9 PRO SE Appearance by Plaintiff Derric Price. (jj, ) |
| ALIAS Summons Issued as to Defendant Deutsche Bank Trust Company. (daj, ) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff did not file the initial status report that was due on 06/29/2023. See R. #5 . The Civil Rule 4(m) deadline to serve summons expires on 08/13/2023. The tracking status hearing of 07/07/2023 is reset to 08/18/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff must file a status report and proof of service on 08/14/2023. If service has not been accomplished, then the case will be dismissed without prejudice. Mailed notice. (kp, ) |
| Filing 7 MAIL RETURNED, for document #5 sent to Derric Price returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (exr, ) |
| Filing 6 MAIL RETURNED, for document #5 sent to Derric Price returned as undeliverable, return to sender. No new contact information received; however the document will be mailed a second time. (jj, ) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 07/07/2023 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 06/29/2023. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Mailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| 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. (exr, ) |
| Filing 4 SUMMONS Issued as to Defendants Deutsche Bank Trust Company, Nationstar Mortgage LLC (exr, ) |
| Filing 3 CIVIL Cover Sheet (exr, ) |
| Filing 1 COMPLAINT filed by Derric Price; Jury Demand (Exhibits) (exr, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (exr, ) |
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