Lebeda v. Weinberg Mediation Group, LLC et al
| Natalie Lebeda |
| Jerald Verhagen, DOE 1-5 and Weinberg Mediation Group, LLC |
| 1:2019cv01517 |
| March 1, 2019 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing 8
ORDER: Before the Court is Plaintiff Natalie Lebeda's application for leave to proceed in forma pauperis #2 . The federal in forma pauperis statute is designed to ensure that indigent litigants have meaningful access to the federal courts. Neitzke v. Williams, 490 U.S. 319, 324 (1989). The statute allows a litigant to pursue a case in federal court without paying fees and costs if the litigant submits an affidavit that asserts an inability "to pay such fees or give security therefor," 28 U.S.C. 1915(a)(1), so long as the action is neither frivolous nor malicious, states a claim upon which relief may be granted, and does not seek monetary relief from a defendant who is immune from such relief. Id. 1915(e)(2)(B). To proceed on a lawsuit without paying the filing fee, "aplaintiff's income must be at or near the poverty level." Bulls v. Marsh, 1989 WL 51170, at *1 (N.D. Ill. May 5, 1989); see also Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). To measure the poverty level, many judges use the Department of Health and Human Services' poverty guidelines (available at https://aspe.hhs.gov/poverty-guidelines). The poverty guidelines for 2019 set the poverty level for the 48 contiguous states and the District of Columbia based on the number of persons in the household. The federal poverty level for a three-person household is $21,330 per year. To assess Plaintiff's claim to indigency, the Court relies on the financial affidavit that she filed along with her in forma pauperis application #2 . Plaintiff represents that she currently is unemployed. [2, at 2.] Her spouse has a monthly income of $1,814.60. [Id. at 3.] Her son lives with her and is dependent on her and her spouse for support. [Id. at 10.] Nobody in Plaintiff's household has any reportable assets. Given that Plaintiff's household income is just above the poverty line, the Court grants Plaintiff's application for leave to proceed in forma pauperis #2 . Summons shall issue. The Court directs the U.S. Marshal's office to effect service of Plaintiff's complaint on Defendants. The Court advises Plaintiff that a USM-285 (Marshals service) form is required for service on each Defendant. The Marshal will not attempt to serve Defendants unless and until the required forms are received. Plaintiff must therefore complete and return a service form for each Defendant. Signed by the Honorable Robert M. Dow, Jr on 3/22/2019. Mailed notice (aee, )
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| SUMMONS Issued, certified copy of order dated 03/22/2019 to the U.S. Marshal's Office for service as to defendant Jerald Verhagen, Weinberg Mediation Group, LLC via email. (aee, ) |
| Filing 7 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (tt, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Natalie Lebeda by Thomas N. Auwers (Auwers, Thomas) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jjr, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Natalie Lebeda by Robert Amador (Amador, Robert) |
| Filing 4 NOTICE OF DESIGNATION OF LOCAL COUNSEL by Natalie Lebeda (Amador, Robert) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15545697. (Amador, Robert) |
| Filing 2 APPLICATION by Plaintiff Natalie Lebeda for leave to proceed in forma pauperis (Amador, Robert) |
| Filing 1 COMPLAINT filed by Natalie Lebeda; Jury Demand. (Attachments: #1 Civil Cover Sheet)(Amador, Robert) |
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