J.P. Morgan Chase Bank, National Association v. Delashment et al

Filing 6

MEMORANDUM AND ORDER, The Court TRANSFERS this case to the United States District Court for the Northern District of Illinois, Eastern Division, for improper venue pursuant to 28 U.S.C. § 1406(a). Signed by Judge J. Phil Gilbert on 5/27/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
J.P. MORGAN CHASE BANK, NATIONAL
ASSOCIATION,
Plaintiff,
Case No. 14-cv-482-JPG-SCW
v.
KERMIT DELASHMENT and UNKNOWN
OWNERS AND NON-RECORD
CLAIMANTS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Court’s April 30, 2014, order for defendant
Kermit Delashment to show cause on or before May 16, 2014, why the Court should not transfer
this case to the United States District Court for the Northern District of Illinois for improper venue
pursuant to 28 U.S.C. § 1406(a) (Doc. 5). In that order, the Court noted that Delashment removed
this foreclosure action from the Circuit Court of Cook County, Illinois, pursuant to 28 U.S.C.
§ 1441(a), which provides that a civil action may be removed by a defendant “to the district court
of the United States for the district and division embracing the place where such action is
pending.” However, the Southern District of Illinois does not embrace Cook County, which is
squarely within the Eastern Division of the Northern District of Illinois. The Court further noted
that it appeared venue in the Southern District was improper and that a transfer to the Northern
District, Eastern Division, was called for by 28 U.S.C. § 1406(a). Delashment did not respond to
the Court’s order to show cause.
Having reviewed the entire file and for the foregoing reasons, the Court TRANSFERS this
case to the United States District Court for the Northern District of Illinois, Eastern Division, for
improper venue pursuant to 28 U.S.C. § 1406(a).
IT IS SO ORDERED.
DATED: May 27, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE