PNC Bank v. Foules
| PNC Bank |
| Latrice Foules |
| 1:2023cv14714 |
| October 10, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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| REMAND with certified copy of order dated 11/9/2023 and letter to Circuit Court of Cook County via email. (jh, ) |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: On 10/13/2023, the Court entered a Minute Entry identifying several deficiencies with Defendant's notice of removal, most importantly, a failure to list the basis for the Court's subject matter jurisdiction over the case #6 . The Court directed Defendant, by 10/27/2023 to file a memorandum explaining the basis of the Court's subject matter jurisdiction and why the case should not be dismissed and remanded back to state court for lack of jurisdiction. Id. The Court also directed Defendant, by 10/27/2023 to file all documents served upon her in state court on this Court's docket, as well as a certificate of service showing that she sent the notice of removal to Plaintiff. Additionally, the Court directed Defendant to file a signed in forma pauperis application on the docket. To date, Defendant has filed nothing on the docket in response. Therefore, this case is dismissed without prejudice and remanded to the Circuit Court of Cook County for failure to comply with Court orders and for want of prosecution. Fed. R. Civ. P. 41(b); see Lankowsky v. City of Chicago, 2015 WL 4868619, at *2 (N.D. Ill. Aug. 13, 2015) (citing Easley v. Kirmsee, 382 F.3d 693, 698 (7th Cir. 2004)); Jackson v. City of Chicago, 2004 WL 2958771, *4 (Nov. 19, 2004). The Clerk is directed to remand this case forthwith to the Circuit Court of Cook County. Mailed notice (mjc, ) |
| Filing 6 MINUTE entry before the Honorable Franklin U. Valderrama: Defendant Latrice Foules (Foules) appears to be trying to remove a mortgage foreclosure case from state court. The initiating case document is listed on the docket as a notice of removal, but is included on a "complaint" form, to which Foules attaches an answer to complaint to foreclosure mortgage (which appears to have been written on the Northern District of Illinois' form), but no other documents #1 . The civil cover sheet indicates that this action is an action removed from state court and under "cause of action" states, "have state case transferred to fed" #2 . So, the Court treats this case as a case removed from state court. If that is incorrect, Foules should file an amended complaint and an updated civil cover sheet indicating that this is an original proceeding. As it stands, the Court has identified several deficiencies with the notice of removal: (1) Foules has not attached a copy of all process, pleadings (including the Complaint), and orders served upon defendant as required under 28 USC 1446(a). (2) The Notice of Removal also does not state whether the other Defendants listed on the docket of the state court case, 2023CH03556, have been served and, if so, whether they all consent to removal, as required by 28 U.S.C. 1446(b)(2)(A). (3) A removing defendant must give written notice of the removal to all adverse parties and file a copy of the notice with the clerk of the state court, under 28 U.S.C. 1446(d). The documents before the Court do not indicate whether Foules has given written notice of the removal to PNC Bank. (4) Most importantly, cases may only be removed from state court to federal court if they are cases over which the district court has original jurisdiction or there is diversity of citizenship. 28 USC 1441(a)-(b). The notice of removal does not list the basis of this Court's subject matter jurisdiction. The civil cover sheet checks the box for "federal question" jurisdiction, next to which Foules wrote "Bank PNC." #2 Simply because a bank is a party does not confer jurisdiction on this Court. By 10/27/2023, Foules shall file a memorandum explaining why this case should not be dismissed and remanded back to state court for lack of subject matter jurisdiction. If Foules believes that there is diversity jurisdiction, then she must allege the citizenship of every party named in the state court case. However, the Court notes that there is a likely issue with relying on diversity jurisdiction, as the "forum-defendant rule" prohibits a properly served Illinois defendant from removing an Illinois state-court case to federal court. This filing must also state whether the other Defendants have been served and if so, if they consent to removal. Also by 10/27/2023, Foules must file all process, pleadings, and orders served upon her on this docket, as well as a certificate of service on the docket showing that she has sent via U.S. Mail or email the notice of removal to PNC Bank. Finally, as to Foules' in forma pauperis application #5 , the Court notes that Foules has not signed the application. Also by 10/27/2023, Foules must file a signed in forma pauperis application on the docket. The Court enters and continues Foules' motion for attorney representation #4 until the above-identified threshold issues are addressed. Failure to comply with this Court's order may result in remand of the case to the Circuit Court of Cook County. The Court directs Foules' attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or by calling 312-435-5691. Emailed notice (axc). |
| 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. (jh, ) |
| Filing 5 APPLICATION by Defendant Latrice Foules for leave to proceed in forma pauperis. (jh, ) |
| Filing 4 MOTION by Defendant Latrice Foules for attorney representation. (jh, ) |
| Filing 3 PRO SE Appearance by Defendant Latrice Foules. (jh, ) |
| Filing 2 CIVIL Cover Sheet. (jh, ) |
| Filing 1 RECEIVED NOTICE of Removal from Cook County, Illinois, case number (2023CH03556) filed by Latrice Foules. (Exhibits) (jh, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 4). (jh, ) |
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| Plaintiff: PNC Bank | |
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| Defendant: Latrice Foules | |
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