U.S. Bank National Association v. Jackson

Filing 13

ORDER: The MOTION to Remand (Doc. 11 ) is GRANTED. The motion for leave to proceed in forma pauperis (Doc. 2 ) and the motion for service of process at government expense (Doc. 3 ) are TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 3/11/2025. (cyl)



IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
vs.
LULLA P. JACKSON,
Defendant.

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Case No. 25-CV-0170-SMY-RJD

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court for consideration of Plaintiffs’ motion to remand (Doc. 11).
For the following reasons, the motion is GRANTED.
Plaintiff U.S. Bank National Association initiated a mortgage foreclosure action against
Defendant Lulla P. Jackson on May 7, 2020, in the Circuit Court of St. Clair County, Illinois (Doc.
11, p. 1). Jackson was personally served on July 17, 2020 (Doc. 11-2). A default judgment was
entered against Jackson on January 28, 2021 (Doc. 11-3). A judicial sale occurred on November
20, 2024, and was subsequently confirmed by the state court on January 21, 2025 (Doc. 11-4).
Jackson filed a Notice of Removal to this Court on February 5, 2025 (Doc. 1).
“Any civil action brought in a state court of which the district courts of the United States
have original jurisdiction may be removed by the defendant or the defendants, to the district court
of the United States for the district or division embracing the place where such action is pending.”
28 U.S.C. § 1441(a). Typically, a notice of removal must be filed within 30 days of service of the
Complaint and Summons. 28 U.S.C. § 1446(b). The removal statute is construed narrowly, and

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any doubts concerning removal are to be resolved in favor of remand. Doe v. Allied-Signal, Inc.,
985 F.2d 908, 911 (7th Cir. 1993).
This matter should have been removed no later than August 16, 2020, and Defendant’s
Notice of Removal, filed on February 5, 2025, is untimely.

Accordingly, this case is

REMANDED to the Circuit Court of St. Clair County, Illinois. The motions for leave to proceed
in forma pauperis and for service of process at government expense (Docs. 2, 3) are
TERMINATED as MOOT.
IT IS SO ORDERED.
DATED: March 11, 2025
STACI M. YANDLE
United States District Judge

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