Souvannasot et al v. Jabori
Niyom Souvannasot and Laurie Souvannasot |
Dr. Abeer Jabori |
1:2022cv04217 |
August 10, 2022 |
US District Court for the Northern District of Illinois |
Edmond E Chang |
Personal Inj. Med. Malpractice |
28 U.S.C. § 1402 Medical Malpractice |
None |
Docket Report
This docket was last retrieved on October 6, 2022. A more recent docket listing may be available from PACER.
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Filing 25 MINUTE entry before the Honorable Edmond E. Chang: The additional motion #23 to proceed in forma pauperis, which was docketed after the entry of judgment, R. 21, 22, is terminated as unnecessary because the prior motions were granted, see R. 21. The motion #24 to appoint an attorney, which also was docketed after entry of judgment, R. 21, 22, is denied because (1) the Plaintiff failed to contact any attorney, see R. 24, section 2; and (2) a college graduate should have been able to articulate the simple facts, within the Plaintiff's personal knowledge, that might have triggered subject matter jurisdiction. See R. 21. The case remains closed and the judgment remains intact. Mailed notice (mw, ) |
Filing 24 MOTION by Plaintiff Niyom Souvannasot for attorney representation (Envelope not postmarked) (exr, ) |
Filing 23 APPLICATION by Plaintiff Niyom Souvannasot for leave to proceed in forma pauperis (Exhibits) (Envelope not postmarked) (exr, ) |
Filing 22 ENTERED JUDGMENT Signed by the courtroom deputy on 09/22/2022. Emailed notice (mw, ) |
Filing 21 MINUTE entry before the Honorable Edmond E. Chang: Although the Plaintiffs' motions #16 , #17 , #20 to proceed in forma pauperis are granted in light of financial indigency, the case is dismissed without prejudice for lack of subject matter jurisdiction. As the Court explained in R. 13, there is no federal claim alleged in this case. The Plaintiffs were directed to explain the basis for subject matter jurisdiction, see R. 13, but the letters received since then, R. 14, 15, 18, and the additional Civil Cover Sheet, R. 19, do not explain any basis. Typically an amendment to the complaint would be allowed, but the Plaintiffs have already had a chance to explain the basis for jurisdiction and did not. Plus, there simply is no realistic way for this dispute with a dentist to be heard in federal court. The dismissal of this case for lack of jurisdiction would not prevent the Plaintiffs from filing a lawsuit in state court. The case is dismissed without prejudice for lack of subject matter jurisdiction. The tracking status hearings of 09/30/2022 and 10/07/2022 are vacated. A separate AO-450 judgment will be entered. Civil case terminated. Mailed notice (mw, ) |
Filing 20 APPLICATION by Plaintiff Niyom Souvannasot for leave to proceed in forma pauperis (Exhibits). (lxk, ) |
Filing 19 CIVIL Cover Sheet. (lxk, ) |
Filing 18 LETTER from Niyom Souvannasot dated 9/12/2022 (Envelope postmarked 9/13/2022). (jmk, ) |
Filing 17 APPLICATION by Plaintiff Niyom Souvannasot for leave to proceed in forma pauperis (Envelope postmarked 9/13/2022). (jmk, ) |
Filing 16 APPLICATION by Plaintiff Laurie Souvannasot for leave to proceed in forma pauperis (Envelope postmarked 9/13/2022). (jmk, ) |
Filing 15 LETTER from Niyom Souvnnasot dated 8/29/22. (pg, ) |
MAILED copy of order dated 09/01/2022 #13 and blank IFP application form to Plaintiffs Niyom Souvannasot and Laurie Souvannasot. (lxk, ) |
Filing 14 LETTER from Niyom Souvnnasot dated 8/29/2022. (Document has the incorrect Case Number) (jh, ) |
Filing 13 MINUTE entry before the Honorable Edmond E. Chang: On review of the docket sheets in this District as well as the S.D. of Illinois, and as mentioned in the transfer order, R. 5 at 1, it appears that the Plaintiffs have neither paid the filing fee of $402 nor alternatively moved to proceed in forma pauperis. The Clerk's Office shall mail a blank in forma pauperis application to the Plaintiffs with this order. On or before 09/19/2022, the Plaintiffs must either pay the filing fee or the in forma pauperis application. In addition, however, it does not appear that subject matter jurisdiction is properly alleged. No federal law claim is apparent from the allegations in the complaint, and jurisdiction based on diversity of citizenship does not seem to apply given the likely Illinois domiciles of both sides. So the Plaintiffs also must file, by 09/22/2022, a Jurisdictional Statement explaining why there is federal subject matter jurisdiction over this case. The Plaintiffs may file a voluntary dismissal without prejudice to pursuing the case in state court in lieu of the filing-fee submissions and Jurisdictional Statement. To track the case **only** (no appearance is required, the case will **not** be called), a tracking status hearing is set for 10/07/2022 at 8:30 a.m. Mailed notice (mw, ) |
Filing 12 STATEMENT by Niyom Souvannasot (Exhibits) (Envelope postmarked 08/26/2022). (lxk, ) |
Filing 11 STATEMENT by Niyom Souvannasot. (lxk, ) |
Filing 10 LETTER from Niyom Souvannasot dated 8/22/2022 (Envelope not postmarked). (lxk, ) |
Filing 9 LETTER from Niyom Souvannasot dated 8/18/2022 (Exhibits) (Envelope not postmarked). (lxk, ) |
Filing 8 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 09/30/2022 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 09/22/2022. Plaintiffs must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Mailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
Filing 7 Rule 83.15 Letter to all counsel of record. (aee, ) |
Filing 6 RECEIVED from Illinois Southern; Case Number 3:22-cv-01741 (aee). |
Filing 5 ORDER TRANSFERRING CASE TO OTHER DISTRICT: The Court FINDS venue is improper in this district and the interests of justice require this case be transferred to the proper venue in the Northern District of Illinois pursuant to 28 U.S.C. 1406, ORDERS that the petition (Doc. 1) is TRANSFERRED to the United States District Court for the Northern District of Illinois, Eastern Division and ORDERS the Clerk send a copy of this decision and order to the Plaintiffs. Signed by Judge J. Phil Gilbert on 8/5/2022. (jdh) [Transferred from Illinois Southern on 8/10/2022.] |
Filing 4 SUPPLEMENT by Niyom Souvannasot. Supplement to #1 Complaint. (Attachments: #1 Exhibit)(kdw) [Transferred from Illinois Southern on 8/10/2022.] |
Filing 3 NOTICE FROM CLERK Instructing Plaintiffs to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiffs on 8/1/2022. Consent due by 8/22/2022 (jlrr) [Transferred from Illinois Southern on 8/10/2022.] |
Filing 2 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 22-cv-1741-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jlrr) [Transferred from Illinois Southern on 8/10/2022.] |
Filing 1 COMPLAINT against Abeer Jabori filed by Niyom Souvannasot and Laurie Souvannasot.(jlrr) [Transferred from Illinois Southern on 8/10/2022.] |
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