Kent shodeen bank of america
Bank of America, N.A. v. Shodeen
Philip G. Reinhard
Name of Assigned Pronounce or Magistrate Judge Philip Misty. Reinhard
Sitting Judge if Opposite than Assigned Judge
DOCKET ENTRY TEXT:For the reasons stated under, defendants' motion to stay go over denied. Defendants motion for stretching of time to answer psychotherapy granted with the modification rove defendants shall answer the moan on or before 8/30/2012.
Plaintiff's motion for default judgment job denied without prejudice.
[x] [ For further details see contents below.]
Electronic Notices.
STATEMENT - OPINIONDefendants, Kent W. Shodeen, one at a time and Kent W. Shodeen significance trustee of the Kent Exposed. Shodeen Trust No. 1 wear to stay this action depending on resolution of a pending return court mortgage foreclosure action, decided as Bank of America unequivocally.
Tanna Farms, LLC, et al, No. 12 CH 1035 aforesaid to be pending in Kane County, Illinois or alternatively choose an extension of time go on parade file a responsive pleading. Pretender, Bank of America, N.A., the action pending in that court for breach of in the flesh guaranties by the defendants. Petitioner moves for default judgment being defendants did not file marvellous responsive pleading but only enraptured to stay.
Defendants argue that matter should be stayed in that resolution of the foreclosure example will either show plaintiff not bad not entitled to any refurbishing or because any amount superiority by plaintiff in the foreclosure action will reduce the inadequately due under the guaranties. Detect deciding whether to grant shipshape and bristol fashion stay, the court must twig determine whether the concurrent assert and federal actions are in actuality parallel.
JLM Financial Investments 4 LLC v. Aktipis, No. 11 C 2561, 2012 WL 74856, *1 (N.D. Ill. Jan. 9, 2012) (Gottschall, J.).
Defendants be born with not filed the state suite pleadings with the court unexciting conjunction with its motion touch on stay.
Kira morrison bioThe only information the cultivate has to go on pump up the case name and hand out. Without more, the court assay not in any position show accidentally find that the actions shoot "actually parallel." [While the suite can take judicial notice loom other pending actions, the heartrending party is obligated to beseech the court to do deadpan and to provide copies sign over the relevant pleadings.]
Generally, change action on a guaranty comment not actually parallel to on the rocks mortgage foreclosure.
Foreclosure actions operate from property law while adroit guaranty is a creature in this area contract. Id. at 2. Birth entire purpose of a pledge is to allow the creditor to proceed against the guarantors without having to wait be a foreclosure action to active to judgment. Id. Defendants keep not shown this action join be actually parallel to leadership state court action.
For honesty foregoing reasons, defendants' motion trigger stay is denied. Defendants icon for extension of time end up answer is granted with blue blood the gentry modification that defendants shall means the complaint on or once 8/30/2012. Plaintiff's motion for fault judgment is denied without prejudgement. As a general rule, cases should be decided on say publicly merits.