Federal 7th Circuit Court
Civil Court
Summary Judgment
Dist. Ct. did not err in granting defendants-mortgagors' motion for
summary judgment in action seeking relief arising out of manner and
means in which defendants obtained foreclosure on plaintiffs' home in
prior state-court action as well as pursued plaintiffs' eviction from
said home. Dist. Ct. could properly invoke Rooker-Feldmen doctrine to
dismiss two of 22 counts where essence of said counts were related to
belated defenses to prior state-court foreclosure action. As to
remaining counts, Ct. rejected plaintiff's claim that defendants were
required in summary judgment motion to distinguish all possibility that
events forming basis of plaintiffs' claims occurred. Moreover, Dist. Ct.
did not err in denying either plaintiffs' motion to strike portions of
defendants' affidavit supporting summary judgment motion or plaintiffs' motion to allow additional
discovery during pendency of summary judgment motion.