French v. Handley et al
| James W. French |
| Terry W. Handley, Thomas Olsen, Alisha Lizer, Jeremy Knox, Arlene Jaeger and Doug Banks |
| 3:2022cv50437 |
| December 20, 2022 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Prop. Damage Prod. Liability |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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| Filing 10 ENTERED JUDGMENT, Civil case terminated. (yxp, ) |
| Filing 9 MINUTE entry before the Honorable Iain D. Johnston: On 1/3/2023 the Court issued a rule to show cause why this case should not be dismissed for lack of federal jurisdiction. In response, the plaintiff asserts diversity jurisdiction under 28 U.S.C. 1332 based on the fact that Casey's General Store is headquartered in Iowa, and that he is alleging damages in excess of $75,000. Setting aside that Casey's General Store is not a named defendant, jurisdiction under 1332 requires complete diversity. See Page v. Democratic Nat'l Comm., 2 F.4th 630, 636 (7th Cir. 2021). There is not complete diversity as Mr. French has sued Illinois citizens, too. Additionally, as the Court mentioned in its 1/3/2023 order, generally a state has a final say on the meaning of local and state ordinances and statutes, see City of Chicago v. Fieldcrest Dairies, Inc., 316 U.S. 168, 171-72 (1942), and so issues involving the process to lift the village of Dakota's dry designation are for state court. The Court discerns no federal claim to support jurisdiction and no other basis for diversity jurisdiction, so this case is dismissed for lack of a plausible basis of federal jurisdiction. The dismissal is without prejudice to Mr. French refiling the case in state court. Civil case terminated. (yxp, ) |
| Filing 8 RESPONSE by Plaintiff James W. French (yxp, ) |
| Filing 7 MINUTE entry before the Honorable Iain D. Johnston: Before the Court is the plaintiff's complaint alleging that members of the Dakota Village Board voted to lift the restrictions on the sale of liquor that had been in place since the results of a 1939 referendum, in which the citizens of Dakota voted the village dry. The plaintiff contends that only a new referendum can lift the village's dry designation. He also sues the two recipients of the village's new liquor licenses. Federal courts are courts of limited jurisdiction, and have a continuing obligation to ensure the federal jurisdiction exists. See Northeastern Rural Elec. Membership Cor. v. Wabash Valley Power Ass'n, Inc., 707 F.3d 883, 890 (7th Cir. 2013). The plaintiff has alleged no basis of federal jurisdiction, or that the defendants' conduct violated any provision of the U.S. Constitution. Rather, he appears to allege that the village board members violated a local or statement requirement for amending ordinances that were enacted by referendum. Generally a state has a final say on the meaning of local and states ordinances and statutes. See City of Chicago v. Fieldcrest Dairies, Inc., 316 U.S. 168, 171-72 (1942). The Court issues a rule to show cause why this case should not be dismissed without prejudice to being refiled in state court because it alleges only issues of local and possibly state law. Mr. French shall respond to the rule to show cause by 1/24/2023. Failure to respond may result in dismissal of this case for failure to prosecute under Federal Rule of Civil Procedure 41(b). Mailed notice (yxp, ) |
| Filing 6 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 5 MINUTE entry before the Honorable Margaret J. Schneider: Plaintiff's motion for attorney representation #3 , is denied without prejudice. Plaintiff has failed to provide the Court with an Application for Leave to Proceed In Forma Pauperis detailing his financial status, as required in number 4 of the motion for attorney representation. If Plaintiff wishes the Court to consider his motion, he is directed to refile his motion for attorney representation along with an IFP application setting forth his financial status. Plaintiff has until 01/13/23 to file the renewed motion and IFP application. The Clerk is directed to send Plaintiff a copy of this order along with an Application to Proceed without Prepaying Fees or Costs / Financial Affidavit (Non-Prisoner Case) form (rev. 2/2020). Further, Plaintiff is advised that resources are available for pro se litigants at www.ilnd.uscourts.gov including information about the U.S. District Court Hibbler Memorial Pro Se Assistance Program. A pro se litigant may schedule an appointment with this pro se assistance program by contacting the Hibbler Help Desk at hibbler@legalaidchicago.org. Mailed notice. (jxk) |
| MAILED Copy of Order dated 12/28/2022 to Plaintiff, along with an Application to Proceed without Prepaying Fees or Costs / Financial Affidavit (Non-Prisoner Case) form (rev. 2/2020). (jxk) |
| Filing 4 PRO SE Appearance by Plaintiff James W. French. (jp, ) |
| Filing 3 MOTION by Plaintiff James W. French for attorney representation. (jp, ) |
| Filing 2 CIVIL Cover Sheet. (jp, ) |
| Filing 1 COMPLAINT filed by James W. French; Jury Demand. (jp, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (jp, ) |
| 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. (jp, ) |
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