Merritt-Wilson v. New American Funding, LLC et al
| Bianca Lace Merritt-Wilson |
| New American Funding, LLC, Broker Solutions, Inc. doing business as New American Funding, Edward Ralph Peterka, Zachariah Lee Manchester, Scott D Smith, Lindsey Everhart Reese, Intercounty Judicial Sales Corporation, MDK Legal, LLC, First American Mortgage Solutions, LLC, Merscorp Holdings, Inc., Mortgage Electronic Registration Systems, Inc., Candelaria Salmeron, Addison Rice, Benchmark Title Company, Dorren Miller, Esq., Selena Gill and John/Jane Does 1-20 |
| 3:2025cv02177 |
| December 12, 2025 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Contract: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2026. A more recent docket listing may be available from PACER.
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Filing 24
ORDER DISMISSING CASE. This matter comes before the Court on plaintiff's Notice of Voluntary Dismissal (Doc.23), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action without a court order at any time before the opposing party serves an answer or a motion for summary judgment. The defendant has not served an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss this case at the present time, the Court finds this case is DISMISSED without prejudice and DIRECTS the Clerk of Court to close the case. Signed by Judge J. Phil Gilbert on 3/11/2026. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 NOTICE of Voluntary Dismissal by Bianca Lace Merritt-Wilson (clw) |
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Filing 22
ORDER DENYING #3 Motion for Leave to Proceed in Forma Pauperis. In the motion, Plaintiff says that she receives income from disability. However, neither her affidavit nor the motion attached to it states the amount of income that she receives. As such, the Court ORDERS Plaintiff to file a new motion that accurately reflects the income she receives from disability on or before March 25, 2026. It WARNS Plaintiff that making an allegation of poverty that is untrue is itself a basis to deny her leave to proceed without pre-payment of fees. See 28 U.S.C. 1915(e)(2)(A) (requiring the Court to dismiss a case "if the court determines that... the allegation of poverty is untrue."); Thomas v. GMAC, 288 F.3d 305, 306 (7th Cir. 2002) (if "the allegation of poverty [is] false, the suit ha[s] to be dismissed; the judge ha[s] no choice."). The Court DIRECTS the Clerk of Court to send Plaintiff a blank motion to proceed in forma pauperis along with this order. Signed by Judge J. Phil Gilbert on 2/23/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 21
ORDER STRIKING #14 Notice of Refusal of Acceptance. This document was intended to be filed in the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois. In addition, it is not relevant to any of the claims in Plaintiff's amended complaint. Signed by Judge J. Phil Gilbert on 2/19/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
ORDER DENYING #15 Motion for Reasonable ADA Accommodations. To begin with, the ADA does not apply to the federal courts. See Stanek v. Saint Charles Cmty. Unit Sch. Dist. #303, No. 13-CV-3106, 2020 WL 13988118, at *1 (N.D. Ill. Jan. 17, 2020) (collecting cases). Further, even though this Court liberally construes pro se pleadings, pro se litigants must comply with the Federal Rules of Civil Procedure and the Local Rules of the Southern District of Illinois. See Anderson v. Hardman, 241 F.3d 544, 545 (7th Cir. 2001); Members v. Paige, 140 F.3d 699, 702 (7th Cir. 1998) ("[R]ules apply to uncounseled litigants and must be enforced."). The Court declines to issue Plaintiff a blanket exemption from court rules. It will enforce page limits and deadlines. Plaintiff is free to seek extensions, and the Court will address those requests on a case-by-case basis. If Plaintiff wants to appear remotely, she must request authorization from the Court. To the extent Plaintiff asks for the Court to decide matters on the papers without oral argument, that is the undersigned's standard procedure for pre-trial motions. Signed by Judge J. Phil Gilbert on 2/19/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
ORDER DENYING #13 Motion to Appoint Counsel. The Court will generally not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the complaint under 28 U.S.C. 1915(e)(2). Given the early stage of this litigation, it is difficult to accurately evaluate the need for assistance of counsel. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013) ("[U]ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel... cannot be gauged."). If Plaintiff's amended complaint survives preliminary review, Plaintiff may file a new motion. Along with the new motion, Plaintiff should submit letters of rejection from at least three (3) attorneys to demonstrate reasonable efforts to obtain counsel. Signed by Judge J. Phil Gilbert on 2/19/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER DENYING #12 Motion for Service of Process at Government Expense. Plaintiff has asked this Court to proceed without pre-payment of fees. (See Doc. #3 ). As such, the amended complaint is subject to preliminary review under 28 U.S.C. 1915(e)(2). If any claims survive screening, the Court will order service by the United States Marshals Service. Signed by Judge J. Phil Gilbert on 2/19/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER GRANTING #6 Motion for Leave to File Documents Electronically. In a Notice (Doc. 16) filed February 13, 2026, Plaintiff Bianca Merritt-Wilson certified that she has read the ECF Rules and Section V of the Pro Se Litigant Guide and assured the Court that she is familiar with the consequences and responsibilities of registration as a CM/ECF user in this case. Accordingly, the Court GRANTS her access to the ECF system for this case and designates her as a Pro Se Filing User. To access the system, Plaintiff must first enroll to use CM/ECF in the Southern District of Illinois by obtaining a personal PACER account at: #https://www.pacer.gov, as this District uses the NextGen version of CM/ECF. Plaintiff must then complete the application for "Non-Attorney E-File Registration" located on the Maintenance tab within her personal PACER account. Plaintiff is ADVISED that once she is registered for electronic filing, the Clerk's Office will no longer mail paper copies of documents that are filed, and Plaintiff may no longer submit paper filings by U.S. mail or through intake at the Clerk's Office. She is also WARNED that e-filing is a privilege that may be revoked if it is abused. Reasons for revocation include, but are not limited to, the following: overly frequent or lengthy filings, repetitive or duplicative filings, unsolicited and unwarranted filings, or filings that are otherwise frivolous or abusive of the litigation process. Plaintiff will be warned if her conduct might lead to revocation of this privilege. Signed by Judge J. Phil Gilbert on 2/19/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 MOTION for Right to File Documents Electronically by Bianca Lace Merritt-Wilson. (clw) |
| Filing 15 MOTION Reasonable ADA Accommodation by Bianca Lace Merritt-Wilson. (clw) |
| Filing 14 STRICKEN SUPPLEMENT (Notice of Refusal of Acceptance) by Bianca Lace Merritt-Wilson. Supplement to #2 Complaint. (clw) Modified on 2/19/2026 (adh). |
| Filing 13 MOTION to Appoint Counsel by Bianca Lace Merritt-Wilson. (clw) |
| Filing 12 MOTION for Service of Process at Government Expense by Bianca Lace Merritt-Wilson. (clw) |
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Filing 11
ORDER GRANTING #8 Plaintiffs' Motion for Extension of Time. The Court ACCEPTS #7 Plaintiffs' Response to Order to Show Cause. Signed by Judge J. Phil Gilbert on 1/23/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER re #6 Motion for Leave to File Documents Electronically. Plaintiff Bianca Merrit-Wilson requests leave to file documents using the Court's electronic case filing system. Electronic Case Filing ("ECF") Rule 1 permits pro se litigants to use the CM/ECF system for a specific case with prior court approval. Once granted, ECF Rule 2 requires the pro se litigant to register for an "e-file only" account at #www.pacer.gov to gain access to CM/ECF. Registration with CM/ECF has consequences, including that the pro se litigant may no longer submit paper filings and will no longer receive paper mailings from the Court or the defendants, as explained in Section V of the Court's Pro Se Litigant Guide at #https://www.ilsd.uscourts.gov/forms-0. The ECF Rules are available at #https://www.ilsd.uscourts.gov/electronic-case-filing. Other resources regarding use of the CM/ECF and PACER systems are available at #https://pacer.uscourts.gov/help. Because it is unclear whether this plaintiff is aware of the consequences and responsibilities of registration as a CM/ECF user in this case, the Court RESERVES RULING on her motion until she files written notice that she has read the ECF Rules and Section V of the Pro Se Litigant Guide. The Court will deny this motion without prejudice if she does not file this notice within 30 days (on or before February 23, 2026). Signed by Judge J. Phil Gilbert on 1/23/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Bianca Lace Merritt-Wilson.(clw) |
| Filing 8 MOTION for Leave to File Response to Order to Show Cause Out of Time by Bianca Lace Merritt-Wilson. (clw) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE filed by Bianca Lace Merritt-Wilson. (clw) |
| Filing 6 MOTION File Documents Electronically by Bianca Lace Merritt-Wilson. (clw) |
| Show Cause Response due by 1/15/2026. (adh) |
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Filing 5
MEMORANDUM AND ORDER, The Court DENIES Plaintiff Bianca Lace Merritt-Wilson's Emergency Motion for TRO (Doc. 4). The Court ORDERS Plaintiff to SHOW CAUSE on or before January 15, 2026, why the Court should not (1) dismiss this case for lack of federal subject matter jurisdiction and/or (2) abstain from hearing this case under the Younger abstention doctrine. The Court RESERVES RULING on Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Doc. 3), Motion for Order Appointing Limited-Scope ADA Counsel (Doc. 4), Motion for ADA Accommodation (Doc. 4), and Motion for Leave to Participate in Electronic Filing (Doc. 4). Signed by Judge J. Phil Gilbert on 12/16/2025. (jdh)
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| Filing 4 EMERGENCY MOTION for Temporary Restraining Order by Bianca Lace Merritt-Wilson. (clw) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Bianca Lace Merritt-Wilson. (clw) |
| Filing 2 COMPLAINT against All Defendants, filed by Bianca Lace Merritt-Wilson.(clw) (Main Document 2 replaced on 12/12/2025) (jlh). |
| Filing 1 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 25-CV-2177-JPG. Refer to the pro se litigant guide, found on the ILSD website, for further information. (clw) |
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