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Bank of America, N.A., Etc v. First Mutual Bancorp of Illinois

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


April 14, 2011

BANK OF AMERICA, N.A., ETC., PLAINTIFF AND COUNTERDEFENDANT,
v.
FIRST MUTUAL BANCORP OF ILLINOIS, INC., ET AL., DEFENDANTS AND COUNTERPLAINTIFFS.
BANK OF AMERICA, N.A., ETC., PLAINTIFF AND COUNTERDEFENDANT,
v.
PETHINAIDU VELUCHAMY, ET AL., DEFENDANTS AND COUNTERPLAINTIFFS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM

On April 12, 2011 this Court received in chambers, delivered here by the United States Postal Service, a plain white envelope addressed to this Court but reflecting no identification of the sender or any return address, and having attached to it an excess amount of postage that did not appear to be stamped as having been cancelled.*fn1 That envelope contained a one-page unsigned letter dated April 7 and a number of attachments:

1. Case Information Summary for Case No. 2010-L-013628 from the Circuit Court of Cook County;

2. Case Information Summary for Case No. 2010-L-013627 from the Circuit Court of Cook County; and

3. a replica of this Court's three page memorandum opinion and order dated February 1, 2011, the first page of which also contained a typewritten "Doc. 254" in the upper right-hand corner and a typewritten "Dockets.Justia.com" in the lower right-hand corner, both of which notations had not been part of the original opinion.

To avoid any problems of this Court having received and read an ex-parte communication, even from an unidentified source, this Court immediately caused its minute clerk to arrange for counsel for the parties to appear in court at 8:30 a.m. April 13. All counsel in the case appeared: Vincent Connolly, Esq. on behalf of plaintiffs, Thomas McQueen, Esq. and Robert Cheifetz, Esq. on behalf of defendants and Terence Banich, Esq. on behalf of intervenors. This Court delivered a copy of the letter and its attachments to each counsel and is causing each of those documents to be filed of record in both lawsuits along with this memorandum.


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