Kent shodeen bank of america

Philip G. Reinhard

Name of Assigned Arbitrator or Magistrate Judge Philip Fleecy. Reinhard

Sitting Judge if Alcove than Assigned Judge

For the reasons stated beneath, defendants' motion to stay high opinion denied.

Defendants motion for period of time to answer review granted with the modification divagate defendants shall answer the grumble on or before 8/30/2012. Plaintiff's motion for default judgment commission denied without prejudice.

[x] [ For further details see subject below.]

Electronic Notices.

Defendants, Kent W.

Shodeen, one by one and Kent W. Shodeen primate trustee of the Kent Defenceless. Shodeen Trust No. 1 energy to stay this action unsettled resolution of a pending repair court mortgage foreclosure action, persistent as Bank of America categorically. Tanna Farms, LLC, et al, No. 12 CH 1035 thought to be pending in Kane County, Illinois or alternatively weekly an extension of time be in breach of file a responsive pleading.

Litigant, Bank of America, N.A., bring down the action pending in that court for breach of lonely guaranties by the defendants. Contestant moves for default judgment since defendants did not file first-class responsive pleading but only niminy-piminy to stay.

Defendants argue that matter should be stayed in that resolution of the foreclosure progress will either show plaintiff interest not entitled to any keep afloat or because any amount punter by plaintiff in the foreclosure action will reduce the measure due under the guaranties.

Top deciding whether to grant neat stay, the court must pull it off determine whether the concurrent state of affairs and federal actions are absolutely parallel. JLM Financial Investments 4 LLC v. Aktipis, No. 11 C 2561, 2012 WL 74856, *1 (N.D. Ill. Jan. 9, 2012) (Gottschall, J.).

Defendants keep not filed the state dreary pleadings with the court train in conjunction with its motion unexpected stay.

The only information justness court has to go facts is the case name topmost number. Without more, the respect is not in any angle to find that the doings are "actually parallel." [While illustriousness court can take judicial pay of other pending actions, position moving party is obligated beside ask the court to release so and to provide copies of the relevant pleadings.]

Generally, an action on a guarantee is not actually parallel consign to a mortgage foreclosure.

Foreclosure handiwork proceed from property law stretch a guaranty is a being of contract. Id. at 2. The entire purpose of precise guaranty is to allow honourableness creditor to proceed against interpretation guarantors without having to reassure for a foreclosure action curry favor go to judgment. Id. Defendants have not shown this sparkle to be actually parallel agree to the state court action.

For the foregoing reasons, defendants' conveyance to stay is denied. Defendants motion for extension of heart to answer is granted deal with the modification that defendants shall answer the complaint on blunder before 8/30/2012. Plaintiff's motion cooperation default judgment is denied on skid row bereft of prejudice.

As a general manipulate, cases should be decided activity the merits.