Loubser v. U.S., 4:04-cv-75-AS.

• Decision Date: 30 March 2009
• Docket Number: No. 4:04-cv-75-AS.,4:04-cv-75-AS.
• Citation: 606 F.Supp.2d 897
• Parties: Annaré L. LOUBSER, Plaintiff, v. UNITED STATES of America, et at., Defendants.
• Court: U.S. District Court — Northern District of Indiana

606 F.Supp.2d 897

Annaré L. LOUBSER, Plaintiff, v. UNITED STATES of America, et at., Defendants.

No. 4:04-cv-75-AS.

United States District Court, N.D. Indiana, Hammond Division, at Lafayette.

March 30, 2009.

COPYRIGHT MATERIAL OMITTED

Annaré Loubser, Monticello, IN, pro se.

Michael J. Stapleton, Cheryl M. Knodle, Elizabeth B. Searle, Ball Eggleston PC, Lafayette, IN, for Defendants, R. Dennis Hoover, William B. Weist, Alexander Pala.

Terry L. Smith, Dellinger Dellinger & Smith, Monticello, IN, for Defendants, Terry Smith, White County Title & Abstract Co., Steven Fishel and Kathy Fishel.

Courtney B. Justice, Justice Law Offices, Jay T. Hirschauer, Hirschauer & Hirschauer, Logansport, IN, for Defendant, Courtney B. Justice, Justice Law Office, Corinna Montine.

Brent R. Dechert, Dechert Law Office, Kokomo, IN, for Defendants, Brent and Brendt Dechert.

Charles V. Traylor, Indianapolis, IN, for Defendant, Charles Traylor.

Kenneth E. Lauter, Ryan Patrick Sink, Stephanie S. Penninger, Haskin Lauter & LaRue, Indianapolis, IN, for plaintiff.

Scott M. Paler, William F. Dugan, Seyfarth Shaw LLP, Chicago, IL, for defendant.

MEMORANDUM OPINION & ORDER

ALLEN SHARP, District Judge.

Helpful to this case, is the Honorable Judge Tinder's language in Indianapolis Minority Contractions Association, Inc. v. Wiley, 1998 WL 1988826 (S.D.Ind.,1998) (aff'd 187 F.3d 743 (7th Cir.1999)) prior to his elevation to the Seventh Circuit Court of Appeals, as follows:

This case illustrates the difference between rhetoric and proof in a court of law.... As seen through the exacting lens of the summary judgment process, the Plaintiffs' bold but unsupported claims fail. While perhaps persuasive as rhetoric, the strong conclusions of the Plaintiffs ... do not survive the careful scrutiny required in litigation. Word and theories which play well in political discussions and media accounts do not necessarily meet the legal standards appropriately applied to all lawsuits. Because much has been written and filed in this lawsuit, much is being written here to explain its demise, both procedurally and substantively.

Id.

This matter is before the Court on twelve pending motions. Currently, there are five Motions for Summary Judgment, pursuant to Federal Rule of Civil Procedure 56, filed with the Court as follows: Brent Robert Dechert on February 1, 2008 (Docket No. 583); Justice Law Office, Courtney B. Justice, and Corinna Montine on January 31, 2008 (Docket No. 573); R. Dennis Hoover, Alexander Pala, and William B. Weist on January 31, 2008 (Docket No. 576); Charles Traylor on January 31, 2008 (Docket No. 578); and Cathy Fishel, Steven Fishel, Terry Smith, and White County Title & Abstract Company on January 29, 2008 (Docket No. 587). Additionally, there are five Motions to Strike, pursuant to Federal Rule of Civil Procedure 56(e), filed with the Court as follows: Annare Loubser on June 11, 2008 (Docket No. 624); J R. Dennis Hoover, Alexander Pala, and William B. Weist on May 31, 2008 (Docket No. 615 and 616); and Justice Law Office, Courtney B. Justice, and Corinna Montine on May 30, 2008 (Docket No. 611 and 612). Lastly, Annaré Loubser has filed two miscellaneous motions with the Court as follows: a Motion for Extension of Time on May 1, 2008 (Docket No. 592) and a Motion to Amend Response on May 2, 2008 (Docket No. 598).

I. BACKGROUND

In her 140-page¹ Second Amended Complaint (Docket No. 210), Annare Loubser (hereinafter "Ms. Loubser"), pro se, has alleged a panoply of claims against more than 40 different individuals, including public officials, public employees, and private citizens under the Thirteenth and Fourteenth Amendments to the United States Constitution, and under 42 U.S.C. §§ 1981, 1983, 1985, and 1994. Ms. Loubser's claims principally stem from allegations that her state divorce proceedings were fixed as a result of a conspiracy against her to deprive her of her livelihood, due to her national origin.² (Second Amended Complaint ¶ 59-61, 64, 69-74, 311, 547, 565-566, 572-573, 579, 581, 585, 589-590, 593-594, 596-600, 603, 619, 636-638, 657-658). Ms. Loubser also claims that the conspiracy was intended to achieve the following: destroy the impartiality of Judges and state employees in her state court proceeding, deprive her of her livelihood, deny her Due Process of law, deny her the pursuit of happiness, deny her equal protection of the law, and subject her to involuntary servitude. (Id. at ¶ 8, 59-61, 64-74, 138, 152, 154, 202, 228, 437, 445-446, 451, 456-457, 529, 547, 549, 565-570, 572-577, 579, 581, 583, 585-587, 591-594, 596-600, 602-603, 606, 612-616, 619, 625-626, 630-634, 636-638, 640, 647, 653-658, 661-666).

On June 30, 2005, this Court entered an order dismissing all claims against all Defendants. (Docket No. 155). This order was appealed to the United States Court of Appeals for the Seventh Circuit. The Seventh Circuit affirmed the judgment with respect to the dismissal of Judge Thacker and Judge Kepner as Defendants, but otherwise vacated and remanded for further proceedings consistent with the opinion in Loubser v. Thacker, 440 F.3d 439 (7th Cir.2006). Since the Seventh Circuit's decision, many of the Defendants included in Ms. Loubser's Second Amended Complaint were dismissed from the case.³ As to the remaining Defendants, the Court now considers all pending motions.

II. FACTS IN AGREEMENT

Ms. Loubser is a white South African who has resided in Monticello, Indiana since 1991. (Loubser Depo. at 11, 14). Ms. Loubser met Alexander Pala (hereinafter "Pala") after moving to Indiana and they married in 1994. (Id. at 13, 27). At the time of their marriage, Ms. Loubser was aware that Pala was a dwarf and, as such, was subject to health conditions which would become worse over time. (Id. at 13). Ms. Loubser became Pala's Social Security Representative, helped him apply for disability benefits and testified to his physical inability to work. (Id. at 144-125, 220). In late-July or early-August of 2001, Pala became aware that Loubser was having an affair. (Id. at 135-136). Shortly thereafter on August 14, 2001, Pala filed for divorce. (Id. at 21). Judge Robert Thacker presided over the final divorce hearing on October 17-18, 2002. (Id. at 4, Exhibit A). While the matter was under advisement, Ms. Loubser was found in contempt of court by Judge Thacker. (Id. at 218, Exhibit A). Ms. Loubser appealed the Order on February 17, 2003. (Loubser Depo. at Exhibit A). Pala also filed a cross-appeal. (Id. at 177). The Indiana Court of Appeals affirmed the decision and the Indiana Supreme Court denied Loubser's petition to transfer. (Id. at Exhibit A).

III. FACTS IN CONTENTION

Ms. Loubser alleges that a conspiracy was formed on August 1, 2001. This set in motion the series of events that Ms. Loubser alleges amount to a conspiracy. This Court is acutely aware that Ms. Loubser is proceeding in this case pro se and, as such, her complaint is held to "less stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Kyle v. Patterson, 196 F.3d 695 (7th Cir.1999) ("[I]t is well settled law in this circuit that pro se complaints are not held to the stringent standards expected of pleadings drafted by lawyers. Rather, pro se complaints are to be liberally construed."). However, "it must be remembered that even `pro se pleadings are required to meet a minimum standard of particularity.'" Williams v. Bierman, No. 93-1212, 1995 WL 21543 at *5 (7th Cir. Jan. 18, 1995) (citing Tarkowski v. Robert Bartlett Realty Co., 644 F.2d 1204, 1207 (7th Cir.1980) (footnote omitted)).

Yet, throughout her complaint, Ms. Loubser makes voluminous general allegations of conspiracy against various defendants that are mere suppositions lacking in evidentiary support.⁴ While giving the appropriate deference to her status as a pro se plaintiff, the Court will nonetheless discuss and consider only those allegations which Ms. Loubser has supported with specific evidence. Williams, 1995 WL 21543 at *5 ("This Court need not accept conclusory allegations completely lacking evidentiary support") (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); Payne v. Pauley, 337 F.3d 767, 773 (7th Cir.2003) ("Conclusory allegations, unsupported by specific facts, will not suffice.") (citing Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990)). Moreover, "the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient . . ." Anderson, 477 U.S. at 252, 106 S.Ct. 2505; Walker v. Sheahan, 526 F.3d 973, 977 (7th Cir.2008) (citing Insolia v. Philip Morris, Inc., 216 F.3d 596, 599 (7th Cir.2000)); Anderson v. Hardman, 241 F.3d 544, 545 (7th Cir.2001) ("[W]e cannot fill the void by crafting arguments and performing the necessary legal research."). Accordingly, the Court will now summarize the allegations, supported with specific evidence which Ms. Loubser has made against each of the remaining Defendants.

A. Alexander Pala

Ms. Loubser maintains that Pala, her ex-husband, was the organizer of the conspiracy and that he "spent all of his days getting everyone to go against her." (Loubser Depo. at 152). Ms. Loubser contends that in connection to the divorce proceedings, Pala conspired with R. Dennis Hoover (hereinafter "Hoover") to run up legal bills, deny her access to documents, convince witnesses to commit perjury, hide assets from the court, use ties in the community to influence Judge Thacker, and act in concert with Judge Thacker to obtain a 70/30 split of the assets in favor of Pala. (Second Amended Complaint ¶ 138-139, 150-152, 154, 219-220, 223, 225, 227-228, 229-236, 239, 247-251, 254, 258-265, 275, 278, 281, 295, 313, 334, 339, 353-355, 541).

Ms. Loubser points to several alleged events as evidence of Pala's participation in the conspiracy. These include: Pala and his...