Scoby v. Tate et al
| Roger Scoby and Roger M. Scoby |
| City of Berwyn, Thomas Tate and John B. Hadjioannou |
| 1:2021cv05742 |
| October 27, 2021 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 72 CERTIFICATE of Service by K. Austin Zimmer on behalf of John B. Hadjioannou, Thomas Tate (Zimmer, K.) |
| Filing 71 RESPONSE by Defendants John B. Hadjioannou, Thomas Tate DEFENDANTS' RESPONSE TO PLAINTIFF'S STATEMENT OF MATERIAL FACTS TO DENY MOTION FOR SUMMARY JUDGMENT (Zimmer, K.) |
| Filing 70 REPLY by Defendants John B. Hadjioannou, Thomas Tate DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF SUMMARY JUDGMENT (Zimmer, K.) |
| Filing 69 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendants' motion for extension of time to file their reply in support of their motion for summary judgment #67 is granted. Defendant is granted an extension of time up to, and including, June 26, 2023, to file their reply. Mailed notice. (cp, ) |
| Filing 68 CERTIFICATE of Service by Defendants John B. Hadjioannou, Thomas Tate (Zimmer, K.) |
| Filing 67 MOTION by Defendants John B. Hadjioannou, Thomas Tate for extension of time to file response/reply DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE THEIR REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT (Zimmer, K.) |
| Filing 66 STATEMENT by Roger M. Scoby of material facts to deny motion for summary judgment (exr, ) |
| Filing 65 MEMORANDUM by Roger M. Scoby in support to deny defendant's motion for summary judgment #64 (Envelope not postmarked) (exr, ) |
| Filing 64 MOTION by Plaintiff Roger M. Scoby to deny summary judgment (exr, ) |
Filing 63
ORDER: The court grants Plaintiff's motion for an extension #62 . Plaintiff shall respond to the motion for summary judgment by May 22, 2023 (the requested date of May 20, 2023, falls on a Saturday). Defendants' reply, if any, is due by June 5, 2023. Signed by the Honorable Rebecca R. Pallmeyer on 5/2/2023. Mailed notice. (cp, )
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| Filing 62 MOTION by Plaintiff Roger M. Scoby for extension (Envelope postmarked 4/26/2023) (exr, ) |
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Filing 61
ORDER: Plaintiff's "notice" #60 is before the court. Plaintiff asserts that defense counsel failed to designate Defendants' pending motion for summary judgment #51 and related filings as legal mail. While these documents are legal in nature and were sent through the mail, they are from opposing counsel and appear on the public docket. Thus, they are not subject to rules governing attorney-client communications sent to and from an inmate held in a correctional facility. See Guajardo-Palma v. Martinson, 622 F.3d 801, 804 (7th Cir. 2010). Plaintiff also asserts that Defendants' latest motion for summary judgment #51 is procedurally deficient. He is reminded that his response is due by April 27, 2023, and Defendants' reply, if any, is due by May 11, 2023. Defendants' Local Rule 56.2 notice #56 contains information about preparing a response. Plaintiff is welcome to submit a substantive response by April 27, 2023. If he chooses not to do so, the court will consider his "notice" #60 when it rules. Signed by the Honorable Rebecca R. Pallmeyer on 4/10/2023. Mailed notice. (cp, )
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| Filing 60 NOTICE by Roger M. Scoby (Envelope postmarked 4/3/2023) (exr, ) |
| Filing 59 CERTIFICATE of Service by Defendants John B. Hadjioannou, Thomas Tate (Zimmer, K.) |
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Filing 58
ORDER: Plaintiff has submitted a "notification" #57 in response to Defendants' renewed motion for summary judgment #51 . Plaintiff asserts that the renewed motion for summary judgment #51 and associated filings are exact duplicates of the first motion for summary judgment #44 and associated filings. The court previously directed defense counsel to resend the initial summary judgment documents because the certificate of service did not specify that they had been sent to Plaintiff via U.S. Mail #50 . To avoid any confusion, defense counsel is directed to send Plaintiff another copy of the pending summary judgment filings #51 #52 #53 #54 #56 , along with a copy of this order. The date for Plaintiff to respond to the renewed motion for summary judgment #51 is extended from April 13, 2023, to April 27, 2023. Defendants' reply, if any, is due by May 11, 2023. Other than the renewed motion for summary judgment, this case remains stayed (in other words, paused) given Plaintiff's pending state criminal proceedings. Signed by the Honorable Rebecca R. Pallmeyer on 3/27/2023. Mailed notice. (cp, )
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| Filing 57 NOTIFICATION letter from Roger M. Scoby dated 3/17/2023. (Envelope post dated 3/20/2023) (jk2, ) |
| Filing 56 CERTIFICATE of Service AMENDED CERTIFICATE OF SERVICE by K. Austin Zimmer on behalf of John B. Hadjioannou, Thomas Tate (Attachments: #1 Local Rule 56.2 Notice)(Zimmer, K.) |
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Filing 55
ORDER: Defendants have filed a motion for summary judgment #51 , a memorandum in support #52 , a statement of material facts #53 , and a certificate of service for those documents #54 . Defense counsel is again reminded, see #48 , of the need to comply with LR 56.2. The LR 56.2 notice they previously submitted in connection with their first summary judgment motion does not satisfy this obligation. Plaintiff is reminded that his response is due by April 13, 2023, and defendants' reply, if any, is due by April 27, 2023. Other than the motion for summary judgment, this case remains stayed (in other words, paused) given Plaintiff's pending state criminal proceedings. Signed by the Honorable Rebecca R. Pallmeyer on 3/15/2023. Mailed notice. (cp, )
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| Filing 54 CERTIFICATE of Service by K. Austin Zimmer on behalf of John B. Hadjioannou, Thomas Tate regarding statement in support, #53 , MOTION by Defendants Thomas Tate, John B. Hadjioannou for summary judgment MOTION FOR SUMMARY JUDGMENT #51 , memorandum in support of motion #52 (Zimmer, K.) |
| Filing 53 STATEMENT by Defendants John B. Hadjioannou, Thomas Tatein Support of MOTION by Defendants Thomas Tate, John B. Hadjioannou for summary judgment MOTION FOR SUMMARY JUDGMENT #51 STATEMENT OF MATERIAL FACTS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Zimmer, K.) |
| Filing 52 MEMORANDUM by John B. Hadjioannou, Thomas Tate in support of motion for summary judgment #51 MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Zimmer, K.) |
| Filing 51 MOTION by Defendants Thomas Tate, John B. Hadjioannou for summary judgment MOTION FOR SUMMARY JUDGMENT (Zimmer, K.) |
| MAILED Order #48 to Roger M. Scoby (jk2, ) |
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Filing 50
ORDER: In his "notification" #49 , dated February 21, 2023, Plaintiff represents that he has not received a copy of Defendants' summary judgment submissions #44 #45 #46 #47 . The certificate of service #47 lists Plaintiff's Cook County Jail address, but it also shows that service was completed electronically, even though Plaintiff is not an e-filer. Defense counsel shall promptly mail Plaintiff another set of the summary judgment submissions and file a certificate of service. Although Plaintiff's "notification" likely crossed in the mail with the court's February 16, 2023 order #48 denying Defendants' motion for summary judgment without prejudice, the Clerk is directed to mail Plaintiff another copy of the February 16, 2023 order #48 . Plaintiff is reminded that any renewed motion for summary judgment from Defendants is due March 15, 2023; Plaintiff's response is due by April 13, 2023; and Defendants' reply, if any, is due by April 27, 2023. Other than a potential renewed motion for summary judgment addressing the statute of limitations, this case remains stayed (in other words, paused) given Plaintiff's pending state criminal proceedings. Signed by the Honorable Rebecca R. Pallmeyer on 3/1/2023: Mailed notice (jk2, )
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| Filing 49 NOTIFICATION by Roger M. Scoby. (Envelope postmarked 02/22/2023) (rc, ) |
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Filing 48
ORDER: The court denies Defendants' motion for summary judgment #44 without prejudice. Any renewed motion must be filed by March 15, 2023; Plaintiff's response is due by April 13, 2023; and Defendants' reply, if any, is due by April 27, 2023. Defense counsel is reminded of the need to comply with LR 56.2. Other than a potential renewed motion for summary judgment addressing the statute of limitations, this case remains stayed. Signed by the Honorable Rebecca R. Pallmeyer on 2/16/2023. Mailed notice. (cp, )
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| Filing 47 CERTIFICATE of Service with Local Rule 56.2 Notice by K. Austin Zimmer on behalf of John B. Hadjioannou, Thomas Tate (Attachments: #1 Local Rule 56.2 Notice)(Zimmer, K.) |
| Filing 46 STATEMENT by Defendants John B. Hadjioannou, Thomas Tatein Support of MOTION by Defendants Thomas Tate, John B. Hadjioannou for summary judgment #44 STATEMENT OF MATERIAL FACTS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Zimmer, K.) |
| Filing 45 MEMORANDUM by John B. Hadjioannou, Thomas Tate in support of motion for summary judgment #44 MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Zimmer, K.) |
| Filing 44 MOTION by Defendants Thomas Tate, John B. Hadjioannou for summary judgment (Zimmer, K.) |
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Filing 43
ORDER: Signed by the Honorable Rebecca R. Pallmeyer on 1/23/2023. Mailed notice. (cp, )
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| Filing 42 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion for attorney representation #41 is denied without prejudice. Order to enter. Mailed notice. (cp, ) |
| Filing 41 MOTION by Plaintiff Roger M. Scoby for appointment of counsel (Exhibits) (Envelope postmark illegible) (exr, ) |
| Filing 40 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing held. Plaintiff, pro se, was present. For reasons stated on the record, the court lifts the stay and sets the following briefing schedule: The deadline for the defendant's filing of a dispositive motion is 2/13/2023; Plaintiff's response is due by 3/6/2023; and Plaintiff's reply, if any, is due by 3/20/2023. Defense counsel is reminded of the need to comply with LR 56.2. Mailed notice. (cp, ) |
| Filing 39 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The telephone status hearing set for 1/5/2023 is stricken and re-set to 1/10/2023 at 11:30 a.m. Members of the public and media will be able to call in to listen to this hearing. Instructions and a link to the conference number are located on Judge Pallmeyer's website. 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. (cp, ) |
| Filing 38 NOTIFICATION by Roger M. Scoby (Envelope postmarked 12/15/2022) (exr, ) |
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Filing 37
ORDER: Plaintiff has moved for leave to submit an expanded amended complaint #36 . As the court has explained, however #32 #35 , this case is currently stayed (in other words, paused) pending completion of his state criminal proceedings. The Defendants may seek to lift the stay for the limited purpose of pursuing a dispositive motion based on the statute of limitations calculated from the date that Plaintiff actually became aware of the search of his cell phone location information. See #32 #35 . If that occurs, the court will provide guidance. Other than that, however, this case remains paused until Plaintiff's state case is completely over. Thus, the court denies Plaintiff's motion #36 without prejudice. Signed by the Honorable Rebecca R. Pallmeyer on 12/13/2022. Mailed notice. (cp, )
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| Filing 36 MOTION by Plaintiff Roger M. Scoby for leave to file an supplemental amended complaint (Envelope postmarked 12/7/2022) (exr, ) |
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Filing 35
ORDER: This case is currently stayed (in other words, paused) pending completion of Plaintiff's state criminal proceedings. The Defendants may seek to lift the stay for the limited purpose of pursuing a dispositive motion based on the statute of limitations, calculated from the date that Plaintiff became actually aware of the search of his cell phone location information. See #32 . If that occurs, the court will provide guidance. At this time, however, as nothing is required from Plaintiff, his renewed motion for attorney representation #34 is denied without prejudice. Signed by the Honorable Rebecca R. Pallmeyer on 11/17/2022. Mailed notice. (cp, )
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| Filing 34 MOTION by Plaintiff Roger M. Scoby for attorney representation (Envelope postmarked 11/8/2022) (exr, ) |
| Filing 33 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Per the court's 10/12/2022 order #32 , this matter is continued for a telephone status on 1/5/2023 at 9:30 a.m. The court denied Defendants' motion to dismiss #28 but grants their motion to stay this lawsuit pending completion of Plaintiff's state criminal proceedings. Mailed notice. (cp, ) |
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Filing 32
ORDER: Signed by the Honorable Rebecca R. Pallmeyer on 10/12/2022. Mailed notice. (cp, )
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| Filing 31 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing set for 10/4/2022 is stricken and RE-SET for 10/12/2022 at 9:45 a.m. Members of the public and media will be able to call in to listen to this hearing. Instructions and a link to the conference number are located on Judge Pallmeyer's website. 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. (cp, ) |
| Filing 30 NOTICE of Correction regarding #29 (rp, ) |
| Filing 29 MAIL RETURNED, for document #25 sent to Roger M. Scoby returned as undeliverable, return to sender. Missing ID has been added to mailing label and remailed to Cook County Jail with proper Prisoner ID. (mbh, ) Modified on 9/26/2022 (rp, ). |
| Filing 28 MOTION by Defendants Thomas Tate, John B. Hadjioannou to dismiss DEFENDANTS THOMAS TATE AND JOHN B. HADJIOANNOU'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12(B)(6), AND IN THE ALTERNATIVE, DEFENDANTS' MOTION TO STAY (Zimmer, K.) |
| MAILED copy of the docket and additional copies of the court's August 9, 2022, and September 6, 2022 orders to plaintiff (exr, ) |
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Filing 27
ORDER: Cook County Jail correctional staff directed the United States Postal Service to return Plaintiff's copy of the court's August 9, 2022 order #20 because the inmate number did not match the number on file at the Jail. The Clerk is directed to: (1) correct the docket to reflect that Plaintiff's inmate number is 2017-0408154; and (2) send Plaintiff a copy of the docket and additional copies of the court's August 9, 2022, and September 6, 2022 orders #20 #25 . Signed by the Honorable Rebecca R. Pallmeyer on 9/8/2022. Mailed notice. (cp, )
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| Filing 26 MAIL RETURNED, for document #20 sent to Roger Scoby returned as undeliverable, return to sender. New address found, re-mailed to 8337 S. Marshfield Chicago IL 60620 (khg, ) |
| Filing 25 MINUTE entry before the Honorable Rebecca R. Pallmeyer: A telephone Status hearing is set for 10/4/2022 at 10:30 a.m. Members of the public and media will be able to call in to listen to this hearing. Instructions and a link to the conference number are located on Judge Pallmeyer's website. 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. (cp, ) |
| Filing 24 WAIVER OF SERVICE returned executed by Thomas Tate. Thomas Tate waiver sent on 7/22/2022, answer due 9/20/2022. (Coghlan, Catherine) |
| Filing 23 WAIVER OF SERVICE returned executed by John B. Hadjioannou. John B. Hadjioannou waiver sent on 7/22/2022, answer due 9/20/2022. (Coghlan, Catherine) |
| Filing 22 ATTORNEY Appearance for Defendants John B. Hadjioannou, Thomas Tate by Catherine Newell Coghlan (Coghlan, Catherine) |
| Filing 21 ATTORNEY Appearance for Defendants John B. Hadjioannou, Thomas Tate by K. Austin Zimmer (Zimmer, K.) |
| MAILED a copy of order #20 to Plaintiff. (ph, ) |
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Filing 20
ORDER: The Marshal's Service reports that Plaintiff paid the service fee as directed. It thus sent waiver requests for Detectives Tate and Hadjioannou. In response, it received an email from defense counsel (Attorney Austin Zimmer) on July 28, 2022, stating that counsel planned to "review and discuss the waivers with the officers and then file with the court." Counsel shall file an appearance and the completed waivers or a status report by September 2, 2022. Other than updating his address as necessary, nothing is required from Plaintiff at this time. The court will let Plaintiff know when this changes and provide instructions. The Clerk is directed to send copies of this order to Plaintiff and Attorney Zimmer (zimmer@dlglawgroup). Signed by the Honorable Rebecca R. Pallmeyer on 8/9/2022. Mailed notice. (cp, )
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Filing 19
ORDER: Plaintiff has written to the court concerning his payment status. The letter #18 is undated; Plaintiff is reminded that he must date all correspondence sent to the Clerk. Plaintiff states that he "mailed a check payable to U.S. Marshals Service on 6-1-2022 of sixty five dollars to 219 So. Dearborn like I was order" and "will work on making copies of the receipt to show the court." Plaintiff is advised that as of July 5, 2022, neither the Clerk's Office nor the Marshal have received his check. Plaintiff should promptly obtain a copy of the check from Jail officials and send it to the Clerk in care of the Prisoner Correspondent. If he is does not do so by August 1, 2022, so that service can be effected by August 12, 2022, this lawsuit will be subject to dismissal with no further warning. Signed by the Honorable Rebecca R. Pallmeyer on 7/5/2022.Mailed notice(mjc, )
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| Filing 18 LETTER from Roger M. Scoby. (Envelope postmark 6/27/2022) (cxr, ) |
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Filing 17
ORDER: In an order dated May 13, 2022 #13 , the court addressed Plaintiff's failure to send the required deposit for service of process of the first amended complaint #6 to the Marshals Service (USMS), extended the date to effect service to August 12, 2022, and warned Plaintiff that failure to promptly address the deposit could result in dismissal of this lawsuit. In response, Plaintiff submitted a letter #14 explaining that he had received "paperwork" from the Marshal but "decided to amend [his] complaint for the last time with new evidence." The court entered another order on June 2, 2022 #15 ; this order noted that Plaintiff had provided no details about his desired changes, nor had he submitted a proposed second amended complaint. The court's June 2 order reminded Plaintiff, that portions of his first amended complaint #6 had survived initial review and that submission of evidence at this stage of the proceedings was unnecessary. The order also reminded him "to respond to the Marshal's request for a service deposit or make alternative arrangements for service, right away" given the August 12, 2022 deadline. In response, Plaintiff has submitted a proposed second amended complaint #16 that is substantially similar to the operative complaint. The court declines to screen this pleading as Plaintiff has not filed a motion seeking leave to amend and has not identified the intended differences between the proposed second amended complaint and the first amended complaint, which has not yet been served on Defendant. USMS advises that it sent a second request for payment to Plaintiff on May 17, 2022, and has not received payment as of June 13, 2022. Plaintiff's desire to amend his complaint again will not excuse any failure to complete servicewhether via the Marshal or a private process serverby the August 12, 2022 deadline. If service is not completed by then, this lawsuit will be subject to dismissal with no further warning. Signed by the Honorable Rebecca R. Pallmeyer on 6/14/2022. Mailed notice. (exr, )
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| Filing 16 RECEIVED Amended Complaint and no copies by Roger M. Scoby (Exhibits) (Envelope not postmarked) (exr, ) |
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Filing 15
ORDER: In May 2022, the U.S. Marshal reported that Plaintiff had not paid the required deposit for service of process in this case. In an order dated May 13, 2022 #13 , the court directed the Marshal to re-send the request for payment to Plaintiff. The court's order encouraged Plaintiff to employ the Marshal to effect service, extended the date to effect service to August 12, 2022, and warned him that failure to promptly address the deposit so service could be completed by this date could result in dismissal of this lawsuit. In response, Plaintiff has submitted a letter #14 explaining that he "did receive the paperwork for the U.S. Marshal Service" but "decided to amend [his] complaint for the last time with new evidence." Plaintiff has provided no details about his desired changes or submitted a proposed amended complaint. See Loughran v. Wells Fargo Bank, N.A., 2 F.4th 640, 651 (7th Cir. 2021) (affirming denial of a single-sentence motion for leave to amend). The court has already screened his amended complaint #6 , however, and there is no need for him to submit evidence at this stage of the proceedings. Instead, the next step is to effect service on Detectives Tate and Hadjioannou by the due date of August 12, 2022. To make sure this happens in time, Plaintiff should respond to the Marshal's request for a service deposit or make alternative arrangements for service, right away. Plaintiff's request for leave to submit an amended complaint #14 is denied without prejudice. Plaintiff is reminded that if service is not completed by August 12, 2022, this lawsuit may be dismissed with no further warning. Signed by the Honorable Rebecca R. Pallmeyer on 6/2/2022.Mailed notice(mjc, )
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| Filing 14 LETTER from Roger M. Scoby (Envelope postmarked 5/25/2022) (exr, ) |
| MAILED Order dated 5/13/2022 to the Plaintiff. (jh, ) |
| EMAILED Order dated 5/13/2022 to the U.S. Marshal Service. (jh, ) |
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Filing 13
ORDER: Signed by the Honorable Rebecca R. Pallmeyer on 5/13/2022: As he is not proceeding in forma pauperis and has not demonstrated that he cannot pay the service fee, Plaintiff is not entitled to service of process at government expense. See FED. R. CIV. P. 4(c)(3). In the interests of efficiency, the court nevertheless appointed the U.S. Marshal to serve Detectives Tate and Hadjioannou. The Marshal contacts litigants directly for payment of the service fee and reports that it has not received payment from Plaintiff, although he submitted completed service forms. The Marshal is directed to resend the request for payment of the deposit to effect service to Plaintiff. Plaintiff is advised that total service costs generally range between $65.00 and $250.00 per location. See 28 U.S.C. 1921; 28 C.F.R. 0.114. He is encouraged to employ the Marshal to effect service but may also retain a private process server. If he elects to employ the services of the Marshal, he must promptly pay the required deposit as the Marshal will not take further action until he does so. Because Plaintiff may not have understood that that he needed to submit a deposit for service, the court extends the date to effect service on Detectives Tate and Hadjioannou to August 12, 2022. See FED. R. CIV. P. 4(m). Failure to effect service by this date may result in dismissal of this lawsuit. The Clerk is directed to send a copy of this order to Plaintiff and the Marshal. Notice mailed by Judge's staff (lf, )
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Filing 12
ORDER: The court denies Plaintiff's motions for attorney representation #8 #10 without prejudice. Court staff will monitor the progress of service, so nothing from Plaintiff is required or appropriate at this time. The Clerk is directed to forward the service forms for Detectives Tate and Hadjioannou 11 to the Marshal. Plaintiff is advised that if he wants to renew his motion for attorney representation, he may do so after the Defendants are served and respond to the amended complaint. Signed by the Honorable Rebecca R. Pallmeyer on 4/11/2022. Mailed notice(mjc, )
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| Filing 10 MOTION by Plaintiff Roger M. Scoby for attorney representation. (Exhibits). (Envelope not postmarked). (jn, ) |
| Filing 9 LETTER from Roger M. Scoby. (Envelope not postmarked). (jn, ) |
| Filing 8 MOTION by Plaintiff Roger M. Scoby for attorney representation. (Envelope postmarked 04/04/2022) (rc, ) |
| MAILED two blank USM-285 service forms and a copy of the Order dated 3/21/2022 to the Plaintiff. (jh, ) |
| SUMMONS Issued as to Defendants John B. Hadjioannou, Thomas Tate to the U.S. Marshal Service via email. (jh, ) |
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Filing 7
ORDER: Plaintiff Roger Scoby, who is detained at Cook County Jail on a host of criminal charges, has filed a lawsuit challenging a 2017 warrantless search of his historical cell site location information. As explained in this order, the court concludes his Fourth Amendment search claim against Detectives Thomas Tate and John Hadjioannou survives initial review. Any other claims, based on the United States or Illinois Constitution or against the City of Berwyn, are dismissed. The court directs the Clerk to: (1) issue summonses for service on Detectives Tate and Hadjioannou; (2) correct the docket to add Detective Hadjioannou as an active defendant and reflect that the City of Berwyn is no longer an active defendant; (3) correct the caption to reflect that Detective Tate is the lead defendant; and (3) send Scoby two blank USM-285 service forms and a copy of this order. Scoby must return completed service forms for Detectives Tate and Hadjioannou to the Clerk in care of the Prisoner Correspondent by April 12, 2022. If he fails do so, the court may dismiss Detectives Tate and Hadjioannou, as well as dismiss this case for lack of prosecution. The Marshal is appointed to effect service and is authorized to send requests for waiver of service in the manner prescribed by FED. R. CIV. P. 4(d). Scoby is reminded that he must promptly update his address if it changes while this case is open or risk dismissal of this lawsuit without further warning. [See order for further details]. Signed by the Honorable Rebecca R. Pallmeyer on 3/21/2022.Mailed notice(mjc, )
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| Filing 6 AMENDED Complaint by Roger M. Scoby. (Exhibits) (Envelope not Postmarked) (jh, ) |
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Filing 5
ORDER: Plaintiff's complaint #1 is dismissed with leave to amend. Should Plaintiff fail submit a signed proposed amended complaint by January 18, 2022, the court will dismiss this lawsuit for failure to state a claim. Plaintiff's motion for attorney representation #3 is denied without prejudice as he has contacted only two legal organizations and has not yet received responses, see Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (en banc), and in any event, his current pleading indicates that he can provide a basic summary of events that personally involve him following the guidance in this order. The Clerk is directed to send Plaintiff an amended civil rights complaint form and instructions, as well as a copy of this order. Signed by the Honorable Rebecca R. Pallmeyer on 12/7/2021. Mailed notice (lf, )
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| Filing 3 MOTION by Plaintiff Roger Scoby for attorney assistance. (jh, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jh, ) |
| Filing 1 COMPLAINT filed by Roger Scoby. (Exhibits) (Envelope not Postmarked) (jh, ) |
| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Magistrate Judge Jeffrey Cole. Case assignment: Random assignment. (jh, ) |
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