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16-410 - Bauer et al v. Lauth et al


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16-410 - Bauer et al v. Lauth et al
November 14, 2016
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that defendants Stephen Ryan and Ryan, Bennett & Radloff's motion to dismiss is GRANTED to the extent the Court finds there is no federal subject matter jurisdiction. In all other respects, the motion is DENIED without prejudice. [Doc. 19] IT IS FURTHER ORDERED that defendants Edward T. Graham, Jr. and Beavers, Graham & Calvert's motion to dismiss is GRANTED to the extent the Court finds there is no federal subject matter jurisdiction. In all other respects, the motion is DENIED without prejudice. [Doc. 22] IT IS FURTHER ORDERED that defendant First Mid Illinois Bank & Trust, National Association's motion to dismiss is DENIED as moot. [Doc. 25] IT IS FURTHER ORDERED that defendants First Mid Illinois Bank & Trust, National Association, Doug Kopplin, Unknown Employee and/or Unknown Employees of First Mid Illinois Bank & Trust, and Mary Jane Klitzing's motion to dismiss is GRANTED to the extent the Court finds there is no federal subject matter jurisdiction. In all other respects, the motion is DENIED without prejudice. [Doc. 27] IT IS FURTHER ORDERED that defendants Betty A. Lauth, Carol Heilman, Rose Zimmer, Ralph F. Bauer, Ruth Smith, and Mary Jane Klitzing as Executrix for the Estate of Paul C. Bauer's motion to dismiss is GRANTED to the extent the Court finds there is no federal subject matter jurisdiction. In all other respects, the motion is DENIED without prejudice. [Doc. 29] IT IS FURTHER ORDERED that defendants Stephen Ryan and Ryan, Bennett & Radloff's motion for sanctions is GRANTED to the extent that plaintiffs are barred from filing any further pro se pleadings with this Court that relate to the foreclosure proceedings that took place in Illinois state court, without prior approval of this Court. [Doc. 37] IT IS FURTHER ORDERED that plaintiffs David W. Bauer, Donald W. Bauer, Karla Dale Bauer, and Lauretta D. Bauer's for "Motion to Request Leave of Court to Allow the Filing of the Response to All of the Defendants' Motions to Dismiss,'" which the Court construes as a motion for leave to file their over-length memorandum in response to defendants' motions to dismiss out of time, is GRANTED. [Doc. 35] IT IS FURTHER ORDERED that plaintiffs David W. Bauer, Donald W. Bauer, Karla Dale Bauer, and Lauretta D. Bauer's "Motion for Leave to File All Four Pro Se Plaintiffs' Joint Response," which the Court construes as a motion for leave to file a surresponse to the motion for sanctions, is DENIED. [Doc. 42] An appropriate Order of Dismissal will accompany this memorandum and order. Signed by District Judge Charles A. Shaw on 11/14/2016. (MRC)