Simmons v. Jack's Cafe et al
| Kenneth Simmons |
| Jack's Cafe, John Doe and Catherine Keiser |
| 1:2020cv01284 |
| August 3, 2020 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| Defendant |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 MOTION for Service of Complaint by Plaintiff Kenneth Simmons. Responses due by 10/13/2020 (JS, ilcd) |
| Filing 9 DEMAND for Trial by Jury by Jack's Cafe. (Gilfillan, Mitch) |
| Filing 8 NOTICE of Appearance of Attorney by Mitch M Gilfillan on behalf of Jack's Cafe (Gilfillan, Mitch) |
| Filing 7 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Catherine Keiser on 9/29/2020. (JS, ilcd) |
TEXT ORDER granting #6 the Plaintiff's Motion to Join, construed as a motion to amend his Complaint #1 . The Clerk is directed to substitute Catherine Keiser for John Doe as a defendant in this case. The Clerk is further directed to send notice of lawsuit and waiver of service of summons as well as a copy of the Complaint to Defendant Keiser. Entered by Magistrate Judge Jonathan E. Hawley on 9/24/2020. (KZ, ilcd)
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| Filing 6 MOTION to Add Defendant, Filed by Plaintiff Kenneth Simmons. Responses due by 9/17/2020 (AEM, ilcd) |
| Filing 5 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Jack's Cafe on 8/17/2020. (JS, ilcd) |
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TEXT ORDER entered by Judge Michael M. Mihm on 8/17/2020 GRANTING Plaintiff's #2 Motion for Leave to Proceed in forma pauperis. On August 3, 2020, Plaintiff filed the aforementioned motion along with an AO 239 long form outlining his current sources of income and liabilities. Id. According to Plaintiff's Motion, he relies on his spouse's income of $1169 a month and that his monthly expenses exceed his income. When a plaintiff seeks leave to proceed in forma pauperis, his complaint is subject to review by the district court. See 28 U.S.C. 1915(e)(2). The district court shall dismiss the case if the court determines that the action is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B)(i)-(iii). Here, the Court finds Plaintiff has provided sufficient information to proceed in forma pauperis. Additionally, the Court finds Plaintiff's complaint sufficiently pleads several causes of action, as the Court takes all well-pleaded allegations as true and liberally construes all reasonable inferences in Plaintiff's favor. Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008). Accordingly, Plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. The Clerk of Court is directed to send notice of lawsuit and waiver of service of summons to the Defendants. (JS, ilcd)
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Filing 4
ORDER entered by Judge Michael M. Mihm on 8/5/2020. Accordingly, to the extent that Plaintiff seeks a Temporary Restraining Order #3 , that motion is DENIED. To the extent that Plaintiff seeks a Preliminary Injunction, the motion remains pending. The Court will wait for Defendants to be served and respond to the complaint before setting a deadline for a response. SEE FULL WRITTEN ORDER. (JS, ilcd)
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| Filing 3 MOTION for Permanent Injunction by Plaintiff Kenneth Simmons. Responses due by 8/17/2020 (AEM, ilcd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Kenneth Simmons. Responses due by 8/17/2020 (AEM, ilcd) |
| Filing 1 COMPLAINT against John Doe, Jack's Cafe, filed by Kenneth Simmons.(AEM, ilcd) |
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