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Zions Bancorp.
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Motion | Filed: April 18, 2024 | Entered: April 18, 2024 Choi-Alonso v. Absolute Resolutions Investments, LLC et al
Consumer Credit | Nevada
Stipulation
STIPULATION FOR EXTENSION OF TIME (First Request) re 1 Complaint,,, by Defendant Bank of America, N.A.. (Garabedian, Jory) (extend) (answer)
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Response | Filed: April 18, 2024 | Entered: April 18, 2024 Biers v. Dentons US et al
Racketeer/Corrupt Organization | Utah
Objections
OBJECTION to 406 Joint Motion in part, filed by Steven J. McDade. (dle)
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Order | Filed: April 16, 2024 | Entered: April 16, 2024 Tri-City Electric Company of Iowa v. Century Woods IL TC, LP et al
Real Property: Foreclosure | Illinois Central
Order on Motion for Default Judgment
TEXT ORDER: The Plaintiff filed a 18 Motion for Default Judgment Against Century Woods IL TC, LP and American Preservation Builders, LLC. "There are two stages in a default proceeding: the establishment of the default, and the actual entry of a default judgment. Once the default is established, and thus liability, the plaintiff still must establish his entitlement to the relief he seeks." In re Catt, 368 F.3d 789, 793 (7th Cir. 2004). Construing the Motion as one for the entry of default (the Motion "seeks" an order of default in addition to the entry of default judgment), information is lacking. The Plaintiff states that on 7/26/2023, Renee B. Weiss, holding herself out as General Counsel of Defendants Century Woods IL TC, LP and American Preservation Builders, LLC accepted service of the Complaint on behalf of both entities. The attached [18-4] exhibit is entitled "Acceptance of Service" and provides that Weiss, as General Counsel, "does hereby acknowledge and accept service of the Summons, Complaint for Foreclosure of Subcontractors Claim for Lien, Rule 222 Affidavit, and Lis Pendens Notice of behalf of Century Woods IL TC, LP and American Preservation Builders, LLC, and acknowledges receipt of a true copy thereof on this 26th day of July, 2023." However, the Plaintiff has not explained that service on the General Counsel for these two Defendants conformed with Illinois law regarding service of process. See Romo v. Gulf Stream Coach, Inc., 250 F.3d 1119, 1122 (7th Cir. 2001) (citing Allen v. Ferguson, 791 F.2d 611, 616 n.8 (7th Cir. 1986)) ("In determining the validity of service prior to removal, a federal court must apply the law of the state under which the service was made...."); see also Fed. R. Civ. P. 81 ("These [federal rules] apply to a civil action after it is removed from a state court"). The 18 Motion for Default Judgment Against Century Woods IL TC, LP and American Preservation Builders, LLC is DENIED without prejudice. Entered by Magistrate Judge Jonathan E. Hawley on 4/16/2024. (KZ)
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