Marsh v. City of Chicago et al
| Charlene M. Marsh |
| City of Chicago, Judith Fryland, Grant Ullrich, Beauet Matthew, Bryan Esenberg and Delta Demolition Inc |
| 1:2023cv06104 |
| August 25, 2023 |
| U.S. District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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Filing 29
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff has filed a document styled an "Amended Complaint" #25 . Federal Rule of Civil Procedure 15(a)(2) applies, under which Plaintiff "may amend [her] pleading only with the opposing party's written consent or the court's leave." However, "[t]he court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). Plaintiff neither indicates that Defendants provided written consent to her amended complaint nor sought the Court's leave, and so the document filed at docket number 25 is stricken. Plaintiff may file an amended complaint with Defendants' written consent, or she may seek the Court's leave to file an amended complaint. Any amended complaint must comport with Federal Rule of Civil Procedure 11(b), which provides that by signing a pleading, a party represents to the Court that his or her claims are warranted by existing law and that the factual contentions have evidentiary support or likely will have evidentiary support after further investigation. Fed. R. Civ. P. 11(b). Plaintiff is cautioned that an amended pleading supersedes prior versions of a complaint and must stand complete on its own. Therefore, all allegations must be set forth in the amended complaint without reference to previous filings. Any exhibits Plaintiff wants the Court to consider must be attached (although exhibits are not necessary). Plaintiff has also filed a Motion for Discovery #27 . The Court cautions Plaintiff that, pursuant to Judge Alonso's standing orders, all motions must be noticed for a date certain lest they be denied for want of prosecution. In any event, pursuant to Local Rule 37.2, parties must meet and confer in a good faith attempt to reach an accord regarding discovery before filing a motion for discovery. The Court directs the parties to meet and confer regarding Plaintiff's discovery request by 10/27/23. The Court also directs the parties to file a joint status report by 10/27/23 regarding their efforts to come to an accord regarding discovery. Next, Plaintiff has filed a Motion for Jury Trial #28 , in which she requests that a date for a jury trial be set by 12/8/23. Plaintiff's complaint includes a demand for a jury trial pursuant to Fed. R. Civ. P. 38. Currently pending before the Court is Defendants' motion to dismiss #20 , which is not yet fully briefed. Plaintiff's request to set a trial date #28 is therefore premature and denied without prejudice. Finally, Plaintiff has filed a Motion to Withdraw Former Attorney #26 , as well as a pro se appearance #17 . The Court sets a hearing on Plaintiff's Motion to Withdraw Former Attorney #26 , as well as Plaintiff's Motion for Discovery #27 , for 11/1/23 at 9:30 a.m. Mailed notice (air, )
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Filing 28
MOTION by Plaintiff Charlene M. Marsh for Jury Trial. (jh, )
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Filing 27
MOTION by Plaintiff Charlene M. Marsh for discovery. (jh, )
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Filing 26
MOTION by Plaintiff Charlene M. Marsh to withdraw former attorney from case. (jh, )
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Filing 25
AMENDED Complaint by Charlene M. Marsh. (jh, )
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Filing 24
RESPONSE by Plaintiff Charlene M. Marsh to Defendant's Motion. (Exhibits) (jh, )
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Filing 23
LETTER from Charlene Marsh dated 9/19/2023. (jh, )
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Filing 22
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's Response to City Defendants' Motion to dismiss #20 shall be filed by 10/17/23; Defendants' reply shall be filed by 10/31/23. Motion hearing date of 9/21/23 is stricken. The Court will rule electronically on the motion. Notice mailed by Judge's staff (lf, )
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Filing 21
NOTICE of Motion by Bradley Gordon Wilson for presentment of Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, #20 before Honorable Jorge L. Alonso on 9/21/2023 at 09:30 AM. (Wilson, Bradley)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Bryan Esenberg, Grant Ullrich, Judith Fryland, City of Chicago, Beauet Matthew , MOTION by Defendants Bryan Esenberg, Grant Ullrich, Judith Fryland, City of Chicago, Beauet Matthew to dismiss for lack of jurisdiction (Attachments: #1 Exhibit A - Service Package, #2 Exhibit B - Prior Dismissal Order and Complaint)(Wilson, Bradley)
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Filing 19
RECEIVED Amended Complaint by Charlene M. Marsh. (Exhibits) (jh, )
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Filing 18
LETTER from Charlene Marsh. (jh, )
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Filing 17
PRO SE Appearance by Plaintiff Charlene M. Marsh (jh, )
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Filing 16
Rule 83.15 Letter to all counsel of record. (aee, )
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Filing 15
RECEIVED from New York Eastern; Case Number 1:23-cv-01729 (aee).
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ORDER OF TRANSFER. Pursuant to the general venue provisions under 28 U.S.C. 1391(b), a district court typically has venue over an action if either (1) all of the defendants to the action live in the same state, and one of those defendants lives in the relevant district, or (2) a "substantial" portion of the acts or omissions giving rise to the action took place in that district. In this action, Defendants do not live in the Eastern District of New York. In addition, although Plaintiff seemingly alleges that she should have received notice about her Chicago property at her residence in the Eastern District of New York, the Court nonetheless concludes that a "substantial" portion of the allegations in Plaintiff's complaint, when considered together, did not take place in the Eastern District of New York. For that reason, this Court lacks venue under either 28 U.S.C. 1391(b)(1) or (2). However, Defendants do apparently reside in the Northern District of Illinois, and nearly all of the alleged acts giving rise to Plaintiff's claim took place in that district. During a conference held on July 19, 2023, both parties indicated that the Northern District of Illinois was the proper venue for this action, should the Court elect to transfer it.If a district court lacks venue over an action, it may nonetheless transfer the action to a district in which venue is proper. 28 U.S.C. 1406(a). The Court concludes in this case that transfer of this action under 28 U.S.C. 1406(a), rather than dismissal, serves the interests of justice. Although Defendants also argue that this Court lacks personal jurisdiction over Defendants to this action, a court may transfer venue without first deciding the question of personal jurisdiction. See Fort Knox Music Inc. v. Baptiste, 257 F.3d 108, 112 (2d Cir. 2001); Everlast World's Boxing Headquarters Corp. v. Ringside, Inc., 928 F. Supp. 2d 735, 741 (S.D.N.Y. 2013). This action is therefore TRANSFERRED to the Northern District of Illinois. Case transferred to District of Northern District of Illinois. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Nina R. Morrison on 7/20/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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MINUTE ENTRY. A pre-motion conference was held before Judge Morrison on July 19, 2023. E. Dubois Raynor appeared on behalf of Plaintiff. Bradley Wilson appeared on behalf of Defendants. Plaintiff conceded that the Northern District of Illinois is the proper venue for this action and consented to transfer. Although Defendants argued that dismissal is appropriate due to the lack of venue, the Court concluded that transfer, rather than dismissal, is in the interest of justice under 28 U.S.C. 1406(a). This action shall be therefore be transferred to the Northern District of Illinois in a separate entry. (Court Reporter Linda Danelczyk.) (BC) [Transferred from New York Eastern on 8/25/2023.]
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SCHEDULING ORDER. The pre-motion conference currently scheduled for June 30, 2023 is adjourned. A pre-motion conference shall instead take place on July 19, 2023 at 10:30 AM EST. The videoconference access link remains the same. Ordered by Judge Nina R. Morrison on 6/27/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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Filing 14
Letter MOTION to Adjourn Conference by City of Chicago, Bryan Esenberg, Judith Fryland, Beauet Matthew, Grant Ullrich. (Wilson, Bradley) [Transferred from New York Eastern on 8/25/2023.]
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SCHEDULING ORDER. In light of defense counsel's conflict #14 , the pre-motion conference currently scheduled for June 29, 2023 is adjourned. A pre-motion conference shall instead take place on June 30, 2023 at 11:30 AM. The videoconference access link remains the same. Ordered by Judge Nina R. Morrison on 6/20/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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SCHEDULING ORDER. A pre-motion conference shall take place before Judge Nina R. Morrison on June 29, 2023 at 1:00 PM by video. The parties will receive a videoconference access link by email. Ordered by Judge Nina R. Morrison on 6/16/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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Filing 13
MOTION for pre motion conference re #12 Letter MOTION for pre motion conference regarding proposed motion to dismiss for wrong venue and lack of jurisdiction Plaintiff's Letter Response to Defendants' Request for Premotion Conference, by Charlene M. Marsh. (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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Filing 12
Letter MOTION for pre motion conference regarding proposed motion to dismiss for wrong venue and lack of jurisdiction by City of Chicago, Bryan Esenberg, Judith Fryland, Beauet Matthew, Grant Ullrich. (Wilson, Bradley) [Transferred from New York Eastern on 8/25/2023.]
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Filing 11
NOTICE of Appearance by Bradley G Wilson on behalf of City of Chicago, Bryan Esenberg, Judith Fryland, Beauet Matthew, Grant Ullrich (aty to be noticed) (Wilson, Bradley) [Transferred from New York Eastern on 8/25/2023.]
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Filing 10
Letter Status Report and Application Pending Initial Determinations by Charlene M. Marsh (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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Filing 9
SUMMONS Returned Executed by Charlene M. Marsh. Beauet Matthew served on 6/5/2023, answer due 6/26/2023. (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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Filing 8
SUMMONS Returned Executed by Charlene M. Marsh. City of Chicago served on 5/19/2023, answer due 6/9/2023. (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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ORDER. To date, Plaintiff has filed proof of service for two of the six named defendants. The Court is also in receipt of Plaintiff's letter #10 requesting additional time to serve certain defendants. Plaintiff's motion is granted. See Fed. R. Civ. P. 4(m) ("If a defendant is not served within 90 days after the complaint is filed, the courton motion or on its own after notice to the plaintiffmust dismiss the action without prejudice against that defendant or order that service be made within a specified time."). On or before June 21, 2023, Plaintiff shall either file proof of service as to the remaining defendants or file a letter voluntarily dismissing those defendants from the action. Ordered by Judge Nina R. Morrison on 6/8/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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eORDER granting #2 Motion for Earl Dubois Raynor, Jr Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/14/2023. (MV) [Transferred from New York Eastern on 8/25/2023.]
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ORDER. The Court is in receipt of Plaintiff's #7 response to this Court's Order to Show Cause. The parties shall proceed as follows. Plaintiff shall serve Defendants. Within 10 days of all Defendants entering an appearance before this Court, the parties shall confer on the question of venue and file a joint letter addressing whether or not this action should be transferred to another forum. If the parties cannot reach agreement, the parties' letter shall so inform the Court, and the Court will then schedule a conference on the question of venue at a date to be determined. Ordered by Judge Nina R. Morrison on 4/4/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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Filing 7
Letter Motion Response by Charlene M. Marsh (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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ORDER granting #6 Motion for Extension of Time to File. Plaintiff shall respond to the Court's order to show cause on or before April 3, 2023. Ordered by Judge Nina R. Morrison on 3/21/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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Filing 6
First MOTION for Extension of Time to File Plaintiff's Showing of Cause by Charlene M. Marsh. (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) [Transferred from New York Eastern on 8/25/2023.]
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Filing 4
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) [Transferred from New York Eastern on 8/25/2023.]
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Filing 3
Summons Issued as to All Defendants. (SR) [Transferred from New York Eastern on 8/25/2023.]
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ORDER TO SHOW CAUSE. On or before March 23, 2023, Plaintiff shall show cause as to why this case should not be dismissed or transferred for lack of venue. All other deadlines remain the same. Ordered by Judge Nina R. Morrison on 3/9/2023. (BC) [Transferred from New York Eastern on 8/25/2023.]
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Case Assigned to Judge Nina R. Morrison and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Ramon E. Reyes, Jr. (SR) [Transferred from New York Eastern on 8/25/2023.]
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Filing 2
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16477325. by CHARLENE M. MARSH. (Attachments: #1 Affidavit Counsel's Affidavit In Support Of Pro Hac Application, #2 Exhibit District of Columbia Certificate of Good Standing, #3 Proposed Order Proposed Pro Hac Order) (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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Filing 1
COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16471596 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by CHARLENE M. MARSH. (Attachments: #1 Proposed Summons Summons for Issuance, #2 Civil Cover Sheet Case Civil Cover Sheet, #3 Letter Notice of Pending Application for Regular Admission) (Raynor, E.) [Transferred from New York Eastern on 8/25/2023.]
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