Khan v. HCL America Inc.
| Aftab A. Khan |
| HCL America Inc. |
| 1:2021cv04827 |
| September 13, 2021 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 MINUTE entry before the Honorable Thomas M. Durkin: Motion for extension of time #12 is granted. The 11/23/2021 joint status report deadline is extended to 1/7/2022. Plaintiff's request for appointment of counsel is denied for the reasons stated in the order of 9/14/2021 #6 . Mailed notice. (ecw, ) |
| Filing 12 MOTION by Plaintiff Aftab A. Khan for extension of time for joint status report due date from 11/23/2021. (cp, ) |
| Filing 10 EXHIBITS regarding Charge No. 2020cr3121, EEOC No. 556-2020-00504, by Plaintiff Aftab A. Khan. (cp, ) |
| Filing 8 LETTER from Aftab A. Khan dated 11/08/2021. (Exhibits) (daj, ) |
| Filing 7 MINUTE entry before the Honorable Thomas M. Durkin: By 11/23/2021, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (ecw, ) |
| Filing 6 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff filed a motion for attorney representation. R. #5 . There is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010); see also Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). Nevertheless, the Court has discretion under 28 U.S.C. 1915(e)(1) to recruit counsel for an indigent litigant. Ray v. Wexford Health Sources, Inc., 706 F.3d 864, 866-67 (7th Cir. 2013). When a pro se litigant requests appointed counsel, the Court must first consider whether he has made reasonable attempts to secure counsel on his own. Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013) (citing Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc)). If so, the Court must examine "whether the difficulty of the case - factually and legally - exceeds the particular plaintiff's capacity as a layperson to coherently present it." Navejar, 718 F.3d at 696 (quoting Pruitt, 503 F.3d at 655). "The question... is whether the plaintiff appears competent to litigate [his] own claims, given their degree of difficulty, and this includes the tasks that normally attend litigation: evidence gathering, preparing and responding to motions and other Court filings, and trial." Pruitt, 503 F.3d at 655. The Court also considers such factors as the plaintiff's "literacy, communication skills, education level, and litigation experience." Id. After considering the above factors, the Court concludes that the appointment of counsel is not warranted here. While Mr. Khan has represented to the Court that he has contacted certain attorneys and organizations seeking representation, Mr. Khan has post-graduate educational experience and he has not alleged any physical or mental disability that might preclude him from adequately investigating the facts giving rise to this lawsuit. To this point, Mr. Khan's complaint is comprehensible and well prepared. Furthermore, the complaint does not appear so complicated that he is unable to pursue his claims without counsel. It should be noted that this Court grants pro se litigants wide latitude to handle their lawsuits. Therefore, Mr. Khan's motion for attorney representation is denied without prejudice. Should the case proceed to a point where assistance of counsel is appropriate, the Court may revisit Mr. Khan's request at that time. Mailed notice. (ecw, ) |
| Filing 5 MOTION by Plaintiff Aftab A. Khan for attorney representation (exr, ) |
| Filing 4 PRO SE Appearance by Plaintiff Aftab A. Khan (exr, ) |
| Filing 3 CIVIL Cover Sheet (exr, ) |
| Filing 1 COMPLAINT filed by Aftab A. Khan (Exhibits) (exr, ) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (exr, ) |
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| Plaintiff: Aftab A. Khan | |
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| Defendant: HCL America Inc. | |
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