Sellers v. Dyer Police Department et al
| Antoinette C Sellers |
| Dyer Police Department, Briarwood Homes, Ann Marie Hudson and Lake County Police Department |
| 2:2024cv00082 |
| March 5, 2024 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| James T Moody |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| None |
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| Filing 26 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-03662. Original file certified copy of transfer order and docket sheet received. |
| Copy of docket sheet mailed to pro se plaintiff at address listed on docket. (shk) |
| Filing 25 TRANSFERRED the case record to the Northern District of Indiana, Hammond Division the electronic record. (jb, ) (jb, ). [Transferred from Illinois Northern on 3/5/2024.] |
Filing 24
ORDER: On September 7, 2023, the Court issued an Order dismissing Plaintiff Antoinette Sellers's Amended Complaint. (Dkt. 10.) In addition to finding that Sellers had failed to include sufficient allegations stating any legal claim for relief, the Court noted its concern that the U.S. District Court for the Northern District of Illinois may not be the proper venue for this case to proceed at all, because Sellers's pleadings appeared to reference an incident that occurred entirely in Indiana, and all the parties Sellers named as Defendants appeared to be based in Indiana. The Court granted Sellers leave to file an additional amended complaint, and specifically cautioned her that she must include allegations demonstrating why her claims should be litigated in federal court in Illinois, given that all the events related to the incident alleged in the pleadings appear to have taken place in Indiana and involved only Indiana parties. Sellers filed a further amended complaint (technically her second amended complaint) on October 13, 2023. (Dkt. 17.) Upon review of the amended pleading, the Court finds that Sellers has failed to demonstrate that venue in the Northern District of Illinois is proper. In short, Sellers's allegations reference an incident that occurred entirely in Dyer, Lake County, Indiana, involving parties that all appear to reside in Indiana. There is thus no basis for venue in the Northern District of Illinois. Rather, venue lies in the Northern District of Indiana, Hammond Division, which includes Lake County. When venue is improper, the Court must either dismiss a case or transfer it to a District Court where it could have been brought, if transfer is in the interest of justice. 28 U.S.C 1406(a). Here, the Court finds transfer appropriate given Sellers's pro se and in forma pauperis status. The Court notes that Sellers's amended complaint continues to suffer from several deficiencies apart from the lack of venue, including the naming of non-suable entities, and a potential statute of limitations issue that was not apparent from the initial pleadings. But given that this Court is not a proper venue for this dispute, the Court does not find it appropriate to resolve the statute of limitations issue or determine whether Sellers has stated any claim for relief. These are issues the Northern District of Indiana Court can resolve after transfer. The Clerk of Court is therefore directed to transfer this matter forthwith to the U.S District Court for the Northern District of Indiana, Hammond Division. Signed by the Honorable Nancy L. Maldonado on 2/27/2024: Mailed notice. (jb, ) [Transferred from Illinois Northern on 3/5/2024.]
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| Filing 23 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 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 22 RELIEF by Antoinette C Sellers. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 21 MOTION by Plaintiff Antoinette C Sellers to add discrimination to the case. (Exhibits) (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 20 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of a "motion" filed by Plaintiff in which she raises claims of "mortgage fraud," and generally asks for relief and judgment in both the instant case, as well as in another case, no. 23-cv-03661, which is also pending in this District. #19 . Plaintiff has also filed a motion to notify the Court of her amended complaint. #18 . First, the Court notes that Plaintiff's case no. 23-cv-03661 before Judge Rowland has been dismissed, and the docket in that case reflects that Plaintiff has appealed the dismissal to the Seventh Circuit. It is improper for Plaintiff to request any relief before this Court related to that separate case that is pending appeal. As to Plaintiff's request for relief in this case: the Court has received and is reviewing Plaintiff's amended complaint. #17 . The Court will issue a screening order on the amended complaint in due course, but in the meantime, it is improper for Plaintiff to request any relief against Defendants until the Court completes its screening. Plaintiff's "motion" requesting relief at docket entry #19 is denied. Plaintiff's "motion" at docket #18 to notify the Court of the amended complaint is stricken as moot, as the Court is aware of the amended complaint. (ca, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 19 MOTION by Plaintiff Antoinette C Sellers. (aee, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 18 MOTION by Plaintiff Antoinette C Sellers to notify Judge that amended complaint turned in October 13, 2023. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 16 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff filed a motion seeking a short extension of time to file her amended complaint #15 . The Court notes that it had already, before it received the motion on the docket, granted Plaintiff an extension of time until November 13, 2023 #14 . The motion #15 is therefore stricken as moot. The Court cautions Plaintiff that the extension until November 13, 2023 is final, and no further extensions of time will be granted. (ca, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 17 AMENDED complaint by Antoinette C Sellers. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 14 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Ms. Sellers's motion at docket entry #13 in which she states she is seeking leave to "allow all documents submitted to the Court regarding the case," and in which she references delays apparently due to incorrectly filing documents meant for this case in state court. The Court notes that it had set a 10/13/2023 deadline for Plaintiff to file an amended complaint, which she still has not done. Instead, Plaintiff has filed multiple separate piecemeal motions that attach various documents and filings. As the Court previously advised Plaintiff, this is not the proper procedure for pleading in federal court. Plaintiff must file a single, amended complaint, that integrates all her allegations relevant to this case into a single document. It is not this Court's role to hunt through multiple separate filings and attachments in an attempt to discern whether Plaintiff has stated a claim. Given that it appears Plaintiff experienced delays due to filing materials in state court, the Court will give Plaintiff a final extension until November 13, 2023 to file an amended complaint in this case. Plaintiff must file a single complaint that includes all of her allegations related to this case in a single filing on the docket, for the Court to review in order to determine if she has stated a claim. Failure to do so will result in the case being dismissed. The Clerk is directed to mail Plaintiff a copy of the Amended Complaint form. (ca, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 15 MOTION by Plaintiff Antoinette C. Sellers to allow extension until Monday 10/16/2023 for the Second Amended Complaint which you requested by October 13, 2023. (jh, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 13 MOTION by Plaintiff Antoinette C Sellers. (Exhibits). (jn, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 12 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of the filing from Plaintiff at docket entry #11 . Although captioned as a "motion," the filing appears to be simply a narrative of additional allegations. Although the filing appears to have been submitted on 9/1/2023, it was not entered on the docket and therefore received by the Court until 9/7/2023. Therefore, the Court did not have an opportunity to review the filing before issuing its order #10 dismissing Plaintiff's complaint without prejudice. The motion #11 is therefore denied as moot. The Court advises Sellers that it is generally improper to file multiple successive motions in an attempt to add allegations in a piecemeal manner. Rather, Sellers must file a single amended complaint that stands on its own without reference to any other filing. Sellers is directed to carefully review the Court's 9/7/2023 order, and determine whether she can file an amended complaint that remedies the deficiencies identified by the Court. (ca, ) [Transferred from Illinois Northern on 3/5/2024.] |
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Filing 10
ORDER: Plaintiff Antoinette Sellers filed a pro se Complaint on June 9, 2023 against Defendants Dyer Police Department, Briarwood Homes, Ann Marie Hudson, and Lake County Police Department, alleging causes of action for harassment, personal injury, libel/slander, invasion of privacy, and a violation of civil rights. (Dkt. 1.) Before the Court could address the initial Complaint, Sellers filed an Amended Complaint on June 14, 2023 for violation of constitutional rights, naming the same Defendants above, and adding Briarwoods Country Club. (Dkt. 7.) Sellers has also filed an application for leave to proceed in forma pauperis, (Dkt. 4), and a motion to compel the Defendants to file an answer. (Dkt. 9.) For the reasons discussed in this Order, Sellers's application for leave to proceed in forma pauperis (Dkt. 4) is granted. Upon screening Sellers's Amended Complaint, however, the Court finds that it fails to state any claim for relief. The Court therefore dismisses Sellers's Amended Complaint without prejudice and grants her leave to file a Second Amended Complaint by October 13, 2023. The Court directs Sellers to carefully review this Order prior to filing any amended complaint, to ensure that any amended pleading remedies the issues discussed in this Order. In particular, Sellers must name the proper suable parties, and provide sufficient factual detail as to how each named defendant was involved in any alleged incident. Sellers must also include allegations demonstrating why her claims should be litigated in this Illinois federal court (i.e. that venue is proper), given that all events related to this incident appear to have taken place in Indiana and involved only Indiana parties. Sellers's motion for Defendants to file an answer (Dkt. 9) is denied as moot. Signed by the Honorable Nancy L. Maldonado on 9/7/2023. [For further details see order]. (ca, ) [Transferred from Illinois Northern on 3/5/2024.]
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| MAILED Copy of order #10 to Antoinette Sellers. (ca, ). [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 11 MOTION by Plaintiff Antoinette C Sellers (Exhibits). (jj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 9 MOTION by Plaintiff Antoinette C Sellers for Defendants to file an answer. (jj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 8 EXHIBITS by Plaintiff Antoinette C Sellers (exr, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 7 RECEIVED amended Complaint and no copies by Antoinette C Sellers (Exhibits) (exr, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 6 RECEIVED USM-285 form for defendant(s) Lake County Police, Dyer Police Department, Briarwood Homes, Ann Marie Hudson by Plaintiff Antoinette C Sellers. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 5 RECEIVED Summons in a Civil Action form for defendant(s) Ann Marie Hudson, Briarwood Homes, Dyer Police Department, Lake County Police, by Plaintiff Antoinette C Sellers. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 4 APPLICATION by Plaintiff Antoinette C Sellers for leave to proceed in forma pauperis. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 3 PRO SE Appearance by Plaintiff Antoinette C Sellers. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 2 CIVIL Cover Sheet. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| Filing 1 RECEIVED Pro Se Complaint by Antoinette C Sellers. (Exhibits) (daj, ) [Transferred from Illinois Northern on 3/5/2024.] Modified on 3/5/2024 (shk). |
| MAILED CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), Consent form to Antoinette C. Sellers. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| 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. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (daj, ) [Transferred from Illinois Northern on 3/5/2024.] |
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