McCoy v. Illinois Institute of Technology
| Corey McCoy |
| Illinois Institute of Technology |
| 1:2020cv02746 |
| April 27, 2020 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's application to proceed in forma pauperis #4 is granted. The plaintiff may proceed without pre-payment of the filing fee. Summons will not issue at this time, however; the complaint is dismissed on initial review pursuant to 28 U.S.C. 1915 (e)(2)(B) for failure to state a claim. On its face, the claim appears to be time-barred (as alleged, Plaintiff's termination occurred more than 180 days before he filed any charge with the EEOC). Further, the complaint includes no basis on which the Court can conclude that the claim is not time-barred; the plaintiff seeks to excuse his failure to file this suit within 90 days of his receipt of a right-to-sue letter from the EEOC on the COVID-19 pandemic, but even assuming that to be a permissible basis to toll the 90-day filing period, it does not explain Plaintiff's failure to file his initial charge with the EEOC within 180 days of his termination in May 2019. The dismissal is without prejudice, however, and the plaintiff may file for leave to amend the complaint within the next 30 days, by 6/5/20, in order to provide information that plausibly suggests that this case is not time barred. Plaintiff's motion for attorney representation #5 (which reflects the same concern regarding the timeliness of Plaintiff's claim as that is the basis identified by counsel that declined to take Plaintiff's case) is denied without prejudice and may be reasserted if Plaintiff is able to state a plausible claim in an amended complaint. Mailed notice (air, ) |
| 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. (pj, ) |
| Filing 5 MOTION by Plaintiff Corey McCoy for attorney representation (pj, ) |
| Filing 4 APPLICATION by Plaintiff Corey McCoy for leave to proceed in forma pauperis (pj, ) |
| Filing 3 PRO SE Appearance by Plaintiff Corey McCoy (pj, ) |
| Filing 2 CIVIL Cover Sheet (pj, ) |
| Filing 1 RECEIVED Complaint and no copies by Corey McCoy. (Exhibit) (Attachments: #1 Envelope date stamped 4/27/2020)(pj, ) |
Filing 7
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 (pj, )
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| Plaintiff: Corey McCoy | |
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| Defendant: Illinois Institute of Technology | |
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