Smith v. Local 10
| Michael Louis Smith |
| Carpenters Union Local 10, Kevin McLaughlin and Tony Sirico |
| 1:2013cv01717 |
| March 6, 2013 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on February 28, 2014. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 47 ENTERED JUDGMENT on 2/28/2014:Mailed notice(slb, ) |
| Filing 46 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff did not appear. Defense counsel reported that Plaintiff did not respond to Defendants' interrogatories and request for production by 02/27/2014 as ordered by the Court. Nor had Plaintiff contacted anyone in defense counsel's office at all. For Plaintiff's failure to comply discovery and for the reasons stated in open court, as previously warned, this action is dismissed for lack of prosecution. Civil case terminated. Mailed notice (slb, ) |
| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Defendants' motion to compel discovery responses #43 . Plaintiff did not appear. For the reasons stated in open court, Defendants' motion #43 is granted. Plaintiff shall respond by 02/27/2014 to the specified Interrogatories and Requests for Production. Status hearing of 03/17/2014 is reset to 02/28/2014 at 9:00 a.m. Plaintiff must deliver the discovery responses to Defendants' counsel by 02/27/2014 and must appear at the status hearing or else risk dismissal of the case for lack of prosecution. Mailed notice (slb, ) |
| Filing 44 NOTICE of Motion by Terrance Bryan McGann for presentment of motion to compel #43 before Honorable Edmond E. Chang on 2/20/2014 at 08:30 AM. (McGann, Terrance) |
| Filing 43 MOTION by Defendants Carpenters Union Local 10, Kevin McLaughlin, Tony Sirico to compel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McGann, Terrance) |
| Filing 42 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff did appear in court, and reported that he signed a retainer agreement with attorney Jemelle Cunningham, although they are still finalizing the retainer itself. Plaintiff's counsel must promptly file an appearance on the docket as soon as the retainer is finalized. Whether counsel is formally retained or not, in light of the fact that almost three months has passed since the withdrawal of Plaintiff's prior counsel, the fact discovery deadline is extended to a firm date of 03/10/2014, which should be enough time to finish the remaining depositions (the defense reported that it has two more to take, and Plaintiff had noticed up two depositions). Status hearing set for 03/17/2014 at 8:30 a.m. (lcw, ) |
| Filing 41 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Pro se Plaintiff Michael Smith did not appear. Status hearing set for 12/23/2013 at 9:30 a.m. Plaintiff must appear at the status hearing or else risk dismissal of the case for lack of prosecution. For over 2 months now the case has been on hold as Plaintiff tries to find another attorney. The case must progress forward, and discovery must finish, even if Plaintiff is unable to hire an attorney. This entry shall be mailed to Plaintiff's address on the record. Mailed notice (slb, ) |
| Filing 40 PRO SE Appearance by Plaintiff Michael Louis Smith (mr, ) |
| Filing 39 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Pro se Plaintiff Michael Smith appeared in court and reported that attorney Jemelle D. Cunningham has verbally agreed to take the case. Attorney Cunningham should file her appearance as soon as possible after she has been retained. Status hearing set for 12/12/2013 at 9:00 a.m. The parties' counsel must confer before the next status hearing on a proposed discovery schedule going forward, or better yet, whether the parties wish to have a settlement-conference referral (and the parties must discuss settlement amongst themselves as well). Mailed notice (slb, ) |
| Filing 38 MINUTE entry before Honorable Edmond E. Chang: At tomorrow's status hearing, if Plaintiff still has not retained a lawyer, then the Court will set a further discovery schedule, as noted during the prior hearing. However, the Court will also discuss with the parties whether a settlement-conference referral to the magistrate judge is sensible, including the possibility of appointing a lawyer through the Settlement Assistance Program for the limited purpose of representing Plaintiff at a settlement conference. Defendant shall try to be ready to state whether the client would be willing to participate in a settlement conference. Mailed notice (slb, ) |
| Filing 37 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Pro se Plaintiff Michael Smith appeared in court and reported that an attorney Jemelle D. Cunningham is reviewing Plaintiff's case and will decide by November 1, 2013 if she will take the case. Status hearing set for 11/13/2013 at 9:00 a.m. As stated in open court, if Plaintiff has not found an attorney by that date, the Court might need to move the case forward despite that absence. Mailed notice (slb, ) |
| Filing 36 MINUTE entry before Honorable Edmond E. Chang: Motion hearing held on Ms. Elizabeth Tate's motion to withdraw as counsel on behalf of Plaintiff Michael Smith. #34 . Plaintiff Michael Smith appeared in court. Because of the need to inquire into the attorney-client relationship, the Court held an ex parte and under seal hearing with Plaintiff and Plaintiff's counsel concerning the motion. For the reasons stated during the ex parte and under seal hearing, the motion #34 is granted. In order to allow Plaintiff time to retain new counsel, the status hearing is continued to 10/30/2013 at 9:30 a.m. As stated in open court, if Plaintiff is unable to retain new counsel by that date, he should be prepared to describe his diligent efforts, and the Court will likely give more time to find an attorney (but at some point, the case must move on). Discovery is suspended until further order of court. Mailed notice (slb, ) |
| Filing 35 NOTICE of Motion by Elizabeth Diane Tate for presentment of motion to withdraw as attorney #34 before Honorable Edmond E. Chang on 9/30/2013 at 08:30 AM. (Tate, Elizabeth) |
| Filing 34 MOTION by counsel for Plaintiff Michael Louis Smith to withdraw as attorney (Tate, Elizabeth) |
| Filing 33 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Counsel for both sides reported on the progress of discovery, including the taking of some depositions but the need for five more. For the reasons stated in open court, fact discovery is extended to 11/20/2013. Status hearing set for 12/04/2013 at 8:30 a.m. At that status hearing, the parties must be prepared to discuss whether to hold a settlement conference with the magistrate judge before moving onto dispositive motions or trial. Mailed notice (slb, ) |
| Filing 32 MINUTE entry before Honorable Edmond E. Chang: At the upcoming status hearing, in addition to checking on the progress of fact discovery, which closed on 10/03/2013, the parties should be prepared to discuss whether to take a pause in discovery for a settlement conference. Mailed notice (slb, ) |
| Filing 31 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. The parties reported that Plaintiff produced written discovery, and Plaintiff recently issued discovery requests. Discovery is moving along smoothly. Status hearing is continued to 9/3/2013 at 8:30 a.m. At any time before the next status hearing, the parties may jointly call the courtroom deputy for a settlement referral to the magistrate judge, and (if the parties wish) the discovery deadline will be extended for the time spent on the referral. Mailed notice (slb, ) |
| Filing 30 MINUTE entry before Honorable Edmond E. Chang: Plaintiff's unopposed motion to file #27 second amended complaint is granted (it has already been filed and answered). Plaintiff's earlier motion to amend #15 is terminated as moot. Status hearing of 07/03/2013 at 8:30 a.m. remains in place as previously scheduled, to check on discovery. Mailed notice (slb, ) |
| Filing 29 Defendants' ANSWER to amended complaint by Carpenters Union Local 10, Kevin McLaughlin, Tony Sirico(McGann, Terrance) |
| Filing 28 ATTORNEY Appearance for Defendants Carpenters Union Local 10, Kevin McLaughlin, Tony Sirico by Karen M Rioux (Rioux, Karen) |
| Filing 27 MOTION by Plaintiff Michael Louis Smith to amend/correct amended complaint #26 (Tate, Elizabeth) |
| Filing 26 Second AMENDED complaint by Michael Louis Smith against Carpenters Union Local 10, Kevin McLaughlin, Tony Sirico (Attachments: #1 Exhibit One)(Tate, Elizabeth) |
| Filing 25 MINUTE entry before Honorable Edmond E. Chang: Defendants noticed a motion for presentment for May 20, 2013 at 8:30 a.m. to Dismiss Plaintiff's complaint #21 Defendant did not appear. Defendants' motion to dismiss #21 is denied without prejudice for Defendants' failure to present the motion. Discovery must move forward (and in any event, even if Defendants had appeared to present the motion, the Court was almost surely going to permit the Title VII claim to survive and for discovery to continue on at least that claim). Mailed notice (slb, ) |
| Filing 24 RESPONSE by Plaintiff Michael Louis Smith to motion to dismiss #21 (Tate, Elizabeth) |
| Filing 23 NOTICE of Motion by Gregory Nathan Freerksen for presentment of motion to dismiss #21 before Honorable Edmond E. Chang on 5/20/2013 at 08:30 AM. (Freerksen, Gregory) |
| Filing 22 MEMORANDUM in Support of Motion to Dismiss Pursuant to Rules 12(b)(6), 8(a) and 10(b) (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1 of 2), #3 Exhibit B (Part 2 of 2))(Freerksen, Gregory) |
| Filing 21 MOTION by Defendants Tony Sirico, Carpenters Union Local 10, Kevin McLaughlin to dismiss pursuant to Rules 12(b)(6), 8(a) and 10(b) (Freerksen, Gregory) |
| Filing 20 SUMMONS Returned Executed by Kevin McLaughlin as to Kevin McLaughlin on 4/29/2013, answer due 5/20/2013. (Tate, Elizabeth) |
| Filing 19 SUMMONS Returned Executed by Michael Louis Smith as to Tony Sirico on 4/29/2013, answer due 5/20/2013. (Tate, Elizabeth) |
| Filing 18 Corrected AMENDED complaint by Michael Louis Smith against Carpenters Union Local 10, Kevin McLaughlin, Tony Sirico (Attachments: #1 Exhibit one)(Tate, Elizabeth) |
| SUMMONS Issued as to Defendants Kevin McLaughlin, Tony Sirico (mmy, ) |
| Filing 17 AMENDED complaint by Michael Louis Smith against Carpenters Union Local 10, Kevin McLaughlin, Tony Sirico (Tate, Elizabeth) |
| Filing 16 AMENDED complaint by Michael Louis Smith against Michael Louis Smith (Tate, Elizabeth) |
| Filing 15 MOTION by Plaintiff Michael Louis Smith for leave to file amended complaint with two new defendants (Tate, Elizabeth) |
| Filing 14 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Leave of court is given to Plaintiff to file an amended complaint, adding Section 1981 and LMRA claims, on or before 04/22/13. Defendant's answer to the amended complaint is due on or before 05/16/13. Rule 26(a)(1) disclosures due 04/22/13. Written discovery may start issuing on 04/22/13. Fact discovery deadline set for 10/3/13. All discovery requests and subpoenas must be issued far enough in advance of the deadline to complete discovery that date. Under Rule 16(b), any amendments to pleadings or actions to join other parties shall be filed on or before 08/05/13. Status hearing set for 07/03/13 at 8:30 a.m., by which time hopefully all written discovery will be done. Anytime before the status hearing, the parties may jointly call for a settlement referral to the magistrate judge.Mailed notice (slb, ) |
| Filing 13 MINUTE entry before Honorable Edmond E. Chang: At the Court's request, and with the parties' agreement, the status hearing of 04/15/13 is reset from 8:30 a.m. to 9 a.m. Judicial staff mailed notice (gl, ) |
| Filing 12 STATUS Report Initial by Carpenters Union Local 10 (McGann, Terrance) |
| Filing 11 NOTICE by Carpenters Union Local 10 re answer to complaint #10 (McGann, Terrance) |
| Filing 10 ANSWER to Complaint by Carpenters Union Local 10(McGann, Terrance) |
| Filing 9 ATTORNEY Appearance for Defendant Carpenters Union Local 10 by Amy Paluch Epton (Epton, Amy) |
| Filing 8 ATTORNEY Appearance for Defendant Carpenters Union Local 10 by Gregory Nathan Freerksen (Freerksen, Gregory) |
| Filing 7 ATTORNEY Appearance for Defendant Carpenters Union Local 10 by Terrance Bryan McGann (McGann, Terrance) |
| Filing 6 MINUTE entry before Honorable Edmond E. Chang: Status hearing set for April 15, 2013 at 8:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Mailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 5 SUMMONS Returned Executed by Michael Louis Smith as to Carpenters Union Local 10 on 3/12/2013, answer due 4/2/2013. (Tate, Elizabeth) |
| Filing 4 NOTICE by Elizabeth Diane Tate of Change of Address (Tate, Elizabeth) |
| Filing 3 ATTORNEY Appearance for Plaintiff Michael Louis Smith by Elizabeth Diane Tate (Tate, Elizabeth) |
| Filing 2 CIVIL Cover Sheet (Tate, Elizabeth) |
| Filing 1 COMPLAINT filed by Michael Louis Smith; Jury Demand. Filing fee $ 350, receipt number 0752-8114215.(Tate, Elizabeth) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (nsf, ) |
| SUMMONS Issued as to Defendant Carpenters Union Local 10 (jh, ) |
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