Smith v. Ford Motor Co
| Cortez Smith |
| Ford Motor Co |
| 1:2020cv01769 |
| March 13, 2020 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 45 MINUTE entry before the Honorable Martha M. Pacold: This case is hereby dismissed with prejudice and each party to bear its own fees and costs pursuant to the Stipulation of Dismissal #44 filed by the parties on 8/20/2021.Civil case terminated. (rao, ) |
| Filing 44 STIPULATION of Dismissal With Prejudice (Albright, Andrew) |
| Filing 43 MINUTE entry before the Honorable Martha M. Pacold: The parties were directed to file a status report on the status of settlement by 8/10/2021 #42 , but they have not done so. The parties are directed to file a joint status report by 8/31/2021 updating the court on the status of settlement, unless a stipulation of dismissal is filed before that date. (rao, ) |
| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file a joint status report by 8/10/2021 updating the court on the status of settlement, unless a stipulation of dismissal is filed before that date. (rao, ) |
| Filing 41 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 6/22/2021. Plaintiff did not dial in and authorized defense counsel to report on status of case. Defendant reports the parties have finalized the written settlement agreement so now will execute that agreement and then file a stipulation of dismissal of the lawsuit in approximately 45 days following payment of settlement funds. All matters relating to the referral have been completed so the referral is closed. Mailed notice (sxw, ) |
| Filing 40 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 5/14/2021 and continued to 6/22/2021 at 10:00 a.m. The parties expect to finalize and execute the settlement agreement by the next status. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Violation of the prohibition may result in sanctions. Mailed notice (sxw) |
| Filing 39 MINUTE entry before the Honorable Sheila M. Finnegan: Minute entry #38 is amended to include: The status hearing set for 4/5/2021 is cancelled since the parties report that they have reached a settlement. All other aspects of the entry to remain. Mailed notice (sxw) |
| Filing 38 MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status to report on settlement is set on 5/14/2021 at 9:45 a.m. The toll-free number for the hearing is 877-336-1831, access code 5995354. When you are connected to the conference system, please keep your phone on mute until your case is called so you do not interrupt ongoing hearings in other cases. When your case is called, remember to say your name whenever you speak. 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. The status hearing will be cancelled if a stipulation to dismiss is filed, or a dismissal order is submitted, prior to the hearing. Mailed notice (sxw) |
| Filing 37 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status held on 2/2/2021 and continued to 4/5/2021 at 11:00 a.m. The parties report they have informally exchanged written discovery and held settlement discussions. The Court adopts the following proposed deadlines: Rule 26(a)(1) disclosures to be exchanged by 2/25/2021 and written discovery to be issued by 3/30/2021. The remaining discovery schedule will be set at the next status. The toll-free number for the hearing is 877-336-1831, access code 5995354. When you are connected to the conference system, please keep your phone on mute until your case is called so you do not interrupt ongoing hearings in other cases. When your case is called, remember to say your name whenever you speak. 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. Mailed notice (sxw, ) |
| Filing 36 STATUS Report (Joint) by Ford Motor Co (Nemechek, Kathleen) |
| Filing 35 MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for discovery supervision and a settlement conference should the parties request one. By 1/25/2021, the parties are to file a Joint Status Report with the following information: (a) the major legal and factual issues in the case; (b) the relief sought by the plaintiff; (d) a proposed discovery schedule, including: (1) deadline for Rule 26(a)(1) disclosures; (2) deadline to issue initial written discovery; (3) deadline to issue non-party subpoenas, including to medical providers (parties should cooperate to ensure the prompt execution of HIPAA authorization if needed); (4) deadline to complete fact discovery; (5) if there will be expert discovery, an expert discovery completion date, including dates for the delivery of expert reports (or summaries for non-retained expert testimony). Telephone status hearing is set for 2/2/2021 at 11:15 a.m. The toll-free number for the hearing is 877-336-1831, access code 5995354. When you are connected to the conference system, please keep your phone on mute until your case is called so you do not interrupt ongoing hearings in other cases. When your case is called, remember to say your name whenever you speak. 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. Mailed notice (sxw, ) |
| Filing 34 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: discovery supervision, set/extend discovery deadlines, and settlement conference.(rao, ) |
| Filing 33 ANSWER to amended complaint by Ford Motor Co(Nemechek, Kathleen) |
| Filing 32 AMENDED complaint by Cortez Smith against Ford Motor Co (Attachments: #1 Exhibit A - Amended Determination from EEOC, #2 Exhibit B - Notice of Right to Sue from EEOC)(Albright, Andrew) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file a first amended complaint #30 is granted. Plaintiff is directed to file the amended complaint as a separate docket entry. Defendant's partial motion to dismiss #16 is stricken as moot. (rao, ) |
| Filing 30 MOTION by Plaintiff Cortez Smith for leave to file First Amended Complaint (Unopposed) (Attachments: #1 Exhibit A - Proposed First Amended Complaint)(Albright, Andrew) |
| Filing 29 STATUS Report by Cortez Smith (Albright, Andrew) |
| Filing 28 ATTORNEY Appearance for Plaintiff Cortez Smith by Andrew John Albright (Albright, Andrew) |
Filing 27
ORDER: Plaintiff's application to proceed in forma pauperis #26 and motion for attorney representation #4 are granted. The court recruits Andrew John Albright of Swanson, Martin & Bell, LLP, 330 N. Wabash, Suite 3300, Chicago, 60611, (312) 222-8417, aalbright@smbtrials.com, to represent Plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rules. By 12/4/2020, counsel should file a brief status report indicating whether he intends to proceed with the complaint or file an amended complaint assuming counsel can do so consistent with Rule 11 obligations. If counsel will stand on the pending complaint, the parties should submit a status report for the case going forward Signed by the Honorable Martha M. Pacold on 10/9/2020: Mailed notice (rc, )
|
| Filing 26 APPLICATION by Plaintiff Cortez Smith for leave to proceed in forma pauperis (Envelope postmarked 8/24/2020) (sxb, ) |
| Filing 25 SEALED Facsimile sent to the court by Plaintiff. The facsimile will be placed under seal.(rao, ) |
|
Filing 24
ORDER The court has received Ford's status report #23 , and Mr. Smith's request for additional time to secure counsel sent via facsimile. The parties are reminded that all correspondence with the court should be filed on the docket. Instructions for filing documents are included in the court's Fifth Amended General Order, Dkt. #21 at paragraphs 8 and 12. All filings should include the case number, case name, and judge's name. Mr. Smith's unopposed request for a 90-day extension of time is granted. The court will also take Mr. Smith's renewed request for appointment of counsel under consideration. Mr. Smith is directed to continue to seek counsel to represent him, and to file an updated status report by September 30, 2020, informing the court whether he has secured counsel or whether he continues to request appointment of counsel. If Mr. Smith continues to request appointment of counsel, he should file an updated Application to Proceed Without Prepaying Fees or Costs/Financial Affidavit (Non-Prisoner Case) reflecting his current financial circumstances. The Clerk is directed to mail plaintiff a copy of this order and the form Application to Proceed Without Prepaying Fees or Costs/Financial Affidavit (Non-Prisoner Case). Signed by the Honorable Martha M. Pacold on 8/18/2020: Mailed notice (ec, )
|
| MAILED copy of order dated 8/18/2020 and a Application to Proceed Without Prepaying Fees or Costs/Financial Affidavit (Non-Prisoner Case) to Plaintiff Cortez Smith. (ec, ) |
| Filing 23 STATUS Report by Ford Motor Co (Attachments: #1 Exhibit A)(Nemechek, Kathleen) |
|
Filing 22
ORDER: Defendant filed a partial motion to dismiss and request for extension of time to answer #16 on July 1, 2020. The parties are directed to meet and confer and submit a joint status report by August 10, 2020, providing a proposed briefing schedule on the pending motion to dismiss, and an update on plaintiff's efforts to find counsel. Signed by the Honorable Martha M. Pacold on 7/27/2020. Mailed notice (smm, )
|
|
Filing 21
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. (Clerk8, Docket)
|
| Filing 20 ATTORNEY Appearance for Defendant Ford Motor Co by Curtiss Scott Schreiber (Schreiber, Curtiss) |
| Filing 19 ATTORNEY Appearance for Defendant Ford Motor Co by Mark Howard Boyle (Boyle, Mark) |
| Filing 18 ATTORNEY Appearance for Defendant Ford Motor Co by Karen Kies DeGrand (DeGrand, Karen) |
| Filing 17 MEMORANDUM by Ford Motor Co in support of Motion to Dismiss for Failure to State a Claim #16 (Partial) and for Extension of Time to Answer (Nemechek, Kathleen) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ford Motor Co (Partial) and for Extension of Time to Answer (Nemechek, Kathleen) |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ford Motor Co (Nemechek, Kathleen) |
| Filing 14 ATTORNEY Appearance for Defendant Ford Motor Co by Kathleen M. Nemechek (Nemechek, Kathleen) |
|
Filing 12
ORDER: 1. Plaintiff's motion for attorney representation #4 is denied without prejudice. Under 28 U.S.C. 1915(e)(1), "The court may request an attorney to represent any person unable to afford counsel." However, plaintiff states in the financial affidavit (Dkt. #11 at 2) that he is willing to pay for an attorney, but could not find one in Michigan. Plaintiff also paid the filing fee. Thus, it is not clear whether plaintiff is claiming an inability to afford counsel. 2. In deciding whether to recruit counsel, the court considers both plaintiff's financial situation and the relevant two-step analysis: (1) has the plaintiff made a reasonable attempt to retain counsel on his own or been effectively precluded from doing so; and, if so, (2) given the factual and legal complexity of the case, does the plaintiff appear competent to litigate the matter himself. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). The court understands that plaintiff has had difficulty finding counsel because he is located in Michigan, and that he has contacted one attorney. The court directs plaintiff to the court's website: https://www.ilnd.uscourts.gov/OnlineForms.aspx?/qYVnglgEnsP0UIGZRbKuyo9G0K5AoRrKzSKr0iA5CFYkpOIso0U1A==, which contains resources for plaintiffs representing themselves. The document titled, "Filing a Civil Case Without an Attorney: A Guide for the Pro Se Litigant," located on the court's website, includes information on finding legal assistance in the Northern District of Illinois. The court also directs plaintiff to the court's Hibbler Help Desk, which can be reached at: (312) 435-5691. 3. If plaintiff cannot afford counsel and is unable to find counsel after consulting the resources above, then he may refile a motion for attorney representation. 4. If he has not already done so, plaintiff is also required to serve defendant with the complaint. Instructions for doing so are available on the court's website, and in the document cited above. 5. Plaintiff is directed to file a status report with the court by July 10, 2020, updating the court on his efforts to obtain counsel, and on his efforts to serve defendant with the complaint. Signed by the Honorable Martha M. Pacold on June 22, 2020. Mailed notice (ph, )
|
| Filing 13 SUMMONS Returned Executed by Cortez Smith as to Ford Motor Co on 6/10/2020, answer due 7/1/2020. (las, ) |
|
Filing 10
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. (docket10, )
|
| Filing 11 APPLICATION by Plaintiff Cortez Smith for leave to proceed in forma pauperis (las, ) |
| MAILED plaintiff a copy of the order dated 5/1/2020 and the form Application to Proceed Without Prepaying Fees or Costs/Financial Affidavit (Non-Prisoner Case). (mc, ) |
|
Filing 9
ORDER : The Court has reviewed plaintiff's motion for attorney representation #4 , but plaintiff has not complete the Financial Affidavit. Plaintiff is directed to submit a completed Application to Proceed Without Prepaying Fees or Costs/Financial Affidavit (Non-Prisoner Case). The Clerk is directed to mail plaintiff a copy of this order and the form Application to Proceed Without Prepaying Fees or Costs/Financial Affidavit (Non-Prisoner Case). Signed by the Honorable Martha M. Pacold on 5/1/2020. Mailed notice(mc, )
|
|
Filing 8
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. (docket9, )
|
|
Filing 7
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, )
|
|
Filing 6
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. (tg, )
|
| Filing 4 MOTION by Plaintiff Cortez Smith for attorney representation (mc, ) |
| Filing 3 PRO SE Appearance by Plaintiff Cortez Smith (mc, ) |
| Filing 2 CIVIL Cover Sheet (mc, ) |
| Filing 1 COMPLAINT filed by Cortez Smith. (Exhibit). (mc, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Smith v. Ford Motor Co | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Cortez Smith | |
| Represented By: | Andrew John Albright |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Ford Motor Co | |
| Represented By: | Kathleen M. Nemechek |
| Represented By: | Curtiss Scott Schreiber |
| Represented By: | Karen Kies DeGrand |
| Represented By: | Mark Howard Boyle |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
