Sellars v. EXP Realty LLC et al
| Antoinette C Sellars |
| EXP Realty LLC, Summit Funding, Prestige Partners Realty, Dennis Brown, Tousinni and Yarbrough |
| 1:2023cv04389 |
| July 7, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Real Property: Other |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to appeal in forma pauperis #21 is denied without prejudice to refiling. Plaintiff has been given until September 15, 2023 to amend her complaint, but if instead she elects to appeal the Court's August 4, 2023, order dismissing the complaint without prejudice, then she must file a notice of appeal in this Court. Fed. R. App. P. 4(a)(1)(A). Mailed notice (cn). |
| Filing 20 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for extension of time to file an amended complaint #16 is granted. An amended complaint is to be filed by or before September 15, 2023. Plaintiff's motion to proceed in forma pauperis #17 is granted, as her submissions establishes that she is unable to pay the filing fee. Plaintiff's motion for attorney representation #18 is denied without prejudice. The application states that no attorney would take the case, but Plaintiff does not identify the attorneys or organizations that she contacted. In any event, at this early stage, it appears that Plaintiff can submit preliminary filings on her own without the assistance of counsel. Mailed notice. (jlj, ) |
| Filing 21 MOTION by Plaintiff Antoinette C Sellars to proceed on appeal in forma pauperis with the court of appeal. (rc, ) |
| Filing 19 PRO SE Appearance by Plaintiff Antoinette C Sellars. (rc, ) |
| Filing 18 MOTION by Plaintiff Antoinette C Sellars for attorney representation. (rc, ) |
| Filing 17 APPLICATION by Plaintiff Antoinette C Sellars for leave to proceed in forma pauperis. (Exhibits) (rc, ) |
| Filing 16 MOTION by Plaintiff Antoinette C Sellars for extension of time to September 15, 2023 to turn in Amended Complaint. (Exhibits) (rc, ) Modified on 8/16/2023 (rc, ). |
| MAILED an amended complaint form and an application to proceed in forma pauperis (non-prisoner), Order #14 dated 08/04/2023 to Plaintiff Antoinette C Sellars. (rc, ) |
Filing 15
ORDER written by the Honorable Lindsay C. Jenkins on 8/4/2023. Mailed notice. (jlj, )
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| Filing 14 MINUTE entry before the Honorable Lindsay C. Jenkins: Enter order. Plaintiff's complaint is dismissed without prejudice. The Court grants Plaintiff the opportunity to submit an amended complaint curing the deficiencies noted in this order. In addition, Plaintiff has not addressed the filing fee. Plaintiff must also either pay the $402 filing fee or submit a properly completed application to proceed in forma pauperis that includes any sources of income and any debts, including what payments are made on those debts. Failure to submit an amended complaint and either pay the filing fee or submit a properly completed application to proceed in forma pauperis by September 6, 2023, will result in dismissal of this lawsuit. The Court instructs the Clerk to send Plaintiff an amended complaint form and an application to proceed in forma pauperis (non-prisoner). In addition, Plaintiff's Jurisdictional Statement motion #12 is a response to the Court's previous order questioning if jurisdiction is proper; the motion is stricken as moot. Plaintiff's motion to compel #13 is denied without prejudice as no defendant has been served to compel discovery. Mailed notice. (jlj, ) |
| Filing 13 MOTION by Plaintiff Antoinette C Sellars to compel (jg, ) |
| Filing 12 MOTION by Plaintiff Antoinette C Sellars jurisdictional statement (Exhibit) (jg, ) |
| Filing 11 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion that all Court fees be paid by Defendant(s) #10 is denied. The Court cannot shift costs or fees to any Defendant at this very preliminary stage of the case, and indeed, may not be able to do so at all. Plaintiff did not submit a Jurisdictional Statement explaining the basis for federal subject matter jurisdiction by the July 25, 2023 deadline. On its own motion, the Court extends the deadline for Plaintiff to explain the basis for the Court's jurisdiction. If a sufficient explanation is not filed by August 21, 2023, the case will be dismissed without prejudice. Mailed notice. (jlj, ) |
| Filing 10 COMPLAINT/MOTION that all court fees be paid by Defendant(s) by Plaintiff Antoinette C Sellers. (ph, ) |
| Filing 9 MINUTE entry before the Honorable Lindsay C. Jenkins: On review of the complaint, R. 1, the Court issues this subject matter jurisdiction inquiry. The complaint is titled "Mtg Fraud/Personal Injury," and relates to the 2021 sale of a residence located at 7814 South Yates in Chicago. Plaintiff alleges that the property was "sold illegally," and names six Defendants including EXP Realty, LLC, Summit Funding, Prestige Partners Realty, Dennis Brown, Mr. Tousinni and Ms. Yarbrough. The Complaint includes other documents that indicate Ms. Sellers has filed the exact same case in the Circuit Court of Cook County (23L5604) against the same 6 Defendants listed above (and possibly a similar case in Municipal Court). Federal courts are courts of limited jurisdiction. On the Court's review, there is no apparent basis for federal subject matter jurisdiction because no federal law claim is asserted, nor is there any indication that there is diversity among the parties. The Plaintiff must submit a Jurisdictional Statement explaining the basis for federal subject matter jurisdiction by July 25, 2023, or else the case will be dismissed without prejudice. Mailed notice. (jlj, ) |
| Filing 8 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's Motions for leave to proceed in forma pauperis and for attorney representation are denied without prejudice. [Dkt. No. #3 , #4 .] The application fails to identify any sources of income or assets and it lists only "student loan" as a debt with no indication of how much Plaintiff currently owes and how much she pays on those debts on a monthly basis. Her application for attorney representation lists a residence, but Plaintiff has provided no information about her monthly expenses and how she currently satisfies her financial obligations. Accordingly, the Court is unable to determine whether Plaintiff's take-home pay is sufficient to pay for legal counsel. Mailed notice. (jlj, ) |
| 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. (rc, ) |
| Filing 7 PRO SE Appearance by Plaintiff Antoinette C Sellars. (rc, ) |
| Filing 4 MOTION by Plaintiff Antoinette C Sellars for attorney representation. (rc, ) |
| Filing 3 APPLICATION by Plaintiff Antoinette C Sellars for leave to proceed in forma pauperis. (rc, ) |
| Filing 2 CIVIL Cover Sheet. (rc, ) |
| Filing 1 RECEIVED Complaint and by Antoinette C Sellars. (Exhibits) (rc, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (rc, ) |
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