DeClerck v. Bank of New York Mellon
Federal Civil Lawsuit Illinois Central District Court, Case No. 3:14-cv-03365

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Last Updated February 23, 2019 at 1:29 AM ST (2.2 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Bobbie J DeClerck, Plaintiff

Toggle Switch Represented by Bobbie J DeClerck

Name Phone Fax E-Mail
Space Bobbie J DeClerck
No Logo George DeClerck, Plaintiff

Toggle Switch Represented by George DeClerck

Name Phone Fax E-Mail
Space George DeClerck
v.
No Logo Bank of America Home Loans, Defendant
Bank of New York Mellon Corporation Bank of New York Mellon Corporation, Defendant
Officially listed as "Bank of New York Mellon"

Toggle Switch Represented by Polsinelli Shughart, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Corsale +1 314 889 8000 +1 314 231 1776 pcorsale@polsinelli.com
ATTORNEY TO BE NOTICED Matthew S Layfield +1 314 889 8000 +1 314 622 6798
No Logo Bank Of New York Trust Company, NA, Defendant
Officially listed as "Bank of New York Trust Company"
No Logo Christopher J Irk, Defendant
No Logo CoreLogic, Defendant
Countrywide Home Loans, Inc. Countrywide Home Loans, Inc., Defendant
No Logo Countrywide Home Loans Servicing, LP, Defendant
No Logo Countrywide Securities Corporation, Defendant
No Logo CWABS Asset Backed Certificates, Defendant

Toggle Switch Represented by Polsinelli Shughart, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Corsale +1 314 889 8000 +1 314 231 1776 pcorsale@polsinelli.com
ATTORNEY TO BE NOTICED Matthew S Layfield +1 314 889 8000 +1 314 622 6798
No Logo CWABS, Inc, Defendant
No Logo Diana A Carpintero, Defendant
No Logo Emily S Kresse, Defendant
No Logo James A Meece, Defendant
No Logo James D Major, Defendant
No Logo Jane Does 1-100, Defendant
No Logo John Does 1-100, Defendant
No Logo Kenneth J Nannini, Defendant
No Logo Laurence J Goldstein, Defendant
No Logo Mortgage Electronic Registration Systems, Inc., Defendant

Toggle Switch Represented by Polsinelli Shughart, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Corsale +1 314 889 8000 +1 314 231 1776 pcorsale@polsinelli.com
No Logo RBS Greenwich Capital, Defendant
No Logo Roes 1-100, Defendant
No Logo Russell C Wirbicki, Defendant
No Logo Shara Netterstrom, Defendant
No Logo Specialized Loan Servicing LLC, Defendant

Toggle Switch Represented by Polsinelli Shughart, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter Corsale +1 314 889 8000 +1 314 231 1776 pcorsale@polsinelli.com
ATTORNEY TO BE NOTICED Matthew S Layfield +1 314 889 8000 +1 314 622 6798
No Logo Stan Zotas, Defendant
No Logo Swarupa Slee, Defendant
No Logo The Wirbicki Law Group, LLC, Defendant
No Logo Tristar Title LLC, Defendant
Citation Section 18 U.S.C. § 1964
Nature of Suit Truth in Lending
  Entries (49) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 32 Filed: 8/27/2015, Entered: None Unknown Document TypeCourt Filing
OPINION: The Court concludes that the Plaintiffs' claims in Counts 12, 13, 15, and 19 must be dismissed for lack of subject-matter jurisdiction pursuant to the Rooker-Feldman doctrine, and the Plaintiffs' remaining claims fail to state a cl aim upon which relief can be granted. Therefore, the Defendants' Motion to Dismiss (d/e 19 ) is GRANTED. Defendants Specialized Loan Servicing, LLC, Bank of New York Mellon, and Mortgage Electronic RegistrationSystems, Inc. are hereby TERMINATED from this suit. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 8/25/2015. (MJ, ilcd)
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    Legal Document (Payment Possibly Required) 31 Filed: 8/17/2015, Entered: None Unknown Document TypeCourt Filing
    REPORT AND RECOMMENDATION entered by U.S. Magistrate Judge Tom Schanzle-Haskins RECOMMENDING that Plaintiffs' Complaint be dismissed without prejudice for want of prosecution as to Defendants Bank of New York Trust Company, Bank of America Home Loans, CWABS, Inc., CWABS Asset Backed Certificates Series 2007-1, Countrywide Home Loans, Inc., Stan Zotas, Countrywide Securities Corporation, Countrywide Home Loans Servicing, LP, Tristar Title LLC, RBS Greenwich Capital, Russell C. Wirbicki, Dian a A. Carpintero, Kenneth J. Nannini, Laurence J.Goldstein, James A. Meece, James D. Major, Christopher J. Irk, Emily S. Kresse, Shara Netterstrom, The Wirbicki Law Group, LLC, CoreLogic, and Swarupa Slee pursuant to Rule 4(m). See written order. Objections to R&R due by 9/3/2015. (LB, ilcd) (Copies of Report & Recommendation sent this date via U.S. Mail to pro se Plaintiffs at their listed addresses.)
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      Legal Document (Payment Possibly Required) 30 Filed: 5/21/2015, Entered: None Memorandum
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        Legal Document (Payment Possibly Required) 29 Filed: 3/23/2015, Entered: None Reply to Response to Motion
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          Legal Document (Payment Possibly Required) 28 Filed: 3/19/2015, Entered: None Response to Motion/Petition
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            Legal Document (Payment Possibly Required) 28 Filed: 3/17/2015, Entered: 3/19/2015 Response to Motion
            RESPONSE to 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and LACK OF SUBJECT-MATTER JURISDICTION filed by Plaintiffs Bobbie J DeClerck and George DeClerck. (MJ, ilcd) (Entered: 03/19/2015)
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              Legal Document (Payment Possibly Required) 27 Filed: 3/19/2015, Entered: None Notice (Other)
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                Legal Document (Payment Possibly Required) 27 Filed: 3/17/2015, Entered: 3/19/2015 ~Notice (other)
                DECLARATIONS of George DeClerck and Bobbie J. DeClerck re non-receipt of Motions to Dismiss. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 Continued, # 3 Exhibit 1 Continued, # 4 Exhibit 1 Continued, # 5 Exhibit 1 Continued, # 6 Exhibit 1 Continued, # 7 Exhibit 1 Continued, # 8 Exhibit 1 Continued, # 9 Exhibit 1 Continued, # 10 Exhibit 1 Continued, # 11 Exhibit 1 Continued, # 12 Exhibit 1 Continued, # 13 Exhibit 1 Continued, # 14 Exhibit 1 Continued, # 15 Exhibit 1 Continued, # 16 Exhibit 1 Continued, # 17 Exhibit 1 Continued, # 18 Exhibit 1 Continued, # 19 Exhibit 1 Continued, # 20 Exhibit 1 Continued, # 21 Exhibit 1 Continued, # 22 Exhibit 1 Continued, # 23 Exhibit 1 Continued, # 24 Exhibit 1 Continued, # 25 Exhibit 1 Continued, # 26 Exhibit 1 Continued, # 27 Exhibit 1 Continued, # 28 Exhibit 1 Continued, # 29 Exhibit 1 Continued, # 30 Exhibit 2) (MJ, ilcd) (Entered: 03/19/2015)
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                  Legal Document (Payment Possibly Required) 26 Filed: 3/16/2015, Entered: None Notice (Other)
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                    Legal Document (Payment Possibly Required) 25 Filed: 3/4/2015, Entered: None Memorandum
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                      Legal Document (Payment Possibly Required) 24 Filed: 2/25/2015, Entered: None Memorandum
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                        Legal Document (Payment Possibly Required) 23 Filed: 2/25/2015, Entered: None Certificate of Interest
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                          Legal Document (Payment Possibly Required) 22 Filed: 2/24/2015, Entered: None Entry of Default
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                            Legal Document (Payment Possibly Required) 22 Filed: 2/19/2015, Entered: 2/24/2015 Motion for Entry of Default
                            MOTION for Entry of Default against Wirbicki Law Group by Plaintiff Bobbie J DeClerck. Responses due by 3/9/2015 (ME, ilcd) (Entered: 02/24/2015)
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                              Legal Document (Payment Possibly Required) 21 Filed: 2/24/2015, Entered: None Entry of Default
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                                Legal Document (Payment Possibly Required) 21 Filed: 2/19/2015, Entered: 2/24/2015 Motion for Entry of Default
                                MOTION for Entry of Default against Wirbicki Law Group by Plaintiff George DeClerck. Responses due by 3/9/2015 (ME, ilcd) (Entered: 02/24/2015)
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                                  Legal Document (Payment Possibly Required) 20 Filed: 2/23/2015, Entered: None Memorandum in Support of Motion/Petition
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                                    Legal Document (Payment Possibly Required) 19 Filed: 2/23/2015, Entered: None Dismiss for Failure to State a Claim
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                                      Legal Document (Payment Possibly Required) 18 Filed: 2/23/2015, Entered: None Leave to File Document
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                                        Legal Document (Payment Possibly Required) 17 Filed: 2/23/2015, Entered: None Notice of Appearance of Attorney
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                                          Legal Document (Payment Possibly Required) 16 Filed: 2/3/2015, Entered: 2/3/2015 Notice of Appearance of Attorney
                                          NOTICE of Appearance of Attorney by Peter A Corsale on behalf of Bank of New York Mellon, Specialized Loan Servicing LLC (Corsale, Peter) (Entered: 02/03/2015)
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                                            Legal Document (Payment Possibly Required) 15 Filed: 1/30/2015, Entered: None Return of Service Executed
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                                              Legal Document (Payment Possibly Required) 15 Filed: 1/26/2015, Entered: 1/30/2015 Return of Service Executed
                                              Return of Service Executed by Bobbie J DeClerck, George DeClerck as to Specialized Loan Servicing LLC 1/5/2015. (MJ, ilcd) (Entered: 01/30/2015)
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                                                Legal Document (Payment Possibly Required) 14 Filed: 1/30/2015, Entered: None Return of Service Executed
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                                                  Legal Document (Payment Possibly Required) 14 Filed: 1/26/2015, Entered: 1/30/2015 Return of Service Executed
                                                  Return of Service Executed by Bobbie J DeClerck, George DeClerck as to Bank of New York Mellon 1/7/2015. (MJ, ilcd) (Entered: 01/30/2015)
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                                                    Legal Document (Payment Possibly Required) 13 Filed: 1/30/2015, Entered: None Return of Service Executed
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                                                      Legal Document (Payment Possibly Required) 13 Filed: 1/26/2015, Entered: 1/30/2015 Return of Service Executed
                                                      Return of Service Executed by Bobbie J DeClerck, George DeClerck as to The Wirbicki Law Group LLC. (MJ, ilcd) (Entered: 01/30/2015)
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                                                        Legal Document (Payment Possibly Required) 12 Filed: 1/23/2015, Entered: None Extension of Time to File Answer
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                                                          Legal Document (Payment Possibly Required) 11 Filed: 1/23/2015, Entered: None Notice of Appearance of Attorney
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                                                            Legal Document (Payment Possibly Required) 10 Filed: 12/30/2014, Entered: None Entry of Default
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                                                              Legal Document (Payment Possibly Required) 10 Filed: 12/29/2014, Entered: 12/30/2014 Motion for Entry of Default
                                                              MOTION for Entry of Default by Plaintiffs Bobbie J DeClerck and George DeClerck. Responses due by 1/15/2015 (MAS, ilcd) (Entered: 12/30/2014)
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                                                                Legal Document (Payment Possibly Required) 9 Filed: 12/30/2014, Entered: None Summons Returned Executed (21 days to answer)
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                                                                  Legal Document (Payment Possibly Required) 9 Filed: 12/29/2014, Entered: 12/30/2014 Summons Returned Executed (21 days to answer)
                                                                  SUMMONS Returned Executed by George DeClerck. The Wirbicki Law Group LLC served on 12/2/2014, answer due 12/23/2014. (MAS, ilcd) (Entered: 12/30/2014)
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                                                                    Legal Document (Payment Possibly Required) 8 Filed: 12/5/2014, Entered: None Summons Issued
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                                                                      Legal Document (Payment Possibly Required) 8 Filed: 11/25/2014, Entered: 12/5/2014 Summons Issued
                                                                      Summons Issued as to Bank of New York Mellon, Specialized Loan Servicing LLC, The Wirbicki Law Group LLC. (MJ, ilcd) (Entered: 12/05/2014)
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                                                                        Legal Document (Payment Possibly Required) 7 Filed: 12/5/2014, Entered: None Exhibit
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                                                                          Legal Document (Payment Possibly Required) 7 Filed: 11/25/2014, Entered: 12/5/2014 Exhibit
                                                                          Exhibit 2 re 1 Complaint by Bobbie J DeClerck, George DeClerck. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7)(MJ, ilcd) (Entered: 12/05/2014)
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                                                                            Legal Document (Payment Possibly Required) 6 Filed: 12/5/2014, Entered: None Exhibit
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                                                                              Legal Document (Payment Possibly Required) 6 Filed: 11/25/2014, Entered: 12/5/2014 Exhibit
                                                                              Exhibit 1 (continued) re 1 Complaint by Bobbie J DeClerck, George DeClerck. (Attachments: # 1 Exhibit 1 Continued, # 2 Exhibit 1 Continued, # 3 Exhibit 1 Continued) (MJ, ilcd) (Entered: 12/05/2014)
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                                                                                Legal Document (Payment Possibly Required) 5 Filed: 12/5/2014, Entered: None Exhibit
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                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 11/25/2014, Entered: 12/5/2014 Exhibit
                                                                                  Exhibit 1 (continued) re 1 Complaint by Bobbie J DeClerck, George DeClerck. (Attachments: # 1 Exhibit 1 Continued, # 2 Exhibit 1 Continued, # 3 Exhibit 1 Continued, # 4 Exhibit 1 Continued) (MJ, ilcd) (Entered: 12/05/2014)
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                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 12/5/2014, Entered: None Exhibit
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                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 11/25/2014, Entered: 12/5/2014 Exhibit
                                                                                      Exhibit 1 (continued) re 1 Complaint by Bobbie J DeClerck, George DeClerck. (Attachments: # 1 Exhibit 1 Continued, # 2 Exhibit 1 Continued, # 3 Exhibit 1 Continued, # 4 Exhibit 1 Continued) (MJ, ilcd) (Entered: 12/05/2014)
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                                                                                        Legal Document (Payment Possibly Required) 3 Filed: 12/5/2014, Entered: None Exhibit
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                                                                                          Legal Document (Payment Possibly Required) 3 Filed: 11/25/2014, Entered: 12/5/2014 Exhibit
                                                                                          Exhibit 1 (continued) re 1 Complaint by Bobbie J DeClerck, George DeClerck. (Attachments: # 1 Exhibit 1 Continued, # 2 Exhibit 1 Continued, # 3 Exhibit 1 Continued, # 4 Exhibit 1 Continued) (MJ, ilcd) (Entered: 12/05/2014)
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                                                                                            Legal Document (Payment Possibly Required) 2 Filed: 12/5/2014, Entered: None Exhibit
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                                                                                              Legal Document (Payment Possibly Required) 2 Filed: 11/25/2014, Entered: 12/5/2014 Exhibit
                                                                                              Exhibit 1 re 1 Complaint by Bobbie J DeClerck, George DeClerck. (Attachments: # 1 Exhibit 1 Continued, # 2 Exhibit 1 Continued, # 3 Exhibit 1 Continued, # 4 Exhibit 1 Continued) (MJ, ilcd) (Entered: 12/05/2014)
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                                                                                                Legal Document (Payment Possibly Required) 1 Filed: 12/5/2014, Entered: None Complaint
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                                                                                                  Legal Document (Payment Possibly Required) 1 Filed: 11/25/2014, Entered: 12/5/2014 Complaint
                                                                                                  COMPLAINT against All Defendants (Filing fee $400, Receipt No. 34626007044) filed by Bobbie J DeClerck, George DeClerck. (MJ, ilcd) (Entered: 12/05/2014)
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