Jones v. Murff et al
| Angela Jones |
| Pauline Murff and United States of America |
| 1:2023cv04162 |
| June 28, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Other Statutory Actions |
| 28 U.S.C. ยง 1442 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 ENTERED JUDGMENT 7/31/2023. Mailed notice (cn). |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: On review of the government's motion #6 to dismiss based on the derivative-jurisdiction doctrine, and on review of the associated briefing, R. 9, 10, the motion is granted and the case is dismissed without prejudice. The Plaintiff is an U.S. Postal Service employee who filed a state court petition against Postal Service supervisor Pauline Murff, alleging that Murff had harassed the Plaintiff at the workplace. See R. 6, Exh. A, Petition. The government correctly argues that the state court did not have jurisdiction over the petition because sovereign immunity bars the action in state court. Edwards v. Department of Justice, 43 F.3d 312, 316 (7th Cir. 1994). Under the doctrine of derivative jurisdiction, this Court likewise is barred from exercising jurisdiction. Ricci v. Salzman, 976 F.3d 768, 771-72 (7th Cir. 2020). In her response, the Plaintiff first contends that the gist of the government's dismissal motion is that it is has addressed the workplace concerns. R. 9 at 2. But that is not at all the basis for the government's motion; instead, the government relies on the mandatory bar against exercising jurisdiction. Second, the Plaintiff argues that jurisdiction applies because her claims could arise under Title VII, the federal employment-discrimination statute. R. 9 at 4, 5. But the Seventh Circuit has held that when the derivative-jurisdiction doctrine is raised, then the proper outcome is dismissal without prejudice, and "a plaintiff cannot circumvent that bar merely by filing an amended complaint invoking federal jurisdiction." Ricci, 976 F.3d at 773. If the Plaintiff wishes to bring a Title VII action, then she must follow administrative-exhaustion requirements and then file an action in federal court (naming the correct defendant rather than an individual). The motion to dismiss is granted, and the case is dismissed without prejudice. A separate AO-450 judgment shall be entered. The status hearing of 08/01/2023 is vacated. Civil case terminated.. Mailed notice (cn). |
| MAILED Minute Order #11 , AO 450 Judgment #12 to Angela Jones, 7500 Roosevelt Road, Forest Park, IL, 60130 (cn). |
| Filing 10 REPLY by Respondents Pauline Murff, United States of America in Support of Motion to Dismiss (Ling, Ernest) |
| Filing 9 RESPONSE/OPPOSITION to motion to dismiss by Angela Jonesin. (Exhibits) (daj, ) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: On the government's motion to dismiss, the Plaintiff's response is due on 07/17/2023. The government's reply is due on 07/24/2023. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 08/01/2023 at 8:30 a.m. Mailed notice. (kp, ) |
| Filing 7 NOTICE of Motion by Ernest Yi Ling for presentment of motion to dismiss #6 before Honorable Edmond E. Chang on 7/10/2023 at 08:30 AM. (Ling, Ernest) |
| Filing 6 MOTION by Respondents United States of America, Pauline Murff to dismiss (Ling, Ernest) |
| Filing 5 MAILED Notice of Removal letter to counsel of record (exr, ) |
| MAILED CLERK'S NOTICE: Pursuant to Local Rule 73.1(b) to plaintiff (exr, ) |
| 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. (exr, ) |
| Filing 4 Entered in error. |
| Filing 3 DESIGNATION (Ling, Ernest) |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2023OP75116) Ex. A: state court petition; certificate of service (Ling, Ernest) |
| Filing 1 CIVIL Cover Sheet (Ling, Ernest) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (smb, ) Modified on 6/28/2023 (smb, ). |
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