Lela v. Dart et al
| Ioan Lela |
| Jane Doe, John Doe, Thomas J. Dart, Michael Miller, Michael Carberry, Martha Yoksoullian and Karen James Hayes |
| 1:2018cv04058 |
| June 11, 2018 |
| U.S. District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Matthew F Kennelly |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on August 2, 2024. A more recent docket listing may be available from PACER.
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Filing 139
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff Ioan Lela has moved to withdraw his previous jury demand and have the case proceed as a bench trial. However defendants have also demanded a jury trial as is their right under the Seventh Amendment to the U.S. Constitution. So unless defendants also withdraw their jury demand the case will proceed as a jury trial if it becomes necessary to hold a trial. See Fed. R. Civ. P. 38(d). Mailed notice. (mma, )
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Filing 138
MOTION by Plaintiff Ioan Lela to vacate his prior jury demand and to grant a bench trial pursuant to FRCP Rule 39 (A)(2); Notice. (Envelope postmark 10/2/2023) (ph, )
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Filing 137
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file his pretrial memorandum is granted #134 . As stated during the 9/22/2023 status hearing defendants need not file a response to the memorandum at this time. Mailed notice. (mma, )
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Filing 136
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 9/22/2023. Attorney Touhy's motion to withdraw from assignment #129 is granted. The Clerk is directed to terminate the appearances of Attorneys John Michael Touhy and Devin Franklin James Haymond from the docket. The Clerk is also directed to add the plaintiff's address to the docket: Ioan Lela, No. Y-49071, Western Illinois Correctional Center, 2500 Rt. 99 South, Mount Sterling, IL 62353. Plaintiff's Rule 26(a)(2) disclosure deadline is moved to 11/22/2023. All other deadlines are vacated. A telephonic status hearing is set for 12/4/2023 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
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Filing 132
MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic status hearing set for 9/26/2023 is vacated due to the fact that the case is now set for a telephonic hearing on 9/22/2023. (mk)
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Filing 135
NOTICE of Motion by Ioan Lela for presentment of motion for leave to file #134 before Honorable Matthew F. Kennelly on 9/22/2023 at 08:40 AM. (rc, )
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Filing 134
MOTION by Plaintiff Ioan Lela for leave to file, instanter, his attached pro se pre-trial memorandum with supporting exhibits pursuant to FRCP 16(c)(2) and Local Rule 16.1. (rc, )
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Filing 133
PRE-TRIAL MEMORANDUM PURSUANT TO FRCP RULE 16(C)(2) by Plaintiff Ioan Lela. (Exhibits) (ph, )
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Filing 131
STATUS Report (JOINT) by Ioan Lela (Touhy, John)
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Filing 130
MINUTE entry before the Honorable Matthew F. Kennelly: The motion by recruited counsel for plaintiff to withdraw is set for a telephonic hearing on 9/22/2023 at 8:40 AM. Counsel are directed to promptly make arrangements for plaintiff Ioan Lela to participate by telephone in the hearing. (mk)
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Filing 129
MOTION to withdraw from assignment pursuant to Local Rule 83.38 for Ioan Lela. (Haymond, Devin)
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Filing 128
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motion hearings held on 6/28/2023. Plaintiff's motion for leave to file #125 is granted. Plaintiff's Rule 26(a)(2) disclosures are due 8/28/2023. Defendants' Rule 26(a)(2) disclosures are to be made by 10/30/2023. Expert discovery cutoff date is 12/15/2023. Deadline for filing dispositive motions is 1/26/2024. A telephonic status hearing is set for 9/26/2023 at 8:45 a.m. The parties are directed to file a joint status report by 9/19/2023. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
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Filing 127
STATUS Report JOINT STATUS REPORT by Ioan Lela (Haymond, Devin)
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Filing 126
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9:05 AM on 7/6/2023 is advanced to 8:45 AM on that same date. Plaintiff's motion for leave to serve requests to admit will be addressed at that time. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk)
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Filing 125
MOTION by Plaintiff Ioan Lela for leave to file Requests to Admit (Attachments: #1 Exhibit 1)(Haymond, Devin)
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Filing 124
MINUTE entry before the Honorable Matthew F. Kennelly: Based on Judge Cox's termination of the settlement referral, the telephonic status hearing before Judge Kennelly set for 7/6/2023 is vacated and advanced to 6/28/2023 at 9:05 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Counsel are directed to confer regarding a schedule for management of the case going forward and are to file a joint status report in this regard on 6/27/2023. (mk)
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Filing 123
MINUTE entry before the Honorable Susan E. Cox: After further communications with counsel for Plaintiff, the Court is not convinced that the 6/29/2023 settlement conference is likely to be fruitful at this juncture. Therefore, the 6/29/2023 settlement conference is hereby stricken. The settlement referral is hereby terminated. (rbf, )
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Filing 122
MINUTE entry before the Honorable Susan E. Cox: Off-the-record conference held today with counsel for both sides. The Court was further advised on the parties' settlement positions. Plaintiff's counsel will endeavor to have additional communication with his client concerning the same, and Plaintiff's counsel is to inform the Court by COB on 6/22/2023 as to the result of those communications (via email to Judge Cox's law clerk Kelly Fox at [email protected]). The Court will then decide whether the 6/29/2023 settlement conference will proceed. (rbf, )
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Filing 121
MINUTE entry before the Honorable Susan E. Cox:Judge Cox has reviewed the parties' settlement letters and subsequent emails with the Court about the same. This matter is hereby set for an off-the-record telephonic hearing concerning settlement on 6/14/2023 at 10:30 a.m. Call in information is 888-684-8852 and the passcode is 1664086. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. (rbf, )
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Filing 120
STATUS Report Joint Status Report by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian Presented before Magistrate Judge (Cassis, Cory)
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Filing 119
MINUTE entry before the Honorable Matthew F. Kennelly: Based on Judge Cox's setting of a settlement conference in late June, the telephonic status hearing before Judge Kennelly set for 5/18/2023 is vacated and reset to 7/6/2023 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A joint status report is to be filed on 6/30/2023. (mk)
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Filing 118
MINUTE entry before the Honorable Susan E. Cox: Settlement conference set for 6/29/2023 at 2:00 p.m. This date is final and can only be changed by the granting of a motion. The parties are ordered to continue to make settlement progress on their own before the conference. In addition to complying with Judge Cox's Standing Order on Settlement Conferences in all other material ways (particularly with respect to itemization and compromise), the parties' letters should reflect the settlement history to date, including all prior demands/offers. Plaintiff's current demand letter is to be provided to opposing counsel and Judge Cox's proposed order inbox by 6/1/2023. Defendant's current offer letter is to be provided to opposing counsel and Judge Cox's proposed order inbox by 6/15/2023. Judge Cox reminds the parties that all persons with authority must be present on the virtual settlement conference for the duration. The parties agree to allow Judge Cox to conduct ex-parte settlement discussions if necessary. Additional information and instructions about the virtual settlement conference will be forthcoming in the days before the conference. (rbf, )
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Filing 117
MINUTE entry before the Honorable Susan E. Cox: An off-the-record pre-conference telephone call is set for 4/27/23 at 10:30 a.m. for the purpose of scheduling a settlement conference. The counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Counsel should review Judge Cox's Standing Order on Settlement conferences prior to the call. Call in information is 888-684-8852 and the passcode is 1664086. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. (rbf, )
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Filing 116
EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Susan E. Cox for settlement conference. Signed by Executive Committee on 4/21/2023.(rp, )
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Filing 115
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/20/2023. Case is referred to a Magistrate Judge to be designated for the purpose of conducting a settlement conference. A telephonic status hearing is set for 5/18/2023 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
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Filing 114
STATUS Report Joint by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian (Edwards, Calvin)
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Filing 113
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephonic status hearing set for 2/28/2023 is vacated and reset to 4/20/2023 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A further joint status report on the progress of discovery and any developments regarding settlement is to be filed on 4/13/2023. (mk)
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Filing 112
STATUS Report Joint by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian (Edwards, Calvin)
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Filing 111
HIPAA QUALIFIED PROTECTIVE ORDER signed by the Honorable Matthew F. Kennelly on 2/10/2023: Agreed motion for protective order #110 is granted. Agreed motion to extend deadline #109 is also granted, to the following extent: the deadline for conducting all fact depositions is extended to 4/11/2023. All other deadlines remain as-is. (mk)
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Filing 110
MOTION by Defendants Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian for protective order unopposed pursuant to HIPAA (Edwards, Calvin)
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Filing 109
MOTION by Plaintiff Ioan Lela for extension of time for Party Depositions (Joint Motion) (Haymond, Devin)
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Filing 108
ATTORNEY Appearance for Defendants Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian by Calvin Edwards, Jr (Edwards, Calvin)
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Filing 107
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephonic status hearing set for 12/20/2022 is vacated and reset to 2/28/2023 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A further joint status report on the progress of discovery and any developments regarding settlement is to be filed on 2/21/2023. (mk)
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Filing 106
STATUS Report (JOINT) by Ioan Lela (Haymond, Devin)
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Filing 105
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion to take the deposition of Ioan Lela, who is imprisoned in the Illinois Department of Corrections, is granted #104 . (mk)
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Filing 104
MOTION by Defendants Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian to take deposition of Ioan Lela Unopposed (Cassis, Cory)
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Filing 103
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephonic status hearing set for 10/20/2022 is vacated and reset to 12/20/2022 at 9:05 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A further joint status report on the progress of discovery (including identification of anticipated persons to be deposed and expected dates) and any developments regarding settlement is to be filed on 12/13/2022. (mk)
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Filing 102
STATUS Report Joint Status Report by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian (Cassis, Cory)
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Filing 101
WITHDRAWING Joshua M. Fliegel as counsel for Plaintiff Ioan Lela and substituting Devin Franklin James Haymond as counsel of record (Haymond, Devin)
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Filing 100
ATTORNEY Appearance for Plaintiff Ioan Lela by Devin Franklin James Haymond (Haymond, Devin)
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Filing 99
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery schedule. Outstanding written discovery is to be completed by 9/2/2022. Any additional written discovery is to be completed by 11/18/'2022. Party depositions are to be completed by 2/10/2023. Fact discovery is to be completed by 3/31/2023. Rule 26(a)(2) disclosures are to be made by 5/20/2023. Expert discovery is to be completed by 7/31/2023. The telephonic status hearing set for 8/1/2022 is vacated and reset to 10/20/2022 at 9:05 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A further joint status report on the progress of discovery is to be filed on 10/13/2022. (mk)
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Filing 98
STATUS Report Joint Status Report by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian (Cassis, Cory)
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Filing 97
Individual Defendants ANSWER to amended complaint Second Amended Complaint with Affirmative Defenses by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian(Cassis, Cory)
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Filing 96
MINUTE entry before the Honorable Matthew F. Kennelly: The named defendants have moved to dismiss any individual capacity claims against them for failure to state a claim. The Court denies the motion #94 ; the second amended complaint, like its predecessor, sufficiently alleges each of the defendants' personal involvement in the claimed constitutional violation(s). The Court also disagrees with the contention in the motion that it previously approved only official capacity claims against the defendants. The Court's order reviewing the original complaint, in which plaintiff, then pro se, named as defendants Sheriff Dart and two then-unnamed defendants, a sanitation supervisor and the Division 11 superintendent, is relatively clear in assessing the sufficiency of allegations of these individuals' personal involvement in the claimed violation(s). The same is true of the order reviewing the first amended complaint. Though the Court expressly approved official-capacity claims against five defendants, it also noted that plaintiff appeared to be asserting individual-capacity claims against them, and the Court did not dismiss those claims and thus implicitly allowed them to proceed--which the Court now confirms was its intention at the time. (The Court notes in this regard that if it had been approving only official-capacity claims, there would have been no need for five named defendants, as an official-capacity claim against a named official amounts to a claim against the entity employing that official, which here likely was the same entity for each of the five.) For these reasons, the Court denies the motion to dismiss #94 . (mk)
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Filing 95
ANSWER to amended complaint Second Amended Complaint with Affirmative Defenses by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian(Cassis, Cory)
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Filing 94
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian Individual Capacity Claims (Cassis, Cory)
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Filing 93
SECOND AMENDED complaint by Ioan Lela against All Defendants (Touhy, John)
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Filing 92
MINUTE entry before the Honorable Matthew F. Kennelly: Agreed motion for extension of time #91 is granted. The deadlines previously set by the Court are reset as follows. Plaintiff has until 6/26/1022 to file a second amended complaint. Defendants' response to the second amended complaint is to be filed by 7/11/2022. Rule 26(a)(1) disclosures are to be made by 7/11/2022. The parties are directed to file a joint status report with a discovery schedule by 7/21/2022. A telephonic status hearing is set for 8/1/2022 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk)
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Filing 91
MOTION by Plaintiff Ioan Lela for extension of time Agreed Motion for Extension of Time (Fliegel, Joshua)
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Filing 90
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/5/2022. Plaintiff has until 5/26/2022 to file amended complaint. Defendant's response to the complaint is to be filed by 6/20/2022. Rule 26(a)(1) disclosures are to be made by 6/20/2022. The parties are directed to file a joint status report with a discovery schedule by 6/30/2022. A telephonic status hearing is set for 7/6/2022 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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Filing 89
ATTORNEY Appearance for Plaintiff Ioan Lela by Joshua Michael Fliegel (Fliegel, Joshua)
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Filing 88
ATTORNEY Appearance for Plaintiff Ioan Lela by John Michael Touhy (Touhy, John)
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Filing 87
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 3/15/2022. The Court informed the plaintiff that counsel has been appointed for him. A telephonic status hearing is set for 5/5/2022 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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MAILED a copy of the court order dated 3/11/2022 to plaintiff and attorney Touhy and forwarded to the Systems Department of the Northern District of Illinois, and the PACER Service Center at [email protected]. (exr, )
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Filing 86
ORDER: The status hearing set for 3/15/2022 will proceed as scheduled. However, given the nature of Plaintiff's claims, which likely require expert testimony, the Court grants Plaintiff's motion for attorney representation #84 . The Court requests that John M. Touhy, Baker & Hostetler LLP, One North Wacker Drive, Suite 4500, Chicago, 60606, tel: (312) 416-6277, represent Plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.).1 The Clerk is directed to send a copy of this order to Plaintiff, attorney Touhy, the Systems Department of the Northern District of Illinois, and the PACER Service Center at [email protected]. Mr. Touhy is requested to file an appearance within 10 days of the entry of this order. The scope of this lawsuit is set forth in the Court's order of June 10, 2021 #51 . Counsel is encouraged to visit the Court's Pro Bono web page at http://www.ilnd.uscourts.gov/Pages.aspx?page=ProBono (case sensitive) for various resources related to pro bono representation. Plaintiff is advised that pursuant to Local Rule 83.40 and the Regulations Governing the Prepayment & Reimbursement of Expenses of Court Assigned Counsel in Pro Bono Cases from the District Court Fund, any recovery (e.g., settlement, judgment, award of fees, or costs) in excess of $50,000 requires reimbursement to the District Court Fund from such recovery for amounts paid on behalf of the receiving party in excess of $5,000. Plaintiff's application to proceed in forma pauperis for the purpose of attorney representation #85 is granted. Signed by the Honorable Matthew F. Kennelly on 3/11/2022. Mailed notice. (exr, )
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Filing 85
APPLICATION by Plaintiff Ioan Lela for leave to proceed in forma pauperis. (Exhibits). (jn, )
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Filing 84
MOTION by Plaintiff Ioan Lela for attorney representation (jn, )
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Filing 83
LETTER from Ioan Lela dated 2/20/2022. (Envelope postmark illegible) (kl, )
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MAILED the forms for a motion for attorney representation including the required financial affidavit to to the plaintiff at Graham Correctional Center (rp, )
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Filing 81
MINUTE entry before the Honorable Matthew F. Kennelly: The plaintiff, Ioan Lela, stated in his letter dated 2/1/2022 #80 that he did not receive the forms for a motion for attorney representation. The Clerk is directed to update the plaintiff's address to reflect that the following: Ioan Lela, #Y-49071, Graham Correctional Center, 12078 Illinois Route 185, Hillsboro, IL 62049. The Clerk is directed to mail to plaintiff the forms for a motion for attorney representation including the required financial affidavit to the plaintiff at Graham Correctional Center. Mailed notice. (mma, )
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Filing 82
LETTER from Iona Lela dated 2/4/2022. (Envelope postmark, not readable). (jn, )
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Filing 80
LETTER from Ioan Lee dated 2/1/2022. (Envelope postmark illegible) (kl, )
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Filing 79
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion to enlarge time is granted #78 . The deadline for defendants' answers to plaintiff's written discovery requests is extended to 2/17/2022. Mailed notice. (mma, )
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Filing 78
MOTION by Defendants Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian for extension of time for Responses to Written Discovery (Cassis, Cory)
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Filing 77
ORDER: The Court denies Plaintiff's motion to strike Defendant's affirmative defenses #73 for the reasons stated below. Signed by the Honorable Matthew F. Kennelly on 1/13/2022. Mailed notice (ma,)
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MAILED motion for attorney representation and financial affidavit to Ioan Lela (jn, )
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Filing 76
MINUTE entry before the Honorable Matthew F. Kennelly: Settlement conference held by video with party representatives participating on both sides. Settlement does not appear to be possible at this time. The Clerk is directed to mail to plaintiff the forms for a motion for attorney representation including the required financial affidavit. The time for each side to respond to the other side's written discovery requests is extended by 21 days. Telephonic status hearing is set for 3/15/2022 at 8:45 AM The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel are directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 75
MAIL RETURNED, for document #72 sent to Ioan Lela returned as undeliverable, return to sender. New address found, re-mailed to 10618 W. Monte Vista Rd. Avondale, AZ 85392 (jj, )
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Filing 74
LETTER from Plaintiff dated 12/18/21. (Envelope post marked 12/18/21) (rp, )
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Filing 73
MOTION by Plaintiff Ioan Lela to strike certain affirmative defense pursuant to F.R.C.P Rule 11. (Envelope postmark date 12/10/21). (gcy, )
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Filing 72
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 12/9/2021. Both sides are free to proceed with discovery. A video settlement conference is set for 1/4/2022 at 11:00 a.m. The Court will send out the video writ for the plaintiff by 12/17/2021, due to the plaintiff being transported to another facility. Mailed notice. (mma, )
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Filing 71
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/23/2021. Cook County Department Jail failed to make the plaintiff available for the hearing. A telephonic status hearing is set for 12/9/2021 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 70
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion to withdraw their PLRA exhaustion defense #69 is granted, and the previously set summary judgment briefing schedule is vacated. In light of the withdrawal of this defense, the telephonic status hearing set for 12/17/2021 is vacated and advanced to 11/23/2021 at 8:45 a.m., to discuss a schedule for further proceedings as well as the possibility of settlement. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. (mk)
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Filing 69
MOTION by Defendants Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian to withdraw Affirmative Defense on Exhaustion (Cassis, Cory)
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Filing 68
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/5/2021. Defendant's motion related to exhaustion is to be filed by 12/3/2021. Defendant's affirmative defense no. 5 is stricken due to it being a duplicate of affirmative defense no. 3. A telephonic status hearing is set for 12/17/2021 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 67
ANSWER to amended complaint with Affirmative Defenses by Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian(Cassis, Cory)
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Filing 66
WAIVER OF SERVICE returned executed by Karen James Hayes. Karen James Hayes waiver sent on 9/9/2021, answer due 11/8/2021. (ec, )
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Filing 65
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/9/2021 and continued 11/5/2021 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. All defendants' answers are due on 10/22/2021. Mailed notice. (mma, )
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Filing 64
ATTORNEY Appearance for Defendants Michael Carberry, Karen James Hayes by Cory James Cassis (Cassis, Cory)
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Filing 63
WAIVER OF SERVICE returned executed by Karen James Hayes. Karen James Hayes waiver sent on 7/29/2021, answer due 9/27/2021. (Cassis, Cory)
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Filing 62
ORDER: Defendant Dart's answer to the amended complaint was deferred until the newly added Defendants had been served. (See Dkt. 52.) All but one of the new Defendants have now returned completed waivers of service. (See Dkts. 57, 58, 59.) Defendant Dart shall answer the amended complaint by September 21, 2021. The Court notes Plaintiff filed a copy of the interrogatories he sent to the new Defendants. (Dkt. 60.) Plaintiff is reminded to send discovery requests and responses to defense counsel and not to file such records with the Court. Signed by the Honorable Matthew F. Kennelly on 9/1/2021: Mailed notice (gw, )
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Filing 61
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9/8/2021 is vacated and reset to 9/9/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 60
SECOND by Ioan Lela set of interrogatories pursuant to FRCP/Rule 33 for back named defendant (Exhibits) (Envelope postmarked 8/18/2021). (gw, )
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Filing 59
WAIVER OF SERVICE returned executed by Ioan Lela. Michael Carberry waiver sent on 8/23/2021, answer due 10/22/2021. (gw, )
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Filing 58
WAIVER OF SERVICE returned executed by Martha Yoksoullian. Martha Yoksoullian waiver sent on 7/29/2021, answer due 10/18/2021. (Cassis, Cory)
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Filing 57
WAIVER OF SERVICE returned executed by Michael Miller. Michael Miller waiver sent on 7/29/2021, answer due 10/18/2021. (Cassis, Cory)
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Filing 56
ATTORNEY Appearance for Defendants Michael Miller, Martha Yoksoullian by Cory James Cassis (Cassis, Cory)
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Filing 55
WAIVER OF SERVICE returned executed by U.S. Marshal's. Michael Miller waiver sent on 8/19/2021, answer due 10/18/2021; Martha Yoksoullian waiver sent on 8/19/2021, answer due 10/18/2021. (gw, )
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Filing 54
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/3/2021. Arrangements were not finalized to secure the plaintiff's appearance. The docket reflects that the newly added defendants have not yet been served with summons. A telephonic status hearing is set for 9/8/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 53
AMENDED complaint by Ioan Lela against Michael Carberry, Thomas J. Dart, Karen James Hayes, Michael Miller, Martha Yoksoullian. (Envelope not postmarked). (jn, )
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Filing 52
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 6/10/2021. The filing of an answer by defendant Thomas Dart is deferred until the other defendants in the case are served. A telephonic status hearing is set for 8/3/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 51
ORDER: Plaintiff may, to the extent set forth below, proceed on his amended complaint #50 . The Clerk of Court is directed to: (1) file Plaintiff's amended complaint #50 ; (2) add Michael Miller, Michael Carberry, Martha Yoksoullian, and Karen James Hayes as Defendants; (3) issue summonses for service of the amended complaint #50 on Defendants Miller, Carberry, Yoksoullian, and Hayes; and (4) send Plaintiff four blank USM-285 service forms and a copy of this order. Plaintiff must complete and return a USM-285 form for each Defendant by no later than July 2, 2021, because a completed form is required for service of summons. The U.S. Marshal is appointed to serve Defendants. The Marshal will not attempt service on a Defendant unless and until the required form for that Defendant is received. Although Plaintiff was not permitted to proceed in forma pauperis in this lawsuit, it appears he does not possess enough funds to pay for service. Therefore, service may proceed at government expense. See Fed. R. Civ. P. 4(c)(3). Plaintiff need not pay the deposit to the U.S. Marshal. Signed by the Honorable Matthew F. Kennelly on 6/10/2021. Mailed notice. (mma, )
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SUMMONS Issued as to Defendants Michael Carberry, Karen James Hayes, Michael Miller, Martha Yoksoullian (jn, )
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MAILED Copy of the order dated 6/10/2021 #51 and four blank USM-285 forms to plaintiff Ioan Lela. (mma, )
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Filing 49
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/6/2021 and continued to 6/10/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 50
RECEIVED Amended Complaint and no copies by Ioan Lela. (Notice of filing). (Envelope not postmarked). (jn, )
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Filing 48
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/1/2021 and continued to 5/6/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 47
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 3/5/2021. The parties reported on the status of discovery. A telephonic status hearing is set for 4/1/2021 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 46
PRELIMINARY Interrogatories pursuant to Rule 33 of the FRCP and the 1/5/21 docket Entry Order by Plaintiff Ioan Lela. (Envelope not postmarked) (ph, )
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MAILED out copy of order dated 01/05/2021 #45 and an amended complaint form to Plaintiff Ioan Lela (ec, )
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Filing 45
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/5/2021. Based on the complaint and the discussion at today's status hearing, the Court construes the complaint as asserting a claim, only a claim regarding the environmental conditions in Mr. Lela's cell. The allegations regarding isolation and medication are construed by the Court as relating to the injuries that Mr. Lela contends that he suffered as a result of the environmental conditions in the cell. For these reasons, the motion for partial summary judgment is moot #42 . Plaintiff needs to serve written interrogatories on defense counsel to learn the names of the jail personnel who are claimed to be directly responsible for the conditions in the plaintiff's cell. Plaintiff can ask to amend the complaint to add those people as defendants once plaintiff has learned of their identities. The Clerk is directed to send the plaintiff an amended complaint form. A telephonic status hearing is set for 3/5/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 44
Rule 56.2 Notice to Pro Se Litigant by Thomas J. Dart (Cassis, Cory)
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Filing 43
Rule 56.1 Statement of Facts STATEMENT by Thomas J. Dart (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cassis, Cory)
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Filing 42
MOTION by Defendant Thomas J. Dart for partial summary judgment On the Issue of Exhaustion of Administrative Remedies (Attachments: #1 Notice of Filing)(Cassis, Cory)
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Filing 41
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/6/2020. Defense counsel has until 12/18/2020 to file any motions relating to the failure to exhaust all or part of the plaintiff's claims. A telephonic status hearing is set for 1/5/2021 at 8:30 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 40
Amended Answer and Affirmative Defenses ANSWER to Complaint with Jury Demand by Thomas J. Dart(Cassis, Cory)
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Filing 39
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/13/2020. Defendant's affirmative defense number 3 is stricken with leave to amend by 10/27/2020. A telephonic status hearing is set for 11/6/2020 at 8:20 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Mailed notice. (mma, )
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Filing 38
MINUTE entry before the Honorable Matthew F. Kennelly: Due to the unavailability of the plaintiff, the telephonic status hearing set for 8:45 a.m. on 10/13/2020 is moved up to 8:20 a.m. on that date. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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Filing 37
SECOND STATUS Report by Ioan Lela (Envelope postmarked 9/23/2020) (bg, )
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Filing 36
STATUS Report Defendant's Amended Status Report by Thomas J. Dart (Cassis, Cory)
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Filing 35
STATUS Report by Thomas J. Dart (Cassis, Cory)
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Filing 34
MINUTE entry before the Honorable Matthew F. Kennelly: In April 2019, based on plaintiff's consent, this case was referred for an Early Access Relief (EAR) hearing. The hearing was originally scheduled for May 2019 but had to be rescheduled. After that nothing happened for a number of months. Then the pandemic intervened. EAR hearings have not been held for months. The case appears to have been in a state of limbo for about sixteen months. The Court needs to determine the status of the case and whether plaintiff Ioan Lela wishes to proceed with it. Mr. Lela and defense counsel are each directed to file a status report by 9/22/2020. The status report should describe the following: the status of the case; the status of any discussions about settlement; Mr. Lela's current custody status; and whether Mr. Lela wishes to proceed with the case. The case is set for a telephone status hearing on 10/13/2020 at 8:45 AM. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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Filing 33
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket)
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Filing 32
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, )
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Filing 31
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. (docket3, )
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Filing 30
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. (docket4, )
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Filing 29
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. (pj, )
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Filing 28
MAILED a copy of orders dated 9/4/2019 #27 and 5/23/2019 #25 to plaintiff (cc, )
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Filing 27
ORDER: The Court provides the following information in response to Plaintiff's letter asking about the status of this case, #26 . The Early Access to Relief (EAR) hearing scheduled for 5/23/19 did not occur because of time constraints. This case is on the list of cases for the next EAR hearing. That hearing, however, has not yet been set. The parties will be notified when the next EAR hearing is set. If Plaintiff no longer wants to attempt to settle this case at such a hearing and would prefer to proceed to discovery in this case, he should file a motion asking to remove this case from the EAR hearing list. The Clerk shall send both this order and Judge Kendall's 5/23/19 order #25 to Plaintiff. Signed by the Honorable Matthew F. Kennelly on 9/4/2019. Mailed notice (cc, )
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Filing 26
LETTER from Ioan Lela dated 8/8/2019. (Envelope postmarked 8/16/2019) (bg, )
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Filing 25
MINUTE entry before the Honorable Virginia M. Kendall. Early Access Relief Hearing not held on 5/23/2019 due to time constraints. Early Access Relief Hearing will be rescheduled for a new date. Attorney Matthew D Anderson is terminated for Plaintiff. Mailed notice (lk, )
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MAILED a copy of this order #24 to Plaintiff's attorney Matthew D. Anderson, the Systems Department of the Northern District of Illinois, and the PACER Service Center at http://www.pacer.psc.uscourts.gov/register.html. (kp, )
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Filing 24
MINUTE entry before the Honorable Virginia M. Kendall. Matthew D. Anderson has been recruited for the limited purpose of the May 23, 2019, EAR Hearing. Recruited counsel falls within the class of users listed in the Electronic Public Access fee schedule adopted by the Judicial Conference of the United States, therefore, counsel shall be exempt from the payment of fees for access via PACER to the electronic case files maintained in this court for the above-captioned case only. Recruited counsel is directed to open a separate PACER account to only be used for the above-captioned case, and fees are exempt for the above-captioned case only; he shall not be exempt from the payment of fees incurred in connection with other uses of the PACER system in this court. This exemption is valid immediately and for the duration of counsel's participation in the matter. This exemption may be revoked at the discretion of the Court at any time. Counsel shall contact the PACER Service Center at 1-800-676 6856 or via the link below to create the new PACER account and to make any necessary arrangements for the waiver. The Clerk is directed to send a copy of this order to Plaintiff, attorney Matthew D. Anderson, the Systems Department of the Northern District of Illinois, and the PACER Service Center at http://www.pacer.psc.uscourts.gov/register.html. Mailed notice (lk, )
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Filing 23
LIMITED APPEARANCE FORM as Early Access Relief Program Counsel by Matthew D Anderson for Plaintiff Ioan Lela (Anderson, Matthew)
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Filing 22
MINUTE entry before the Honorable Virginia M. Kendall. The Early Access and Review (EAR) Hearing is scheduled for May 23, 2019, at 10:00 a.m. in Courtroom 2319. The Court recruits Matthew D. Anderson of Freeborn & Peters LLP, 311 S. Wacker Drive, Suite 3000, Chicago, Illinois 60606, for the limited purpose of the EAR Hearing. Matthew D. Anderson is ordered to file a limited appearance in this matter by May 10, 2019. Matthew D. Anderson shall appear at Cook County Jail for the EAR Hearing. The Sheriff shall provide access to Matthew D. Anderson to meet with Plaintiff and access to the EAR Hearing. The Sheriff shall have Plaintiff available to participate at the EAR Hearing via video conference. The Sheriff shall also provide initial disclosure and limited discovery to Plaintiff's counsel and the Courtroom Deputy by May 20, 2019. The Sheriff shall notify the Court by May 20, 2019, as to any Plaintiff that may have been transferred outside of Cook County Jail custody and therefore unavailable for the hearing. Mailed notice (lk, )
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Filing 21
RESPONSE by Plaintiff Ioan Lela consenting to proceed under the EAR Program. (Envelope postmarked 2/6/19) (kp, )
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Filing 20
CERTIFICATE of Service by Plaintiff Ioan Lela. (Envelope postmarked 2/4/19) (kp, )
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Filing 19
ORDER: Because Plaintiff is still at the Cook County Jail and his claims involve adverse living conditions at the jail, this case is a candidate for settlement at one of the Court's Early Access to Relief (EAR) hearings. The Court shall send a letter to Plaintiff further describing the hearing and asking for his consent. Plaintiff will not forfeit any rights by consenting to an EAR hearing, and his claims may be addressed, and his case may be resolved, more quickly. The February 14, 2019 status hearing is stricken, and will be reset, if necessary, after Plaintiff decides whether to consent to an EAR hearing. Signed by the Honorable Matthew F. Kennelly on 2/1/2019. Mailed notice. (kp, )
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Filing 18
LETTER from Ioan Lela dated 1/28/19. (Exhibits) (Envelope postmarked 1/23/19)(Document illegible; kept as paper) (sm, )
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Filing 17
WITHDRAWING Raana V. Haidari as counsel for Defendant Thomas J. Dart and substituting Cory James Cassis as counsel of record (Cassis, Cory)
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Filing 16
MAILED Early Access and Relief (EAR) Program letter from U.S. District Court, Clerk of Court to Ioan Lela dated January 25, 2019. (Enclosure) (tg, )
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Filing 15
STATUS Report by Thomas J. Dart (Haidari, Raana)
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Filing 14
ORDER: Defendants has answered the complaint. By no later than January 24, 2019, each party is directed to file a status report that includes the following information: (1) the names of all persons who have information that the party may need to support its claims or defenses, and a short summary (2-3 sentences) of the topic(s) of the person's possible testimony; (2) a description, by category, of any documents that the party may need to obtain from the other side or from third parties to support its claims or defenses; and (3) a description, by category, of any documents that the party has in its possession or control that it may use to support its claims or defenses. The case is set for a status hearing in chambers on February 14, 2019 a t 8:45 a.m. Defense counsel is directed to make arrangements for plaintiff to participate by telephone. Signed by the Honorable Matthew F. Kennelly on 12/27/2018. Mailed notice. (kp, )
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Filing 13
ANSWER to Complaint with Jury Demand and affirmative defenses by Thomas J. Dart(Haidari, Raana)
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Filing 12
LETTER from Ioan Lela dated 12/8/18. (Postmark illegible) (kp, )
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Filing 11
ATTORNEY Appearance for Defendant Thomas J. Dart by Raana Vakilzadeh Haidari (Haidari, Raana)
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Filing 10
WAIVER OF SERVICE returned executed by U.S. Marshal Services. Thomas J. Dart waiver sent on 10/16/2018, answer due 12/17/2018. (kp, )
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Filing 8
COMPLAINT filed by Ioan Lela; Jury Demand. (Envelope not postmarked) (tt, )
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Filing 7
ORDER: Plaintiff has paid the $400 filing fee. Plaintiff's complaint may proceed against Sheriff Tom Dart, and summons shall issue for this Defendant. The Clerk of Court shall: (1) file Plaintiff's complaint #1 ; (2) issue summons for its service on Tom Dart; and (3) mail plaintiff a blank USM-285 service form, a Magistrate Judge Consent Form, and filing instructions, along with a copy of this order. The United States Marshal is appointed to serve Dart, but Plaintiff's return of a completed USM 285 service form is required before the Marshal attempts service. Plaintiff's failure to return a completed service form by October 5, 2018 may result in dismissal of this case. His motion for attorney representation #4 is denied without prejudice to renewal after Defendant responds to the complaint. Signed by the Honorable Matthew F. Kennelly on 9/7/2018. Mailed notice (tt, )
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MAILED plaintiff copy of order dated 9/7/18 #7 , a blank USM-285 service form, a Magistrate Judge Consent Form and filing instructions. (tt, )
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SUMMONS Issued, certified copy of order dated 9/7/18 #7 to the U.S. Marshal's Office for service as to defendant Thomas J. Dart via email. (tt, )
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Filing 5
ORDER: The Court denies Plaintiff's motion to proceed in forma pauperis #3 . To proceed with this case, Plaintiff must prepay the $400 filing fee by August 10, 2018. His failure to comply will result in summary dismissal of this case. See N.D. Ill. Local Rule 3.3(f). The Court will address Plaintiff's complaint and motion for an attorney after the filing fee has been satisfied. Signed by the Honorable Matthew F. Kennelly on 7/6/2018. Mailed notice. (ew, )
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Filing 4
MOTION by Plaintiff Ioan Lela for attorney representation. (ew, )
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Filing 3
APPLICATION by Plaintiff Ioan Lela for leave to proceed in forma pauperis; Exhibit. (ew, )
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Filing 2
PRISONER CIVIL Cover Sheet. (ew, )
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Filing 1
RECEIVED Complaint and two copies by Ioan Lela. (Attachments: #1 Envelope not postmarked)(ew, )
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