Coffey v. City of Freeport, et al
| Ann Coffey |
| Freeport, City of, HomeStart and MAS Roofing |
| 3:2021cv50336 |
| August 24, 2021 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Margaret J Schneider |
| Civil Rights: Other |
| 02 U.S.C. § 431 |
| Plaintiff |
Docket Report
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Filing 38
MINUTE entry before the Honorable Lisa A. Jensen: The status hearing previously set for 11/1/2021 is stricken and no appearances are required on that date. The Court will set any future status hearing by minute entry. The Clerk is directed to mail a copy of this order to Plaintiff. Mailed notice. (vk)
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Filing 37
STATUS Report Re: Pleadings by Freeport, City of (Attachments: #1 Notice of Filing)(Krumdick, Eric)
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MAILED copy of order dated 10/19/2021 to Ann Coffey. (vk)
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Filing 36
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff Ann Coffey filed an amended complaint on October 12, 2021, as instructed by this Court. Her amended complaint, however, amounts to numerous pages of exhibits, some of which are unreadable. Dkt. 35. But she did not include her actual complaint. Federal Rule of Civil Procedure 8(a) requires that she present a short and plain statement alleging the grounds for federal jurisdiction, the claims she brings against the defendants, and a demand for her relief sought. That statement, though, must present allegations raising the plausible inference that the defendants are liable. Ashcroft v. Iqbal, 566 U.S. 622, 678 (2009). Though Coffey included the pro se complaint form in her original filing, she included no statement with allegations in her amended complaint. Because amended complaints supersede prior complaints, the amended complaint must stand complete on its own. Flannery v. Recording Indust. Ass'n of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). Thus, the Court strikes Coffey's amended complaint #35 and orders her to refile an amended complaint by October 29, 2021, that can stand on its own. She must include allegations that satisfy the federal pleading standards. Ms. Coffey should review the portion of the Court's homepage entitled "Representing Yourself" for helpful information. If Ms. Coffey is unable to properly plead claims against Defendants as well as the venue and jurisdiction of this Court, the case will be dismissed. Mailed notice (yxp, )
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Filing 35
Plaintiff's AMENDED complaint by Freeport, City of against All Defendants (Krumdick, Eric)
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Filing 34
Plaintiff's AMENDED complaint by Freeport, City of against All Defendants (Krumdick, Eric)(refile, unable to open) Modified on 10/11/2021 (pg, ).
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Filing 33
MINUTE entry before the Honorable Lisa A. Jensen: A telephonic status hearing and motion hearing on Defendant City of Freeport's motion to dismiss #31 held on 9/22/2021. Plaintiff's oral motion for extension of time to file the amended complaint is unopposed and granted. Plaintiff shall file the amended complaint by 10/12/2021. As such, defendant City of Freeport's motion to dismiss #31 is stricken without prejudice and with leave to refile at a later date. A telephonic status conference is set for 11/1/2021 at 10:00AM. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746. Plaintiff Ann Coffey and counsel for Defendants are directed to appear. Counsel of record will receive an email the day prior to the start of the telephonic hearing with instructions to join the call. Plaintiff is to appear and participate in the telephonic hearing by using the call-in number above. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. The Clerk is directed to mail a copy of this order to Plaintiff. Mailed notice. (vk)
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ORAL MOTION by Plaintiff Ann Coffey for an extension of time to file the amended complaint. (vk)
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Filing 32
MINUTE entry before the Honorable Lisa A. Jensen: A telephonic status hearing and motion hearing on Defendant City of Freeport's motion to dismiss #31 is set for 9/22/2021 at 1:30 PM. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746. Plaintiff Ann Coffey and counsel for Defendants are directed to appear. Counsel of record will receive an email the day prior to the start of the telephonic hearing with instructions to join the call. Plaintiff is to appear and participate in the telephonic hearing by using the call-in number above. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice. (vk)
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MAILED copy of order dated 9/17/2021 to Ann Coffey. (vk)
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Filing 31
MOTION by Defendant Freeport, City of to dismiss MOTION TO DISMISS PURSUANT TO RULE 12(b)(6): STATUTE OF LIMITATIONS (Krumdick, Eric)
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Filing 30
ATTORNEY Appearance for Defendant Freeport, City of by Eric A. Krumdick (Krumdick, Eric)
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Filing 29
EXECUTIVE COMMITTEE ORDER: IT IS HEREBY ORDERED that the above captioned case be reassigned by lot to the calendar of an individual judge of this Court in accordance with the Rules. Case reassigned to the Honorable Lisa A. Jensen for all further proceedings. Honorable Margaret J. Schneider no longer assigned to the case. Signed by Executive Committee on 9/2/2021. (jp, )
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Filing 28
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff Ann Coffey brings this action alleging constitutional violations by the City of Freeport, Illinois; HomeStart; and MAS Roofing. Dkt. 1. Because she proceeds in forma pauperis, dkt. 5, this Court has an ongoing obligation to screen and dismiss her complaint if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief, 28 U.S.C. 1915(e)(2)(B). Here, although some of Coffey's claims are sufficient, others must be dismissed. For example, she alleges that police officers entered and searched her home without a warrant. That is enough to state a violation of the Fourth Amendment. She also alleges, however, that local police failed to keep her family safe from violence in her neighborhood and that she has Post Traumatic Stress Disorder from hearing gun shots. Dkt. 1, at 45. But the Supreme Court has made clear that "a State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." Deshaney v. Winnebago Cnty. Dep't of Soc. Servs., 489 U.S. 189, 197 (1989). "Its purpose was to protect the people from the State, not to ensure that the State protected them from each other." Id. at 196. Thus, although Coffey's suit may continue, any claims that local police failed to protect her from harm done by private actors is dismissed pursuant to this Court obligations under 28 U.S.C. 1915(e)(2)(B). Furthermore, Coffey's allegations do not state a claim against HomeStart; nothing in her complaint explains how it was involved in any harm done to her. That company's only role appears to be that it gave Coffey a grant to install a new roof. Dkt. 1-3, at 5. The Court dismisses HomeStart from this suit without prejudice. Coffey has until October 1, 2021, to amend her complaint to sufficiently state a claim against HomeStart and to remove the improper failure to protect allegations. If she declines the opportunity to amend, HomeStart's dismissal will be with prejudice. (yxp, )
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Filing 27
INTRA district transfer from the Eastern Division 21cv4504. (jp, )
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Filing 26
DIVISIONAL TRANSFER Notice. Case transferred to Western Division - Rockford. Pursuant to transfer order: #25 . (daj, )
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Filing 25
MINUTE entry before the Honorable Edmond E. Chang: On review of the transfer order, R. 21, as well as the complaint, R. 1, this case arises from Freeport, Illinois, which is in Stephenson County, part of the Western Division of this District. The transfer order notes this as well, R. 21 at 2. Accordingly, the case recommends that the Executive Committee transfer this case to the Western Division. Mailed notice (mw, )
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Filing 24
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Marvin E. Aspen no longer assigned to the case pursuant to the provisions of 28 USC 294(b). Signed by Executive Committee on 8/25/2021. (lma, ) (Docket Text Modified by Clerk's Office on 8/26/2021) (pj, ).
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Filing 23
MAILED Rule 83.15 Letter to all Counsel of record (bg, )
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Filing 22
RECEIVED from Michigan Western; Case Number 2:21-cv-00102 (bg)
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Filing 21
ORDER TRANSFERRING CASE to the Northern District of Illinois; signed by Magistrate Judge Maarten Vermaat (Magistrate Judge Maarten Vermaat, rbk) [Transferred from Michigan Western on 8/24/2021.]
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Filing 20
CERTIFICATE OF SERVICE by defendant HomeStart re Certificate of Compliance Regarding Word Count #18 , Corporate Disclosure Statement #19 , Memorandum in Support of a Motion #17 , MOTION to dismiss for lack of jurisdiction and Improper Venue, or Alternatively, to Transfer this Action #15 , Certificate Regarding Motion Concurrence #16 (Kraatz, Carina) [Transferred from Michigan Western on 8/24/2021.]
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Filing 19
CORPORATE DISCLOSURE STATEMENT by HomeStart (Kraatz, Carina) [Transferred from Michigan Western on 8/24/2021.]
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Filing 18
CERTIFICATE of compliance re word count for Memorandum in Support of a Motion #17 filed by HomeStart (Kraatz, Carina) [Transferred from Michigan Western on 8/24/2021.]
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Filing 17
MEMORANDUM in support of Motion to Dismiss/Lack of Jurisdiction #15 filed by HomeStart (Attachments: #1 Exhibit 1) (Kraatz, Carina) [Transferred from Michigan Western on 8/24/2021.]
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Filing 16
CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for lack of jurisdiction and Improper Venue, or Alternatively, to Transfer this Action #15 filed by HomeStart (Kraatz, Carina) [Transferred from Michigan Western on 8/24/2021.]
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Filing 15
MOTION to dismiss for lack of jurisdiction and Improper Venue, or Alternatively, to Transfer this Action by defendant HomeStart; (Kraatz, Carina) [Transferred from Michigan Western on 8/24/2021.]
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Copy of Order on Motion for Extension of Time #14 sent via U.S. Mail to Ann Coffey (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Filing 14
ORDER granting #12 motion for extension of time to response to the complaint #1 ; signed by Magistrate Judge Maarten Vermaat (cam) [Transferred from Michigan Western on 8/24/2021.]
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Filing 13
SUMMONS returned executed by US Marshal by mail with acknowledgment of receipt of summons and complaint by MAS Roofing served on 6/30/2021, answer due 7/21/2021 (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Filing 12
CORRECTED MOTION for extension of time to Respond to Plaintiff's Complaint including Certificate of Compliance and Certificate of Service by defendant HomeStart; (Kraatz, Carina) Modified text on 7/1/2021; this entry replaces #10 (mlc). [Transferred from Michigan Western on 8/24/2021.]
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Filing 11
NOTICE to attorney Carina Marie Kraatz regarding recent filing #10 (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Filing 10
(DISREGARD - see entry #12 ) MOTION for extension of time to Respond to Plaintiff's Complaint including Certificate of Compliance and Certificate of Service by defendant HomeStart; (Kraatz, Carina) Modified text on 7/2/2021 (cam). . [Transferred from Michigan Western on 8/24/2021.]
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(NON-DOCUMENT) ATTORNEY APPEARANCE of James Joseph Sipchen on behalf of defendant HomeStart (additional appearance) (Sipchen, James) [Transferred from Michigan Western on 8/24/2021.]
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Carina Marie Kraatz on behalf of defendant HomeStart (Kraatz, Carina) [Transferred from Michigan Western on 8/24/2021.]
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Filing 9
CERTIFICATE OF SERVICE by defendant Freeport, City of re MOTION to dismiss for lack of jurisdiction and improper venue #8 (Hart, Mary Ann) [Transferred from Michigan Western on 8/24/2021.]
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Filing 8
MOTION to dismiss for lack of jurisdiction and improper venue with brief in support by defendant Freeport, City of ; (Hart, Mary Ann) Modified text on 6/24/2021 (mlc). [Transferred from Michigan Western on 8/24/2021.]
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SUMMONS REISSUED as to MAS Roofing and delivered to US Marshal for service (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Filing 7
SUMMONS returned executed by US Marshal by mail with acknowledgment of receipt of summons and complaint by Freeport, City of served on 6/9/2021, answer due 6/30/2021 (ems) [Transferred from Michigan Western on 8/24/2021.]
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Filing 6
SUMMONS returned executed by US Marshal by mail with acknowledgment of receipt of summons and complaint by HomeStart served on 6/11/2021, answer due 7/2/2021 (mlc) [Transferred from Michigan Western on 8/24/2021.]
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SUMMONS ISSUED as to Freeport, City of, HomeStart, MAS Roofing and delivered to US Marshal for service (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Copy of Order to Proceed In Forma Pauperis #5 , Order Referring Case to Magistrate Judge #4 sent via U.S. Mail to Ann Coffey (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Filing 5
ORDER granting plaintiff leave to proceed in forma pauperis ; signed by Magistrate Judge Maarten Vermaat (cam) [Transferred from Michigan Western on 8/24/2021.]
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Maarten Vermaat; signed by District Judge Hala Y. Jarbou (haw) [Transferred from Michigan Western on 8/24/2021.]
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Filing 3
NOTICE of receipt of case (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Copy of Receipt of Case Notice #3 sent via U.S. Mail to Ann Coffey (jmw) [Transferred from Michigan Western on 8/24/2021.]
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Filing 2
APPLICATION TO PROCEED without prepayment of fees and affidavit (mlc) [Transferred from Michigan Western on 8/24/2021.]
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Filing 1
COMPLAINT with jury demand against All Defendants filed by Ann Coffey (Attachments: #1 Miscellaneous Attachments, #2 Miscellaeous Attachments (Continued), #3 Miscellaneous Attachments (Continued), #4 Miscellaneous Attachments (Continued), #5 Miscellaneous Attachments (Continued), #6 Miscellaneous Attachments (Continued)) (mlc) [Transferred from Michigan Western on 8/24/2021.]
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