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- ilcd;;4:17-cv-04136_de101 RegisterActionDate "2019-09-13" @default.
- ilcd;;4:17-cv-04136_de101 RegisterActionDescriptionText "ORDER entered by Chief Judge Sara Darrow on September 13, 2019. Plaintiff United States of America's 72 Motion to Enter Judgment of Foreclosure is GRANTED. The judgment of foreclosure is attached. Defendant Talea Nelson has filed another 77 motion, filed as a response to the 72 motion, requesting that the Court vacate its 71 order. Though she cites Federal Rules of Civil Procedure 60(b), 26(a)(1)(E), and 12(b), the motion is appropriately considered a motion to reconsider under Rule 54(b), which provides that a court may revise a non-final order at any time prior to entry of judgment. A judge may reconsider a previous ruling "if there is a compelling reason, such as a change in, or clarification of, law that makes clear that the earlier ruling was erroneous." Santamarina v. Sears, Roebuck & Co., 466 F.3d 570, 572 (7th Cir. 2006). Nothing presented by Nelson convinces the Court that its previous ruling was erroneous. Moreover, although Nelson complains that she was not properly served, any defense based on insufficient service is long waived by her participation in this suit. See Wells Fargo Bank, N.A. v. Younan Props., Inc., 737 F.3d 465, 469 (7th Cir. 2013) ("[T]he defense of insufficient service is deemed waived unless raised in a timely fashion."); Cont'l Bank, N.A. v. Meyer, 10 F.3d 1293, 1297 (7th Cir. 1993) (holding that defenses like insufficient service of process "may be waived by formal submission in a cause, or by submission through conduct" (quotation marks omitted)). The 77 motion is DENIED. (AK, ilcd) Modified on 7/2/2020 to correct Motion number (LN, ilcd). (Entered: 09/13/2019)" @default.
- ilcd;;4:17-cv-04136_de101 AdministrativeID "79" @default.
- ilcd;;4:17-cv-04136_de101 hasJudgeReference SJ001510 @default.
- ilcd;;4:17-cv-04136_de101 hasReferenceToOtherEntry ilcd;;4:17-cv-04136_de91 @default.
- ilcd;;4:17-cv-04136_de101 hasReferenceToOtherEntry ilcd;;4:17-cv-04136_de93 @default.
- ilcd;;4:17-cv-04136_de101 hasReferenceToOtherEntry ilcd;;4:17-cv-04136_de99 @default.