Oyarzun v. Spader et al
| Luisa Oyarzun |
| Walter Spader, President/CEO, Exchange Place Preservation Partners, LLC, Fred C. Mitchell, Exchange Place MM LLC, The NHP Foundation, Exchange Plaza Towers & Beacon Rental Community, Lori Caruso, Christine Tucci, Willy Quiles, Awilda Hand, Antonio Rodriguez, The Waterbury Police Department and Fernando C. Spagnolo |
| 3:2024cv00277 |
| February 28, 2024 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Omar A Williams |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.
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Filing 9
ORDER denying ECF No. #2 , Motion to Proceed In Forma Pauperis, and dismissing case. Under 28 U.S.C. 1915(e), courts are required to dismiss any action that is frivolous or that fails to state a claim upon which relief can be granted. After careful review of the complaint, the court cannot find a clear federal claim amongst the few factual allegations. Although Plaintiff cites to several federal laws and the United States Constitution, there are no facts alleged that could support a claim under any of the cited laws. Rather, it appears that Plaintiff is named in a housing dispute in state court, and that she is dissatisfied with the progression of those proceedings. However, federal courts generally do not have federal question jurisdiction over eviction proceedings, and it does not appear that diversity jurisdiction exists. Accordingly, the plaintiff has failed to show that the federal court has jurisdiction over this matter, see Shenandoah v. Halbritter, 366 F.3d 89, 91 (2d Cir. 2004) ("A party seeking to invoke the subject matter jurisdiction of a [c]ourt has the burden of demonstrating that there is subject matter jurisdiction in the case."), and the court must dismiss this action for lack of jurisdiction. The motion to proceed in forma pauperis, ECF No. #2 , is denied as moot. The Clerk of Court is asked, respectfully, to please close this case. Further, because the motion to proceed in forma pauperis contains certain sensitive personal information, the Clerk of Court hereby is asked to please seal the motion until further order of the court. It is so ordered. Signed by Judge Omar A. Williams on 3/4/24. (Wagner, R)
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| Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Peterson, M) |
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Filing 7
Standing Order to Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 02/28/2024. (Peterson, M)
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Filing 6
Standing Protective Order Signed by Judge Omar A. Williams on 02/28/2024. (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 Omar A. Williams on 02/28/2024. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 4/28/2024. Discovery due by 8/29/2024. Dispositive Motions due by 10/3/2024. Signed by Clerk on 02/28/2024. (Peterson, M)
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| 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 2/28/2024.(Chartier, A.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Luisa Oyarzun. (Chartier, A.) |
| Filing 1 COMPLAINT against Lori Caruso, Exchange Place MM LLC, Exchange Place Preservation Partners, LLC, Exchange Plaza Towers & Beacon Rental Community, Awilda Hand, Fred C. Mitchell, President/CEO, Willy Quiles, Antonio Rodriguez, Walter Spader, Fernando C. Spagnolo, The NHP Foundation, The Waterbury Police Department, Christine Tucci, filed by Luisa Oyarzun. (Attachments: #1 Envelope)(Chartier, A.) |
| Judge Omar A. Williams and Judge Maria E. Garcia added. (Freberg, B) |
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