HERZ v. KRAFT et al
| CAROLYN W. HERZ, Ph.D and CAROLYN WENDY HERZ |
| ORA H. PESCOVITZ, LESLIE PAGE, PAUL KRAFT, BILL CLINTON, DAVID F. HAMILTON, RICHARD L. YOUNG, EXECUTIVE COMMITTEE OF THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF ILLINOIS, THE TRUSTEES OF INDIANA UNIVERSITY, CAROLYN H. SRIVASTAVA, HAL BROXMEYER, GERALD BEPKO, JONATHAN ADLAND and TRUSTEES OF INDIANA UNIVERSITY |
| 1:2021cv02615 |
| October 12, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| James Patrick Hanlon |
| P.I.: Other |
| 28 U.S.C. ยง 1442 |
| None |
Docket Report
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| Filing 9 Transfer Letter to the Clerk of the Marion County Court. Copies of case documents and docket enclosed. (DWH) |
Filing 8
CLOSED REMANDED - The Court having this day made its Order directing the entry of final judgment in favor of Defendants and against Plaintiff, this action is dismissed with prejudice. Signed by Judge James Patrick Hanlon on 11/5/2021. Copy to Carolyn Wendy Herz via US Mail. (DWH)
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Filing 7
ORDER DISMISSING ACTION AND DIRECTING FINAL JUDGMENT - This action was removed from the Marion Superior Court on October 12, 2021, where it had been filed under Cause No. 49D06-2108-CT-027471 on August 16, 2021. See Filing No. 1 (citing 28 U.S.C. 1442(a) (civil actions brought against the United States, its officers, or agencies may be removed to the United States District Court)). Plaintiff Carolyn Wendy Herz is the same person as Carolyn H. Srivastava, a restricted filer in this Circuit and in this Court as explained in this Court's order of October 20, 2021. Filing No. 6. That Order stayed these proceedings and directed Ms. Herz to show cause no later than November 3, 2021 why this action should not be dismissed because restrictions have been imposed on her ability to file papers in all federal courts in the Seventh Circuit. Plaintiff filed a response on October 31, 2021, which entirely fails to demonstrate that (a) her restricted filer status as referenced above has been altered or does not apply to the present action, (b) she could prosecute this action through the filing of documents in light of her restricted filer status, or (c) there is any reason to delay entry of final judgment. The Court finds that the orders making Ms. Herz a restricted filer prevent her from filing documents in this case. Because Ms. Herz cannot proceed on any of her claims against any defendant, this action is DISMISSED with prejudice. Final judgment on the merits will issue by separate entry. To the extent any non-merits motions were filed in the state court action before removal, this matter is REMANDED to the Marion Superior Court for the sole purpose of resolving those non-merits motions. To prevent further abusive litigation by Plaintiff, this dismissal is with prejudice. Signed by Judge James Patrick Hanlon on 11/5/2021. Copy to Carolyn Wendy Herz and Marion County Superior via US Mail. (DWH)
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| Filing 6 OBJECTION re #5 Order to Show Cause, filed by Plaintiff CAROLYN WENDY HERZ. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(DWH) |
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Filing 5
ORDER TO SHOW CAUSE AND STAY PROCEEDINGS - IT IS ORDERED that Ms. Herz has through November 3, 2021 to SHOW CAUSE why this action should not be dismissed because restrictions have been imposed on her ability to file papers in federal courts. IT IS FURTHER ORDERED that, other than a response to this show cause order, Ms. Herz is prohibited from delivering any documents to the Clerk for filing, and must not attempt to present materials or information to the Court in an indirect fashion, such as by sending a fax or an email to the Court or its personnel except as explicitly provided by General Orders of this Court. To do so would be a violation of the orders of the Court of Appeals and of this Court. Any and all proceedings in this matter are STAYED until the Court acts, either upon Ms. Herz' response to this order, or upon Ms. Herz' failure to respond if no response is made (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 10/20/2021. Copy to Plaintiff via US Mail. (DWH)
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| Filing 4 Submission of State Court Record from Marion Superior Court, case no. 49C06-2108-CT-027471. (DWH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 NOTICE of Appearance by Shelese M. Woods on behalf of Defendant RICHARD L. YOUNG. (Woods, Shelese) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court, case number 49D06-2108-CT-027471, filed by DAVID F. HAMILTON. (No fee paid with this filing) (Attachments: #1 State Court Record Complaint, Appearance, Summons, Certificate of Issuance, Appearance, Motion to Show Cause, Herz Exhibits, Plaintiff Objection, Amended Complaint, Summonses, Certified Mail Returned, #2 Civil Cover Sheet)(Woods, Shelese) |
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