Leber v. Buzbee-Stiles
| Lisa D. Leber |
| Melissa Buzbee-Stiles |
| 3:2019cv00412 |
| April 11, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Gilbert C Sison |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on November 20, 2019. A more recent docket listing may be available from PACER.
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Filing 23
ORDER granting #22 Motion for Extension of Time. Defendant Buzbee-Stiles shall have up to and including July 25, 2019, to answer or otherwise respond to Leber's petition. Signed by Judge J. Phil Gilbert on 7/25/2019. (tlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 22 MOTION for Extension of Time by Melissa Buzbee-Stiles. (Garrison, Suzanne) |
| Filing 21 NOTICE of Hearing: Telephonic Status Conference set for 7/18/2019 at 12:00 PM before Magistrate Judge Gilbert C. Sison. Instructions for the conference call are as follows: (1) call toll-free, 888-273-3658; (2) when prompted, enter the seven-digit Access Code: 5699758; (3) when prompted, enter the four-digit Security Code: 0412. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 20 Minute Entry for proceedings held before Magistrate Judge Gilbert C. Sison: Show Cause Hearing held on 6/27/2019. Pro Se Plaintiff, Lisa Leber, present. AUSA Suzanne Garrison present on behalf of Defendant. In light of Plaintiff's verbal response, the Court's show cause order is discharged. The Court allows Plaintiff time within which to retain an attorney to represent her in this matter. A status conference will be set by separate notice. (Court Reporter Liberty Recording.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 19
ORDER TO SHOW CAUSE: Plaintiff Lisa D. Leber failed to appear for the telephonic scheduling conference on June 11, 2019. The Court re-sets the scheduling conference for 1:00 p.m. on Thursday, June 27, 2019. Plaintiff shall appear in person and shall SHOW CAUSE for her failure to appear as directed. Plaintiff is warned that her failure to appear and to show cause for absence may result in dismissal of this action for want of prosecution. Signed by Magistrate Judge Gilbert C. Sison on 6/13/2019. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 Minute Entry for proceedings held before Magistrate Judge Gilbert C. Sison: Telephonic Scheduling Conference set for 6/11/2019. AUSA Suzanne Garrison present on behalf of Defendant. Pro Se Plaintiff, Lisa Leber, fails to appear. Order to issue. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 17
MEMORANDUM AND ORDER, The Court DENIES without prejudice Buzbee-Stiles's motion to dismiss (Doc. #6 ) and ORDERS that she shall have 30 days from the date of this order to answer or otherwise respond to Leber's petition. Signed by Judge J. Phil Gilbert on 6/5/2019. (jdh)
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Filing 16
ORDER denying #12 Motion for Recruitment of Counsel. By motion dated April 29, 2019, Plaintiff Lisa D. Leber again asks the Court to recruit counsel on her behalf. As previously noted, when presented with a request to recruit counsel, the Court makes the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or effectively been precluded from doing so, and (2) given the difficulty of the case, does the plaintiff appear competent to litigate it herself. The undersigned first notes that Leber is not proceeding in forma pauperis and has not filed a motion seeking to do so. As such, there is no clear finding that she is indigent. Nonetheless, Leber attaches some financial information with her motion for counsel along with information suggesting she has attempted unsuccessfully to recruit counsel on her behalf. Even if this were sufficient to satisfy the Court that she is indigent and has made a reasonable attempt to obtain counsel, which it is not, the undersigned will not recruit counsel at this time. The record reflects that Leber currently is competent to litigate this matter herself. She has a college education. The issues presented in this action are relatively straightforward and concern events about which Leber has first-hand knowledge. Her filings demonstrate that she is capable of describing clearly what happened and when, where, and who was involved in the various allegations. Her filings are coherent and focused on relevant issues. Based on the record, the Court finds that Leber can litigate on her own at this time, and her motion for recruitment of counsel is DENIED. Signed by Magistrate Judge Gilbert C. Sison on 6/4/19. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 REPLY to Response to Motion re #6 MOTION to Vacate No Stalking Order on an Emergent Basis, to Dismiss for Failure to State a Claim, and for Other Relief Reply to Response to Motion to Dismiss Doc. 14 filed by Melissa Buzbee-Stiles. (Attachments: #1 Declaration)(Garrison, Suzanne) |
| Filing 14 RESPONSE to Motion re #6 MOTION to Vacate No Stalking Order on an Emergent Basis, to Dismiss for Failure to State a Claim, and for Other Relief filed by Lisa D. Leber. (rah) |
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Filing 13
ORDER: Telephonic Scheduling Conference set for 6/11/2019 at 2:00 PM before Magistrate Judge Gilbert C. Sison. Instructions for the conference call are as follows: (1) call toll-free, 888-273-3658; (2) when prompted, enter the seven-digit Access Code: 5699758; (3) when prompted, enter the four-digit Security Code: 0412. Signed by Magistrate Judge Gilbert C. Sison on 5/9/2019. (dmw2)
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| Filing 12 MOTION for Recruitment of Counsel by Lisa D. Leber. (cds) |
| Filing 11 CJRA TRACK B assigned: Final Pretrial Conference is set for 5/6/2020 at 9:00 AM with a Bench Trial date of 5/18/2020 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert.(tag) |
| Filing 10 SUPPLEMENT to #8 Motion for Recruitment of Counsel by Lisa D. Leber. (rah) |
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Filing 9
ORDER denying #8 Motion for Recruitment of Counsel. Plaintiff Lisa D. Leber moves for recruited counsel. When presented with a request to appoint counsel, the Court must make the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or effectively been precluded from doing so, and (2) given the difficulty of the case, does the plaintiff appear competent to litigate it herself. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). As an initial matter, the Court notes that Leber has not met her threshold burden in attempting to recruit counsel on her own, nor does it appear from the record that she has established in this Court that she is indigent. Her motion indicates that she tried to obtain counsel online or by calling. That does not satisfy the undersigned that a reasonable attempt to recruit counsel on her own has been made. In order to demonstrate sufficiently her attempts to recruit counsel, Leber must submit copies of the attorneys' responses to her requests for representation, or, if no responses are received, copies of the letters or requests she sent them. Further, though the box indicating that a motion to proceed in forma pauperis is attached to Lebers motion, it is not, and the undersigned cannot determine whether Leber is able to afford counsel on her own. Given these deficiencies, the Court cannot find that Leber is indigent, has made a reasonable attempt to obtain counsel, or has been precluded from doing so. Even if she made a sufficient showing that she attempted to recruit counsel, the Court is not inclined to recruit counsel on her behalf at this time. Her pleadings to date, including the stalking no contact order she secured in state court without formal representation, demonstrate an ability to articulate clearly and effectively, and also reflect an understanding of the law. Leber may re-file her motion with additional information at a later date, if appropriate, but the motion for appointment of counsel (Doc. #8 ) is DENIED at this time.Signed by Magistrate Judge Gilbert C. Sison on 4/18/2019. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION for Recruitment of Counsel by Lisa D. Leber. (rah) |
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Filing 7
ORDER re #6 MOTION to Vacate No Stalking Order on an Emergent Basis, to Dismiss for Failure to State a Claim, and for Other Relief filed by Melissa Buzbee-Stiles. The Court GRANTS in part Buzbee-Stile's motion to the extent it seeks reconsideration of the Emergency OP [Doc. 6], VACATES the Emergency OP dated March 29, 2019, and issued by the Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois (Doc. 1-1 at 3-7) in Case No. 19OP249 before the case was removed to this Court, DECLARES that the Emergency OP was void ab initio, ORDERS Buzbee-Stiles and/or her counsel, the United States Attorney's Office for the Southern District of Illinois, to submit a copy of this Order to the St. Clair County Sheriff's Department and the Illinois State Police, ORDERS the St. Clair County Sheriff's Department and the Illinois State Police remove the Emergency OP and any related information from LEADS, and ORDERS the Leber shall have up to and including 5/17/2019, to respond to Buzbee-Stile's motion seeking dismissal of this action, and that Buzbee-Stiles shall have 14 days from service of any response to file a reply. Signed by Judge J. Phil Gilbert on 4/16/2019. (lmt)
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| Filing 6 MOTION to Vacate No Stalking Order on an Emergent Basis, to Dismiss for Failure to State a Claim, and for Other Relief by Melissa Buzbee-Stiles. (Garrison, Suzanne) |
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Filing 5
ORDER REGARDING SUPPLEMENT TO NOTICE OF REMOVAL AND ENTRY OF APPEARANCE: Pursuant to 28 U.S.C. Section 1446, this case was removed from state court to this U.S. District Court. Section 1446(a) delineates the procedure for removing a case from state court to federal court and requires, inter alia, that the removing defendant furnish a copy of all process, pleadings, and orders served upon such defendant. Because a jury may be demanded in a state court pleading that is not served upon the defendant(s) (e.g., an answer or a separately-filed jury demand), and this Courts civil cover sheet instructs attorneys to check the Jury Demand box only if a jury was requested in the complaint, the Court hereby DIRECTS the removing defendant(s) to file as a Supplement to Notice of Removal a copy of any state court answer or other pleading/paper which contains a jury demand OR a one-line statement that no jury was demanded by any party prior to removal. If a jury demand appears in the federal case record, no Supplement to Notice of Removal need be filed. In addition, attorneys are reminded that they must file a formal entry of appearance in this case. The removing defendant(s) shall comply with this directive within 14 days from the date of this Order. Supplement to Notice of Removal due by 4/26/2019. Signed by Judge J. Phil Gilbert on 4/12/2019. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 Notice of Judge Assignment. Judge J. Phil Gilbert and Magistrate Judge Gilbert C. Sison assigned. All future documents must bear case number 19-412-JPG-GCS. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (Attachments: #1 Consent Brochure)(lmb) |
| Filing 3 NOTICE by Melissa Buzbee-Stiles of Supplement to Notice of Removal (Garrison, Suzanne) |
| Filing 2 NOTICE of Appearance by Suzanne M. Garrison on behalf of Melissa Buzbee-Stiles (Garrison, Suzanne) |
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Filing 1
ORDER at Doc. #7 VACATES Emergency OP Dated March 29, 2019 at (Doc. 1-1 at 3-7, issued by the Circuit Court for the Twentieth Judicial Circuit) NOTICE OF REMOVAL from Twentieth Judicial Circuit Court, St. Clair County, Illinois, case number 19-OP-249, filed by Melissa Buzbee-Stiles. (Attachments: #1 Restraining Order, #2 Civil Cover Sheet)(Garrison, Suzanne) Modified on 4/16/2019 (lmt).
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| Defendant: Melissa Buzbee-Stiles | |
| Represented By: | Suzanne M. Garrison |
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| Plaintiff: Lisa D. Leber | |
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