IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DEUTSCHE BANK NATIONAL TRUST )

COMPANY, AS TRUSTEE UNDER THE )

POOLING AND SERVICING AGREEMENT )

DATED AS OF SEPTEMBER 1, 2003, )

MORGAN STANLEY ABS CAPITAL INC. )

TRUST 2003-NC8, )

)

Plaintiff, )

)

v. ) Case No. 12 C 2607

)

ALITA A. ABELL, CAPITAL ONE BANK )

(USA), N.A., SUCCESSOR IN INTEREST )

TO CAPITAL ONE BANK, CRESANDRA )

WILLIAMS, )

)

Defendants. )

MEMORANDUM ORDER

This action, which is extraordinarily long in the tooth in terms of the mortgage 

foreclosure lawsuits that have become a significant component of this District Court's caseload, 

has somehow fallen between the cracks -- its pendency came to light again during this Court's 

recent case-by-case review of pending actions assigned to its calendar. Under the circumstances 

a brief review of the bidding may be appropriate.

One of the individual co-defendants, mortgagor Alita Abell ("Abell"), originally appeared 

through counsel. But after this Court had issued a brief July 22, 2012 memorandum order 

striking counsel's Answer and Affirmative Defenses, while granting leave to file a corrected 

version, nothing further was ever filed on Abell's behalf. So on September 4, 2012 the lawyer 

for plaintiff Deutsche Bank National Trust Company ("Deutsche Bank") filed a motion for 

Case: 1:12-cv-02607 Document #: 47 Filed: 01/15/14 Page 1 of 2 PageID #:225
summary judgment coupled with a motion for the appointment of a special commissioner.

Because efforts were then being made by the mortgagor to obtain a loan modification or 

perhaps to make other arrangements that would avoid foreclosure, the matter was continued from 

time to time until March 18, 2013, when Deutsche Bank's counsel withdrew its pending motions 

without prejudice to possible refiling. Further status hearings were then scheduled and held, but 

with no resolution of the matter having taken place during a several month period, Deutsche 

Bank refiled similar motions in mid-August 2013. Because Abell's counsel did not appear when 

that second summary judgment motion was noticed up for hearing, the matter was continued 

through three more status hearings until November 13, 2013, at which point this Court indicated 

that summary judgment would be forthcoming -- but at that point the case dropped off the radar 

screen.

With apologizes for the delay, this Court finds that Deutsche Bank's submissions have 

shown that there is no genuine dispute as to any material fact and that movant Deutsche Bank is 

entitled to a judgment as a matter of law, so that the entry of summary judgment is in order (see 

Fed. R. Civ. P. 56(a)). Accordingly Deutsche Bank's counsel is directed to deliver to this Court's 

chambers, for signature by this Court, two up-to-date order forms, one appointing Judicial Sales 

Corporation as special commissioner and the other setting out a judgment of foreclosure. This 

Court will promptly issue those appropriate orders.

__________________________________________

Milton I. Shadur

Senior United States District Judge

Date: January 15, 2014

Case: 1:12-cv-02607 Document #: 47 Filed: 01/15/14 Page 2 of 2 PageID #:226