The Bank of New York Mellon Trust Company, National Association v. Pollock et al
| Martello Pollock and Jomita Pollock |
| The Bank of New York Mellon Trust Company, National Association |
| 1:2023cv04812 |
| July 25, 2023 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Filing 17 CIRCUIT Rule 3(b) Notice. (gcy, ) |
| Filing 16 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #13 ; USCA Case No. 23-2730 (gcy, ) |
| Filing 15 TRANSMITTED to the 7th Circuit the short record on notice of appeal #13 . Notified counsel (daj, ) |
| Filing 14 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #13 . (daj, ) |
| Filing 13 NOTICE of appeal by Jomita Pollock, Martello Pollock regarding order #11 . (daj, ) |
| Filing 12 REMAND with certified copy of Order dated 8/25/23 and letter to Circuit Court of Cook County via email. (gcy, ) |
| Filing 11 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff The Bank of New York Mellon Trust Company's motion to remand (Dckt. No. #10 ) is hereby granted. The case involves a foreclosure action filed in state court in 2015. Defendants Martello Pollock and Jomita Pollock removed the case, based on diversity jurisdiction, without attaching any of the underlying state court material. The removal suffers from many problems. First, a failure to attach the complaint is a failure to comply with the removal statute. Section 1446 expressly requires a party to file "a copy of all process, pleadings, and orders served upon such defendant" in state court. See 28 U.S.C. 1446(a). Defendants argue that they were never served, but the state court ruled otherwise. (Dckt. No. #10 -4) Second, not all defendants in the state court action consented to removal. For example, the state court complaint reveals that Midland Fundign LLC and Illinois Housing Development Authority are defendants, but they did not join the removal. Third, the removal is far too late. The statute allows removal "within 30 days" after service of process. See 28 U.S.C. 1446(b). Here, defendants removed the case years after receiving service through publication. Fourth, defendants are citizens of Illinois, so they cannot remove the case. See 28 U.S.C. 1441(b)(2). The case does not belong in federal court. This case is remanded to the Circuit Court of Cook County forthwith. Civil case terminated. Mailed notice. (jjr, ) |
| Filing 10 MOTION by Plaintiff The Bank of New York Mellon Trust Company, National Association to remand (Attachments: #1 Exhibit 1 - Foreclosure Complaint, #2 Exhibit 2 - Certificate of Publication, #3 Exhibit 3 - Certificate of Mailing, #4 Exhibit 4 - Order Denying Motion to Quash, #5 Exhibit 5 - M. Pollock Appearance and Answer, #6 Exhibit 6 - J. Pollock Appearance and Answer)(Fleischmann, Simon) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Bank of New York Mellon Trust Company, National Association (Fleischmann, Simon) |
| Filing 8 ATTORNEY Appearance for Plaintiff The Bank of New York Mellon Trust Company, National Association by Isabella Seeberg (Seeberg, Isabella) |
| Filing 7 ATTORNEY Appearance for Plaintiff The Bank of New York Mellon Trust Company, National Association by Simon A. Fleischmann (Fleischmann, Simon) |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (jn, ) |
| Filing 5 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by October 10, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 4 APPLICATION by Plaintiff Martello Pollock for leave to proceed in forma pauperis. (lw, ) |
| Filing 3 PRO SE Appearance by Plaintiff Martello Pollock. (lw, ) |
| Filing 2 CIVIL Cover Sheet. (lw, ) |
| Filing 1 NOTICE of Removal from Cook County Circuit Court Chancery Division, case number (15CH02659) filed by Jomita Pollock, Martello Pollock Filing fee $ 402. (lw, ) |
| 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. (lw, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (lw, ) |
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