Case: Latimore v. Citibank Fed. Sav. Bank

Latimore v. Citibank, FSB

Latimore v. Citibank, FSB

U.S. Court of Appeals for the Seventh Circuit

Latimore v. Citibank, FSB

Latimore v. Citibank, FSB

Latimore v. Citibank, FSB

U.S. Court of Appeals for the Seventh Circuit

Washington and Lee Journal of Civil Rights and Social Justice

Erin Elisabeth Dancy

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Michael D. Gerstein, Edwin R. McCullough as attorney(s) for plaintiff Helen Latimore with Rule 39 affidavits ( three originals and three copi summons(es) issued.) ( Documents: 1-1 through 1-5) (fce) (Entered: 01/25/1995)

CONTINGENCY FEE AGREEMENT (not in public case file) (fce) (Entered: 01/25/1995)

RECEIPT regarding payment of filing fee paid; on 1/23/95 in the amount of $ 120.00, receipt # 448689. (fce) (Entered: 01/25/1995)

MINUTE ORDER of 1/24/95 by Hon. Elaine E. Bucklo : This case having been assigned to Judge Bucklo, status hearing set for 03/02/95 at 9:15 a.m. in courtroom 1725. Plaintiff to notify defendants of the scheduled status hearing. Mailed notice (is) (Entered: 01/25/1995)

AGREED MOTION by plaintiff Helen Latimore and defendant Citibank FSB for entry of stipulation to extend time to answer ; Notice of agreed motion (is) (Entered: 02/15/1995)

MINUTE ORDER of 2/14/95 by Hon. Elaine E. Bucklo : Granting plaintiff's agreed motion for entry of stipulation to extend time until March 17, 1995 for defendant to answer or otherwise plead to the complaint [4-1]. No notice (is) (Entered: 02/15/1995)

STIPULATION (is) (Entered: 02/15/1995)

ATTORNEY APPEARANCE for defendants Citibank FSB and Marcia Lundberg by Robert J. Kriss, Alan N. Salpeter and Mary Ann Spiegel (is) (Entered: 02/15/1995)

RULE 39 Affidavit of Robert J. Kriss (is) (Entered: 02/15/1995)

RULE 39 Affidavit of Mary Ann Spiegel (is) (Entered: 02/15/1995)

RULE 39 letter mailed to Alan N. Salpeter (is) (Entered: 02/15/1995)

ATTORNEY APPEARANCE for defendant Ed Kernbauer by Robert J. Kriss, Alan Norris Salpeter, Mary Ann Spiegel (cdh) (Entered: 02/21/1995)

RULE 39 Affidavit of Robert J. Kriss (cdh) (Entered: 02/21/1995)

RULE 39 Affidavit of Alan Norris Salpeter (cdh) (Entered: 02/21/1995)

RULE 39 Affidavit of Mary Ann Spiegel (cdh) (Entered: 02/21/1995)

MINUTE ORDER of 3/1/95 by Hon. Elaine E. Bucklo : Status hearing re-set for 03/23/95 at 9:30 a.m. Mailed notice (fce) (Entered: 03/03/1995)

ANSWER by defendants to plaintiff's original complaint; Notice of filing (ar) (Entered: 03/20/1995)

MINUTE ORDER of 3/17/95 by Hon. Elaine E. Bucklo : Status hearing reset for 04/21/95 at 9:00 am. Mailed notice (ar) (Entered: 03/20/1995)

MOTION by defendant Citibank FSB for protective order (Exhibits); Notice of motion (ar) (Entered: 04/25/1995)

MINUTE ORDER of 4/21/95 by Hon. Elaine E. Bucklo : Status hearing held; continued to 05/26/95 at 10:00 am. Response to defendant Citibank's motion for protective order [17-1] is due by 05/09/95 and any reply by 05/23/95. No notice (ar) (Entered: 04/25/1995)

RESPONSE by plaintiff Helen Latimore to defendant Citibank's motion for protective order [17-1] (Exhibits); Notice of filing (ar) (Entered: 05/10/1995)

REPLY BRIEF by defendant Citibank FSB in support of its motion for protective order [17-1] (Exhibit); Notice of filing (ar) (Entered: 05/23/1995)

MOTION by plaintiff Helen Latimore to compel production with supporting brief (Exhibits); Notice of motion; Notice of filing (ar) Modified on 05/30/1995 (Entered: 05/30/1995)

MINUTE ORDER of 5/26/95 by Hon. Elaine E. Bucklo : Status hearing held and continued to 6/22/95 at 8:45 am. Response to plaintiff's motion to compel [21-1] is due by 06/12/95 and any reply by 6/19/95. Ruling to be made at the next status [12-1]. Defendant's motion for protective order [17-1] is granted and the notification requirement of 205 ILCS Section 110/49 (d)(1) is waived. (See reverse of minute order). Mailed notice (ar) (Entered: 05/30/1995)

MEMORANDUM by defendant Citibank FSB in opposition to plaintiff's motion to compel production [21-1] (Attachments) Notice of filing. (1 vol.) (ar) Modified on 06/13/1995 (Entered: 06/13/1995)

REPLY by plaintiff Helen Latimore to defendant's oppostion to motion to compel production [21-1] (Exhibits); Notice of filing (ar) (Entered: 06/20/1995)

MINUTE ORDER of 6/22/95 by Hon. Elaine E. Bucklo : Status hearing held; continued to 7/27/95 at 8:45 am. Plaintiff's motion to compel [21-1] is granted in part as stated in open court. Mailed notice (ar) Modified on 06/23/1995 (Entered: 06/23/1995)

TRANSCRIPTS of proceedings for the following date(s): 05/26/95 and 06/22/95 before Honorable Elaine E. Bucklo (2 vols. #26-1 and #26-2) (ar) (Entered: 07/11/1995)

SCHEDULE set on 7/27/95 by Hon. Elaine E. Bucklo : Status hearing held; and continued to 9:00 a.m. on 9/27/95. Parties to submit an amended protective order for entry, as discussed in court . (mpj) (Entered: 07/27/1995)

MINUTE ORDER of 8/1/95 by Hon. Elaine E. Bucklo : Granting Citibank's agreed motion for entry of amendment to protective order [28-1]. Mailed notice (ar) (Entered: 08/22/1995)

NOTICE by plaintiff of change of address of counsel. (maf) (Entered: 08/03/1995)

AGREED MOTION by defendant Citibank FSB for entry of amendment to protective order ; Notice of motion (ar) (Entered: 08/22/1995)

PROTECTIVE ORDER (ar) (Entered: 08/22/1995)

SCHEDULE set on 9/22/95 by Hon. Elaine E. Bucklo : Status hearing reset to 9:15 a.m. on 10/10/95 . mailed notice (mpj) (Entered: 09/22/1995)

MOTION by defendants Citibank FSB, Marcia Lundberg, Ed Kernbauer for leave to file additional appearance ; Notice of motion (eav) (Entered: 10/10/1995)

MINUTE ORDER of 10/5/95 by Hon. Elaine E. Bucklo : Defendants' unopposed motion for leave to file additional appearance of Lucia Nale on their behalf is granted. [31-1] Mailed notice (eav) (Entered: 10/10/1995)

ATTORNEY APPEARANCE for defendants Citibank FSB, Marcia Lundberg, Ed Kernbauer by Lucia Nale (eav) (Entered: 10/10/1995)

RULE 39 Affidavit of Lucia Nale (eav) (Entered: 10/10/1995)

SCHEDULE set on 10/10/95 by Hon. Elaine E. Bucklo : Status hearing held; and continued to 9:15 a.m. on 11/9/95 . (mpj) (Entered: 10/10/1995)

SCHEDULE set on 11/9/95 by Hon. Elaine E. Bucklo : Status hearing held. Settlement conference set for 5:00 p.m. on 1/5/96 in chambers 1764 at which time the principals shall also be present . mailed notice (mpj) (Entered: 11/09/1995)

PRE-TRIAL by plaintiff Helen Latimore conference memorandum; Notice of filing (eav) (Entered: 01/02/1996)

SETTLEMENT conference memorandum by defendants (Attachments); Notice of filing (ar) (Entered: 01/05/1996)

MINUTE ORDER of 1/8/96 by Hon. Elaine E. Bucklo : Settlement conference held. Fact discovery is ordered closed on 04/05/96. Plaintiff's experts to be named by 02/29/96. Defendant has until 04/05/96 to disclose its experts. Close of all discovery is set for 06/03/96. Any motion for summary judgment to be filed by 07/15/96; response by 09/03/96; and any reply by 09/24/96. Ruling to be made on 11/22/96 at 9:30 a.m. This case is referred to Magistrate Judge Rosemond to conduct a settlement conference soon after the close of discovery on 06/03/96. This order is entered nunc pro tunc 01/05/96. Mailed notice (eav) (Entered: 01/09/1996)

REFERRAL ORDER of 01/09/96: Case referred to Magistrate Judge W. Thomas Rosemond Jr. pursuant to local General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Settlement conference. Judge Rosemond is requested to conduct a settlement conference soon after the close of discovery on 06/03/96. Mailed notice (eav) (Entered: 01/11/1996)

SCHEDULE set on 6/12/96 by Hon. W. Thomas Rosemond Jr. : Settlement conference set for 2:00 p.m. on 6/27/96 in Chambers 2240. All parties with authority to settle are to be present. Mailed notice (ldg) (Entered: 06/12/1996)

SETTLEMENT conference statement by defendants (Attachments); Notice of filing. (yap) (Entered: 06/26/1996)

SCHEDULE set on 6/27/96 by Hon. W. Thomas Rosemond Jr. : Settlement conference held. No settlement reached; therefore, all matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Mailed notice (ldg) (Entered: 06/27/1996)

SCHEDULE set on 6/27/96 by Hon. W. Thomas Rosemond Jr. : terminating case referral to Hon. W. Thomas Rosemond Jr. No notice (ldg) (Entered: 06/28/1996)

MOTION by defendants to extend expert discovery and revise briefing schedule for dispositive motions ; Notice of motion. (maf) (Entered: 07/22/1996)

MINUTE ORDER of 7/19/96 by Hon. Elaine E. Bucklo: Defendants' motion to extend expert discovery [40-1] and revise briefing schedule for dispositive motion [40-2] is granted. Accordingly, defendant has until 08/12/96 to identify experts and disclose their reports. The expert deposition shall be completed by 09/27/96. Any dispositive motions to be filed by 10/28/96; response by 12/09/96; and any reply by 01/06/97. Ruling set for 03/04/97 at 8:45 a.m. Ruling set for 11/22/96 is vacated. Mailed notice (maf) (Entered: 07/22/1996)

NOTICE by plaintiff Helen Latimore of change of address (smm) (Entered: 08/06/1996)

MOTION by defendants for summary judgment ; Notice of motion (ar) (Entered: 10/29/1996)

LOCAL RULE 12(m) Statement of uncontroverted facts by defendants (ar) (Entered: 10/29/1996)

APPENDIX of exhibits filed by defendants in support of their motion for summary judgment [43-1] (1 vol.) (ar) (Entered: 10/29/1996)

BRIEF by plaintiff Helen Latimore in opposition to summary judgment motion [43-1]; Notice of filing. (smm) (Entered: 12/10/1996)

MOTION by plaintiff Helen Latimore to strike the affidavit and expert report of Thomas S. Neubig . (smm) (Entered: 12/10/1996)

MOTION by plaintiff Helen Latimore to strike the summary evidence of the Kernbauer appraisals . (smm) (Entered: 12/10/1996)

RESPONSE by plaintiff Helen Latimore to local Rule 12(M) statement of facts (smm) (Entered: 12/10/1996)

RULE 12(N) Statement of material facts in opposition to summary judgment motion by plaintiff Helen Latimore (smm) (Entered: 12/10/1996)

APPENDIX filed by plaintiff Helen Latimore of exhibits in support of her brief in opposition to defendants' motion for summary judgment [47-1] (Attachments). (RESTRICTED). (smm) (Entered: 12/10/1996)

MOTION by defendants for extension of time to file reply brief in support of motion for summary judgment ; Notice of motion (fce) (Entered: 01/08/1997)

MINUTE ORDER of 1/7/97 by Hon. Elaine E. Bucklo : Granting defendants'motion for extension of time to file reply brief in support of motion for summary judgment [53-1], motion for summary judgment [43-1]. Accordingly, defendants' reply brief in support of their motion for summary judgment is extended to 01/13/97. Mailed notice (fce) (Entered: 01/08/1997)

REPLY MEMORANDUM by defendants' in support of their motion for summary judgment [43-1] (Attachment) (hp) (Entered: 01/14/1997)

LOCAL RULE 12(m) RESPONSE by defendants to plaintiff's Rule 12(n) statement of material facts (Attachment) (hp) (Entered: 01/14/1997)

MOTION by defendants' to strike appraisal evidence (Attachment) (hp) (Entered: 01/14/1997)

RESPONSE by defendants' to plaintiff's motion to strike summary evidence of Kernbauer appraisals [49-1] (Attachment) (hp) (Entered: 01/14/1997)

RESPONSE by defendants' to plaintiff's motion to strike affidavit and expert report of Thomas S. Neubig [48-1]; Notice of filing (hp) (Entered: 01/14/1997)

SUPPLEMENTAL APPENDIX of exhibits filed by defendants' in support of their motion for summary judgment [43-1] (RESTRICTED) (hp) (Entered: 01/14/1997)

SCHEDULE set on 4/8/97 by Hon. Elaine E. Bucklo : R uling set for April 9, 1997 is continued to 9:00 a.m. on 4/25/97 . mailed notice (mpj) (Entered: 04/08/1997)

MINUTE ORDER of 5/7/97 by Hon. Elaine E. Bucklo : Ruling on the pending motion for summary judgment to be made by mail. [43-1] No notice (hp) (Entered: 05/09/1997)

MEMORANDUM, OPINION, AND ORDER (fce) (Entered: 09/24/1997)

MINUTE ORDER of 9/23/97 by Hon. Elaine E. Bucklo : Defendants' motion for summary judgment is granted [43-1]. Motion to strike the affidavit and expert report of Thomas S. Neubig [48-1], motion to strike the summary evidence of the Kernbauer appraisals [49-1], motion to strike appraisal evidence [57-1] are denied as moot. Any pending motion in this case is to be terminated as moot. Enter Memorandum Opinion and Order. terminating case Mailed notice (fce) (Entered: 09/24/1997)

ENTERED JUDGMENT (fce) (Entered: 09/24/1997)

NOTICE OF APPEAL by plaintiff Helen Latimore from motion minute order [63-2], from order [62-1], from judgment entered [64-1] ( $105.00 PAID); Notice of filing. (fce) (Entered: 10/27/1997)

DOCKETING STATEMENT by plaintiff Helen Latimore regarding appeal [67-1] . (fce) (Entered: 10/27/1997)

BILL of costs by Citibank FSB; Notice of filing (ar) (Entered: 10/22/1997)

MINUTE ORDER of 10/27/97 by Hon. Elaine E. Bucklo : Response to defendant's Bill of Costs is due by 11/10/97. Ruling to be made by mail. Mailed notice (ar) (Entered: 10/28/1997)

MOTION by plaintiff to review costs taxed by the Clerk ; Notice of motion (ar) (Entered: 10/29/1997)

AFFIDAVIT of Edwin R. McCullough regarding plaintiff's motion to review costs taxed by the Clerk [70-1] (Attachment) (ar) (Entered: 10/29/1997)

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce) (Entered: 10/27/1997)

MINUTE ORDER of 10/28/97 by Hon. Elaine E. Bucklo : Plaintiff's motion to review costs taxed [70-1] will be treated as response to defendant's bill of costs. No notice (ar) (Entered: 10/29/1997)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97-3724 (Attachment) (ar) (Entered: 10/31/1997)

RESPONSE by defendants to plaintiff's motion to review costs taxed by the clerk [70-1] (ar) (Entered: 11/12/1997)

TRANSMITTED to the 7th Circuit the long record on appeal no. 97-3724 consisting of one volume of pleadings, two vault items, two volumes of transcripts, two volumes of loose pleadings and certificates. Mailed notice to all counsel. (fce) (Entered: 11/10/1997)

MOTION by defendant to supplement the record on appeal (Exhibit) (Attachments); Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 12/10/1997)

MINUTE ORDER of 12/9/97 by Hon. Elaine E. Bucklo : Defendants' motion to supplement the record on appeal [75-1] with documents numbered 37, 38 (both documents), 39 (document not already transmitted), 40 and 41 is granted. Telephoned notice (ar) (Entered: 12/10/1997)

MINUTE ORDER of 1/16/98 by Hon. Elaine E. Bucklo : Citibank is awarded costs in the amount of $2,118.65. (See reverse of minute order.) Mailed notice (ar) (Entered: 01/20/1998)

BILL OF COSTS submitted by defendants (Attachment) (ar) (Entered: 01/20/1998)

COSTS taxed for defendants in the amount of $ 5,253.25 against plaintiff (Attachments) (ar) (Entered: 01/20/1998)

LETTER from defendants' counsel to Angela Revis, dated 02/09/98 (ar) (Entered: 02/10/1998)

LETTER from defendants's counsel to Angela Revis, dated 02/10/98 (ar) (Entered: 02/10/1998)

TRANSMITTED to the 7th Circuit supplement to appeal no. 97-3724 consisting of one volume of pleadings. Mailed notice to all counsel. (ar) (Entered: 02/10/1998)

COPY of Order from the 7th Circuit, dated 03/03/98: "It is ordered that this case be set down for oral argument on Thursday, 04/09/98, in the Courtroom of the United States Court of Appeals for the Seventh Circuit, 219 South Dearborn, Room 2721, Chicago, Illinois, at 10:00 am. Oral argument will be no more than 15 minutes for each side. Counsel are advised that the panel of judges assigned to oral argument may decide, after readng the briefs, that less time is required for oral argument ...." (USCA #97-3724) (ar) (Entered: 03/06/1998)

LETTER from the 7th Circuit returning the record on appeal no. 97-3724 consisting of two volumes of pleadings, two loose pleadings, two transcripts and two volumes of in camera material (ar) (Entered: 09/02/1998)

OPINION from the 7th Circuit: Argued 04/14/98; Decided 08/10/98. (USCA #97-3724) (ar) (Entered: 09/02/1998)

CERTIFIED COPY of order from the 7th Circuit, dated 08/10/98: "The judgment of the District Court is affirmed, with costs, in accordance with the decision of this court entered this date." [67-1] (USCA #97-3724) (ar) (Entered: 09/02/1998)