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17-590 - Aslani v. Curry

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17-590 - Aslani v. Curry
December 15, 2016
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REPORT AND RECOMMENDATIONS re 7 MOTION for Default Judgment as to filed by Maryam Aslani and 12 MOTION to Set Aside Default by Raymond Curry. Objections to R&R due by 1/3/2017. Signed by Magistrate Judge Michael S. Nachmanoff on 12/15/2016. (rban, ) Modified on 12/15/2016 to correct the docket relationships (rban, ). [Transferred from Virginia Eastern on 1/25/2017.]
January 25, 2017
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ge Leonie M. Brinkema on 1/25/17. (yguy) [Transferred from Virginia Eastern on 1/25/2017.]ORDER: For the reasons stated in open court, plaintiffs Motion for Default Judgment [Dkt. No. 7] and Request for Entry of Default [Dkt. No. 14] are DENIED, defendant's Motion to Set Aside the Default [Dkt. No. 12] is GRANTED, plaintiffs counsel's Motion to Withdraw as Counsel of Record [Dkt. No. 25] is GRANTED, and defendant's counsel's Unopposed Motion to Withdraw [Dkt. No. 32] is GRANTED. As for the plaintiffs objections to the Report and Recommendation ("Report"), for the reasons stated in open court, the Court finds that the objections are without merit and that the magistrate judge correctly found that defendant was not properly served, this court lacks personal jurisdiction over the defendant, and that venue in this district is improper. Accordingly, the Report [Dkt. No. 18] is AFFIRMED in all respects except that given the tragic allegations in plaintiffs complaint, rather than accepting the recommendation that the complaint be dismissed, it is hereby ORDERED that this civil action be and is transferred to the United States District Court for the Northern District of Illinois, Eastern Division, where plaintiff previously filed a related complaint. (see order for details). Signed by District Jud