Scotto v. United Airlines and its Subsidaries, et al et al
| Livia M. Scotto |
| Department of Social Security Administration, European Banking Authority, Barclays Bank, Bank Luxembourg, United States, Counsel of Record, U.S. Department of State, Honolulu Hawaii Regional Passport Office, Honolulu, Hawaii, State of Hawai'i, UBS AG, Honolulu County Dvision of Airports, County of Maui, United Airlines and its Subsidaries, U.S. Department of Treasury, Tripler Army Medical Center, M.Dyer and Sons, Inc., United Continental Holdings, Corporate Counsel, Office of General Counsel, U.S. Veterans Administration, Pentagon Federal Credit Union, M. Dyer and Sons, U.S. Housing and Urban Development, Credit Suisse AG, U.S Departmentof Agriculture, U.S/Department of State, U.S. Veternas Affairs, Bank de Paribas, Office of Regional Counsel, Bank of Hawaii and Hawaii Public Housing Authority |
| 1:2018cv05622 |
| August 16, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Thomas M Durkin |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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| Filing 21 CIRCUIT Rule 3(b) Fee Notice. (eaa, ) |
| Filing 20 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal, #17 ; USCA Case No. 18-3123. (eaa, ) |
| Filing 19 TRANSMITTED to the 7th Circuit the short record on notice of appeal, #17 . Notified counsel. (eaa, ) |
| Filing 18 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal, #17 . (eaa, ) |
| Filing 17 NOTICE of appeal by Livia M. Scotto regarding orders #11 , #9 , #7 , #10 . (Attachments: #1 Letter from Court of Appeals, #2 Notice of Appeal Exhibits, #3 Envelopes) (Envelope postmarked 9/27/18). (Received for Docketing on 10/3/18). (eaa, ) |
| Filing 16 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's renewed motions for attorney representation #14 #15 are denied as moot for the same reasons her prior motion #12 was denied as moot. Plaintiff's amended complaint has been dismissed with prejudice and the case is now closed. This Court's prior order #13 outlined the procedures for appealing if plaintiff chooses to do so. Mailed notice (srn, ) |
| Filing 15 MOTION by Plaintiff Livia M. Scotto for appointment of counsel. (Exhibits). (eaa, ) |
| Filing 14 MOTION by Plaintiff Livia M. Scotto for attorney representation. (Exhibits). (eaa, ) |
| Filing 13 MINUTE entry before the Honorable Thomas M. Durkin:Because plaintiff's amended complaint has been dismissed with prejudice and the case is now closed #10 , the Court denies plaintiff's 1200+ page motion for appointment of counsel #12 as moot. The Court notes that there is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010). Although the Court has discretion under 28 U.S.C. 1915(e)(1) to recruit counsel for an indigent litigant in a civil case in certain circumstances, Ray v. Wexford Health Sources, Inc., 706 F.3d 864, 866-67 (7th Cir. 2013), it does not do so here because it has already found that plaintiff has not come close to stating a plausible claim over which this Court has jurisdiction. The Court further notes that if plaintiff wishes to appeal this order of dismissal, she must file a Notice of Appeal to the United States Court of Appeals for the Seventh Circuit with the Clerk of the Court of the United States District Court, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. See Fed.R.App.P. 4(a)(1)(A); Yapan v. Marvin Holding Co., 2014 WL 242839, at *3 (N.D. Ill. Jan. 22, 2014). Any Notice of Appeal must be filed within 30 days after the entry of judgment, which occurred on 9/11/18. See Fed.R.App.P. 4(a)(1)(A).Mailed notice (srn, ) |
| Filing 12 MOTION by Plaintiff Livia M. Scotto for for Appointment of Counsel. (Exhibits). (Attachments: #1 Attachment 1, #2 Attachment 2). (eaa, ) |
| Filing 11 ENTERED JUDGMENT: Signed on 9/11/2018:Mailed notice(srn, ) |
| Filing 10 MINUTE entry before the Honorable Thomas M. Durkin:On the Court's own motion, plaintiff's amended complaint #8 is dismissed with prejudice. On 8/22/18, the Court dismissed plaintiff's original complaint without prejudice for failure to state a claim. R. 5. The Court allowed plaintiff until 9/12/18 to file an amended complaint, explaining that if plaintiff failed to file an amended complaint stating a valid cause of action, the case would be terminated. As this Court explained in its order dismissing plaintiff's original complaint without prejudice, a complaint must contain sufficient factual matter to state a claim that is plausible on its face and to allow the court to draw a reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Fed. R. Civ. P. 8 requires more than "an unadorned, the-defendant-unlawfully-harmed-me accusation"; labels and conclusions are not enough. Iqbal, 556 U.S. at 678. Plaintiff's amended complaint is now styled as an employment discrimination complaint. But it continues to make no plausible allegations stating a cause of action, for employment discrimination or otherwise. The complaint continues to name defendants including "United Airlines," "U.S. Customs," "U.S. Air Force," and "U.S. State Department," to seek damages of $950 million, and to attach 100+ pages of disconnected exhibits, including documents related to lost luggage with United, various receipts, and filings from this case and other cases. The complaint states that plaintiff received a notice of a right to sue letter from the Equal Employment Opportunity Commission at a date in the future (R. 8 at 1), but does not attach any such letter. Plaintiff's complaint falls far short of providing sufficient facts about the complained-of conduct. The Court therefore dismisses plaintiff's amended complaint with prejudice.Civil case terminated. Mailed notice (srn, ) |
| Filing 9 MINUTE entry before the Honorable Thomas M. Durkin:The Court has received plaintiff's filing of 9/6/2018 and will review it as an Amended Complaint. Mailed notice (srn, ) |
| Filing 7 MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff is advised that filing by fax is not permitted. See Local Rule 5.5. Plaintiff is granted an additional seven days to 9/19/2018 in which to file her amended complaint. Mailed notice (srn, ) |
| Filing 8 AMENDED complaint by Livia M. Scotto. (Exhibits). (eaa, ) |
| Filing 6 MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's oral request for additional time in which to comply with this Court's 8/22/2018 order is granted. Plaintiff has to and including 9/12/2018 in which to comply. Mailed notice (srn, ) |
| Filing 5 MINUTE entry before the Honorable Thomas M. Durkin:On the Court's own motion, Plaintiff's Complaint is dismissed without prejudice. A complaint must contain sufficient factual matter to state a claim that is plausible on its face and to allow the court to draw a reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Fed. R. Civ. P. 8 requires more than "an unadorned, the-defendant-unlawfully-harmed-me accusation"; labels and conclusions are not enough. Iqbal, 556 U.S. at 678. Plaintiff's complaint makes no plausible allegations stating a cause of action. Rather, she simply attaches documents appearing to pertain to lost luggage with United Airlines, and demands damages in the amount of "71.9 BILLION DOLLARS" against numerous defendants including United Airlines, many banks, Pentagon Federal Credit Union, and the U.S. Department of Agriculture. R. 1 at 1-2. Plaintiff's complaint falls far short of providing sufficient facts about the complained-of conduct. The Court therefore dismisses that complaint without prejudice. Plaintiff may file an amended complaint that complies with Twombly and Iqbal on or before 8/29/18. If Plaintiff fails to file an amended complaint, this matter will be terminated. Additionally, because the Court has dismissed Plaintiff's complaint, her motion to proceed in forma pauperis #3 is denied as moot.Mailed notice (srn, ) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (eaa, ) |
| Filing 3 APPLICATION by Plaintiff Livia M. Scotto to Proceed in District Court Without Prepaying Fees or Costs. (eaa, ) |
| Filing 2 CIVIL Cover Sheet. (eaa, ) |
| Filing 1 RECEIVED Complaint and 6 copies by Livia M. Scotto. (Exhibits). (eaa, ) |
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