Franco v. Thrush
| Adam Franco |
| Shawn Thrush |
| 1:2024cv01143 |
| April 11, 2024 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 ANSWER to #16 Amended Complaint by Shawn Thrush.(Robbin, Daniel) |
| Filing 30 NOTICE of Appearance of Attorney by Daniel Noah Robbin on behalf of Shawn Thrush (Robbin, Daniel) |
| Filing 29 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-14525. |
| Filing 28 TRANSFERRED to the USDC Central District of Illinois the electronic record. (jn,) |
| Filing 27 MINUTE entry before the Honorable Joan H. Lefkow: Uncontested motion by defendant Shawn Thrush #19 to sever claims in this matter is granted. The Eighth Amendment excessive-force claim is hereby severed from the complaint and shall be transferred to the Central District of Illinois. Only Count II will be transferred. The Clerk of Court is directed to send a copy of this order forthwith, along with an electronic copy of the docket to the Central District of Illinois. Count I of the complaint will remain pending before this court, and a status hearing/scheduling conference is set for 4/17/2024 at 9:30 a.m. in courtroom 2201 on Count I. The status hearing set for 4/3/2024 is stricken. Mailed notice (ags) |
| Filing 26 ANSWER to amended complaint , jury demand, and affirmative defense by Cherryle Hinthorne, Cathy Smith, Gray Syntynese(Robbin, Daniel) |
| Filing 25 MINUTE entry before the Honorable Joan H. Lefkow: Motion for extension of time to answer #24 is granted. Defendants Cherryle Hinthorne, Syntynese Gray, and Cathy J. Smith shall answer or otherwise plead to the amended complaint by 3/18/2024. The status hearing set for 3/13/2024 is stricken and reset to 4/3/2024 at 9:30 a.m. in courtroom 2201. Mailed notice (ags) |
| Filing 24 MOTION by Defendants Cherryle Hinthorne, Cathy Smith, Gray Syntynese for extension of time to file answer regarding amended complaint #16 (Robbin, Daniel) |
| Filing 23 ATTORNEY Appearance for Defendants Cherryle Hinthorne, Cathy Smith, Gray Syntynese by Daniel Noah Robbin (Robbin, Daniel) |
| Filing 22 REPLY by Shawn Thrush to response to motion, #21 (Robbin, Daniel) |
| Filing 21 RESPONSE by Adam Franco to MOTION by Defendant Shawn Thrush to sever Count I (excessive force) MOTION by Defendant Shawn Thrush to transfer case as to Count I only to Central District of Illinois #19 Sever and Transfer Count II Not Count I (Sadelski, Peter) |
| Filing 20 MINUTE entry before the Honorable Joan H. Lefkow: Defendants' response to the motion to sever count II and the motion to transfer case #19 is due by 2/16/2024; plaintiff's reply is due by 2/23/2024. Mailed notice (ags) |
| Filing 19 MOTION by Defendant Shawn Thrush to sever Count I (excessive force) , MOTION by Defendant Shawn Thrush to transfer case as to Count I only to Central District of Illinois (Attachments: #1 Exhibit Declaration of Shawn Thrush)(Robbin, Daniel) |
| Filing 18 MINUTE entry before the Honorable Joan H. Lefkow: The status hearing set for 1/31/2024 is stricken and reset to 3/13/2024 at 9:30 a.m. in courtroom 2201. Mailed notice (ags) |
| Filing 17 WAIVER OF SERVICE returned executed by Adam Franco. Cherryle Hinthorne waiver sent on 1/4/2024, answer due 3/4/2024. (Sadelski, Peter) |
| Filing 16 AMENDED complaint by Adam Franco against All Defendants and terminating Unknown and Unnamed Illinois Department of Corrections Employees (Sadelski, Peter) |
| Filing 15 MINUTE entry before the Honorable Joan H. Lefkow: Motion for leave to file amended complaint #14 is granted. The amended complaint shall be filed as a separate docket entry. Defendants shall answer or otherwise plead to the amended complaint by 1/23/2024. Motion to dismiss #8 is denied without prejudice to repleading in response to the amended complaint. A status hearing is set for 1/31/2024 at 9:45 a.m. in courtroom 2201. Mailed notice (ags) |
| Filing 14 MOTION by Plaintiff Adam Franco for leave to file amended complaint in lieu of responding to Defendant Thrush's combined motion to sever Count II, dismiss, and transfer venue (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Sadelski, Peter) |
| Filing 13 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 12 NOTICE by Daniel Noah Robbin of Change of Address (Robbin, Daniel) |
| Filing 11 MINUTE entry before the Honorable Joan H. Lefkow: Motion for extension of time #10 is granted. Plaintiff's response to the motion to dismiss #8 is extended to be due by 12/29/2023; defendant's reply is due by 1/5/2024. Mailed notice (ags) |
| Filing 10 MOTION by Plaintiff Adam Franco for extension of time to file response/reply as to motion to dismiss,, motion to transfer case,, motion to sever, #8 Unopposed (Sadelski, Peter) |
| Filing 9 MINUTE entry before the Honorable Joan H. Lefkow: Plaintiff's response to the motion to dismiss, transfer and sever #8 is due by 12/15/2023. Defendants' reply is due by 12/22/2023. Status hearing set for 12/13/2023 is stricken. Mailed notice (ags) |
| Filing 8 MOTION by Defendant Shawn Thrush to dismiss for improper venue under FRCP 12(b)(3) , MOTION by Defendant Shawn Thrush to transfer case to Central District of Illinois , MOTION by Defendant Shawn Thrush to sever (in alternative) Count II, and to Transfer to Central District of Illinois (Attachments: #1 Exhibit Declaration of Shawn Thrush)(Robbin, Daniel) |
| Filing 7 ATTORNEY Appearance for Defendant Shawn Thrush by Daniel Noah Robbin (Robbin, Daniel) |
| Filing 6 WAIVER OF SERVICE returned executed by Adam Franco. Shawn Thrush waiver sent on 10/6/2023, answer due 12/5/2023. (Sadelski, Peter) |
| Filing 5 MINUTE entry before the Honorable Joan H. Lefkow: Initial status hearing is set for 12/13/2023 at 9:30 a.m. in courtroom 2201. Mailed notice (ags) |
| Filing 4 ATTORNEY Appearance for Plaintiff Adam Franco by Edward M. Fox (Fox, Edward) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mek) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Keri L Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (mek,) |
| Filing 3 CIVIL Cover Sheet (Sadelski, Peter) |
| Filing 2 ATTORNEY Appearance for Plaintiff Adam Franco by Peter T Sadelski (Sadelski, Peter) |
| Filing 1 COMPLAINT filed by Adam Franco; Jury Demand. Filing fee $ 402, receipt number AILNDC-21188977.(Sadelski, Peter) |
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| Plaintiff: Adam Franco | |
| Represented By: | Edward M Fox |
| Represented By: | Peter Sadelski |
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| Defendant: Shawn Thrush | |
| Represented By: | Daniel Noah Robbin |
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