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Herz v. Hamilton

United States District Court, S.D. Indiana, Indianapolis Division

March 17, 2015

CAROLYN WENDY HERZ, Plaintiff,
v.
DAVID HAMILTON, et al., Defendants.

ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT

WILLIAM T. LAWRENCE, District Judge.

I.

A. Parties and Procedural History

This action was removed from the Marion Superior Court, where it had been docketed as No. 49D141501CT003126. The plaintiff is Carol Wendy Hertz, formerly known (before her legal name change) as Carolyn H. Srivastava, who litigated cases in this court and many other courts under that name. The defendants are David F. Hamilton, Richard Young, Ora Pescovitz, Michael Delph, Mark Massa, Marion County Prosecutor Office, Linda Major, Gregory Ballard, Indianapolis Metropolitan Police Department, Lulu Patterson, Kathy Richardson, St. Vincent Hospital And Healthcare Center, Inc., David G. Moscrip, Sanjay Mishra, Mark Kelley, Wei-Hua Lee, Gerald Bepko, Nationwide Mutual Insurance Company, and Susan Brooks. The plaintiff seeks damages and injunctive relief.

The removal was processed on February 5, 2015. On February 20, 2015, an Entry was issued directing the plaintiff to show cause why the action should not be dismissed because restrictions have been imposed on her ability to file papers in all federal courts. She responded through her filing (hereafter "objection") filed on March 9, 2015.

B. Issue

The issue framed by the proceedings and filings referenced above is thus whether the plaintiff can proceed in this action and, if she cannot, whether it must be dismissed.

C. Discussion

The plaintiff devotes much of her objection to distinguishing the factual background of certain published decisions from that of her own claims here and previously. In doing so, the plaintiff argues past the legal principles derived from several of those cases which have informed the many orders issued by this and other courts justifiably recognizing the plaintiff as an abusive litigant.

The plaintiff does not dispute that she is the same person described in Part I of the Entry issued on February 20, 2015. She does suggest that it is improper for the court to take judicial notice of those orders, but the court rejects that suggestion because "a court may take judicial notice of facts that are not subject to reasonable dispute' because they are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.' Fed.R.Evid. 201(b). Under this rule, courts may take judicial notice of papers filed in other courts as well as orders issued by other courts." Bonilla v. Uribe, 2013 WL 5522026, at *6 (S.D.Cal. Sept. 30, 2013)(citing cases). The Seventh Circuit has long endorsed this practice:

Among these matters of which a court may take judicial notice are its own court documents and records. Bryant v. Carleson, 444 F.2d 353, 357 (9th Cir.), certiorari denied, 404 U.S. 967, 92 S.Ct. 344, 30 L.Ed.2d 287 (1971). Furthermore, federal courts may also take notice of proceedings in other courts, both within and outside of the federal judicial system, if the proceedings have a direct relation to matters at issue. St. Louis Baptist Temple v. F.D.I.C., 605 F.2d 1169, 1172 (10th Cir. 1979); Barrett v. Baylor, 457 F.2d 119, 124 n.2 (7th Cir. 1972). These principles indicate that we clearly have the power to take judicial notice of Green's extensive record of litigation as well as the subject matter of his lawsuits. His filing history in both this and other courts is of public record and particularly relevant to the proposed injunction. The fact that Green has all but besieged the federal courts for the past several years is indeed a matter of public knowledge, of which we may properly take judicial notice. Accord, Green v. White, 616 F.2d 1054, 1055 (8th Cir. 1980).

Green v. Warden, U.S. Penitentiary, 699 F.2d 364, 369 (7th Cir. 1983).

Additionally, the plaintiff offers her disagreement with the orders referenced above. Her disagreement leads her to the conclusion that the orders are not valid, but the record shows ...


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