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LPP Mortgage, Ltd. v. Owens

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 16, 2008

LPP MORTGAGE, LTD., PLAINTIFF,
v.
LEANETTE OWENS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Stiehl, District Judge

ORDER

This matter is before the Court sua sponte for docket control. On February 8, 2008, the Court granted partial summary judgment on plaintiff's complaint (Counts 1-4 and 7-10) and dismissed Counts 5-6 sua sponte with leave to re-file once defendants are no longer subject to a bankruptcy stay (See Order at Doc. 40). The Court directed the Clerk of the Court to enter judgment.

It has come to the Court's attention that its prior Order did not dispose of the foreclosure counts, Counts 11 and 12 of the complaint. Accordingly, the Court VACATES and SETS ASIDE, as improvidently entered the judgment (Doc. 41)

The Court, however, is not certain that it has jurisdiction over the foreclosure counts as they appear to be state law based, as opposed to federal law based. Accordingly, the Court DIRECTS the parties to file, within 20 days of the date of this Order, memoranda of law as to whether the Court has jurisdiction to consider the remaining counts, or whether they should be dismissed for lack of jurisdiction.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20080416

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