Condos on the Boulevard v. Burley
| Condos on the Boulevard |
| Anthony Burley and Burtley |
| 1:2023cv14239 |
| September 28, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Real Property: Other |
| None |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 NOTICE of Correction regarding #14 . (daj, ) |
| Filing 18 MINUTE entry before the Honorable Joan B. Gottschall: In its motion #13 to clarify, plaintiff represents that it has now filed all documents required for the court to rule on the pending motion #6 to remand and requests that the court proceed to rule. Plaintiff has also refiled its motion #17 to remand this case to state court and for attorney's fees. Compare doc. no. #17 with doc. no. #6 . Finally, plaintiff has filed a notice #15 and a purported copy of the live amended state court complaint. Plaintiff's motion #13 to clarify is granted insofar as plaintiff requests a ruling on the pending motion to remand once defendant receives an opportunity to be heard on the amended complaint plaintiff has submitted. If defendant disputes that exhibit A to plaintiff's notice #15 filed 11/13/2023 is in fact the live amended complaint, he may file a response to plaintiff's motion to remand on or before 12/1/2023. If plaintiff does not file a response by the deadline of 12/1/2023, the court will take the pending motions to remand under advisement and rule on the papers on file. Mailed notice (mjc, ) |
| Filing 17 MOTION to dismiss, for remand, for Attorney's fees and for other relief by Plaintiff Condos on the Boulevard. (daj, ) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Condos on the Boulevard. (daj, ) |
| Filing 14 Entered in Error. (daj, ) Modified on 11/30/2023 (daj, ). |
| Filing 15 NOTICE of filing with Exhibits by Condos on the Boulevard. (daj, ) |
| Filing 13 MOTION for clarification by Plaintiff Condos on the Boulevard. (daj, ) |
| Filing 12 MINUTE entry before the Honorable Joan B. Gottschall: As stated in the minute order #7 of 10/11/2023, "When the court has received a legible copy of the Amended Complaint and [Condos on the Boulevard's] Notice of Affiliates, as well as a Certificate of Service showing service of the Motion to Remand on defendant, the court will take appropriate action." This court subsequently gave #11 Condos on the Boulevard ("Condos") until 10/31/2023 to file its notification of affiliates. The 10/31/2023 deadline has come and gone, and Condos has filed nothing. A notification of affiliates is required to screen this case for potential conflicts. The court cannot take action unless and until Condos files its notification of affiliates and complies fully with the minute order #7 of 10/11/2023. Mailed notice (mjc, ) |
| Filing 11 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's Local Rule 3.2 notification of affiliates is due on or before 10/31/2023. Mailed notice (mjc, ) |
| Filing 10 RESPONSE by Defendant Anthony Burley; Notice of FIling. (kl, ) |
| Filing 9 EXHIBIT by Defendant Anthony Burley Circuit Court of Cook County, 2022 M1 -707414 case record, regarding notice of removal #1 (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). (rc, ) |
| Filing 8 PRO SE Appearance by Defendant Anthony Burley. (rc, ) |
| Filing 7 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff, Condos on the Boulevard ("Condos"), filed a Motion #6 to Remand docketed on this date, October 11, 2023. Plaintiff maintains that there is no basis for federal jurisdiction in this case, and that defendant's removal is simply an attempt to delay a hearing set for this date in the Circuit Court of Cook County. 28 U.S.C. 1446(a)(2) requires that the removing party file a copy of all process, pleadings, and orders served upon him before removal. Defendant filed a partial copy of the Complaint, dated May 2022, and was ordered to file a complete copy by October 13, 2023. Meanwhile, Condos's Motion to Remand states that there was an Amended Complaint filed August 29, 2022, which no party has provided to the court. With no party having provided the court with the Amended Complaint and plaintiff not having filed the Notice of Affiliates which the local rules require before this court can take any action, the court is unable to do anything. In addition, defendant is not an e-filer, and there is no Certificate of Service indicating that Condos has served him pursuant to Fed. R. Civ. P. 5 with its Motion to Remand; this court thus has no reason to believe that defendant has received the Motion. While the court understands Condos's interest in haste, no party is following the rules governing removals, and there is nothing this court can adjudicate at this point. In sum, on October 13, 2023, defendant must file a full, legible copy of the live Complaint, which appears to be the Amended Complaint. Further, by Condos's own description of the state court action, Condos has filed only the original rather than the Amended Complaint (along with two completely illegible attachments) and has not filed its Notice of Affiliates. When the court has received a legible copy of the Amended Complaint and Condos's Notice of Affiliates, as well as a Certificate of Service showing service of the Motion to Remand on defendant, the court will take appropriate action. Mailed notice (mjc, ) |
| Filing 6 MOTION by Plaintiff Condos on the Boulevard to remand, for attorney fees, and for other relief. , (Attachments: #1 Cook County Court Complaint Part 1, #2 Cook County Court Complaint Part 2, #3 Cook County Court Complaint Part 3, #4 Cook County Order 04/27/2022) (rc, ) |
| Filing 5 MINUTE entry before the Honorable Joan B. Gottschall: Removing defendant's application #4 to proceed without prepaying the filing fee is granted. Removing defendant attached to his notice of removal an incomplete copy of the complaint filed in state court. As required by 28 U.S.C. 1446(a), removing defendant is instructed to file "a copy of all process, pleadings, and orders served upon" him before removal, including a complete copy of the state court complaint, on or before 10/13/2023. Mailed notice (mjc, ) |
| Filing 4 APPLICATION by Plaintiff Condos on the Boulevard for leave to proceed in forma pauperis. (rc, ) |
| Filing 3 MAILED Notice of Removal letter to Plaintiff's counsel. (rc, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Defendant Anthony Burley. (rc, ) |
| 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 2 CIVIL Cover Sheet. (rc, ) |
| Filing 1 RECEIVED NOTICE of Removal from Circuit Court of Cook County, case number (2022 M1 -707414) filed by Anthony Burley. (Exhibits) (rc, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (rc, ) |
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