United States District Court, E.D. Wisconsin
JEANINE L. JACKSON and JOHN DOE, Plaintiffs,
DANIE EDWARDS, NINA C. HARRIS, DARREL CRAWFORD, JOSHUA STORMS, MICHAEL NICHOLS, TIM WINTERS, and MATT BARNES, Defendants.
DISMISSING FOR LACK OF SUBJECT MATTER JURISDICTION; VACATING
THE CLERK'S SEPTEMBER 12, 2017 ENTRY OF DEFAULT AS TO
DEFENDANTS CRAWFORD, EDWARDS AND STORMS; VACATING THE
CLERK'S SEPTEMBER 14, 2017 ENTRY OF DEFAULT AS TO
DEFENDANTS NICHOLS AND WINTERS; DENYING AS MOOT DEFENDANT
BARNES'S MOTIONS FOR EXTENSION OF TIME (DKT. NO. 14) AND
TO DISMISS (DKT. NO. 22); AND DENYING AS MOOT PLAINTIFF'S
MOTIONS TO STRIKE DEFENDANT EDWARDS'S CONSENT/REFUSAL
(DKT. NO. 17), ENLARGE TIME TO SERVE DEFENDANTS (DKT. NO. 18)
AND STRIKE DEFENDANT BARNES'S MOTION TO DISMISS (DKT. NO.
PAMELA PEPPER, United States District Judge
January 27, 2017, the plaintiff, who is representing herself,
filed a forty-seven page complaint based on comments
allegedly posted about her on Facebook, Instagram and
Twitter. Dkt. No. 1. After the plaintiff posted her own
opinions about various athletes, others responded with what
the plaintiff characterizes as nothing less than a
“cyberattack.” The plaintiff has sued Matt
Barnes, a professional basketball player with the Golden
State Warriors, and six other individuals from Wisconsin,
Illinois, Ohio and Arizona, alleging violations of the First,
Fourth and Fourteenth Amendments and various state common
September 12, 2017, after the plaintiff requested that it do
so, the clerk's office entered default against defendants
Crawford, Edwards and Storms. Two days later, again at the
plaintiff's request, the clerk's office entered
default as to defendants Michael Nichols and Tim Waters.
this court does not have subject matter jurisdiction over
this case, however, the clerk's office did not have
authority to enter default, and the court must dismiss the
January of 2014, the plaintiff has been a member of a
Facebook group known as Sports Global, where members post
pictures of sports figures and discuss sports topics.
Id. at ¶51. The plaintiff asserts that she
posted pictures of Barnes and other athletes, such as Kobe
Bryant and Floyd Mayweather. Id. at ¶¶59,
60. The plaintiff and other Sports Global members- including
Edwards, Winters, Harris, Storms and Crawford-have diverging
opinions on Dwyane Wade and Serena Williams. Id. at
¶¶69-75. Edwards and others allegedly made
disparaging comments about the plaintiff, posted offensive
pictures of the plaintiff and contacted Barnes to suggest he
get a restraining order. Id. at ¶¶81, 82,
94-97, 100-105, 111, 121, 140, 141. The plaintiff alleges
that because of the defendants' actions, she
has been extremely paranoid, depressed, constantly looking
over her shoulders, crying, has loss of appetite, has a hard
time remaining focused on projects, has lost interest in her
business ventures, suffered loss of income, and has sought
medical attention which includes counseling and has gone to
extreme measures by contemplating on attending a Wisconsin
Conceal Carry Class to be legally allowed to purchase and
carry protection to protect herself.
Id. at ¶143.
Subject Matter Jurisdiction
12(h)(3) of the Federal Rules of Civil Procedure says that a
court must dismiss a case if, at any time, it determines that
it lacks subject matter jurisdiction. Title 28, United States
Code §1331 provides for federal question jurisdiction,
and §1332 provides for diversity of citizenship
jurisdiction. Arbaugh v. Y&H Corp., 546 U.S.
500, 513 (2006). Section 1343 provides jurisdiction for
claims arising under the Civil Rights Acts. 28 U.S.C.
§1343. If a plaintiff has otherwise established a basis
for the court to exercise subject matter jurisdiction, the
court also may, in its discretion, exercise supplemental
jurisdiction over any state law claims. 28 U.S.C. §1367.
In her complaint, the plaintiff alleges that the court has
subject matter jurisdiction under 28 U.S.C. §§1331,
1343(3) and (4) and 28 U.S.C. §§1367(a) and 1441.