TAYLOR v. HALLER
| ASHLEIGH M. TAYLOR |
| ALEXANDER TOY HALLER |
| 2:2023cv01955 |
| November 13, 2023 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Other Fraud |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
Docket Report
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Filing 10
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiff show cause by January 26, 2024 as to why the action should not be dismissed for failure to prosecute, or shall cause the completed U.S. Marshal 285 form, a Notice of Lawsuit and Request for Waiver of Summons form (AO38), and a Waiver of the Service of Summons Form (AO399), with a copy of the Complaint and all exhibits for each defendant named in all documents to be filed. Signed by Judge Christy Criswell Wiegand on 1/5/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (ept).
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| Filing 9 COMPLAINT against ALEXANDER TOY HALLER ), filed by ASHLEIGH M. TAYLOR. (bjr) |
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Filing 8
ORDER re #3 Motion to Transfer or Consolidate Cases filed by Plaintiff Ashleigh Taylor. On November 22, 2023, pro se Plaintiff Ms. Taylor filed a Motion seeking "transfer and coordination or consolidation to one court" of her "10 or more actions either active or under review." The Court notes that Ms. Taylor filed her motion on a form used for multidistrict litigation under 28 U.S.C. 1407 which is directed to the United States Judicial Panel on Multidistrict Litigation. While this is the incorrect form and a multidistrict litigation is not appropriate here, the Court construes Ms. Taylor's Motion as a request to coordinate certain cases for pre-trial purposes. Ms. Taylor seeks to coordinate 10 actions. However, the Court is aware of three (3) actions pending in this District, including this one, and one (1) action that has been dismissed. To the extent Ms. Taylor seeks to coordinate actions that are not actively pending in this District, the Court lacks jurisdiction to compel their transfer to this Court. The Court notes that this case is a breach of contract action against Defendant Alexander Haller who is alleged to be the father of Ms. Taylor's son. Mr. Haller has not yet been served and has not appeared in the action. Given the procedural posture of this action, coordination at this time would not be appropriate. IT IS HEREBY ORDERED that the Motion is DENIED without prejudice.. Signed by Judge Christy Criswell Wiegand on 12/11/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 7
ORDER re #2 Motion to Seal Complaint filed by Ashleigh Taylor. Pro se Plaintiff Ashleigh Taylor seeks to seal her Complaint on the basis that it contains "personal information." Because Ms. Taylor is pro se, the Court will construe her Motion to Seal Complaint as a Motion to Seal the Complaint and its exhibits. While the Complaint does contain general "personal information, "according to the United States Court of Appeals for the Third Circuit, "the common law presumes that the public has a right of access to judicial materials." In re Avandia, 924 F.3d 662, 672 (3d Cir. 2019). To overcome this presumptive right of access to judicial materials, "[t]he party seeking to overcome the presumption of access bears the burden of showing 'that the interest in secrecy outweighs the presumption.'" Id. (quoting Bank of Am. Nat'l Trust & Sav. Ass'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir. 1986)). That is, "[t]he movant must show 'that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.'" Id. (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994)). Ms. Taylor has not shown that if the facts underlying her claim in the Complaint are disclosed such disclosure will work a clearly defined and serious injury. However, the Court notes that certain exhibits accompanying the Complaint contain personal information that is typically protected by courts, such as medical records and images. Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED as to the sealing of the Complaint and GRANTED as follows: Exhibits F, G and I to the Complaint shall be placed under seal. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 6
ORDER. IT IS HEREBY ORDERED that Plaintiff Ashleigh Taylor's #1 Motion for Leave to Proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. 1915(a)(1). In order for the Court to effectuate service pursuant to 1915(d), it is FURTHER ORDERED that Ms. Taylor shall complete and provide the Court with a U.S. Marshal 285 form, a Notice of Lawsuit and Request for Waiver of Summons form (AO 398), and a Waiver of the Service of Summons form (AO 399) for each defendant named in all documents, and a copy of the Complaint with all exhibits, on or before 12/27/23. Signed by Judge Christy Criswell Wiegand on 12/11/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 5 Appendix to #4 Brief in Support of Motion by ASHLEIGH M. TAYLOR. (Attachments: #1 Appendix Part 2) (kss) Document restricted from public view because of PII. Modified text on 11/28/2023. (sms) |
| Filing 4 BRIEF in Support re #3 Motion to Transfer and Consolidate Cases filed by ASHLEIGH M. TAYLOR. (kss) |
| Filing 3 MOTION to Transfer and Consolidate Cases by ASHLEIGH M. TAYLOR. (kss) |
| AUDIO/VISUAL EXHIBIT(S) in support of #1 Motion for Leave to Proceed in forma pauperis received. Physical media forwarded to chambers of Judge Wiegand. (cww) |
| Filing 2 MOTION to Seal Document #1 MOTION for Leave to Proceed in forma pauperis (Complaint) by ASHLEIGH M. TAYLOR. (Attachments: #1 Proposed Order) (elt) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by ASHLEIGH M. TAYLOR. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Exhibit List, #3 Exhibit, #4 Civil Cover Sheet) (elt) |
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| Plaintiff: ASHLEIGH M. TAYLOR | |
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| Defendant: ALEXANDER TOY HALLER | |
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