Trevillion v. Dillon et al

Filing 41

ORDER Denying Plaintiff's Requested Relief. Signed by Judge Hamilton on 11/28/2011. (pjhlc2, COURT STAFF) (Filed on 11/28/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIM Y. TREVILLION,

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Plaintiff,

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v.

ORDER DENYING PLAINTIFF’S
REQUESTED RELIEF

HARRY E. DILLON, et al.,

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For the Northern District of California

United States District Court

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No. C 11-4474 PJH

Defendants.
_______________________________/

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The court is in receipt of a document filed by plaintiff on November 22, 2011 entitled

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“plaintiff’s requested relief.” In it, plaintiff requests “first” relief in the form of $221,050.99

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and “second” relief in the form of $222,511.00. Plaintiff generally appears to contend that

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she has suffered problems with respect to her housing arrangement, and states she has

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suffered “racism in housing,” among other complaints.

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Plaintiff’s request for relief is DENIED. Plaintiff appears to seek relief in the form of

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two separate requests for damages. However, plaintiff fails to articulate any underlying

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legal statute or rule that would allow the court to entertain, let alone grant, plaintiff’s

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request. Indeed, it appears to the court that plaintiff is seeking relief in the form of a

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monetary judgment upon the merits of her underlying claims. Such a request is

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inappropriate at this juncture, however, since the pleadings are not yet settled (as indicated

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by defendants’ pending motion to dismiss, set for hearing on February 1, 2011), and

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plaintiff has not yet been granted the opportunity to litigate the merits of her claims.

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In the event that plaintiff is able to withstand defendants’ pending motion to dismiss,

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and is allowed to litigate the merits of her underlying claims, she will at that point – and not

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before – have the opportunity to demonstrate her entitlement to any damages award.

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Plaintiff is furthermore instructed to cease filing free-standing documents or other

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requests for relief that are directed to the merits of her claims, until the court is able to rule

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on defendants’ pending motion to dismiss. The court hereby notifies plaintiff that it will not

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take any action on any such filings.

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IT IS SO ORDERED.

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Dated: November 28, 2011
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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