Deutsche Bank National Trust Company v. Boyd et al
| Deutsche Bank National Trust Company |
| Gary Boyd, Jacqueline J Boyd, Current Spouse or Civil Union partner, if any, of Gary Boyd, Current Spouse or Civil Union partner,if any, of Jacqueline J Boyd, USA and Unknown Owners and Non-Record Claimants |
| 3:2012cv00714 |
| June 15, 2012 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Madison |
| Philip M. Frazier |
| J. Phil Gilbert |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure |
| None |
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The following documents for this case are available for you to view or download:
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Filing
41
MEMORANDUM AND ORDER, the Court finds that the claim involving the United States is action is DISMISSED with prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. the Court GRANTS Deutsche Banks motion to remand this case to state c ourt (Doc. 40 ). The Court further: FINDS pursuant to Federal Rule of Civil Procedure 54(b) that there is no just reason for delay in entry of judgment on the claim involving the United States;the Court DIRECTS the Clerk of Court to enter a Rule 54( b) judgment dismissing the claims involving the United States and the Unknown Owners and Non-Record Claimants; and REMANDS the remainder of this case to the Circuit Court of the Third Judicial Circuit, Madison County, Illinois. Signed by Judge J. Phil Gilbert on 8/30/2013. (jdh)
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Filing
36
MEMORANDUM AND ORDER The Court DISCHARGES the order to show cause as it relates to defendants Gary Boyd and Jacqueline J. Boyd, DISMISSES the claims as to the Unknown Owners and Non-Record Claimants without prejudice pursuant to Rule 4(m), and DIRECT S the Clerk of Court to enter judgment accordingly at the close of the case. The Court DIRECTS the Clerk of Court to VACATE docket entry 26 and to docket the proper June 6, 2013, Memorandum and Order using the original signature date. The Court RESERVES RULING on the request to reconsider the denial of Deutsche Banks summary judgment motion Signed by Judge J. Phil Gilbert on 8/20/2013. (jdh)
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Filing
34
MEMORANDUM AND ORDER, GRANTING motion to vacate the judgment in this case (Doc. 31 ); VACATES the judgment (Doc. 29 ) and REINSTATES this case;ORDERS Deutsche Bank to SHOW CAUSE, why its claims as to the unserved defendants should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for failure to serve process in a timely manner; and ORDERS that a Final Pretrial Conference is set for September 13, 2013, at 9:30 a.m. and a Bench Trial is set for September 23, 2013, at 9:00 a.m. Signed by Judge J. Phil Gilbert on 7/31/2013. (jdh)
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Filing
29
CLERK'S JUDGMENT (NJR/jdh) IT IS HEREBY ORDERED AND ADJUDGED that the claims of the plaintiff Deutsche Bank National Trust Company, as Trustee of Argent Securities, Inc., Asset Backed Pass Through Certificates, Series 2003-W5, Under the Pooling and Servicing Agreement Dated as of October 1, 2003, against the defendant United States of America are dismissed with prejudice; andIT IS FURTHER ORDERED AND ADJUDGED that the claims of the plaintiff DeutscheBank National Trust Company, as Trustee o f Argent Securities, Inc., Asset Backed Pass Through Certificates, Series 2003-W5, Under the Pooling and Servicing Agreement Dated as of October 1, 2003, against the defendants Gary Boyd, Jacqueline J. Boyd, Current Spouse or Civil Union Partner, if any, of Gary Boyd, Current Spouse or Civil Union Partner, if any, of Jacqueline J.Boyd, and Unknown Owners and Non-Record Claimants are dismissed without prejudice.Approved by Judge J. Phil Gilbert on 6/6/2013. (jdh)
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