Nancy Swank v. Chad Wolfe
Plaintiff: Nancy Swank
Defendant: Chad Wolfe
Case Number: 2:2020cv04212
Filed: May 8, 2020
Court: US District Court for the Central District of California
Presiding Judge: Consuelo B Marshall
Referring Judge: Jean P Rosenbluth
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 8, 2020 Filing 38 NOTICE OF MOTION AND MOTION to Dismiss for Partial Dismissal of Plaintiff's Complaint and Action; Memorandum of Points and Authorities filed by Defendant Chad Wolfe. Motion set for hearing on 7/21/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order, #2 Proof of Service) (Attorney David E Pinchas added to party Chad Wolfe(pty:dft)) (Pinchas, David)
May 29, 2020 Opinion or Order Filing 37 STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
May 8, 2020 Filing 36 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Jean P. Rosenbluth. (jtil)
May 8, 2020 Filing 35 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:19-cv-05951, from USDC Northern District of Illinois. The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-04212 CBM (JPRx). (jtil)
May 8, 2020 Filing 34 ORIGINAL file, certified copy of transfer order and docket sheet received from Illinois Northern
May 7, 2020 Filing 33 TRANSFERRED to the Central District of California the electronic record. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
May 7, 2020 Filing 32 MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the Memorandum Opinion and Order #31 , the Clerk's Office is directed to transfer the case to the Central District of California forthwith. Mailed notice. (mma, ) [Transferred from Illinois Northern on 5/12/2020.]
May 4, 2020 Filing 31 MEMORANDUM Opinion and Order. Signed by the Honorable Matthew F. Kennelly on 5/4/2020. Mailed notice(gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
April 27, 2020 Filing 29 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, and pursuant to Second Amended General Order 20-0012, the status hearing and ruling date of 4/30/2020 is vacated. The Court has under advisement the defendant's motion to dismiss or transfer and will set another status hearing date, if necessary, once is rules on that motion. (mk) [Transferred from Illinois Northern on 5/12/2020.]
April 24, 2020 Opinion or Order Filing 30 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) [Transferred from Illinois Northern on 5/12/2020.]
March 30, 2020 Opinion or Order Filing 28 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket13, ) [Transferred from Illinois Northern on 5/12/2020.]
March 25, 2020 Filing 27 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, and pursuant to General Order 20-0012, as amended, the telephone status hearing and ruling set for 4/2/2020 is vacated and reset to 4/30/2020 at 9:00 AM. (mk) [Transferred from Illinois Northern on 5/12/2020.]
March 16, 2020 Opinion or Order Filing 26 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/12/2020.]
March 16, 2020 Opinion or Order Filing 25 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) [Transferred from Illinois Northern on 5/12/2020.]
March 16, 2020 Filing 24 REPLY by Defendant Kevin McAleenan In Support of the Motion to Dismiss or Transfer (Arce, Jimmy) [Transferred from Illinois Northern on 5/12/2020.]
March 13, 2020 Filing 23 MINUTE entry before the Honorable Matthew F. Kennelly: The motion hearing date of 3/18/2020, mistakenly set by plaintiff in a notice of motion, is vacated. The next court date is 4/2/2020 at 8:45 AM, when the case is set for a telephone status hearing and potential ruling on the motion to dismiss or transfer. For that hearing, defense counsel is to get plaintiff on the phone and then call chambers (312-435-5618). Mailed notice. (mma, ) [Transferred from Illinois Northern on 5/12/2020.]
March 4, 2020 Filing 22 NOTICE of Motion by Nancy Swank before Honorable Matthew F. Kennelly on 3/18/2020 at 09:30 AM. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
March 4, 2020 Filing 21 RESPONSE by Nancy Swank to MOTION by Defendant Kevin McAleenan to dismiss Defendant's Motion to Dismiss or Transfer on Venue Grounds and to Postpone Any Response Date Until 30 Days After Transfer #17 . (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
February 26, 2020 Filing 20 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 2/26/2020 with plaintiff and attorney for defendant. Telephone status hearing, to be initiated by the parties, is set for 4/2/2020 at 8:45 a.m. Response to motion to dismiss or transfer is to be filed by 3/11/2020; reply is due 3/18/2020. Mailed notice. (mma, ) [Transferred from Illinois Northern on 5/12/2020.]
February 23, 2020 Filing 19 MINUTE entry before the Honorable Matthew F. Kennelly: The presentment date on defendant's motion to dismiss (etc.) is reset, at the Court's instance, from 2/25/2020 to the date of the previously set telephone status conference, 2/26/2020 at 8:45 AM. Defendant's attorney is directed to promptly advise plaintiff of this change of dates so that plaintiff does not come to court on 2/25/2020. As previously directed, the parties are to jointly call chambers for the conference on 2/26/2020. (mk) [Transferred from Illinois Northern on 5/12/2020.]
February 18, 2020 Filing 18 NOTICE of Motion by Jimmy Lorenzo Arce for presentment of motion to dismiss #17 before Honorable Matthew F. Kennelly on 2/25/2020 at 09:30 AM. (Arce, Jimmy) [Transferred from Illinois Northern on 5/12/2020.]
February 18, 2020 Filing 17 MOTION by Defendant Kevin McAleenan to dismiss Defendant's Motion to Dismiss or Transfer on Venue Grounds and to Postpone Any Response Date Until 30 Days After Transfer (Arce, Jimmy) [Transferred from Illinois Northern on 5/12/2020.]
January 21, 2020 Filing 16 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held. Plaintiff will respond to the complaint by 02/18/20. The matter is set for a telephone status conference on 02/26/20 at 8:45 a.m. The parties will jointly call chambers at the time of the conference. Mailed notice. (dal, ) [Transferred from Illinois Northern on 5/12/2020.]
January 16, 2020 Filing 15 DESIGNATION of Jimmy Lorenzo Arce as U.S. Attorney for Defendant Kevin McAleenan (Arce, Jimmy) [Transferred from Illinois Northern on 5/12/2020.]
January 10, 2020 Filing 14 MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the status hearing set for 1/23/2020 is vacated and reset to 1/21/2020 at 09:30 a.m. Mailed notice. (mma, ) [Transferred from Illinois Northern on 5/12/2020.]
December 20, 2019 Filing 13 U.S. MARSHAL Affidavit of non-service of Summons/Complaint Returned Unexecuted as to Kevin McAleenan on 12/18/19. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
December 20, 2019 Filing 12 U.S. MARSHAL AFFIDAVIT of Service of Summons/Complaint, Returned Executed as to U.S. Attorney and U.S. Attorney General on 12/18/2019, answer due 1/8/2020. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
December 13, 2019 Opinion or Order Filing 11 ORDER: Nancy Swank filed a pro se lawsuit against Kevin McAleenan, Acting Secretary of the US Department of Homeland Security, asserting claims of employment discrimination. On October 22, 2019, the Court granted Ms. Swank's motion to proceed in forma pauperis and appointed the US Marshal to serve McAleenan with summons and the complaint. The Court's order specifically noted that Ms. Swank had already completed the USM-285 form needed by the US Marshal to serve summons. Just the other day, however, the Marshal filed a report on the docket saying that it could not serve the defendant because it had not received a completed USM-285 form from the plaintiff. This makes no sense. Ms. Swank already submitted a completed form; she doesn't have to do it twice. The Clerk is directed to immediately forward a copy of this order, the October 22 order [dkt. no. 8], and the completed USM-285 form [dkt. no. 6] to the Marshal, along with a copy of the summons [dkt. no. 7] and the complaint [dkt. no. 1]. The Marshal is again ordered to serve the defendant with summons and is ordered to give this matter appropriate priority, seeing as how the summons should have been served by the Marshal some time ago due to Ms. Swank's compliance with the requirements for service way back in September. The status hearing set for 12/19/2019 is vacated and reset to 1/23/2020 at 9:30 AM in Judge Kennelly's courtroom (Room 2103). Plaintiff must appear at that time. The Marshal is directed to file a report regarding service of summons by no later than 1/17/2020. Signed by the Honorable Matthew F. Kennelly on 12/13/2019. Mailed notice(gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
December 13, 2019 ALIAS Summons Issued, Certified copy of Order dated 12/13/19 as to Defendant Kevin McAleenan., U.S. Attorney, and U.S. Attorney General w/copy of Order dated 10/22/19 (dkt. no. 8), USM-285 form (dkt. no. 6) and complaint to U.S. Marshal for service via email. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
December 10, 2019 Filing 10 U.S. MARSHAL MEMO RETURNING UNEXECUTED SUMMONS as to Kevin McAleenan. (Attachments). (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
October 23, 2019 SUMMONS Issued, 3 Original with certified copy of Order dated 10/22/19 as to Kevin McAleenan, U.S. Attorney, and U.S. Attorney General to U.S. Marshal for service. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
October 22, 2019 Filing 9 COMPLAINT filed by Nancy Swank; Jury Demand. (Attachments). (gcy, ) Modified on 10/23/2019 (gcy, ). [Transferred from Illinois Northern on 5/12/2020.]
October 22, 2019 Opinion or Order Filing 8 ORDER: Plaintiff's motion for leave to proceed in forma pauperis is granted #3 . Plaintiff's motion for appointment of counsel is denied without prejudice #4 , as plaintiff has failed to describe sufficient efforts to find counsel on her own. The Marshal is appointed to serve the defendant with summons and the complaint. The Court notes that Plaintiff has already completed a USM-285 form 6 along with summons to the Marshal for service upon the defendant. The case is set for a status hearing on 12/19/2019 at 9:30 a.m. in Judge Kennelly's courtroom (Room 2103). If plaintiff fails to appear at that time, the case may be dismissed for want of prosecution. Signed by the Honorable Matthew F. Kennelly on 10/22/2019:(gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
September 5, 2019 Filing 5 PRO SE Appearance by Plaintiff Nancy Swank. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
September 5, 2019 Filing 4 MOTION by Plaintiff Nancy Swank for attorney representation. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
September 5, 2019 Filing 3 APPLICATION by Plaintiff Nancy Swank for leave to proceed in forma pauperis and affidavit.(gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
September 5, 2019 Filing 2 CIVIL Cover Sheet. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]
September 5, 2019 Filing 1 RECEIVED Complaint and 3 copies by Nancy Swank. (gcy, ) [Transferred from Illinois Northern on 5/12/2020.]

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Defendant: Chad Wolfe
Represented By: AUSA - Chicago
Represented By: Jimmy Lorenzo Arce
Represented By: David E Pinchas
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Plaintiff: Nancy Swank
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