Montgomery v. Podbielniak et al
| Clarence Montgomery |
| Frank Podbielniak and Village of Posen |
| 1:2022cv00990 |
| February 24, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: The court will give the parties until 5/2/2022 to file an initial joint status report. (Attachments: #1 Initial Status Report outline) (rao, ) |
| Filing 14 MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion for extension of time in which to answer or otherwise respond to Plaintiff's complaint #13 is granted. Defendants to answer or otherwise plead to the complaint by 4/28/2022. (rao, ) |
| Filing 13 MOTION by Defendants Frank Podbielniak, Village of Posen for extension of time to file answer regarding complaint #1 Motion for Extension of Time in which to Answer or Otherwise Respond to Plaintiff's Complaint (Bersani, Michael) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion for extension of time in which to answer or otherwise respond to plaintiff's complaint #10 is granted. Defendants to answer or otherwise plead to plaintiff's complaint by 4/21/2022. (rao, ) |
| Filing 11 ATTORNEY Appearance for Defendants Frank Podbielniak, Village of Posen by Kaleah M. Ault (Ault, Kaleah) |
| Filing 10 MOTION by Defendants Frank Podbielniak, Village of Posen for extension of time to file answer regarding complaint #1 (or otherwise respond) (Bersani, Michael) |
| Filing 9 ATTORNEY Appearance for Defendants Frank Podbielniak, Village of Posen by Michael D. Bersani (Bersani, Michael) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's emergency motion for a preliminary injunction pursuant to Fed. R. Civ. P. 65 #4 is denied. Under Rule 65(a), the court may issue a preliminary injunction only on notice to the adverse party. While plaintiff returned proof of service on 3/2/2022, it is unclear whether this included service of plaintiff's motion for a preliminary injunction or was just service of the summons and complaint. The motion for a preliminary injunction itself contains no certificate of service. Moreover, "[f]or a preliminary injunction to issue, Plaintiff must first establish a likelihood of success on the merits." Harlem Algonquin LLC v. Canadian Funding Corp., 742 F. Supp. 2d 957, 960 (N.D. Ill. 2010). Plaintiff at this time has not shown that he is likely to succeed on the merits of the complaint. Even if the court were to construe the motion as a motion for a temporary restraining order under Rule 65(b), the court may issue a temporary restraining order without written notice only if "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Plaintiff has not made this showing. The parties are directed to file an initial joint status report by 4/28/2022. (Attachments: #1 Initial Status Report outline) (rao, ) |
| Filing 7 SUMMONS Returned Executed by Clarence Montgomery as to Village of Posen on 2/28/2022, answer due 3/21/2022. (bg, ) |
| Filing 6 SUMMONS Returned Executed by Clarence Montgomery as to Frank Podbielniak on 2/28/2022, answer due 3/21/2022. (bg, ) |
| SUMMONS Issued as to Defendants Frank Podbielniak, Village of Posen (ak, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (bg, ) |
| Filing 4 EMERGENCY MOTION by Plaintiff Clarence Montgomery for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedures (bg, ) |
| Filing 3 PRO SE Appearance by Plaintiff Clarence Montgomery (bg, ) |
| Filing 2 CIVIL Cover Sheet (bg, ) |
| Filing 1 COMPLAINT filed by Clarence Montgomery; Jury Demand. (Exhibits) (bg, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (bg, ) |
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