Springview Property Management, LLC v. Jackson et al
| Springview Property Management, LLC |
| Aiyah Jackson and Chris Jackson |
| 1:2023cv14689 |
| October 10, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Prisoner: Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 REMAND with certified copy of order #9 dated 11/16/2023 and letter to Circuit Court of Cook County via email. (ph, ) |
| Filing 9 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Defendants' notice of removal 1 and Defendants' motion to vacate all trial court orders 5. Although Plaintiff has yet to appear in this case, the Court sua sponte remands Defendants' case back to state court for lack of subject matter jurisdiction. See Martinez v. Ralph Lauren Corp., Inc., No. 1:21-CV-01181, 2022 WL 900019, at *4 (N.D. Ill. Mar. 27, 2022) ("[T]his Court must raise subject-matter-jurisdiction issues sua sponte and must do so here based on its independent obligation to establish jurisdiction."). A court has federal question jurisdiction over a case removed to federal court "only when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Loc. Union No. 9, Int'l Bhd. of Elec. Workers v. Adesta, LLC, 587 F. Supp. 3d 704 (N.D. Ill. 2022) (describing the well-pleaded complaint rule). This case, however, is an eviction action and therefore there is no federal question. See Kubiak v. Meltzer, No. 12 C 6849, 2013 WL 1114203, at *1 (N.D. Ill. Mar. 15, 2013) ("An eviction does not arise under the Constitution, law, or treaties of the United States; thus, there is no federal jurisdiction over a state law eviction matter.") The Court also points out that the notice of removal was not timely. 28 U.S.C. Section 1446 states that a notice of removal "shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading." The exhibit attached to Defendants' notice of removal demonstrates that Defendants were served on July 25, 2023 with Plaintiff's Eviction Summons and Complaint. Defendants' notice of removal, however, was filed on October 10, 2023, which is more than 30 days after service. The Court also denies Defendants' motion to vacate all trial court orders for lack of subject matter jurisdiction as vacating a state trial court's order would amount to a review of the state court judgment. See Long v. Shorebank Dev. Corp., 182 F.3d 548, 554 (7th Cir. 1999) ("Under the Rooker-Feldman doctrine, lower federal courts do not have subject matter jurisdiction over claims seeking review of state court judgments."); see also Satterfield v. HSBC Bank USA, N.A., No. 22 C 2331, 2022 WL 2257083, at &*1 (N.D. Ill. June 23, 2022) (holding that Rooker-Feldman barred federal review of Plaintiff's complaint because Plaintiff's alleged injuries arose from a state court eviction order). Because the Court lacks subject matter jurisdiction to both hear this eviction case and vacate trial court orders, this case is remanded forthwith to the Circuit Court of Cook County. Civil case terminated. (ca, ) |
| Filing 8 ENTERED IN ERROR. ca |
| Filing 7 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Defendant's motion to vacate all trial court orders, judgments and proceedings #5 and his notice of motion for the presentment of his motion to vacate trial court orders #6 . The Court has taken Defendant's motion to vacate trial court orders, judgments, and proceedings under advisement. Defendant's notice of motion for the presentment of his motion to vacate is stricken as the Court did not set a hearing for this motion. (ca, ) |
| Filing 6 NOTICE of Motion by Chris Jackson for presentment of motion to vacate #5 before Honorable Nancy L. Maldonado on 11/22/2023 at 11:30 AM. (jg, ) |
| Filing 5 MOTION by Defendant Chris Jackson to vacate all trial court orders, judgments and proceedings after a notice of removal was filed void (jg, ) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (rc, ) |
| Filing 3 APPLICATION by Defendant Chris Jackson for leave to proceed in forma pauperis. (rc, ) |
| Filing 2 CIVIL Cover Sheet. (rc, ) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, with copy of complaint, civil cover sheet, affidavit of service, orders, summons,and docket sheet case number (2023M6-004831) filed by Aiyah Jackson, Chris Jackson. (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, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Defendants Aiyah Jackson, and Chris Jackson. (rc, ) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (rc, ) |
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