USA v. Bellinger et al
| USA |
| Jonathan M. Bellinger, Rachel Bellinger and Capital One Bank (USA) NA |
| 3:2018cv01705 |
| September 11, 2018 |
| US District Court for the Southern District of Illinois |
| Michael J Reagan |
| Donald G Wilkerson |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 |
| None |
Docket Report
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This docket was last retrieved on October 23, 2018. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE TO COUNSEL: Telephone Scheduling/Discovery Conference set for 11/20/2018 at 3:15 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. (jmp) |
| Filing 13 Summons Issued as to Capital One Bank (USA) NA. Original summons and service packet forwarded to USMS for service. (lmb) |
Filing 12
ORDER: In response to the Court's October 4, 2018 Order, Plaintiff's counsel has helpfully provided contact information for the two pro se Defendants who answered the complaint via a document omitting their current addresses -- Jonathan Bellinger and Rachel Bellinger, a/k/a Rachel Coggin. The Clerk's Office shall update the record/docket sheet in cm/ecf with the addresses furnished in the supplemental memorandum at Doc. 11. Signed by Chief Judge Michael J. Reagan on 10/17/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 SUPPLEMENT by USA. Supplement to #6 Motion for Miscellaneous Relief, #8 Memorandum in Support of Motion . (Hanna, Adam) |
| Filing 10 CJRA TRACK B assigned: Final Pretrial Conference set for 4/3/2020 at 9:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. Bench Trial set for 4/13/2020 at 9:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. (Attachments: #1 Consent to Magistrate Judge)(rah) |
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Filing 9
ORDER: For the reasons set forth in the attached Memorandum and Order, the Court DENIES at this time -- as premature -- the motion for entry of judgment (Doc. #6 ). Signed by Chief Judge Michael J. Reagan on 10/15/2018. (rah)
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| Filing 8 MEMORANDUM in Support re #6 Joint MOTION for Entry of Judgment filed by USA. (Hanna, Adam) |
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Filing 7
ORDER: On September 11, 2018, the United States of America filed suit in this Court seeking to foreclose on a residential mortgage on real property in Richland County, Illinois, with Jonathan Bellinger as mortgagor. The complaint identified Rachel Bellinger a/k/a Rachel Coggin (Jonathan's wife) and Capital One Bank as persons joined as defendants whose interest in the mortgaged real estate is sought to be terminated in this action (Doc. 1, p. 3). On October 1, 2018, two of the three named Defendants -- Jonathan and Rachel Bellinger -- answered, consenting to venue in this Court, waiving service, and admitting the allegations of each paragraph of the complaint (Doc. #5 ). Now before the Court is a motion filed October 3, 2018 jointly by the Bellinger Defendants and Plaintiff USA. The motion asks for a judgment of foreclosure on the mortgage. The Bellinger Defendants consent to the entry of judgment against them, and the USA attests that it is not asking to bar the interests of any unknown owners or non-record claimants. Nor is the USA seeking a personal deficiency judgment from the Bellingers. The motion does not address the status of service upon (or effect of the requested judgment against) Defendant Capital One. As of the date this Order was drafted, no proposed Order had been provided to the undersigned which may have shed light on the USA's intentions as to the interest of Capital One in the property. The Court hereby DIRECTS Plaintiff's counsel -- by October 12, 2018 -- to file a memorandum supporting the motion for entry of judgment which clarifies whether Capital One has been served (obviously, judgment cannot be entered in this case with an unserved defendant in the mix). The answer filed by the Bellingers (on which the USA relies in its motion) indicates that the Bellingers are proceeding pro se herein but does not list their address(es). The Court has no way to send copies of orders or notices to pro se parties who have not provided their address. Because Plaintiff USA clearly has been in contact with the Bellinger Defendants, the Court DIRECTS Plaintiff's counsel to also include the current address for the Bellingers by October 12, 2018 and to furnish a proposed Order in conjunction with the motion at Doc. 6 by the same date. Signed by Chief Judge Michael J. Reagan on 10/4/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Joint MOTION for Entry of Judgment by USA. (Hanna, Adam) |
| Filing 5 ANSWER to #1 Complaint by Jonathan M. Bellinger, Rachel Bellinger.(tkm) |
| Filing 4 Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge Donald G. Wilkerson assigned. All future documents must bear case number 18-CV-1705-MJR-DGW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jsm2) |
| Filing 3 NOTICE of Appearance by Adam E. Hanna on behalf of USA (Hanna, Adam) |
| Filing 2 NOTICE OF FORECLOSURE by USA (Hanna, Adam) |
| Filing 1 COMPLAINT against Jonathan M. Bellinger, Rachel Bellinger, Capital One Bank (USA) NA, filed by USA. (Attachments: #1 Exhibit A through C, #2 Civil Cover Sheet)(Hanna, Adam) |
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