MENDOZA et al v. WEST VIEW WATER AUTHORITY et al
| Higinio Mendoza, Jr and KAREN FEITT |
| WEST VIEW WATER AUTHORITY, JORDAN TAX SERVICE, INC., BOROUGH OF AVALON PENNSYLVANIA and JORDAN TAX SERVICE, INC |
| 2:2024cv00154 |
| February 5, 2024 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question: Anti-trust |
| None |
Docket Report
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Filing 16
ORDER re #15 [an]NO-d Motion for Clarification as to 14 Order by Plaintiff HIGINIO MENDOZA, JR. On 3/22/2024, Mr. MENDOZA filed a Motion for Clarification that was largely unintelligible but appears to challenge the Court's dismissal of the case. On 2/28/2024, the Court dismissed the case without prejudice and granted Plaintiffs until 3/20/2024 to file an Amended Complaint, otherwise the dismissal would convert to one with prejudice. ECF No. 12. Plaintiffs, however, failed to file an Amended Complaint, and on 3/21/2024, the Court dismissed the case with prejudice. ECF No. 14. Therefore, because the Court has already dismissed this case with prejudice, and because the #15 Motion is largely unintelligible, the #15 Motion for Clarification is DENIED. Further, it appears that Mr. MENDOZA has the ability to electronically file documents, while Ms. FEITT does not. Mr. MENDOZA has filed the #15 Motion on behalf of himself and Ms. FEITT but only Mr. MENDOZA has physically signed the document. Because Mr. MENDOZA is not an attorney, he cannot represent Ms. FEITT nor can he file documents on her behalf. Accordingly, IT IS FURTHER ORDERED that any future pleadings be signed by both Mr. MENDOZA and Ms. FEITT. Signed by Judge Christy Criswell Wiegand on 3/26/2024. 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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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Motion for Clarification. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (kss) |
| Filing 15 [an]NO-d MOTION for Clarification as to 14 Order, by Higinio Mendoza, Jr. (Mendoza, Higinio) Modified text on 3/25/2024. (kss) |
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Filing 14
ORDER re #13 Correspondence to the Court from Plaintiff HIGINIO MENDOZA, JR. On 3/19/2024, the Court received correspondence from Mr. MENDOZA which was largely unintelligible. On 2/28/2024, the Court previously dismissed the case without prejudice and granted Mr. MENDOZA until 3/20/2024 to file an Amended Complaint, otherwise the dismissal would convert to one with prejudice. ECF No. 12. Here, viewing Mr. MENDOZAs correspondence in the light most favorable to him, the Court finds that it does not appear to be an amended complaint and no other documents have been filed. Therefore, the dismissal without prejudice is HEREBY CONVERTED to a dismissal with prejudice. Clerk is to mark CASE CLOSED. Signed by Judge Christy Criswell Wiegand on 3/21/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc)
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| Filing 13 Remark: Correspondence to the Court from Higinio Mendoza, Jr. (Attachments: #1 Envelope) (kss) |
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Filing 12
ORDER. Pursuant to 28 U.S.C. 1915(e), IT IS HEREBY ORDERED that Plaintiffs Higinio Mendoza, Jr. and Karen Feitt's #7 Complaint is DISMISSED without prejudice for failure to state a claim against Defendants WEST VIEW WATER AUTHORITY and JORDAN TAX SERVICE, INC., as more fully set forth in the order. Plaintiffs may file an amended complaint on or before 3/20/2024. If no amended complaint is filed by 3/20/24, the dismissal will be converted to one WITH PREJUDICE, without further action by the Court. Signed by Judge Christy Criswell Wiegand on 2/28/2024. (bjw)
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| Filing 11 MICROSOFT TEAMS AUDIO CONFERENCING SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES - Every telephonic conference conducted will be via a Microsoft Teams Audio Conferencing call-in number which requires participants to dial-in and provide a conference ID. When a Telephonic Conference is scheduled, you will be instructed to refer back to this notice. This document has a security setting of Case Participants Only, so only those individuals will have access to view the document. (drc) |
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Filing 10
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 2/28/2024. (drc)
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| Filing 9 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. (drc) |
| Filing 8 Summons Issued as to JORDAN TAX SERVICE, INC, WEST VIEW WATER AUTHORITY (Attachments: #1 Summons West View Water Authority) (kss) |
| Filing 7 COMPLAINT against JORDAN TAX SERVICE, INC, WEST VIEW WATER AUTHORITY, filed by Higinio Mendoza, Jr, KAREN FEITT. (Attachments: #1 Exhibit) (kss) |
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Filing 6
ORDER GRANTING #1 Motion for Leave to Proceed in forma pauperis by Plaintiffs HIGINIO MENDOZA, JR. and KAREN FEITT. Signed by Judge Christy Criswell Wiegand on 2/27/2024. 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 Praecipe to Settle and Satisfy by Higinio Mendoza, Jr. (Mendoza, Higinio) Modified text on 2/26/2024. (kss) |
| Filing 4 PRETRIAL MEMORANDUM by Higinio Mendoza, Jr. (Mendoza, Higinio) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #3 Praecipe for Writ of Execution. ERROR: Wrong event selected, and typed name omitted by s/. CORRECTION: Filer advised of signature requirements. Filer to resubmit with signature, using correct event Praecipe to Settle and Discontinue. (kss) |
| Filing 3 Praecipe for Writ of Execution by Higinio Mendoza, Jr. (Mendoza, Higinio) |
| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by Higinio Mendoza, Jr. (kss) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by KAREN FEITT, Higinio Mendoza, Jr. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Civil Cover Sheet, #3 Exhibit, #4 Summons Jordan Tax Service Inc, #5 Summons West View Water Authority) (kss) |
| Judge Christy Criswell Wiegand added. (kss) |
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