Finley v. Barnes & Noble
| Akiya Finley |
| Barnes & Noble |
| 1:2021cv01743 |
| March 31, 2021 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on April 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held by phone. For the reasons stated on the record, Defendant's motion to quash #15 is granted. Plaintiff reported to the Court that she has not yet retained counsel but is attempting to do so. The May 4, 2021 deadline for filing a joint status report is stricken. The telephone conference set for May 7, 2021, is also stricken and reset to June 7, 2021, at 9:30 a.m. Participants should use the Court's toll- free, call-in number 877-336-1829; passcode is 6963747. Mailed notice (ma,) |
| Filing 18 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's motion to quash summons #15 will be heard telephonically on 4/28/2021 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. At the motion hearing, the Court will also raise with Plaintiff serious questions about the adequacy of the complaint. These concerns should be familiar to Plaintiff, as they are similar to those raised by Judge Blakey in Finley v. Create a Space, Case No. 19-cv-6623 (N.D. Ill.). Under Federal Rule of Civil Procedure 8, as interpreted by the United States Supreme Court, a complaint need not include "detailed factual allegations," but it must include more than "an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2002)). "A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do," nor does a complaint that "tenders naked assertions devoice of further factual enhancement." Id. (quoting Twombly, 550 U.S. at 555, 557). To be plausible, "the plaintiff must give enough details about the subject-matter of the case to present a story that holds together." Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir. 2010). In addition, the absence of any allegations concerning the timing of the alleged misconduct prevents the Court from assessing the timeliness of any potential claim. See, e.g., Beasley v. John Wiley & Sons, Inc., 56 F. Supp. 3d 937, 945 (N.D. Ill. 2014) (copyright infringement action must be commenced within three years after the claim accrues); Fleischer v. Accesslex Inst., No. 17 CV 8295, 2019 WL 4014077, at *7 (N.D. Ill. Aug. 26, 2019)(statute of limitations for breach of contract in Illinois is ten years for a written contract and five years for an unwritten contract)(citing 735 ILCS 5/13-205, 735 ILCS 5/13-206). To the extent Plaintiff is attempting to assert a claim for violation of a constitutional right, her claim misses the mark because 42 U.S.C. 1983 generally applies only to state actors. See, e.g., Carter v. Homeward Residential, Inc., 794 F.3d 806, 807 (7th Cir. 2015) (to state a claim under Section 1983, a complaint must allege facts to support an inference that the defendants were state actors). Finally, to the extent that Plaintiff is attempting to allege fraud, the complaint lacks the who, what, where, when, and how required for any complaint to pass muster even at the initial stage of the case. See, e.g., Camasta v. Jos. A. Bank Clothiers, Inc., 761 F.3d 732, 737 (7th Cir. 2014) (allegations of fraud are held to the heightened pleading standard of Federal Rule of Civil Procedure 9(b), which requires the pleader to allege the who, what, where, when, and how of the fraud). Emailed notice (cdh, ) |
| On 4/27/2021, the courtroom deputy left a voice message for Plaintiff with the following information: "Defendant's motion to quash summons 15 will be heard telephonically on 4/28/2021 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. At the motion hearing, the Court will also raise with Plaintiff serious questions about the adequacy of the complaint. These concerns should be familiar to Plaintiff, as they are similar to those raised by Judge Blakey in Finley v. Create a Space, Case No. 19-cv-6623 (N.D. Ill.)." A copy of the minute order will be mailed out this morning. (cdh, ) |
| Filing 17 NOTICE of Motion by Dina Marie Hayes for presentment of motion to quash #15 before Honorable Robert M. Dow Jr. on 4/28/2021 at 09:15 AM. (Hayes, Dina) |
| Filing 16 MEMORANDUM by Barnes & Noble in support of motion to quash #15 (Hayes, Dina) |
| Filing 15 MOTION by Defendant Barnes & Noble to quash (Hayes, Dina) |
| Filing 14 ATTORNEY Appearance for Defendant Barnes & Noble by Dina Marie Hayes (Hayes, Dina) |
Filing 13
ORDER: Plaintiff's motion for attorney representation #4 is denied without prejudice because Plaintiff did not fully complete the motion for attorney representation form. Signed by the Honorable Robert M. Dow, Jr on April 13, 2021. Mailed notice (ph, )
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| Filing 12 MINUTE entry before the Honorable Robert M. Dow, Jr: Minute entry #11 is corrected as follows: Initial telephone conference is set for 5/7/2021 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial; (3) The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least THREE business days prior to the initial status and ALL further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. Joint status report due by 5/4/2021. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. * Correct Judge was entered.Emailed notice (cdh, ) |
| Filing 11 MINUTE entry before the Honorable Honorable Robert M. Dow, Jr: Initial telephone conference is set for 5/7/2021 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial; (3) The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least THREE business days prior to the initial status and ALL further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. Joint status report due by 5/4/2021. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, ) Modified on 4/9/2021 (cdh, ). |
| Filing 10 SUMMONS Returned Executed by Akiya Finley as to Barnes & Noble on 4/1/2021, answer due 4/22/2021. (ph, ) |
| Filing 9 SUMMONS Issued as to Defendant Barnes & Noble. (ph, ) |
| Filing 8 COMPLAINT filed by Akiya Finley. (ph, ) |
| Filing 4 MOTION by Plaintiff Akiya Finley for attorney representation. (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Akiya Finley. (ph, ) |
| Filing 2 CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and 2 copies by Akiya Finley. (ph, ) |
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| Plaintiff: Akiya Finley | |
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| Defendant: Barnes & Noble | |
| Represented By: | Dina Marie Hayes |
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