Arrietta v. P.O. John Doe 1-2
| Christian Arrietta |
| P.O. John Doe 1-2 |
| 1:2022cv02625 |
| May 18, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to compel subpoena response #7 is denied. Plaintiff argues that the City of Chicago should be compelled to comply with his subpoena without imposing the $45 fee that the City charges for responding to federal subpoenas. Plaintiff relies on Federal Rule of Civil Procedure 45, which discusses subpoenas and does not itself require fees for a federal subpoena for the production of documents. According to plaintiff, the City has no authority to impose a fee for a federal subpoena since Rule 45, as well as the Illinois legislature for state court cases, are silent on the issue. However, Rule 45's silence does not necessarily amount to a prohibition, and what the Illinois legislature has or has not done for state courts is inapposite. The court is unaware of any other courts in this district that have prevented the City from requiring the payment of a fee before it responds to federal subpoenas. By contrast, at least one court in this district has rejected a challenge to the fee, brought by a plaintiff who initially paid the fee, then sought to recover it. See Thomas v. City of Chicago, No. 20 C 4323, 2021 WL 1923406 (N.D. Ill. May 13, 2021). (rao, ) |
| Filing 7 MOTION by Plaintiff Christian Arrietta to compel Subpoena Response (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kulis, Gregory) |
| Filing 6 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 8/19/2022. (Attachments: #1 Initial Joint Status Report Outline) (rao, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Christian Arrietta by Vincenzo Bruno Caporale (Caporale, Vincenzo) |
| Filing 4 ATTORNEY Appearance for Plaintiff Christian Arrietta by Gianna Gizzi (Gizzi, Gianna) |
| Filing 3 Attorney's Lien by Christian Arrietta (Kulis, Gregory) |
| Filing 2 ATTORNEY Appearance for Plaintiff Christian Arrietta by Gregory E. Kulis (Kulis, Gregory) |
| Filing 1 COMPLAINT filed by Christian Arrietta; Jury Demand. Filing fee $ 402, receipt number AILNDC-19478393. (Attachments: #1 Civil Cover Sheet)(Kulis, Gregory) |
| 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. (ey, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (ey, ) |
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| Plaintiff: Christian Arrietta | |
| Represented By: | Gianna Gizzi |
| Represented By: | Vincenzo Bruno Caporale |
| Represented By: | Gregory E. Kulis |
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| Defendant: P.O. John Doe 1-2 | |
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