Diggs v. Belleville et al
| Stookey Township, City of Belleville, US Department of Housing and Urban Development and Belleville Police Department |
| Yekita Diggs |
| 3:2024cv01768 |
| July 23, 2024 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| Condemnation |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on November 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 Mail Returned as Undeliverable, docs 2 and 3. Mail sent to Yekita Diggs (kdw) |
| Filing 13 MOTION to Continue by Yekita Diggs. (jdc) |
| Filing 12 MOTION to Dismiss by US Department of Housing and Urban Development. (Hanna, Adam) |
Filing 11
ORDER regarding the City of Belleville and the Belleville Police Department's Motion for Leave to File a Motion to Strike Plaintiff's Motion to Order a Preliminary Injunction Barring Interference and Harassment. (Doc. 10). In support of that Motion, Defendants indicate they first learned that the U.S. Department of Housing and Urban Development ("HUD") removed the case from St. Clair County on August 7, 2024. HUD's Notice of Removal, dated July 23, 2024, contained the wrong address of Defense Counsel. (Docs. 1 & 10). Accordingly, for good cause shown, the Motion is GRANTED. Once the contemplated Motion to Strike is served on Plaintiff, she will have 14 days to respond. See L.R. 7.1(b)(2)(A). Defendants will then have 7 days after service of the response to reply. See L.R. 7.1(b)(2)(B). Signed by Judge David W. Dugan on 8/15/2024. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 MOTION for Leave to File a Motion to Strike Plaintiff's Motion to Order Preliminary Injunction Barring Interference and Harassment by City of Belleville, Belleville Police Department. (Hoerner, Kevin) |
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Filing 9
ORDER regarding Defendant Stookey Township's Motion for Substitution of Counsel and Motion to Strike Plaintiff's Motion for a Preliminary Injunction Barring Interference and Harassment. (Docs. 7 & 8). The former Motion is GRANTED and Mr. Otto J. Faulbaum is TERMINATED from the docket. As to the latter Motion, Plaintiff filed a Motion for a Preliminary Injunction Barring Interference and Harassment against the collective Defendants in the Circuit Court of St. Clair County on June 27, 2024. (Doc. 1-1, pgs. 1-3). Plaintiff alleges Defendants harassed, threatened, trespassed, and interfered with her right to private property. (Doc. 1-1, pgs. 1-3). Plaintiff attempted to serve Defendants with the Motion, which was set for a hearing in the Circuit Court of St. Clair County on August 9, 2024. (Doc. 1-1, pgs. 16-24). That court declined to hear the matter on an ex parte basis. (Doc. 1-1, pgs. 53-54). However, on July 23, 2024, the United States of America, which is a named but unserved party, removed the case to this Court under 28 U.S.C. 1442(a)(1). (Docs. 1, pgs. 1-2). In the Motion to Strike, Defendant Stookey Township argues Plaintiff failed to indicate the allegations that pertain to each Defendant, made misrepresentations about Defendant Stookey Township, and failed to properly commence a civil action by filing a complaint under Federal Rule of Civil Procedure 3. (Doc. 8). Defendant maintains that Plaintiff must file a complaint before the Court can proceed to a consideration of her Motion. (Doc. 8). Now, Plaintiff has not yet filed a Response to the Motion to Strike. Therefore, Plaintiff is DIRECTED to do so by August 21, 2024. See L.R. 7.1(b)(2)(A). Any Reply shall then be filed by August 28, 2024. See L.R. 7.1(b)(2)(B). Signed by Judge David W. Dugan on 8/12/2024. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION to Strike Pl's Motion to Order Preliminary Injunction Barring Interference and Harrassment by Stookey Township. (Funk, Brian) |
| Filing 7 MOTION to Substitute Attorney by Stookey Township. (Wargo, James) |
| Filing 6 NOTICE of Appearance by James Gerard Wargo on behalf of Stookey Township (Wargo, James) |
| Filing 5 NOTICE of Appearance by Brian M Funk on behalf of Stookey Township (Funk, Brian) |
| Filing 4 EXHIBIT by US Department of Housing and Urban Development. Exhibit to #1 Notice of Removal (Civil Cover Sheet). (Hanna, Adam) |
| Filing 3 NOTICE OF ACTION re #1 Notice of Removal filed by US Department of Housing and Urban Development.. A Civil Cover Sheet was not filed as an attachment to the Complaint per this Courts instruction. A Civil Cover sheet must be filed using the event found under Civil > Other Documents > Exhibit and linked back to the Complaint docket entry. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 24-1768-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County, case number 24-CH-41, filed by Housing and Urban Development. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Hanna, Adam) |
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