United States District Court, N.D. Illinois
MOTION TO STRIKE ALL PLEADINGS FILED BY, WILMINGTON
TRUST AS TRUSTEE FOR ARLP SECURITIZATION TRUST SERIES 2014.2,
A NON JURAL DEFUNCT ENTITY. MOTION FOR JUDGEMENT.AND/OR FOR
54(b) CERTIFICATION
Coleman, Judge
NOW
COMES the Plaintiff in support of their Rule 12f Motion to
Strike all pleadings filed by, WILMINGTON TRUST AS TRUSTEE
FOR ARLP SECURITIZATION TRUST SERIES 2014-2, A NON JURAL,
DEFUNCT ENTITY AND MOTION FOR JUDGMENT States as follows:
WILMINGTON
TRUST AS TRUSTEE OF ARLP SECURITIZATION TRUST SERIES 2014-2
MOTION TO DISMISS IS VOID AB
INITIO,
WILMINGTON
TRUST AS TRUSTEE OF ARLP SECURITIZATION TRUST SERIES 2014-2,
has no standing, legal capacity to sue or defend itself
within the State of Illinois and thus any pleadings filed by
WILMINGTON TRUST AS TRUSTEE OF ARLP SECURITIZATION TRUST
SERIES 2014-2, are void ab initio. Rule 17b.
(1)
ARLP SECURITIZATION TRUST SERIES 2014-2 ceased to exist and
therefore could not maintain the lawsuit, and, alternatively,
(2) it was barred from suing under section 13.70 because it
was a foreign entity that never registered to do business in
Illinois.
The
party seeking to invoke federal jurisdiction, here DRW, has
the burden of establishing that it meets the requirements of
standing. DH2, Inc. v S.E.C., 422 F.3d 591, 596 (7th
Cir. 2005). The standing requirements under Article III of
the Constitution are well settled: "injury in fact, a
causal connection between the injury and the defendant's
conduct, and likely redress ability through a favorable
decision." Winkler, 481 F.3d at 979 (citing
Lujan v. Defenders of Wildlife, 504 U.S. 555, 561-61
(1992)). Prudential standing, on the other hand,
"embodies 'judicially self-imposed limits on the
exercise of federal jurisdiction.'". DISABILITY
RIGHTS WISCONSIN, INC v WALWORTH COUNTY BOARD OF SUPERVISORS
United States Court of Appeals For the Seventh Circuit No.
07-1755,
EXHIBIT
1 is a certified copy from the of Secretary of State of
Illinois:, evidencing that ARLP SECURITIZATION TRUST SERIES
2014-2, A NON JURAL entity is not registered with the
Secretary of State of Illinois, (Exhibit 1) to do business
within the State of Illinois. ARLP
SECURITIZATION
TRUST SERIES 2014-2, A NON JURAL ENITY has no standing or
capacity to sue or defend itself within the State of
Illinois.
Exhibit
2 is a true and correct copy of the State of Kentucky issued
a Certificate of Revocation of the ARLP SECURITIZATION TRUST
SERIES 2014-2, "Properly understood, the concept of
'standing' contemplates a requirement that a party
'establish an entitlement to judicial action, separate
from proof of the substantive merits of the claim
advanced.' (13A Wright et al., Fed. Practice and
Procedure (3d ed. 2008) § 3531, p. 6, italics added.)
This concept 'has been largely a creature of twentieth
century decisions of the federal courts.' (Ibid., fn.
omitted.) It is rooted in the constitutionally limited
subject matter jurisdiction of those courts. (See
Id. at p. 9 ['The threshold requirements are
attributed to the "case" and
"controversy" terms that define the federal
judicial power in Article III. Absent constitutional
standing, the courts believe they lack power to entertain the
proceeding." (italics added) ]; see 13 Wright
et al., supra, § 3522, pp. 103-104 [presumption that
federal court lacks subject matter jurisdiction].)
'Article III of the federal Constitution imposes a
"case-or-controversy limitation on federal court
jurisdiction," requiring" 'the party requesting
standing [to allege] "such a personal stake in the
outcome of the controversy as to assure that concrete
adverseness which sharpens the presentation of issues."
'" [Citation.]
"Use
of a fictitious business name ARLP SECURITIZATION TRUST
SERIES 2014- does not create a separate legal entity."
(Pinkerton's, Inc. v. Superior Court (1996) 49
Cal.App.4th 1342, 1348; see also Osmo Tec SACV Co. v.
Crane Envtl, Inc. (Fla.Ct.App. 2004) 884 So.2d 324, 327
[a fictitious name has "no independent legal
existence"].)
With
the dissolution of ARLP SECURITIZATION TRUST SERIES 2014-2,
Stoller argues, "the legal entity that is the Defendant
ARLP SECURITIZATION TRUST SERIES 2014-2, in this action
disappeared."3
ARLP
SECURITIZATION TRUST SERIES 2014-2 lack of standing is a
proper, completely defeats the Defendant's ability to
successfully prosecute its defense and/or claim against the
Plaintiff before this court, see generally.
Reynolds, 2013 IL App (4th) 120139, ¶ 33;
Jackson v. Randle, 2011 IL App (4th) 100790, ¶
12. 'The doctrine of standing is designed to preclude
persons who have no interest in a controversy from bringing
suit,' defendant a suit and 'assures that issues are
raised only by those parties with a real interest in the
outcome of the controversy.'" Nationwide
Advantage Mortgage Co. v. Ortiz, 2012 IL App (1st)
112755, ¶ 24 (quoting Glisson v. City of
Marion, 188 Ill.. 2d 211, 221 (1999)). ¶ 30"
'To have standing, *** the [claimant] must not be merely
curious or concerned but must possess some personal claim,
status, or right, a distinct and palpable injury which is
fairly traceable to the [respondent's] conduct and
substantially likely to be redressed by the grant of such
relief.'" In re Estate of Zivin, 2015 IL
App (1st) 150606, ¶ 14 (quoting Potter v.
Abies, 242 Ill.App.3d 157, 158 (1993)). "A standing
challenge focuses on the party seeking relief-not on the
merits of the controversy-and asks whether that party is
entitled to pursue the legal challenge, either in their
personal or representative capacity." In re Estate
of Zivin, 2015 IL App (1 st) 150606, ¶ 14. ¶
31 "[S]tanding requires some injury in fact to a legally
cognizable interest ***." Glisson, 188 Ill.2d
at 221 In the case at bar, Plaintiff argue that the ARLP
SECURITIZATION TRUST SERIES 2014-2 lack standing[1], has no
legal capacity to sue or be sued or defend itself in
Illinois.
In
summary, Plaintiff is entitled to judgment in his favor
because WILMINGTON TRUST AS TRUSTEE FOR A NON JURAL DEFUNCT
ENTITY, THE ARLP SECURITIZATION TRUST SERIES 2014-2 CANNOT
rebut Stoller's prima facie and irrefutable case that it
lacked standing to sue or to defend itself in the State of
Illinois. See generally Bay view Loan Servicing, L.L.C.
v. Nelson, 382 Ill.App. 2D 1184, 1186 (2008).
WHEREFORE
the Plaintiff requests that the court strike all pleadings
filed by WILMINGTON TRUST AS TRUSTEE FOR ARLP SECURITIZATION
TRUST SERIES 2014-2, A NON JURAL DEFUNCT ENTITY AND
TO GRANT A JUDGMENT IN FAVOR OF THE PLAINTIFF AGAINST THE
ARLP SECURITIZATION TRUST SERIES 2014-2, DECLARING THAT ARLP
SECURITIZATION TRUST SERIES 2014-2, is a non jurat
entity, a defunct entity that HAS NO INTEREST IN THE SUBJECT
PROPERTY known as 28437 N. 112th Way, Scottsdale, Arizona, To
grant the Plaintiff any ...