ORDER FILED AGAINST original filing
E-FILED
Monday, 28 February, 2005 04:09:58 PM
Clerk, U.S. District Court, ILCD
UNITED STATES OF AMERICA
CENTRAL DISTRICT OF ILLINOIS
JAMES F. OSTERBUR, )
)
Plaintiff, )
) 05-2038
v. )
)
CARLE CLINIC, INC., THE AMERICAN )
MEDICAL ASSOCIATION, THE )
STATE OF ILLINOIS, and THE UNITED )
STATES OF AMERICA, )
)
Defendants. )
ORDER
On February 11, 2005, plaintiff James F. Osterbur ("Osterbur") filed a complaint
consisting of twenty-six pages of single-spaced text. The complaint is similar to another filed by
Osterbur in September 2004, which was dismissed on October 7, 2004. See Case No. 04-2196.
As with Osterbur's other complaint, there is no short and plain statement of the claims
asserted. Federal courts are courts of limited jurisdiction. "The first thing a federal judge should
do when a complaint is filed is check to see that federal jurisdiction is properly alleged."
Wisconsin Knife Works v. National Metal Crofters, 781 F.2d 1280, 1282 (7th Cir. 1986).
Federal Rule of Civil Procedure 12(h)(3) requires that "[w]henever it appears by suggestion of
the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall
dismiss the action."
Unlike his previous case, Osterbur specifies ajurisdictional basis for his new action:
"JURISDICTION: IS ANCILLARY." Congress codified the judge-made doctrine of ancillary
jurisdiction in 1990. See 16 Moore's Federal Practice, § 106.04[5]. The court's jurisdiction over
supplemental claims is governed by the provisions of 28 U.S.C. § 1367. The court must have
original jurisdiction over at least one of the plaintiffs claims before it can exercise supplemental
jurisdiction over other claims forming part of the same case or controversy. 28 U.S.C. § 1367.
As with his last complaint, Osterbur does not bring his claim pursuant 28 U.S.C. §1331
(claims originating under the Constitution, laws or treaties of the United States) or § 1332
(claims between citizens of different states with the matter in controversy exceeding $75,000).
Osterbur argues that his claim implicates various provisions of the United States Constitution,'
but the crux of the complaint is Osterbur's unhappiness about Carle's billing practices. Osterbur
and Carle are both citizens of Illinois; therefore, there is no diversity of citizenship as required
under Section 1332. The court can find no basis for jurisdiction pursuant to Section 1331.
The court, having carefully reviewed the new complaint, can find no basis for subject
matter jurisdiction as to the USA or any of the named defendants. Therefore, the complaint is
dismissed. Osterbur is granted fourteen days from the date of this order in which to amend his
complaint, limited to a short and plain statement of the basis upon which this court's jurisdiction
depends, and a short and plain statement showing that Osterbur is entitled to relief from each of
the named defendants. If the amended complaint fails to comply with Fed. R. Civ. P. 8(a), the
case will be terminated.2
The motion to dismiss filed by the United States of America is moot [#4].
Entered this 28th day of February, 2005.
s\Harold A. Baker
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE
* Osterbur claims his cause of action implicates the First, Fourth, Fifth, Seventh and
Fourteenth Amendments. For example, he claims the First and Fourteenth Amendments
guarantee him the right to involve the public in his disputed billing questions. He also claims
that the actions of the defendants in allowing Carle to continue its billing practices violate his
right to be free from unreasonable search and seizure, and the court's refusal allow this action to
proceed deprives him of due process of law. These assertions are frivolous.
2 The Administrative Procedures for Electronic Filing, page 2, allow for document
submission by CD "if authorized ... by the assigned judge." Osterbur is not so authorized;
therefore, he must file all documents in conventional format. The clerk is directed to return to
Osterbur the CD submitted on February 22, 2005.
2
CONIC FILING SYSTEM - U.S. District Court ILCD Page 1 of 1
Other Orders/Judgments
2:05-cv-02038-HAB Osterbur y. Carte Clinic Inc et al
U.S. District Court
Central District of Illinois
Notice of Electronic Filing
The following transaction was received from SP, ilcd entered on 2/28/2005 at 4:14 PM CST and filed on
2/28/2005
Case Name: Osterbur v. Carle Clinic Inc et al
Case Number: 2:05-cv-2038
Filer:
WARNING: CASE CLOSED on 02/28/2005
Document Number: 7
Docket Text:
ORDER DISMISSING CASE. Plaintiff is granted 14 days from the date of this order to amend his
complaint. Amended Pleadings due by 3/14/2005. The motion to dismiss [4] filed by the United States
of America is moot. See written order. Entered by Judge Harold A. Baker on 2/28/2005. (SP, ilcd)
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStampJD-1068668610 [Date=2/28/2005] [FileNumber=l 08393-0]
[60e51d9f8a6dba8cc0b8408f4307cb3603ba539alda8296127e28bea0d901405068c
d 147e5c4d033 5a01 b4ff8516505976d 1 b8c4cd98ccedba5618fdfl d007db]]
2:05-cv-2038 Notice will be electronically mailed to:
2:05-cv-2038 Notice will be delivered by other means to:
James F Osterbur
2191 County Rd 2500E
St Joseph, IL 61873
ORDER FILED AGAINST re-filed document
E-FILED
Wednesday, 23 March, 2005 03:07:06 PM
Clerk, U.S. District Court, ILCD
UNITED STATES OF AMERICA
CENTRAL DISTRICT OF ILLINOIS
JAMES F. OSTERBUR,
Plaintiff,
vs. 05-2038
CARLE CLINIC, INC., AMERICAN
MEDICAL ASSOCIATION, THE
STATE OF ILLINOIS, and THE UNITED
STATES OF AMERICA,
Defendants.
ORDER
The plaintiff, on February 28, 2005, was given leave to file an amended complaint within
fourteen days. That deadline expired on March 14, 2005, but on March 23, 2005, the plaintiff
submitted a sheaf of documents and a compact disc to the clerk that the court assumes is in
response to the court's order permitting the submission of an amended complaint.
The filing does not comply with Fed.R.Civ.P 7, 8, or 10. Pursuant to Fed.R.Civ.P. 12(f),
the court, on its own initiative , orders the clerk to strike the March 23, submission as immaterial
and not in response to the court's February 28, 2005 order. Moreover the clerk shall return the
compact disc to the plaintiff as material not in proper or acceptable form for filing.
All pending motions are set for hearing before the court by personal appearance on
April 6. 2005 at 9:30 A.M.. in Courtroom B, 201 S. Vine St., Urbana, IL.
Enter this 23rd day of March 2005.
s\Haro!d A. Baker
Harold A. Baker
United States District Judge
ORDER FILED AGAINST Osterbur reply
IONIC FILING SYSTEM - U.S. District Court ILCD Page 1 of 1
Other Orders/Judgments
2:05-cv-02038-HAB Osterbur v. Carle Clinic Inc et al
U.S. District Court
Central District of Illinois
Notice of Electronic Filing
The following transaction was received from SP, ilcd entered on 3/23/2005 at 3:09 PM CST and filed on
3/23/2005
Case Name: Osterbur v. Carle Clinic Inc et al
Case Number: 2:05-cv-2038
Filer:
Document Number: 15
Docket Text:
ORDER STRIKING [14] Response filed by James F Osterbur. Motion Hearing set for 4/6/2005 at 9:30
AM by personal appearance in Courtroom B before Judge Harold A. Baker. See written order entered by
Judge Harold A. Baker on 3/23/2005. (SP, ilcd)
ORDER FILED AGAINST the return to court document
ELECTRONIC FILING SYSTEM - U.S. District Court ILCD Page 1 of 1
Orders on Motions
2:05-cv-02038-HAB Osterburv. Carle Clinic Inc et al
U.S. District Court
Central District of Illinois
Notice of Electronic Filing
The following transaction was received from SP, ilcd entered on 3/28/2005 at 3:01 PM CST and filed on
3/28/2005
Case Name: Osterbur v. Carle Clinic Inc et al
Case Number: 2:05-cv-2038
Filer:
Document Number:
Docket Text:
TEXT ORDER: Plaintiffs document #16 is construed as a Motion. On the Court's own initiative,
pursuant to Fed. R. Civ. P. 8 and Fed. R. Civ. P. 12(f), plaintiffs Motion [16] is STRICKEN. Entered by
Judge Harold A. Baker on 3/28/2005. (SP, ilcd)
The following document(s) are associated with this transaction:
2:05-cv-2038 Notice will be electronically mailed to:
David H Hoff david.hoff@usdoj.gov, staci.klayer@usdoj.gov
Edward M Wagner ewagner@hrva.com, urbecf@hrva.com
2:05-cv-2038 Notice will be delivered by other means to:
James F Osterbur
2191 County Rd 2500E
St Joseph, IL 61873
ELECTRONIC FILING SYSTEM _ U.S. District Court ILCD _ Display Receipt Page 1 of 2
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Subject:Activity in Case 2:05_cv_02038_HAB Osterbur v. Carle Clinic Inc et al "Order
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U.S. District Court
Central District of Illinois
Notice of Electronic Filing
The following transaction was received from SP, ilcd entered on 4/6/2005 at 2:20 PM CDT and filed on
4/6/2005
Case Name: Osterbur v. Carle Clinic Inc et al
Case Number: 2;05_cy_2038
Filer:
WARNING: CASE CLOSED on 04/06/2005
Document Number:
Docket Text:
Minute Entry for proceedings held on 4/6/2005 before Judge Harold A. Baker : No appearance by
plaintiff. Atty Edward Wagner appeared in person for Carle Clinic Inc and Carle Inc. Atty Karen
McNaught appeared by telephone for defendant State of Illinois. AUSA David Hoff appeared in person
for defendant USA. Motion Hearing held. The Court finds [9] Motion Under Rule 60(b) filed by James
F Osterbur is DENIED; [17] Motion to Dismiss filed by State of Illinois is GRANTED. Case is
dismissed for lack of subject matter jurisdiction. Costs assessed against the plaintiff. (Court Reporter TJ)
(SP, ilcd)
The following document s) are associated with this transaction:
2:05_cv_2038 Notice will be electronically mailed to:
David H Hoff david.hoff@usdoj.gov, staci.klayer@usdoj.gov
Karen L McNaught kmcnaught@atg.state.il.us, jgmter@atg.state.il.us,lbrewer@atg. state, il.us,
Edward M Wagner ewagner@hrva.com, urbecf@hrva.com
2:05_cv_2038 Notice will be delivered by other means to:
James F Osterbur
2191 County Rd 2500E
Case Number: 05_2038
DECISION BY THE COURT. This action came to hearing before the Court. The issues have been
heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that this case is dismissed for lack of subject matter jurisdiction.
Costs are assessed against the plaintiff.
WARNING: CASE CLOSED on 04/06/2005
Document Number: 20
Docket Text:
JUDGMENT entered, case is dismissed for lack of subject matter jurisdiction. Costs assessed against
plaintiff. (SP, ilcd)
ELECTRONIC FILING SYSTEM _ U.S. District Court ILCD Page 1 of 1
Other Orders/Judgments
2:05_cv_02038_HAB Osterbur v.Carle Clinic Inc et al CASE CLOSED on 04/06/2005
U.S. District Court
Central District of Illinois
Notice of Electronic Filing
The following transaction was received from SP, ilcd entered on 4/12/2005 at 9:41 AM CDT and filed
on 4/12/2005
Case Name: Osterbur v. Carle Clinic Inc et al
Case Number: 2:05_cv_2038
Filer:
WARNING: CASE CLOSED on 04/06/2005
Document Number:
Docket Text:
TEXT ORDER: On April 6, 2005, the plaintiff failed to appear at a hearing, and his case was dismissed
for lack of subject matter jurisdiction with costs assessed against the plaintiff. On April 8, 2005, the
plaintiff filed a response to the State of Illinois' motion to dismiss. There is no action pending before the
court because this case is terminated. Therefore, the response [21] is stricken by the court. Entered by
Judge Harold A. Baker on 4/12/2005. (SP, ilcd)
The following documents) are associated with this transaction:
2:05_cv_2038 Notice will be electronically mailed to:
David H Hoff david.hoff@usdoj.gov, staci.klayer@usdoj.gov
Karen L McNaught kmcnaught@atg.state.il.us, jginter@atg.state.il.us,lbrewer@atg.state.il.us,
Edward M Wagner ewagner@hrva.com, urbecf@hrva.com
2:05_cv_2038 Notice will be delivered by other means to:
James F Osterbur
2191 County Rd 2500E
StJoseph,IL 61873