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Dixon Healthcare v. Northbrook Bank & Trust

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


March 15, 2013

DIXON HEALTHCARE & REHABILITATION CENTER, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY; ET AL., PLAINTIFFS,
v.
NORTHBROOK BANK & TRUST COMPANY, AN ILLINOIS BANKING COMPANY; ET AL., DEFENDANTS.

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

MEMORANDUM

Following today's status hearing in this action, this Court -- with the able assistance of Docketing Supervisor Pam Geringer in the Clerk's Office -- learned the reason for the tangled web that had been spun by plaintiffs' counsel in connection with the March 5, 2013 order that had been entered by Bankruptcy Judge Jacqueline Cox. It turned out that even though counsel had properly filed a notice of appeal ("Notice") from that order in the Bankruptcy Court, he never made that Notice the subject of a filed appeal in this District Court -- instead he simply (and wrongly) attached a copy of the Notice to his motion in this case seeking a stay of the Bankruptcy Court order.

To cure that defect this Court has directed the Clerk's Office to initiate a case in this District Court (with counsel for appellants of course obligated to pay the filing fee on their behalf) by filing the Notice electronically, so that the appeal (like any other civil action) will be assigned at random to one of the judges of this District Court. No view is expressed here as to the appropriate handling of the appeal, a matter for determination by the assigned judge.*fn1


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