Rojas v. Owner of website dustfreetoday.com
| Jorge Alejandro Rojas |
| Owner of website dustfreetoday.com, Barry Martin, Issac J Hunt, Nadia Martinez, OWNER OF HVACLEADSPRO.COM, OWNER OF CLEANINGLEADSPRO.COM, OWNER OF ALLCITYDUCTCLEANING.COM and OWNER OF SOLARLEADSHUB.COM |
| 1:2022cv02577 |
| May 16, 2022 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Joan B Gottschall |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Both |
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| Filing 23 MINUTE entry before the Honorable Joan B. Gottschall: On January 9, 2023, the court received an unsolicited email message from plaintiff to which he attached correspondence between him and subpoena respondent NameSilo, LLC ("NameSilo"). None of this material should have been emailed to the court. The Chambers_Gottschall@ilnd.uscourts.gov email address is intended solely for communications unrelated to the merits of a case, such as email regarding scheduling a hearing. Because they relate to the merits, the court directs the Clerk to docket plaintiff's message and the attached email correspondence. Plaintiff and NameSilo seem to have ideas about judicial involvement in subpoenas that have no basis in the federal rules. A subpoena and other discovery communications between the parties may not be filed until the time for judicial involvement has arrived. See Fed. R. Civ. P. 5(d)(1), 45(b)(4). The time for judicial involvement is when and if the involved parties have a justiciable dispute, a subpoena has been properly served in accordance with Fed. R. Civ. P. 45(b), the responding party has propounded written objections in accordance with Fed. R. Civ. P. 45(d)(2)(B), and a motion under Fed. R. Civ. P. 45(d) to enforce or quash the subpoena has been filed. Additionally, Local Rule 37.2 requires the parties to a dispute in this court concerning discovery of information (such as disputes about subpoenas) to first meet and confer and attempt to resolve the dispute themselves and to file a statement "(1) that after consultation in person or by telephone and good faith attempts to resolve differences they are unable to reach an accord, or (2) counsel's attempts to engage in such consultation were unsuccessful due to no fault of counsel's." It is not clear from the email correspondence plaintiff has filed that there is a justiciable dispute or that the parties have met and conferred in accordance with Local Rule 37.2. On a related matter, subpoenas are properly issued by the Clerk of Court (as apparently happened here) without judicial involvement. Neither the court nor the Clerk can serve the subpoena by email or any other means; plaintiff must arrange for service. See Fed. R. Civ. P. 45(b). Plaintiff is advised that the court operates a help desk, staffed by volunteer attorneys, for litigants who represent themselves. Due to the COVID-19 pandemic, help desk appointments are being conducted by telephone. An appointment may be made in person on the 20th floor of the Dirksen Federal Building at 219 South Dearborn Street, Chicago, Illinois 60604, or online by visiting the court's official website at https://www.ilnd.uscourts.gov and clicking on the link titled "Information for People without Lawyers" in the "Resources & Information" section. Mailed notice (vcf, ) |
| Filing 24 EMAIL correspondence by Jorge Alejandro Rojas (Attachments: #1 Exhibit (Gmail-Civil Subpoena), #2 Exhibit (Subpoena as to NameSilo, LLC), #3 Exhibit (Subpoena as to PrivacyGuardian.org), #4 Exhibit (Minute Order #20 dated 12-27-22), #5 Exhibit (Order #21 dated 12-27-22)) (ph, ) |
| Filing 22 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
Filing 21
ORDER Signed by the Honorable Joan B. Gottschall on 12/27/2022. Mailed notice(mjc, )
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| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's ex parte application #19 filed 12/27/2022 for issuance of subpoenas to determine defendants' identities is granted subject to the conditions set forth in the accompanying order. Enter order. Plaintiff must serve a copy of the order upon each subpoena recipient. The court bases its ruling on plaintiff's representations that the telephone and internet service providers to whom the subpoenas are directed will provide their customers with notice and an opportunity to move to quash each subpoena before disclosing customer information to plaintiff. In addition to the named telephone and internet service providers, Plaintiff is ordered to email copies of the subpoenas to the addresses at which he has been attempting to contact defendants. See Motion at 4, ECF No. 19. Because the deadline to serve the summons and complaint has been extended #18 to 3/10/2023, the parties' deadline to file a joint initial status report is extended to and including 3/24/2023.Mailed notice (mjc, ) |
| Filing 19 MOTION by Plaintiff Jorge Alejandro Rojas for discovery subpoenas to identify Defendants (Rojas, Jorge) |
| Filing 18 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #17 for an extension to and including 3/10/2023 of his deadline to serve all defendants is granted. The court does not have enough information to determine whether, as plaintiff asserts, any defendant is evading service. In its discretion and after considering the factors set forth in Jones v. Ramos, 12 F.4th 745, 74950 (7th Cir. 2021); see also Panaras v. Liquid Carbonic Indus. Corp., 94 F.3d 338, 341 (7th Cir. 1996), the court extends plaintiff's deadline to serve the summons and amended complaint because plaintiff represents himself, and he has been diligently attempting to identify the proper defendants and serve them with the summons and amended complaint. Specifically, plaintiff sought and obtained leave to serve third-party discovery requests to identify the owner of dustfreetoday.com, a website associated with the telemarketing calls at issue in this case. Plaintiff represents that he sent written communications to the website's owners on "multiple occasions," but plaintiff received no response. Mailed notice (mjc, ) |
| Filing 17 MOTION by Plaintiff Jorge Alejandro Rojas for extension of time to serve (Rojas, Jorge) |
| Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has exercised his right to amend his complaint #15 as a matter of course. See Fed. R. Civ. P. 15(a)(1)(A). Plaintiff is advised that, although he has filed an amended complaint, the deadline #14 of 12/12/2022 to serve the summons and complaint has passed. Plaintiff has until and including 12/20/2022 to file a motion showing good cause under Fed. R. Civ. P. 4(m) for a further extension of the deadline to serve the summons and complaint. Mailed notice (mjc, ) |
| Filing 15 AMENDED complaint by Jorge Alejandro Rojas against Barry Martin, Issac J Hunt, Nadia Martinez, OWNER OF HVACLEADSPRO.COM, OWNER OF CLEANINGLEADSPRO.COM, OWNER OF ALLCITYDUCTCLEANING.COM, OWNER OF SOLARLEADSHUB.COM and terminating Owner of website dustfreetoday.com (Rojas, Jorge) |
| Filing 14 MINUTE entry before the Honorable Joan B. Gottschall: For good cause shown, plaintiff's motion #13 for an extension to and including 12/12/2022 of his deadline to serve the summons and complaint is granted. See Fed. R. Civ. P. 4(m). Plaintiff's ex parte motion #4 for leave to issue subpoenas to non-parties NameSilo, LLC, and Namecheap, Inc., seeking documents needed to identify the John Doe defendant or defendants responsible for dustfreetoday.com is granted. If plaintiff wishes the court to issue a separate order authorizing issuance of these subpoenas, he must send a copy of his proposed order in Word and PDF formats to Proposed_Order_Gottschall@ilnd.uscourts.gov. An initial status report is due on or before 1/6/2023. In conformity with General Order 21-0027 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing and for requirements for status reports and discovery plans during the COVID-19 pandemic. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Mailed notice (mjc, ) |
| Filing 13 MOTION by Plaintiff Jorge Alejandro Rojas for extension of time to serve (Attachments: #1 Text of Proposed Order)(Rojas, Jorge) |
| Filing 12 EXECUTIVE COMMITTEE ORDER: The Honorable Robert M. Dow Jr. has been appointed Counselor to the Chief Justice of the United States. As he takes on these responsibilities, the court will at this time reassign a portion of his civil and criminal cases. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Joan B. Gottschall for all further proceedings. Honorable Robert M. Dow, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/11/22. (nsf, ) |
| Filing 11 Notice Regarding Pending Motion by Jorge Alejandro Rojas (Rojas, Jorge) |
| Filing 10 MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for an order extending the time to effectuate service on Defendant #9 is granted for good cause shown under FRCP 4(m) to and including 10/13/2022. Emailed notice (cdh, ) |
| Filing 9 MOTION by Plaintiff Jorge Alejandro Rojas for extension of time to serve Defendant to October 13, 2022. (Rojas, Jorge) |
| Filing 8 COMPLAINT filed by Jorge Alejandro Rojas. (lxk, ) |
| Filing 6 Notice Regarding Document Deficiency Notice by Jorge Alejandro Rojas (Attachments: #1 Exhibit 1)(Rojas, Jorge) |
| Filing 5 DOCUMENT Deficiency Notice. No payment and no ifp. (cdh, ) |
| Filing 4 MOTION by Plaintiff Jorge Alejandro Rojas for discovery authorizing subpoenas to NameSilo, LLC and NameCheap, concerning identity of Defendant (Attachments: #1 Exhibit 1, 2)(Rojas, Jorge) |
| Filing 3 PRO SE Appearance by Plaintiff Jorge Alejandro Rojas. (lxk, ) |
| Filing 2 CIVIL Cover Sheet. (lxk, ) |
| Filing 1 RECEIVED Complaint and no copies by Jorge Alejandro Rojas. (lxk, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lxk, ) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (lxk, ) |
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