Atkins v. AT&T Customer Services, Inc.
| Mark Atkins |
| AT&T Customer Services, Inc. and AT&T Services, Inc. |
| 1:2021cv04207 |
| August 6, 2021 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Both |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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Filing 33
ENTERED JUDGMENT on 11/21/2022. Mailed notice. (dm, )
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Filing 32
MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Defense counsel appeared telephonically. Despite being notified of the hearing by mail, Pro se Plaintiff failed to appear and notify the court of a conflict. Plaintiff also failed to execute the consent forms he was ordered to sign and return to defense counsel on 9/21/22 #30 and 10/19/22 #31 . Plaintiff was warned on 9/21/22 and 10/19/22 failure to appear at the next status hearing could result in his case being dismissed for failure to prosecute. This matter is dismissed without prejudice based on Plaintiff's failure to prosecute. See McInnis v. Duncan, 697 F.3d 661 (7th Cir. 2012); Reinoehl v. Centers for Disease Control & Prevention, 2022 WL 14461946, at *2 (7th Cir. Oct. 25, 2022). Civil case terminated. Mailed notice. (dm, )
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MAILED copy of Minute Entry and Judgment dated 11/21/22 to Plaintiff. (dm, )
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Filing 31
MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Defense counsel appeared telephonically. Pro se Plaintiff failed to appear and notify the court of a conflict. Plaintiff has also failed to execute the consent forms he was ordered to sign and return to defense counsel on 9/21/22. #30 . He was order to submit those forms to defendant by 10/11/22. Telephonic status hearing is continued to 11/21/22 at 9:30 AM. The Clerk is directed to send this order to Mr. Atkins to notify him of the hearing. Mr. Atkins is required to be present telephonically, unless an attorney has filed an appearance on his behalf. Plaintiff is again warned failure to appear at the next status hearing could result in his case being dismissed for failure to prosecute. For the hearing, parties should call 866-434-5269; access code 3751971. Mailed notice. (dm, )
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MAILED a copy of Order dated 10/19/22 to Plaintiff. (dm, )
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MAILED a copy of Order dated 9/21/22 to Plaintiff. (dm, )
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Filing 30
MINUTE entry before the Honorable Mary M. Rowland: Telephonic motion hearing held. Plaintiff's counsel and defense counsel appeared telephonically. Plaintiff Atkins failed to appear despite being notified to do so by his counsel and the court. Attorney Joel Handler's motion to withdraw as counsel for Plaintiff #28 is granted. Defense counsel reported on the status of discovery. Defense counsel is waiting for Plaintiff to sign 3 consent form currently in his possession. Plaintiff is ordered to sign the consent forms and send them directly to defense counsel by 10/11/22. The court will allow time for Mr. Atkins to retain counsel. Telephonic status hearing set for 10/19/22 at 9:30 AM. The Court requests Attorney Handler to send this order to Mr. Atkins to notify him of the hearing. For the hearing, parties should call 866-434-5269; access code 3751971. Mr. Atkins is required to be present telephonically, unless an attorney has filed an appearance on his behalf. Plaintiff is warned failure to appear at the next status hearing could result in his case being dismissed for failure to prosecute. Mailed notice. (dm, )
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Filing 29
MINUTE entry before the Honorable Mary M. Rowland: Motion to withdraw #28 is set for 9/21/22 at 9:45AM. Mr. Atkins is directed to appear telephonically. Parties should call 866-434-5269; access code 3751971. 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. Mailed notice. (dm, )
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Filing 28
MOTION by Attorney Joel F. Handler to withdraw as attorney for Mark Atkins. New address information: 1509 S. Karlov Avenue, Chicago, IL 60623 (Attachments: #1 Notification of Party Contact Information Form)(Handler, Joel)
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Filing 27
MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. Parties report on the status of discovery. No settlement discussions have occurred, and the parties do not request a settlement conference at this time. On or before 10/17/22 parties shall file a joint status report updating the court on the status of discovery and whether a settlement conference would be productive. Mailed notice. (dm, )
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Filing 26
STATUS Report JOINT STATUS REPORT by AT&T Services, Inc. (Iannicelli, Gioconda)
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Filing 25
AGREED CONFIDENTIALITY ORDER Signed by the Honorable Mary M. Rowland on 7/11/2022. Mailed notice. (dm, )
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Filing 24
MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion for entry of agreed confidentiality order #23 is granted. Enter Agreed Confidentiality Order. Mailed notice. (dm, )
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Filing 23
MOTION by Defendant AT&T Services, Inc. for order ENTRY OF AGREED CONFIDENTIALITY ORDER (Iannicelli, Gioconda)
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Filing 22
ANSWER to amended complaint // Defendant's Answer to Plaintiff's Second Amended Complaint by AT&T Services, Inc.(Iannicelli, Gioconda)
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Filing 21
MINUTE entry before the Honorable Mary M. Rowland: Plaintiff having timely filed an amended complaint #20 that appears, at least upon initial review, to have cured the deficiencies in his original complaint, Defendant is ordered to answer the amended complaint by 6/6/22. This Court also lifts the prior stay of discovery. The Court also adopts in large part the discovery schedule proposed by the parties in their joint status report #15 . Rule 26(a)(1) disclosures are due 6/6/22; first set of written discovery requests are due 6/27/22; and fact discovery shall close on 2/6/23. On or before 9/2/22, the parties shall file a joint written status report updating the Court on the status of discovery and whether a settlement conference would be productive. Mailed notice. (dm, )
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Filing 20
Second AMENDED complaint by Mark Atkins against AT&T Services, Inc. (Attachments: #1 Exhibit A, #2 Notice of Filing)(Handler, Joel)
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Filing 19
MEMORANDUM Opinion and Order: This Court grants Defendant's motion to dismiss #11 and dismisses Plaintiff's amended complaint #9 without prejudice. Plaintiff is given leave to amend his complaint to the extent he can do so consistent with this opinion and his Rule 11 obligations. Plaintiff's amended complaint shall be filed by May 20, 2022. Failure to amend by May 20 will result in an automatic dismissal of this case with prejudice Signed by the Honorable Mary M. Rowland on 5/3/2022. (See attached Order for further detail.)Mailed notice. (dm, )
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Filing 18
REPLY by Defendant AT&T Services, Inc. to Motion to Dismiss for Failure to State a Claim #11 Reply Memorandum of Law in Support of Its Rule 12(b)(6) Motion to Dismiss Plaintiff's Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Iannicelli, Gioconda)
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Filing 17
MEMORANDUM by Mark Atkins in Opposition to Motion to Dismiss for Failure to State a Claim #11 (Attachments: #1 Affidavit, #2 Notice of Filing)(Handler, Joel)
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Filing 16
MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint initial status report. At the request of the parties, discovery is stayed until after a ruling is issued on the pending motion. Mailed notice. (dm, )
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Filing 15
STATUS Report Joint Initial Status Report by AT&T Services, Inc. (Phanthavong, Christy)
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Filing 14
MINUTE entry before the Honorable Mary M. Rowland: By agreement of the parties, briefing schedule entered on 10/26/21 is modified as follows: Plaintiff's response to Defendant's motion to dismiss #11 is due 12/1/21. Defendant's reply is due 12/22/21. The court will rule by mail. Mailed notice. (dm, )
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Filing 13
MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendant's motion to dismiss #11 is due 11/23/21. Defendant's reply is due 12/14/21. The court will rule by mail. Mailed notice. (dm, )
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Filing 12
MEMORANDUM by AT&T Services, Inc. in support of rule 12(b)(6) motion to dismiss amended complaint with prejudice #11 (Attachments: #1 Exhibit A)(Iannicelli, Gioconda) Docket Text Modified by Clerk's Office on 10/26/2021 (cp, ).
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Filing 11
MOTION Rule 12(b)(6) to dismiss plaintiff's amended complaint with prejudice by Defendant AT&T Services, Inc. (Iannicelli, Gioconda) Docket Text Modified by Clerk's Office on 10/26/2021 (cp, ).
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Filing 10
MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for enlargement of time within which to answer or otherwise plead #8 is granted. Defendant shall answer or otherwise plead by 10/25/21. The deadline of 10/20/21 for parties to file a joint initial status report #4 is re-set to 11/8/21. Mailed notice. (dm, )
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Filing 9
AMENDED complaint by Mark Atkins against AT&T Services, Inc. and terminating AT&T Customer Services, Inc. (Attachments: #1 Exhibit A)(Handler, Joel)
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Filing 8
MOTION by Defendant AT&T Customer Services, Inc. for extension of time to file answer or otherwise plead (Iannicelli, Gioconda)
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Filing 7
Corporate Disclosure Statement and Notification of Affiliates by AT&T Customer Services, Inc. (Iannicelli, Gioconda)
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Filing 6
ATTORNEY Appearance for Defendant AT&T Customer Services, Inc. by Christy Elenbaas Phanthavong (Phanthavong, Christy)
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Filing 5
ATTORNEY Appearance for Defendant AT&T Customer Services, Inc. by Gioconda V. Iannicelli (Iannicelli, Gioconda)
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Filing 4
MINUTE entry before the Honorable Mary M. Rowland: On or before 10/20/21, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, )
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Filing 3
SUMMONS Returned Executed by Mark Atkins as to AT&T Customer Services, Inc. on 8/20/2021, answer due 9/10/2021. (Handler, Joel)
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SUMMONS Issued as to Defendant AT&T Customer Services, Inc. (jmk, )
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CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (ng, )
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Filing 2
ATTORNEY Appearance for Plaintiff Mark Atkins by Joel F. Handler (Handler, Joel)
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Filing 1
COMPLAINT filed by Mark Atkins; Jury Demand. Filing fee $ 402, receipt number 0752-18543471. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Handler, Joel)
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