Smith v. Hickman et al
| Caprice Smith |
| Officer Hickman and Village of Sauk Village |
| 1:2020cv05111 |
| August 31, 2020 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cole |
| John J Tharp |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 18 MINUTE entry before the Honorable Jeffrey Cole: Judge Tharp has referred the case here for discovery scheduling, supervision and any settlement conference #14 . The Court adopts the Amended Joint Proposed Case Management Plan #17 . Telephone Status Conference is set for 1/5/21 at 10:30am to discuss the progress of discovery. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Counsel should contact the Court should any difficulties arise during depositions. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt) |
| Filing 17 Amended Joint Proposed Case Management Plan by Caprice Smith (Grossich, Jeffrey) |
| Filing 16 MINUTE entry before the Honorable Jeffrey Cole: The parties have submitted a Joint Proposed Case Management Plan #12 and have asked the court to adopt the schedules in that plan. The proposed plan does not appear to have a date on which fact discovery will close; that date should be included in the plan. Accordingly, the parties shall submit a revised Joint Discovery Schedule in which a schedule for fact discovery is included, and which does not contain dates relating to matters that Judge Tharp will be hearing. In other words, Dispositive Motion dates will be set by Judge Tharp upon application to him. Mailed notice (yt) |
| Filing 15 ANSWER to Complaint Count IV by Officer Hickman, Village of Sauk Village (Attachments: #1 Notice of Filing)(Zale, Amy) |
| Filing 14 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery scheduling and supervision and any settlement conference.(air, )Mailed notice. |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the parties' joint initial status report #10 and joint proposed case management order #12 , discovery scheduling and supervision are referred to the assigned Magistrate Judge. The referral includes authority to conduct any settlement conference the parties may wish to conduct. Mailed notice (air, ) |
| Filing 12 Joint Proposed Case Management Plan by Caprice Smith (Grossich, Jeffrey) |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr:The Court has reviewed the defendant's motion to dismiss #9 . The partial motion seeks the dismissal of Count IV for failing to state a claim under FRCP 12(b)(6). This count, however, is premised on the same operative facts as Counts I-III and Count V and is properly construed as a legal theory as to liability arising from those facts, rather than as an independent claim. Legal theories are not subject to dismissal pursuant to Rule 12(b)(6); in fact, plaintiffs need not even include legal theories in their pleadings. See, e.g., Alioto v. Town of Lisbon, 651 F.3d 715, 721 (7th Cir. 2011) ("[W]e have stated repeatedly (and frequently) that a complaint need not plead legal theories, which can be learned during discovery."). Because the motion to dismiss does not allege the insufficiency of the factual claim giving rise to the legal theories laid out in Counts I-III and Count V, the motion to dismiss #9 must be denied. The proper time to challenge the viability of a legal theory is on summary judgment. Mailed notice (air, ) |
| Filing 10 STATUS Report Joint Initial Status Report by Caprice Smith (Grossich, Jeffrey) |
| Filing 9 MOTION by Defendants Village of Sauk Village, Officer Hickman to dismiss Count IV of Plaintiff's Complaint (Zale, Amy) |
| Filing 8 Defendants' ANSWER to Complaint and Affirmative Defenses by Officer Hickman, Village of Sauk Village (Attachments: #1 Notice of Filing)(Zale, Amy) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 10/7/20. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 6 ATTORNEY Appearance for Defendants Officer Hickman, Village of Sauk Village by Amy Elaina Zale (Zale, Amy) |
| Filing 5 ATTORNEY Appearance for Defendants Officer Hickman, Village of Sauk Village by Michael J. McGrath (McGrath, Michael) |
| Filing 3 ATTORNEY Appearance for Plaintiff Caprice Smith by Blake Wolfe Horwitz (Horwitz, Blake) |
| Filing 2 ATTORNEY Appearance for Plaintiff Caprice Smith by Jeffrey Christian Grossich (Grossich, Jeffrey) |
| Filing 1 COMPLAINT filed by Caprice Smith; Jury Demand. Filing fee $ 400, receipt number 0752-17378800. (Attachments: #1 Civil Cover Sheet)(Grossich, Jeffrey) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (gw, ) |
| SUMMONS Issued as to Defendants Officer Hickman, Village of Sauk Village (exr, ) |
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