Garcia v. Schmidt
| Yesenia Garcia |
| Dawn Schmidt |
| 3:2023cv00568 |
| May 2, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Michael P Shea |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| None |
Docket Report
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Filing 9
ORDER: In light of the dismissal of this case, see ECF No. 8, the motion for leave to proceed in forma pauperis (ECF No. #2 ) is denied as moot. Signed by Judge Michael P. Shea on 6/23/23. (Constantine, A.)
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Filing 8
ORDER: The Court lacks jurisdiction over the operative complaint, see ECF No. 7, and despite notice and opportunity, the Plaintiff has not filed an amended complaint. The Clerk of the Court is instructed to dismiss the case without prejudice. Signed by Judge Michael P. Shea on 6/6/23. (Constantine, A.)
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Filing 7
ORDER: The Plaintiff, who resides at Veteran Terrace Communities, an apartment complex, filed a complaint against Dawn Schmidt, who appears to be employed by Carrabetta Management, alleging that "she makes any tenant feel uncomfortable" and has been "harassing since I moved in." The Plaintiff further alleges that Schmidt falsely stated that the Plaintiff had drugs, a large amount of money, and weapons in her home. As a result, the Plaintiff received a notice to quit. She has never had any issues before this but "since they remodeled and Carrabetta took over it's been nothing but harassment with this lady." The Plaintiff states that she "can't have company because [Schmidt] is always questioning who comes in and out." Schmidt also violated HIPAA by "notifying info to other coworkers that none of their business." "They have cameras. They say they are for security but they are always looking if you have a visitor. I feel my rights have been taken from me. I feel uncomfortable." Federal courts have subject matter jurisdiction over two categories of cases: those that arise under federal law and those in which there is an amount in controversy over 75,000 dollars and the parties have completely diverse citizenship. 28 U.S.C. 1331, 1332(a); Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019).The Court does not have federal question jurisdiction because the plaintiff's claims of "harassment" by the defendant, without more, fail to state a claim under federal law. "Federal courts do not have subject matter jurisdiction over landlord-tenant matters." Verdejo v. N. Shore Assocs., No. 08-CV-1950 (BMC), 2008 WL 11439346, at *2 (E.D.N.Y. May 23, 2008). See e.g. Galland v. Margules, No. 05 Civ. 5639, 2005 WL 1981568, *1 (S.D.N.Y. Aug. 17, 2005) ("[F]ederal courts do not have federal question subject matter jurisdiction over state residential landlord-tenant matters."). The Plaintiff has not alleged any discriminatory treatment or violation of federal law that would bring this case within the jurisdiction of this Court under the Fair Housing Act, 42 U.S.C. 3604 et seq. And although the Plaintiff alleges violation of a federal law - HIPAA - that claim fails because HIPAA does not provide a private cause of action. Klein v. Aicher, No. 19-CV-9172 (RA), 2020 WL 4194823, at *3 n.5 (S.D.N.Y. July 21, 2020) (citing cases). The Court also does not have diversity jurisdiction because both parties are citizens of Connecticut. Even when liberally construed, the complaint does not state an adequate basis for the Court's subject matter jurisdiction. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). The Plaintiff is directed to file an amended Complaint that states an adequate basis for this Court's jurisdiction --if such a basis exists -- no later than June 3, 2023. Failure to do so will result in dismissal for lack of subject matter jurisdiction Signed by Judge Michael P. Shea on 5/4/23. (Constantine, A.)
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| Set Deadlines: Dismissal due by 6/3/2023 (Johnson, D.) |
| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 5/2/2023. (Gaskins, A.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Yesenia Garcia. (Gaskins, A.) |
| Judge Michael P. Shea and Judge Thomas O. Farrish added. (Johnson, D.) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 05/02/2023. (Peterson, M)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 05/02/2023. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 7/1/2023. Discovery due by 11/1/2023. Dispositive Motions due by 12/6/2023. Signed by Clerk on 05/02/2023. (Peterson, M)
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| Filing 1 COMPLAINT against Dawn Schmidt, filed by Yesenia Garcia. (Gaskins, A.) |
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| Plaintiff: Yesenia Garcia | |
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| Defendant: Dawn Schmidt | |
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