Ortiz v. FEMA
| Elsie Ortiz |
| FEMA |
| 3:2019cv01779 |
| November 8, 2019 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Sarah A L Merriam |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| None |
Docket Report
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Filing 15
ELECTRONIC ORDER. As Magistrate Judge Merriam advised in her Order [Doc. 14] dated 12/18/2019, Plaintiff's #12 Amended Complaint, which she filed in response to the #10 Recommended Ruling is completely deficient in that "it provides no basis for standing and no claim for relief." See Doc. #12 . Specifically, it contains no factual assertions and no claims at all. In light of Plaintiff's pro se status and the possibility that she has failed to read the text of the seven-page attachment of Magistrate Judge Merriam's #10 Recommended Ruling, the Court grants Plaintiff leave to file a second Amended Complaint to correct the present deficiencies -- namely, to set forth a clear statement of her claims and a factual basis for Article III standing -- on or before January 10, 2020. Under 28 U.S.C. 1915, if a plaintiff has been granted leave to proceed in forma pauperis, as in this case, "the court shall dismiss the case at any time if the court determines that the action... fails to state a claim on which relief may be granted...." 28 U.S.C. 1915(e)(2)(B). Therefore, if Plaintiff fails to file a viable amended complaint by January 10, 2020, her action will be dismissed without prejudice for the reasons set forth in the #10 Recommended Ruling. Signed by Judge Charles S. Haight, Jr. on December 20, 2019. (Dorais, L.)
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Filing 14
ORDER. On December 3, 2019, the Court entered a Recommended Ruling recommending that the Complaint be dismissed, without prejudice. See Doc. #10 . As a part of that Ruling, the Court granted plaintiff leave to file an Amended Complaint, explaining that any such Amended Complaint must "set[] forth a clear statement of her claims and a factual basis for Article III standing." Doc. #10 at 7. Plaintiff has now filed an Amended Complaint with no factual assertions whatsoever; it provides no basis for standing and no claim for relief. See Doc. #12 . Plaintiff is hereby notified that she must carefully read and review not only the docket text of the Court's Recommended Ruling, but the detailed ruling attached as Document #10 , which is seven (7) pages long and includes important information. It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/18/19. (Scholfield, D.)
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| Filing 13 EXHIBIT - REDACTED by Elsie Ortiz re 11 Order on Motion to Seal. (Pipech, L.) |
| Filing 12 AMENDED COMPLAINT against FEMA, filed by Elsie Ortiz.(Pipech, L.) (Additional attachment(s) added on 12/18/2019: #1 ECF No. 10) (Pipech, L.). |
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Filing 11
ORDER. For the reasons set forth below, plaintiff's #5 Motion to Seal is GRANTED, in part, and DENIED, in part.On November 13, 2019, the self-represented plaintiff filed a #1 Complaint against "FEMA" seeking assistance for repairs on her deceased father's home that was damaged during Hurricane Maria. See generally Doc. #1 . Simultaneously with the Complaint, plaintiff separately filed 73 pages of exhibits (Doc. #6 ), along with a motion seeking to seal those exhibits (Doc. #5 ).The Court has carefully reviewed the exhibits filed by plaintiff. Although some of those exhibits contain sensitive personal information, such as birthdates, Social Security numbers, and bank account information, the Court does not find clear and compelling reasons to justify sealing the exhibits in their entirety. See D. Conn. L. Civ. R. 5(e)3. The Court will, however, grant plaintiff's motion to the extent that the exhibits reflect sensitive information, the inclusion of which is not relevant to plaintiff's case. See D. Conn. Electronic Filing Policies and Procedures, Section III.C. ("To address the privacy concerns created by internet access to Court documents, litigants should not include sensitive information in any document filed with the Court unless such inclusion is relevant to the case.").Accordingly, plaintiff shall file a redacted version of the exhibits on or before December 17, 2019. Specifically, plaintiff should redact, or "black-out," any sensitive information contained in the exhibits, including: "FEMA Assistance Secure Access Codes;" dates of birth; Social Security numbers; driver's license numbers; and bank account numbers.Failure to file a redacted version of the exhibits by December 17, 2019, may result in the Court unsealing the exhibits filed on the docket. It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/3/2019. (Katz, S.)
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| Filing 10 RECOMMENDED RULING. For the reasons set forth in the attached Recommended Ruling, the Court recommends that the #1 Complaint be DISMISSED, without prejudice to re-filing. If plaintiff disagrees with the recommendations in this Ruling, she must file an objection on or before December 17, 2019. Failure to file an objection by this deadline will preclude appellate review.In the alternative, if plaintiff wishes to accept the Recommended Ruling and pursue her claim(s), she must file an amended complaint on or before December 17, 2019. Signed by Judge Sarah A. L. Merriam on 12/3/2019. (Katz, S.) |
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Filing 9
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . Plaintiff has completed the required information. Plaintiff asserts that she is unable to afford to pay fees and costs, as she is unemployed, and her unemployment benefits ended on November 17, 2019. See id. at 3. Plaintiff also asserts that she has minimal assets and outstanding debt. See id. at 4. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. Signed by Judge Sarah A. L. Merriam on 12/3/2019. (Katz, S.)
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| Filing 8 Consent to Electronic Notice by Elsie Ortiz (Murphy, Tatihana) |
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Filing 7
ORDER OF REFERRAL (see attached). This case is respectfully referred to Magistrate Judge Sara A. L. Merriam for a ruling on Plaintiff's #2 Motion for Leave to Proceed In Forma Pauperis and #5 Motion to Seal Exhibits, a review of the #1 Complaint pursuant to 28 U.S.C. 1915(e)(2), and any conference or hearing to assist in resolving the referred matters. Signed by Judge Charles S. Haight, Jr. on November 18, 2019. (Dorais, L.)
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| Filing 6 Sealed Document: Exhibits to the Complaint by Elsie Ortiz re #5 MOTION to Seal Exhibits to the Complaint. (Pipech, L.) |
| Filing 5 MOTION to Seal Exhibits to the Complaint by Elsie Ortiz. (Pipech, L.) |
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Charles S. Haight, Jr on 11/8/2019.(Pipech, L.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 1/7/2020; Discovery due by 5/9/2020; Dispositive Motions due by 6/13/2020. Signed by Clerk on 11/8/2019.(Pipech, L.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Elsie Ortiz. (Pipech, L.) |
| Filing 1 COMPLAINT against FEMA, filed by Elsie Ortiz.(Pipech, L.) |
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