Sanders v. Symphony Countryside LLC et al

Plaintiff: Mark R Sanders
Defendant: Symphony HMG LLC and Symphony Countryside LLC
Case Number: 1:2019cv02308
Filed: April 5, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: John Robert Blakey
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28:1331
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Filing 23 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/11/2019. Oral motion for leave to file amended complaint is granted and shall be filed on or before 8/26/2019. Defendant's motion to dismiss #17 is denied without prejudice. Status hearing set for 9/11/2019 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, )
June 25, 2019 Filing 22 EXHIBIT by Defendant Symphony HMG LLC Exhibit B regarding MOTION by Defendant Symphony HMG LLC to dismiss #17 (Rodosky, Katherine)
June 25, 2019 Filing 21 MINUTE entry before the Honorable John Robert Blakey: Defendant Symphony HMG's motion to dismiss #17 is entered and continued to 7/11/19 at 9:45 a.m. in Courtroom 1203. The 6/27/19 Notice of Motion date is stricken. Plaintiff is advised to review the Courts standing order on Motions to Dismiss, which is available on the Courts homepage at www.ilnd.uscourts.gov. The Court's Order requires Plaintiff to make an election as to whether he will amend his complaint or stand on the current complaint and proceed with briefing on the motion to dismiss. Plaintiff shall be prepared to make his election at the 7/11/19 motion hearing. Plaintiff's application for leave to proceed in forma pauperis #19 is denied as moot as Plaintiff already paid the filing fee. His motion for attorney representation #20 is denied without prejudice. There is no right to court-appointed counsel in federal civil litigation, Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014), but the Court has discretion to request that an attorney represent an indigent litigant on a volunteer basis under 28 U.S.C. 1915(e)(1). In making the decision whether to recruit counsel, the Court must engage in a two-step analysis: (1) has the plaintiff made a reasonable attempt to obtain counsel on her own behalf or been effectively precluded from doing so; and, if so, (2) given the factual and legal complexity of the case, does this particular plaintiff appear competent to litigate the matter herself. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (en banc). Factors to be considered include but are not limited to: (1) the stage of litigation, Romanelli v. Suliene, 615 F.3d 847, 852 (7th Cir. 2010); (2) plaintiffs submissions and pleadings, Olson, 750 F.3d at 712; (3) plaintiffs capabilities, including intelligence (IQ), literacy, degree of education, communication skills, and litigation experience, Pruitt, 503 F.3d at 655; and (4) the complexity of the case, id. Here, Plaintiff is a college graduate, and this case is in its infancy; Plaintiff's complaint is articulate and he has demonstrated his ability to pursue his claim thus far. If Plaintiff requires assistance in responding to Defendant's motion to dismiss, he may wish to contact the District Court Pro Se Assistance Program, the Hibbler Help Desk, which may be reached at the Clerk's Office Intake desk, Dirksen Federal Building, 219 S. Dearborn, 20th floor, or by calling (312) 435-5691. Plaintiff should contact the Help Desk immediately if he wishes to make an appointment before the next court date, as appointments are often set several weeks out. Mailed notice (gel, )
June 20, 2019 Filing 19 APPLICATION by Plaintiff Mark R Sanders for leave to proceed in forma pauperis. (tt, )
June 19, 2019 Filing 20 MOTION by Defendant Symphony Countryside LLC for attorney representation (Exhibits). (tt, )
June 19, 2019 Filing 18 NOTICE of Motion by Katherine Ann Rodosky for presentment of motion to dismiss #17 before Honorable John Robert Blakey on 6/27/2019 at 09:45 AM. (Rodosky, Katherine)
June 19, 2019 Filing 17 MOTION by Defendant Symphony HMG LLC to dismiss (Attachments: #1 Exhibit Exhibit A-B)(Rodosky, Katherine)
June 5, 2019 Filing 16 ANSWER to Complaint with Jury Demand by Symphony Countryside LLC(Rodosky, Katherine)
May 23, 2019 Filing 15 SUMMONS Returned Executed by Mark R Sanders as to Symphony HMG LLC on 5/15/2019, answer due 6/5/2019. (ek, )
May 23, 2019 Filing 14 SUMMONS Returned Executed by Mark R Sanders as to Symphony Countryside LLC on 5/15/2019, answer due 6/5/2019. (ek, )
May 17, 2019 Filing 13 ATTORNEY Appearance for Defendants Symphony Countryside LLC, Symphony HMG LLC by Katherine Ann Rodosky (Rodosky, Katherine)
May 17, 2019 Filing 12 ATTORNEY Appearance for Defendants Symphony Countryside LLC, Symphony HMG LLC by Sean Knoll (Knoll, Sean)
May 7, 2019 SUMMONS Issued as to Defendants Symphony Countryside LLC, Symphony HMG LLC (lma, )
May 7, 2019 Filing 11 COMPLAINT filed by Mark R Sanders. (ek, )
May 7, 2019 Filing 10 PAYMENT regarding #1 of Filing fee $ 400. Receipt number: 4624223155. (ek, ) (ek, ).
May 6, 2019 Filing 9 MINUTE entry before the Honorable John Robert Blakey: This case is before the Court on Plaintiff's application for leave to proceed in forma pauperis #4 and on his motion for attorney representation #5 . The federal in forma pauperis statute, 28 U.S.C. 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $400 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. 1915(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiffs allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Here, Plaintiff's application discloses that he earns $25,000.00 per month, an amount too high to allow him to proceed as a pauper. Even if Plaintiff meant to indicate that he earns $2,500.00 per month, that amount is still too high and places him well above the poverty level for an individual with no dependents. Accordingly, his application for leave to proceed in forma pauperis #4 is denied. Given Plaintiff's status, his motion for attorney representation #5 is also denied. See Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013) (when a pro se litigant submits a request for assistance of counsel, the Court must first consider whether the plaintiff is indigent). If Plaintiff wishes to proceed with this case, he must, by 5/24/19, pay the filing fee in full. If Plaintiff fails to do so, his case will be dismissed. Mailed notice (gel, )
April 5, 2019 Filing 8 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. (ek, )
April 5, 2019 Filing 5 MOTION by Plaintiff Mark R Sanders for attorney representation (ek, )
April 5, 2019 Filing 4 APPLICATION by Plaintiff Mark R Sanders for leave to proceed in forma pauperis (ek, )
April 5, 2019 Filing 3 PRO SE Appearance by Plaintiff Mark R Sanders (ek, )
April 5, 2019 Filing 2 CIVIL Cover Sheet. (ek, )
April 5, 2019 Filing 1 RECEIVED Complaint and two (2) copies by Mark R Sanders (Exhibits) (ek, )

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Defendant: Symphony HMG LLC
Represented By: Katherine Ann Rodosky
Represented By: Sean Knoll
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Defendant: Symphony Countryside LLC
Represented By: Katherine Ann Rodosky
Represented By: Sean Knoll
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Plaintiff: Mark R Sanders
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