DeJesus v. Dart et al
| Eduardo DeJesus |
| Thomas J Dart, Cermack Health Services, John Doe, Jane Doe, Alesia Hines, Augustine Echegwo, Cendi Morgan, Dalfanita Moore, Dannydean A. Omeke, Deada Wright, Eva Hannah, Grace Tse, Gwendolyn Thompson, Jeelan M. Muhammad, Laura McDonald, Quintoria Dunmars, Velinda Vercher, Karen Turner, Claudette Cohen, James Myvett, Angela Ferguson, Autry Jordan, Yvette James and Janet Watts |
| 1:2018cv06201 |
| September 10, 2018 |
| U.S. District Court for the Northern District of Illinois |
| Edmond E Chang |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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| Document Text |
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| Filing 110 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the status report and the settlement, R. 109, and to avoid unnecessary status hearings, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 10/04/2021. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Status hearing of 07/09/2021 is vacated. The Court expresses its gratitude to recruited counsel, who clearly dedicated significant time and effort into the case in carrying out the tradition of pro bono service. Civil case terminated. Emailed notice (mw, ) |
| Filing 109 STATUS Report Filed Jointly by Claudette Cohen, Thomas J Dart, Quintoria Dunmars, Angela Ferguson, Eva Hannah, Alesia Hines, Yvette James, Autry Jordan, Dalfanita Moore, Cendi Morgan, Jeelan M. Muhammad, Gwendolyn Thompson, Grace Tse, Karen Turner, Velinda Vercher, Janet Watts, Deada Wright (Wilson, Rachael) |
| Filing 108 ATTORNEY Appearance for Defendants Claudette Cohen, Thomas J Dart, Quintoria Dunmars, Angela Ferguson, Eva Hannah, Alesia Hines, Yvette James, Autry Jordan, Dalfanita Moore, Cendi Morgan, Jeelan M. Muhammad, Gwendolyn Thompson, Grace Tse, Karen Turner, Velinda Vercher, Janet Watts, Deada Wright by Rachael Denae Wilson (Wilson, Rachael) |
| Filing 107 WITHDRAWING Bianca Brown as counsel for Defendants Claudette Cohen, Thomas J Dart, Quintoria Dunmars, Angela Ferguson, Eva Hannah, Alesia Hines, Yvette James, Autry Jordan, Dalfanita Moore, Cendi Morgan, Jeelan M. Muhammad, Gwendolyn Thompson, Grace Tse, Karen Turner, Velinda Vercher, Janet Watts, Deada Wright and substituting Rachael Denae Wilson as counsel of record (Wilson, Rachael) |
| Filing 106 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 105, the Plaintiff is voluntarily dismissing Augustine Echegwo; Dannydean Omeke; and James Myvett. Those Defendants are dismissed from the case with prejudice. The Clerk's Office shall terminate those three Defendants from the docket. The fact discovery deadline is extended from 05/31/2021 to 08/16/2021. The tracking status hearing of 04/30/2021 is reset to 07/09/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 07/01/2021. Emailed notice (mw, ) |
| Filing 105 STATUS Report Joint Status Report by Eduardo DeJesus (Eames, Brent) |
| Filing 104 Amended ANSWER to amended complaint by Claudette Cohen, Thomas J Dart, Quintoria Dunmars, Augustine Echegwo, Angela Ferguson, Eva Hannah, Alesia Hines, Yvette James, Autry Jordan, Dalfanita Moore, Cendi Morgan, Jeelan M. Muhammad, James Myvett, Dannydean A. Omeke, Gwendolyn Thompson, Grace Tse, Karen Turner, Velinda Vercher, Janet Watts, Deada Wright(Brown, Bianca) |
| NEW PARTIES: Claudette Cohen, James Myvett, Angela Ferguson, Autry Jordan, Yvette James and Janet Watts added to case caption. (Brown, Bianca) |
| Terminating Laura McDonald (Brown, Bianca) |
| Filing 103 MINUTE entry before the Honorable Edmond E. Chang: The defense's unopposed motion to file an Amended Answer #101 is granted. The Defendants shall file the amended pleading on the docket as a separate docket entry. On review of the Status Report, Defendant Laura McDonald is terminated as a named Defendant. Also, the request to extend fact discovery is granted to 05/31/2021. By 04/23/2021, the parties shall file a Deposition Scheduling Report listing the depositions already taken and all remaining depositions; the parties must list confirmed dates (rather than proposed dates) to avoid scheduling conflicts. Any person not in the Report presumptively will not be deposed absent good cause (e.g., genuine surprise). In the Report, the parties also shall report on the progress of discovery. The tracking status hearing of 01/22/2021 is reset to 04/30/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (eec) |
| Filing 102 STATUS Report Joint and Agreed by Thomas J Dart, Quintoria Dunmars, Augustine Echegwo, Eva Hannah, Alesia Hines, Dalfanita Moore, Cendi Morgan, Jeelan M. Muhammad, Dannydean A. Omeke, Gwendolyn Thompson, Grace Tse, Karen Turner, Velinda Vercher, Deada Wright (Brown, Bianca) |
| Filing 101 MOTION by Defendants Quintoria Dunmars, Augustine Echegwo, Eva Hannah, Alesia Hines, Laura McDonald, Dalfanita Moore, Cendi Morgan, Jeelan M. Muhammad, Dannydean A. Omeke, Gwendolyn Thompson, Grace Tse, Karen Turner, Velinda Vercher, Deada Wright to amend/correct answer to amended complaint, #99 Unopposed (Brown, Bianca) |
| Filing 100 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 98, the parties shall make prompt progress on the identification issues, including the production of the photographs and, if needed, depositions. The tracking status hearing of 12/11/2020 is reset to 01/22/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint discovery status report by 01/14/2021. Emailed notice (mw, ) |
| Filing 99 County Defendants ANSWER to amended complaint by Quintoria Dunmars, Augustine Echegwo, Eva Hannah, Alesia Hines, Laura McDonald, Dalfanita Moore, Cendi Morgan, Jeelan M. Muhammad, Dannydean A. Omeke, Gwendolyn Thompson, Grace Tse, Karen Turner, Velinda Vercher, Deada Wright(Brown, Bianca) |
| Filing 98 NOTICE by Eduardo DeJesus Joint Status Report (Eames, Brent) |
| Filing 97 WAIVER OF SERVICE returned executed by Karen Turner. Karen Turner waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 96 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, the Plaintiff will be further narrowing down the Defendants and the parties will be proposing a confidentiality order. The status hearing of 10/09/2020 is reset to 12/11/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 12/02/2020. Emailed notice (mw, ) |
| Filing 95 NOTICE by Eduardo DeJesus Joint Status Report (Eames, Brent) |
| Filing 94 WAIVER OF SERVICE returned executed by Velinda Vercher. Velinda Vercher waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 93 WAIVER OF SERVICE returned executed by Quintoria Dunmars. Quintoria Dunmars waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 92 WAIVER OF SERVICE returned executed by Laura McDonald. Laura McDonald waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 91 WAIVER OF SERVICE returned executed by Jeelan M. Muhammad. Jeelan M. Muhammad waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 90 WAIVER OF SERVICE returned executed by Gwendolyn Thompson. Gwendolyn Thompson waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 89 WAIVER OF SERVICE returned executed by Grace Tse. Grace Tse waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 88 WAIVER OF SERVICE returned executed by Eva Hannah. Eva Hannah waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 87 WAIVER OF SERVICE returned executed by Deada Wright. Deada Wright waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 86 WAIVER OF SERVICE returned executed by Dannydean A. Omeke. Dannydean A. Omeke waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 85 WAIVER OF SERVICE returned executed by Dalfanita Moore. Dalfanita Moore waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 84 WAIVER OF SERVICE returned executed by Cendi Morgan. Cendi Morgan waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 83 WAIVER OF SERVICE returned executed by Augustine Echegwo. Augustine Echegwo waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 82 WAIVER OF SERVICE returned executed by Alesia Hines. Alesia Hines waiver sent on 8/21/2020, answer due 10/20/2020. (Brown, Bianca) |
| Filing 81 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, and the ongoing identification issue, Rule 26(a)(1) disclosures are due by 09/15/2020. Fact discovery, including any treating health care providers (if any), must be completed by 03/31/2021. Rule 26(a)(2)(C) summaries for treating health care providers (if any) must be disclosed 75 days in advance of the fact discovery deadline, and adjusts with any general extension of fact discovery deadline. But the Plaintiff shall continue efforts to identify the proper defendants. No summary judgment motion may be filed before the close of fact discovery without prior authorization of the Court. To track the case only (no appearance is required, the case will not be called), the status hearing of 08/21/2020 is reset to 10/09/2020 at 8:30 a.m. the parties shall file an updated status report on discovery by 10/01/2020. Emailed notice (mw, ) |
| Filing 80 STATUS Report Joint by Thomas J Dart (Brown, Bianca) |
| Filing 79 NOTICE by Thomas J Dart re answer to amended complaint #77 (Brown, Bianca) |
| Filing 78 MINUTE entry before the Honorable Edmond E. Chang: No joint status report was filed by the 07/29/2020 deadline. R. 74. The deadline is reset to 08/12/2020. The status hearing of 08/07/2020 is reset to 08/21/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 77 ANSWER to amended complaint by Thomas J Dart(Brown, Bianca) |
Filing 76
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 75 THIRD AMENDED complaint by Eduardo DeJesus against All Defendants (Eames, Brent) |
| Filing 74 MINUTE entry before the Honorable Edmond E. Chang: Defendant Dart's extension motion #72 to answer is granted to 07/20/2020. The status hearing of 07/03/2020 is reset to 08/07/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 07/29/2020. Mailed notice (ma,) |
| Filing 73 NOTICE of Motion by Bianca B. Brown for presentment of extension of time #72 before Honorable Edmond E. Chang on 6/29/2020 at 08:30 AM. (Brown, Bianca) |
| Filing 72 MOTION by Defendant Thomas J Dart for extension of time Agreed (Brown, Bianca) |
| Filing 71 STATUS Report by Thomas J Dart (Brown, Bianca) |
| Filing 69 STATUS Report by Thomas J Dart (Brown, Bianca) |
| Filing 68 MINUTE entry before the Honorable Edmond E. Chang: On Plaintiff's motions to compel #66 #67 , in light of the imminent statute of limitations concern, and the prior efforts to obtain the information, the subpoena recipients shall forthwith produce the requested information. If the recipients have genuine good cause to object, then they must file an emergency motion for protective order by 2 p.m. on 06/17/2020. If the most safe way to avoid the limitations problem is to produce the names of all potential intake/booking and medical-care personnel who were on shift at the pertinent times, then the recipients must do so. Plaintiff then may file an amended complaint alleging all potential defendants without fear of Rule 11 sanction. Emailed notice (Chang, Edmond) |
| Filing 67 MOTION by Plaintiff Eduardo DeJesus to compel (Eames, Brent) |
| Filing 66 MOTION by Plaintiff Eduardo DeJesus to compel , MOTION by Plaintiff Eduardo DeJesus for discovery (Eames, Brent) |
| Filing 70 LETTER from Eduardo DeJesus. (Envelope Postmarked 6/2/2020) (jh, ) |
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Filing 65
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 64 MINUTE entry before the Honorable Edmond E. Chang: In light of the diligent efforts at identifying the unnamed defendants, R. 60, the status hearing of 06/02/2020 is reset to 07/08/2020 at 9:15 a.m. If held, the status hearing will be held telephonically. The parties shall provide a contact number to the courtroom deputy ([email protected]) by 1:00 p.m. on the prior business day. The parties shall file another status report by 06/16/2020. Mailed notice (mw, ) |
| Filing 63 QUALIFIED PROTECTIVE ORDER Signed by the Honorable Edmond E. Chang on 05/20/2020. Mailed notice (mw, ) |
| Filing 62 MINUTE entry before the Honorable Edmond E. Chang: The agreed motion for qualified protective order #61 is granted. It will be posted on the docket separately. Mailed notice (mw, ) |
| Filing 61 MOTION by Plaintiff Eduardo DeJesus for protective order (Eames, Brent) |
| Filing 60 NOTICE by Eduardo DeJesus (Eames, Brent) |
| Filing 58 WAIVER OF SERVICE returned executed by Thomas J Dart. Thomas J Dart waiver sent on 4/7/2020, answer due 6/8/2020. (Brown, Bianca) |
| Filing 57 WAIVER OF SERVICE returned executed by the U.S. Marshal Service as to Thomas Dart. Waiver sent on 4/22/2020, answer due 6/22/2020. (jh, ) Modified on 5/5/2020 (jh, ). |
| Filing 56 MINUTE entry before the Honorable Edmond E. Chang: In light of the Third Amended General Order 20-0012, the status hearing of 05/05/2020 is reset to 06/02/2020 at 10:15 a.m. The status hearing will be held telephonically. The parties shall provide a contact number to the courtroom deputy ([email protected]) by 1:00 p.m. on the prior business day. In light of the possible statute of limitations deadline of 06/23/2020, the Court authorizes Plaintif's counsel to ***immediately*** issue expedited discovery and non-party subpoenas if needed. Defendant Dart and any subpoena respondent must respond to any discovery request or subpoena within seven business days of service. In light of the public-health concerns, the Court of course will consider any extension motion on any deadline, but the limitations issue will be considered. Notwithstanding any version of General Order 20-0012, by 05/12/2020, Plaintiff's counsel shall file a concise status report on steps taken to identify the Doe Defendants. Mailed notice (mw, ) |
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Filing 55
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 54 ATTORNEY Appearance for Defendant Thomas J Dart by Bianca B. Brown (Brown, Bianca) |
| Filing 59 LETTER from Eduardo DeJesus. (Envelope postmarked 4/20/2020; institution mail room) (bg, ) |
| Filing 51 ATTORNEY Appearance for Plaintiff Eduardo DeJesus by Brent R Eames (Eames, Brent) |
| Filing 52 LETTER from Eduardo DeJesus. (Envelope postmarked 4/4/2020) (bg, ) |
| Filing 50 MINUTE entry before the Honorable Edmond E. Chang: In light of Second Amended General Order 20-0012, the status hearing of 04/15/2020 is reset to 05/05/2020 at 9:15 a.m. As noted in R. 41, there is a statute of limitations possibly expiring on or around 06/23/2020. The United States Marshals Service was appointed to effectuate service on Defendant Thomas J. Dart. Counsel for Plaintiff shall submit the USM-285 form to the U.S. Marshals Service. The USM-285 form is available at https://www.ilnd.uscourts.gov/OnlineForms.aspx# Mailed notice (mw, ) |
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Filing 49
ORDER signed by the Honorable Edmond E. Chang on 04/03/2020: The Court recruits Brent R Eames, 47 W. Polk Street, Ste. 320, Chicago, IL 60605, (312) 818-2855, [email protected], to represent Plaintiff Eduardo DeJesus in accordance with counsel's trial bar obligations under N.D. Ill. Local Rules 83.11(g) and 83.37. The Court notifies Plaintiff's counsel that pro bono litigation resources are available on the District's website at http://www.ilnd.uscourts.gov, by clicking on the link to Resources for Pro Bono Attorneys in the Trial Bar. Another resource is an attorney with the Illinois Institute for Community Law, Mr. James P. Chapman, who may be reached at [email protected] or 312-593-6998. Mailed notice (mw, )
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| Filing 53 LETTER from Eduardo DeJesus. (Envelope postmarked 3/30/2020; institution mail room) (bg, ) |
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Filing 48
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. (docket8, )
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| Filing 47 MINUTE entry before the Honorable Edmond E. Chang: Attorney Henderson's motion #45 to withdraw as counsel due to conflict of interest is granted (he will be placed back on the wheel for recruitment). Another attorney will be identified in another docket entry. Mailed notice (mw, ) |
| Filing 46 NOTICE of Motion by Jeffry Mark Henderson for presentment of motion to withdraw from assignment pursuant to Local Rule 83.38 #45 before Honorable Edmond E. Chang on 4/7/2020 at 09:00 AM. (Henderson, Jeffry) |
| Filing 45 MOTION to withdraw from assignment pursuant to Local Rule 83.38 for Eduardo DeJesus. (Henderson, Jeffry) |
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Filing 44
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. (td, )
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Filing 43
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. (td, )
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| Filing 42 MAILED USM-285 Blank Form to Counsel for Plaintiff (mw, ) |
| Filing 41 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Counsel for Plaintiff has not yet had a chance to contact Plaintiff. As previously ordered, R. 37, the United States Marshals Service was appointed to effectuate service on Defendant Thomas J. Dart. Counsel for Plaintiff shall submit the USM-285 form to the U.S. Marshals Service. The Clerk of Court is directed to send Plaintiff's counsel a blank USM-285 form. The Court alerted counsel of a possible statute of limitations expiring around 06/23/2020. Status hearing set for 04/15/2020 at 9:15 a.m. Mailed notice (mw, ) |
| Filing 40 ATTORNEY Appearance for Plaintiff Eduardo DeJesus by Jeffry Mark Henderson (Henderson, Jeffry) |
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Filing 39
ORDER: The Court recruits Jeffry Mark Henderson of Greenberg Traurig, 77 W. Wacker Drive, Suite 3100, Chicago, IL 60601, (312) 456-400, [email protected], to represent Plaintiff Eduardo DeJesus in accordance with counsel's trial bar obligations under N.D. Ill. Local Rules 83.11(g) and 83.37. The Court notifies Plaintiff's counsel that pro bono litigation resources are available on the District's website at http://www.ilnd.uscourts.gov, by clicking on the link to Resources for Pro Bono Attorneys in the Trial Bar. Another resource is an attorney with the Illinois Institute for Community Law, Mr. James P. Chapman, who may be reached at [email protected] or 312-593-6998. Status hearing set for 03/12/2020 at 9:30 a.m. to stand. Signed by the Honorable Edmond E. Chang on 2/27/2020. Mailed notice. (bg, )
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| MAILED copy of order dated 2/26/2020 to Plaintiff. (bg, ) |
| SUMMONS Issued, certified copy of order dated 2/26/2020 to the U.S. Marshal's Office for service as to Defendant Thomas J Dart via email. (bg, ) |
| Filing 38 AMENDED complaint by Eduardo DeJesus (bg, ) |
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Filing 37
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, on screening review, Plaintiff's amended complaint #33 states a claim against three of the Doe Defendants, namely, John Doe Intake Doctor, Jane Doe Division 6 Nurse, and John Doe Division 6 Doctor. And the Cook County Sheriff's Office remains in the case to identify those Doe Defendants. The Clerk's Office shall add as Defendants: John Doe Intake Doctor, Jane Doe Division 6 Nurse, and John Doe Division 6 Doctor; and retain as a defendant Thomas Dart, in his official capacity as Sheriff of Cook County. The Clerk's Office shall terminate "Cermack Health Services" as a defendant. The three other medical personnel Doe Defendants are dismissed without prejudice for failure to state a claim. Plaintiff's motion for an extension of time #29 is denied as moot. The Court grant Plaintiff's motion for attorney representation #30 in light of the impending limitations problem and the need to identify the John Doe Intake Doctor, Jane Doe Division 6 Nurse, and John Doe Division 6 Doctor. Summons shall issue as to the defendants. The United States Marshals Service is appointed to effectuate service. A status hearing is set for 03/12/2020 at 9:30 a.m. Status hearing set for 03/06/2020 is stricken. Mailed notice (mw, )
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| Filing 36 MINUTE entry before the Honorable Edmond E. Chang: The Court still has under advisement the screening review of the proposed amended complaint, as well as Plaintiff's other filings. To track the case only (no appearance is required), the status hearing of 01/17/2020 is reset to 03/06/2020 at 8:30 a.m. Mailed notice (mw, ) |
| Filing 35 MINUTE entry before the Honorable Edmond E. Chang:The screening review of the proposed amended complaint, as well as Plaintiff's other filings, are still under advisement. To track the case only (no appearance is required), the status hearing of 12/06/2019 is reset to 01/17/2020 at 8:30 a.m.Emailed notice (slb, ) |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff has filed a proposed amended complaint. The screening review and Plaintiff's other filings are taken under advisement. Status hearing of 10/25/2019 is reset to 12/06/2019 at 8:30 a.m. (to track the case only, no appearance is required).Mailed notice (slb, ) |
| Filing 33 RECEIVED AMENDED Complaint by Eduardo DeJesus (Envelope postmarked 8/21/2019) (bg, ) |
| Filing 32 LETTER from Eduardo DeJesus dated 8/14/2019. (Envelope postmarked 8/26/2019) (bg, ) |
| MAILED copy of order dated 8/13/2019 #28 , copy of order dated 47/8/2019 #25 , an amended civil rights complaint form, and a blank USM-285 (Marshals Service) form to Plaintiff Eduardo DeJesus. (bg,) |
| Filing 31 RECEIVED Complaint and 0 copies by Eduardo DeJesus. (Exhibits). (Envelope Postmark date 8/7/19). (gcy, ) |
| Filing 30 MOTION by Plaintiff Eduardo DeJesus for appointment of counsel. (Envelope postmark date 8/7/19). (gcy, ) |
| Filing 29 MOTION by Plaintiff Eduardo DeJesus for extension of time (Envelope postmarked 8/7/2019) (bg, ) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's extension motion to propose amended complaint #27 is granted. The deadline for the amended complaint and USM-285 forms for each Defendant named in the amended complaint is extended to 10/15/2019 (the extension is lengthy, so Plaintiff should not expect another extension without extraordinary circumstances). If no amended complaint is filed, then the prior dismissal will convert to a dismissal with prejudice. The Clerk is directed to send a copy of this Order and the previous Order #25 to Plaintiff, along with an amended civil rights complaint form and a blank USM-285 (Marshals Service) form. To track the case only (no appearance is required), the status hearing of 08/16/2019 is reset for 10/25/2019 at 8:30 a.m. Mailed notice (slb, ) |
| Filing 27 MOTION by Plaintiff Eduardo DeJesus for extension of time (Envelope postmark 7/27/19). (kb, ) |
| Filing 26 NOTICE by Eduardo DeJesus of Change of Address (Envelope postmarked 7/16/2019) (bg, ) |
| MAILED copy of order dated 7/08/2019 #25 , an amended civil rights complaint form, and a blank USM-285 (Marshals Service) form to Plaintiff Eduardo DeJesus. (bg, ) |
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Filing 25
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, on screening review, Plaintiffs complaint #1 is dismissed, though without prejudice for now. By 08/08/2018, Plaintiff may file (1) an amended complaint to fix the problems detailed in this Order; and (2) a separate completed USM-285 (Marshals Service) form for each Defendant named in the amended complaint. If no amended complaint is filed, than the dismissal will convers to a dismissal with prejudice. The Clerk is directed to send a copy of this order to Plaintiff, along with an amended civil rights complaint form and a blank USM-285 (Marshals Service) form. To track the case only (no appearance is required), the status hearing of 07/19/2019 is reset for 08/16/2019 at 8:30 am. Mailed notice(slb, )
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| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff has paid the filing fee, R. 22, so the Court takes the screening review of the complaint under advisement. The status hearing of 06/14/2019 is reset to 07/19/2019 at 8:30 a.m. (to track the case only, no appearance is required). Emailed notice (slb, ) |
| Filing 24 LETTER from Eduardo DeJesus. (Envelope postmarked 6/06/2019) (bg, ) |
| Filing 21 LETTER from Eduardo Dejesus. (Exhibits) (Envelope postmarked 5/20/2019) (cc, ) |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: The Court has reviewed Plaintiff's letter #18 , in which he requests reconsideration of the denial of his in forma pauperis application. The request is denied: the letter states without explanation that he "cannot afford" to pay the $400.00 filing fee. As explained in the Order dated 04/01/2019, however, the funds and deposits in Plaintiff's trust-fund account in the months before the filing of this suit show that he should have been able to pay the fee at the time of the suit's filing. The Court extends Plaintiff's deadline to pay the filing fee from the already-expired 04/26/2019 to 06/05/2019. Plaintiff may pay by check or money order made payable to Clerk, United States District Court. Failure to pay by the deadline will result in dismissal of the case. The Clerk is directed to send Plaintiff a copy of this order. The status hearing of 06/07/2019 is reset to 06/14/2019 at 8:30 a.m. (to track the case only, no appearance is required). Mailed notice (slb, ) |
| Filing 19 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff has submitted a letter in response to the Order of 04/01/2019. The Court takes it under advisement. Status hearing of 05/01/2019 is reset to 06/07/2019 at 8:30 a.m., to track the case only (no appearance is required). Mailed notice (slb, ) |
| Filing 18 LETTER from Eduardo DeJesus. (Envelope postmark 4/12/19; institution mail room not postmarked). (smm, ) |
| MAILED plaintiff copy of order dated 4/1/19 #17 . (tt, ) |
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Filing 17
ORDER signed by the Honorable Edmond E. Chang. The Court has reviewed Plaintiffs "affidavit" #10 , which he submitted in response to the rule to show cause #7 based on misrepresentations in his original application to proceed in forma pauperis. The rule to show cause #7 is discharged. Plaintiff has represented that he misunderstood the questions on the application and received inaccurate advice from other inmates. Although all deposits to an inmates trust fund account are "income" for purposes of calculating monthly installment payments under the Prison Litigation Reform Act, see Lucien v. DeTella, 141 F.3d 773 (7th Cir. 1998), the Court will accept Plaintiff's assertion that he did not act in bad faith. But Plaintiff's amended application to proceed in forma pauperis #9 is denied, for lack of indigency, as explained in the Order. Plaintiff is directed to pay the full statutory filing fee of $400.00. Plaintiff may pay by check or money order made payable to Clerk, United States District Court. Failure to pay the $400 filing fee by 04/26/2019, will result in dismissal without prejudice for failure to pay the filing fee. The Clerk is directed to send Plaintiff a copy of this order. To track the case only (no appearance is required), the status hearing of 04/19/2019, is reset to 05/0/2019 at 8:30 a.m. Also, at this early stage in the case, Plaintiff's motion #4 for attorney representation is denied. The motion does not list out Plaintiff's attempts to retain a lawyer, including lawyers at legal services organizations or legal clinics. The denial is without prejudice to renewal if and when the case moves forward. Mailed notice(slb, )
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| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 03/22/2019 is reset to 04/19/2019 at 8:30 a.m. (to track the case only; no appearance is required). Mailed notice (slb, ) |
| Filing 15 LETTER from Eduardo DeJesus. (Envelope postmarked 3/4/2019) (ek, ) |
| Filing 14 NOTICE by Eduardo DeJesus of Change of Address (Envelope postmarked 3/4/2019). (yap, ) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: The Court still has Plaintiff's filings under advisement. Status hearing of 02/22/2019 is reset to 03/22/2019 at 8:30 a.m. (to track the case only; no appearance is required). Mailed notice (slb, ) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: The Court has Plaintiff's filings under advisement. To track the case only (no appearance is required), the status hearing of 01/11/2019 is reset to 02/22/2019 at 8:30 a.m.Mailed notice (slb, ) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff appears to have submitted filings in response to R. 7. The Court takes them under advisement. To track the case only (no appearance is required), the status hearing of 12/07/2018 is reset to 01/11/2019 at 8:30 a.m. Mailed notice (slb, ) |
| Filing 10 AFFIDAVIT of Eduardo DeJesus, (Envelope postmark 11/20/18). (smm, ) |
| Filing 9 APPLICATION and Financial Affidavit by Plaintiff Eduardo DeJesus for leave to proceed in forma pauperis; (Attachments). (Envelope postmark 11/20/18). (smm, ) |
| Filing 8 NOTICE by Eduardo DeJesus of Change of Address. (Envelope postmarked 10/29/18) (tt, ) |
| MAILED Copy of Order dated 10/29/18 with I.F.P. Appllication to Eduardo DeJesus (gcy, ) |
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Filing 7
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, Plaintiff's application to proceed in forma pauperis #3 is denied without prejudice. If Plaintiff wants to proceed with this lawsuit, then he must: (1) show good cause in writing why this case should not be dismissed based on a false statement in his current in forma pauperis application; and (2) file an amended in forma pauperis application as detailed in the Order. Plaintiff's failure to comply with this order by 11/26/2018 will result in dismissal of this action. Screening of the complaint #1 and a decision on the motion #4 for attorney representation are deferred pending resolution of the fee status. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis and a copy of this order. To track the case only (no appearance is required), a status hearing is set for 12/7/2018, at 8:30 a.m. Mailed notice(slb, )
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| Filing 6 NOTICE by Eduardo DeJesus of Change of Address. (Envelope postmarked 10/15/18) (aee, ) |
| Filing 5 LETTER from Eduardo DeJesus (Exhibits). (Envelope postmarked 10/9/18) (Received for Docketing on 10/18/18) (aee, ) |
| Filing 4 MOTION by Plaintiff Eduardo DeJesus for attorney representation. (nsf, ) |
| Filing 3 APPLICATION by Plaintiff Eduardo DeJesus for leave to proceed in forma pauperis. (nsf, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (nsf, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Eduardo DeJesus. (Envelope post marked 9/6/2018) (nsf, ) |
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