Medley v. Freedom Oil Company
| Jacqueline J Medley |
| Shell/Freedom and Freedom Oil Company |
| 1:2018cv01313 |
| August 28, 2018 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 |
| Defendant |
Docket Report
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This docket was last retrieved on October 22, 2018. A more recent docket listing may be available from PACER.
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TEXT ORDER granting #11 Motion for Extension of Time to Answer. Dft Freedom Oil Company's answer ddl is extended to 11/8/2018. Entered by Magistrate Judge Jonathan E. Hawley on 10/22/18. (WG, ilcd)
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| Filing 12 Exhibit re #5 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jacqueline J Medley. (Attachments: #1 Envelope)(JS, ilcd) |
| Filing 11 MOTION for Extension of Time to File Answer re #4 Amended Complaint by Defendant Freedom Oil Company. Responses due by 11/1/2018 (Baker-Seal, Denise) |
| Filing 10 DEMAND for Trial by Jury by Freedom Oil Company. (Baker-Seal, Denise) |
| Filing 9 NOTICE of Appearance of Attorney by Denise Baker-Seal on behalf of Freedom Oil Company (Baker-Seal, Denise) |
| Filing 8 SUMMONS Returned Executed by Jacqueline J Medley. Freedom Oil Company served on 9/28/2018, answer due 10/19/2018. (JS, ilcd) |
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REVISED TEXT ORDER: The Court inadvertently denied Plaintiff's #5 Motion for Leave to Proceed in forma pauperis. Plaintiff filed a nearly identical motion on August 28, 2018, which this Court GRANTED. As such, Plaintiff's #5 Motion for Leave to Proceed in forma pauperis is deemed MOOT and the case will proceed. Entered by Judge Michael M. Mihm on 10/01/2018. (JA, ilcd)
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| TEXT ORDER: DENYING Plaintiff's #5 Motion for Leave to Proceed in forma pauperis, and #6 Motion to Request Counsel WITHOUT PREJUDICE. Plaintiff has completed and filed the short form in forma pauperis application, AO 240, indicating that she receives $480.00 in income and that her checking/savings account has a current balance of $5.63. However, the application fails to provide additional financial information explaining Plaintiff's financial situation such that the Court can determine whether she should be excused from paying the filing fee in this action. This includes a clarification as to how frequently Plaintiff receives $480.00 (weekly, monthly, etc.) and whether she receives the amount for work or as part of a separate program. If Plaintiff wishes to refile a Motion to Proceed in forma pauperis, Plaintiff shall file it using the long form, AO 239, in order to respond to all categories of income, assets, and expenses. The Court does not credit Plaintiff's current application without further explanation. Any renewed application to proceed in forma pauperis must be submitted by Plaintiff within twenty-one (21) days or the action will be subject to dismissal for failure to prosecute. The Clerk is hereby directed to send Plaintiff a copy of this Order and a blank AO 239 form. Additionally, Plaintiff's #6 Motion to Request Counsel is DENIED without prejudice. Plaintiff contends that since she has a limited education and has filed a Motion to Proceed in forma pauperis, she is unable to adequately represent herself. In considering Plaintiff's Motion, the Court asks "(1) has the indigent Plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it [her]self?" Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (citing Farmer v. Haas, 990 F.2d 319, 321-22 (7th Cir. 1993)). Here, Plaintiff has failed to demonstrate that she has made any reasonable attempts to find external counsel independently. Additionally, even without a post-High School education, Plaintiff appears competent to handle this case on her own, as the claims outlined in her Complaint appear straightforward and lacking in complexity. Accordingly, Plaintiff's Motions #5 and #6 are DENIED WITHOUT PREJUDICE at this time. Entered by Michael M. Mihm on 10/01/2018. (JA, ilcd) |
| Filing 7 Summons Issued as to Freedom Oil Company. (JS, ilcd) |
| Filing 6 MOTION to Request Counsel by Plaintiff Jacqueline J Medley. Responses due by 10/3/2018 (JS, ilcd) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jacqueline J Medley. Responses due by 10/3/2018 (JS, ilcd) |
| Filing 4 AMENDED COMPLAINT against Shell/Freedom, filed by Jacqueline J Medley. (Attachments: #1 Exhibit)(JS, ilcd) |
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Filing 3
ORDER entered by Judge Michael M. Mihm on 8/30/2018. The Court does not find the Complaint to be frivolous or malicious on its face. From a procedural standpoint, Plaintiff received a right to sue letter from the EEOC. Accordingly, the Application to Proceed in forma pauperis (ECF No. #2 ) is GRANTED. Plaintiff is DIRECTED to provide the Clerk of the Court the address for service of the Defendant within 21 days of this Order. Once the information is received, the Clerk of the Court is directed to issue summons for the Defendants and have service made through the United States Marshal services. SEE FULL WRITTEN ORDER. (JS, ilcd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jacqueline J Medley. Responses due by 9/11/2018 (SAG, ilcd) |
| Filing 1 COMPLAINT against Shell/Freedom, filed by Jacqueline J Medley.(SAG, ilcd) |
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