X-Caliber Funding LLC v. El Paso HCC, LLC et al
| X-CALIBER FUNDING LLC, as servicer for XCAL 2019-IL-1 MORTGAGE TRUST and X-Caliber Funding LLC |
| EL PASO HCC, LLC, FLANAGAN HCC, LLC, KEWANEE AL, LLC, KNOXVILLE AL, LLC, LEGACY ESTATES AL, LLC, MARIGOLD HCC LLC, MONMOUTH AL LLC, POLO LLC, EL PASO HCO, LLC, FLANAGAN HCO, LLC, CYE KEWANEE HCO, LLC, CYE KNOXVILLE HCO, LLC, LEGACY HCO, LLC, MARIGOLD HCO, LLC, CYE MONMOUTH HCO LLC, POLO HCO, LLC, Marigold HCC, LLC, Monmouth AL, LLC and CYE Monmouth HCO, LLC |
| Michael F. Flanagan |
| 3:2024cv50034 |
| January 23, 2024 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Mortgage Foreclosure |
| None |
Docket Report
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| Filing 31 TRANSCRIPT OF PROCEEDINGS held on 2/23/2024 before the Honorable Iain D. Johnston. Court Reporter Contact Information: Heather Perkins-Reiva, heather_perkins-reiva@ilnd.uscourts.gov, (779)772-8309. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/10/2024. Redacted Transcript Deadline set for 4/22/2024. Release of Transcript Restriction set for 6/18/2024. (Perkins-Reiva, Heather) |
| Filing 30 TRANSCRIPT OF PROCEEDINGS held on 2/12/2024 before the Honorable Iain D. Johnston. Court Reporter Contact Information: Heather Perkins-Reiva, heather_perkins-reiva@ilnd.uscourts.gov, (779)772-8309. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/10/2024. Redacted Transcript Deadline set for 4/22/2024. Release of Transcript Restriction set for 6/18/2024. (Perkins-Reiva, Heather) |
| Filing 29 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CYE Kewanee HCO, LLC, CYE Knoxville HCO, LLC, CYE Monmouth HCO, LLC, El Paso HCC, LLC, El Paso HCO, LLC, Flanagan HCC, LLC, Flanagan HCO, LLC, Kewanee AL, LLC, Knoxville AL, LLC, Legacy Estates AL, LLC, Legacy HCO, LLC, Marigold HCC, LLC, Marigold HCO, LLC, Monmouth AL, LLC, Polo HCO, LLC, Polo LLC (Amended) (Ahmad, Scott) |
| Filing 28 MINUTE entry before the Honorable Iain D. Johnston: The defendants have filed Fed. R. Civ. P. 7.1(a)(2) disclosure purporting to identify their state(s) of citizenship, but for the members of the defendant LLCs that are corporations, the defendants have identified only that the state of incorporation for each is Illinois, without also identifying the principal place of business for each. The defendants shall file a revised Rule 7.1(a)(2) disclosure by 2/29/2024. (yxp, ) |
| Filing 27 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CYE Kewanee HCO, LLC, CYE Knoxville HCO, LLC, CYE Monmouth HCO, LLC, El Paso HCC, LLC, El Paso HCO, LLC, Flanagan HCC, LLC, Flanagan HCO, LLC, Kewanee AL, LLC, Knoxville AL, LLC, Legacy Estates AL, LLC, Legacy HCO, LLC, Marigold HCC, LLC, Marigold HCO, LLC, Monmouth AL, LLC, Polo HCO, LLC, Polo LLC (Ahmad, Scott) |
| Filing 26 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 2/23/2024. The defendants shall file a Disclosure under Fed. R. Civ. P. 7.1(a)(2) by 2/29/2024. The receiver shall file a status report by 3/29/2024. The next hearing will be set at a later date. (yxp, ) |
| Filing 25 Notice of Mailing by Michael F. Flanagan (Mulherin, Haley) |
| Filing 24 MINUTE entry before the Honorable Iain D. Johnston: The telephonic status hearing set for 2/23/2024 is moved to 1:30 PM on that date. Counsel will receive an email prior to the start of the telephonic hearing with instructions to join the call. The call-in number is 888-557-8511 and the access code is 2660444. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. (yxp, ) |
| Filing 23 WAIVER OF SERVICE returned executed by X-Caliber Funding LLC. CYE Kewanee HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; CYE Knoxville HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; CYE Monmouth HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; El Paso HCC, LLC waiver sent on 2/9/2024, answer due 4/9/2024; El Paso HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Flanagan HCC, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Flanagan HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Kewanee AL, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Knoxville AL, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Legacy Estates AL, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Legacy HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Marigold HCC, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Marigold HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Monmouth AL, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Polo HCO, LLC waiver sent on 2/9/2024, answer due 4/9/2024; Polo LLC waiver sent on 2/9/2024, answer due 4/9/2024. (Tinkham, Paige) |
| Filing 22 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 2/12/2024 and continued to a telephonic status hearing set for 2/23/2024 at 10:30 AM. Counsel will receive an email prior to the start of the telephonic hearing with instructions to join the call. The call-in number is 888-557-8511 and the access code is 2660444. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. (yxp, ) |
| SUMMONS Issued as to Defendants CYE Kewanee HCO, LLC, CYE Knoxville HCO, LLC, CYE Monmouth HCO, LLC, El Paso HCC, LLC, El Paso HCO, LLC, Flanagan HCC, LLC, Flanagan HCO, LLC, Kewanee AL, LLC, Knoxville AL, LLC, Legacy Estates AL, LLC, Legacy HCO, LLC, Marigold HCC, LLC, Marigold HCO, LLC, Monmouth AL, LLC, Polo HCO, LLC, Polo LLC (pg, ) |
| Filing 21 Western Division ADR Notification (jp, ) |
| Filing 20 ATTORNEY Appearance for Defendants CYE Kewanee HCO, LLC, CYE Knoxville HCO, LLC, CYE Monmouth HCO, LLC, El Paso HCC, LLC, El Paso HCO, LLC, Flanagan HCC, LLC, Flanagan HCO, LLC, Kewanee AL, LLC, Knoxville AL, LLC, Legacy Estates AL, LLC, Legacy HCO, LLC, Marigold HCC, LLC, Marigold HCO, LLC, Monmouth AL, LLC, Polo HCO, LLC, Polo LLC by Scott M Ahmad (Ahmad, Scott) |
| Filing 19 Receiver's Notice of Inventory by Michael F. Flanagan (Mulherin, Haley) |
| Filing 18 ATTORNEY Appearance for Illinois Department of Public Health by John Patrick Reding, Jr (Reding, John) |
| Filing 17 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 2/2/2024 and continued to a telephonic status hearing set for 2/12/2024 at 9:30 AM. Counsel will receive an email prior to the start of the telephonic hearing with instructions to join the call. The call-in number is 888-557-8511 and the access code is 2660444. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Defense counsel is directed to file an attorney appearance on the docket. (yxp, ) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by X-Caliber Funding LLC // Plaintiff's Supplemental Corporate Disclosure Statement (Tinkham, Paige) |
| Filing 15 MINUTE entry before the Honorable Iain D. Johnston: On 1/25/2024 the Court directed each side to file the disclosure required by Fed. R. Civ. P. 7.1(a)(2), which requires parties in diversity cases to disclose their state(s) of citizenship. DKt. 7. The plaintiff's Rule 7.1(a)(2) statement drills down to its individual owners, but then identifies their state(s) of citizenship as being "the United States." Dkt. 14. Although it also discloses that the individual owners are "residents of New York," residence and citizenship are not synonymous. See Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). By 2/2/2024 the plaintiff shall file a supplemental Rule 7.1(a)(2) disclosure identifying the state(s) of citizenship of each individual owner. (yxp, ) |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by X-Caliber Funding LLC // Plaintiff's Corporate Disclosure Statement (Tinkham, Paige) |
| Filing 13 TRANSCRIPT OF PROCEEDINGS held on 1/25/2024 before the Honorable Iain D. Johnston. Order Number: 47872. Court Reporter Contact Information: Heather Perkins-Reiva, heather_perkins-reiva@ilnd.uscourts.gov, (779)772-8309. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/19/2024. Redacted Transcript Deadline set for 2/29/2024. Release of Transcript Restriction set for 4/29/2024. (Perkins-Reiva, Heather) |
| Filing 12 DECLARATION of Receiver (Attachments: #1 Notice of Filing)(Mulherin, Haley) |
| Filing 11 ATTORNEY Appearance for Receiver Michael F. Flanagan by Haley Jean Mulherin (Mulherin, Haley) |
| Filing 10 ATTORNEY Appearance for Receiver Michael F. Flanagan by Jason Robert Sleezer (Sleezer, Jason) |
| Filing 9 ATTORNEY Appearance for Receiver Michael F. Flanagan by Eugene Stuart Kraus (Kraus, Eugene) |
Filing 8
ORDER Appointing Receiver Signed by the Honorable Iain D. Johnston on 1/25/2024:(yxp, )
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| Filing 7 MINUTE entry before the Honorable Iain D. Johnston: Motion hearing held on 1/25/2024. Plaintiff's motion to appoint receiver #5 is granted for the reasons stated on the record. Order on the motion shall issue separately. Telephonic status hearing set for 2/2/2024 at 9:30 AM. Counsel will receive an email prior to the start of the telephonic hearing with instructions to join the call. The call-in number is 888-557-8511 and the access code is 2660444. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. By 2/1/2024 each side shall file a Rule 7.1(a)(2) disclosure specifying the citizenship of each party, including drilling down to the owners of the LLCs. In many instances the allegations of the complaint don't address citizenship at all (i.e. PHC, Inc.), address only the state of incorporation but not the principal place of business (i.e. Peterson Health Systems, Inc.) or allege only residence (i.e. Mark Peterson), and citizenship and residence are not synonymous, see Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). (yxp, ) |
| Filing 6 MINUTE entry before the Honorable Iain D. Johnston: An in-person hearing on the motion to appoint receiver #5 is set for 1/25/2024 at 1:30 PM. Plaintiff's counsel must provide notice to the defendants informing them of this hearing. (yxp, ) |
| SUMMONS Issued as to Defendants CYE Kewanee HCO, LLC, CYE Knoxville HCO, LLC, CYE Monmouth HCO, LLC, El Paso HCC, LLC, El Paso HCO, LLC, Flanagan HCC, LLC, Flanagan HCO, LLC, Kewanee AL, LLC, Knoxville AL, LLC, Legacy Estates AL, LLC, Legacy HCO, LLC, Marigold HCC, LLC, Marigold HCO, LLC, Monmouth AL, LLC, Polo HCO, LLC, Polo LLC. (jp, ) |
| Filing 5 MOTION by Plaintiff X-CALIBER FUNDING LLC, as servicer for XCAL 2019-IL-1 MORTGAGE TRUST to appoint receiver // Plaintiff's Emergency Motion for Appointment of Receiver Presented before District Judge (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tinkham, Paige) |
| Filing 4 ATTORNEY Appearance for Plaintiff X-CALIBER FUNDING LLC, as servicer for XCAL 2019-IL-1 MORTGAGE TRUST by Kenneth J. Ottaviano (Ottaviano, Kenneth) |
| Filing 3 ATTORNEY Appearance for Plaintiff X-CALIBER FUNDING LLC, as servicer for XCAL 2019-IL-1 MORTGAGE TRUST by Paige B Tinkham (Tinkham, Paige) |
| Filing 2 CIVIL Cover Sheet (Tinkham, Paige) |
| Filing 1 COMPLAINT // Verified Complaint filed by X-CALIBER FUNDING LLC, as servicer for XCAL 2019-IL-1 MORTGAGE TRUST; Filing fee $ 405, receipt number AILNDC-21557476. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Tinkham, Paige) |
| 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. (pg, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment.. (pg, ) |
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