Garner v. Kidd et al
| James Garner |
| Thomas Costello, City Of Chicago, Hashtag Vision, LLC, Integrity Investments Fund, LLC's, Rosetone Investments, LLC, Philip Cocomise, Allan Kirchner, Ira Nevel, Marty Salzman, Lynda Segneri, George Scully, Rodney Slutzky, Tiffany Webb, Cop Chavez, Cop Fabian, Cop Detective Redd, Sheriff Badge #11080, Sheriff Badge #50104824, Rose Bishop, Mr. Brown, Sam Dickerson, Jay Embrey, Timothy C. Evans, Kim Foxx, DeJuan Gardner, Laura A. Henry Kelly, Steven Kidd, Iris Y. Martinez, Pinal Patel, Tamara, George J. Vournazos, Sandra Hernandez and Kelly Wright |
| 1:2022cv06270 |
| November 8, 2022 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Franklin U Valderrama |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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| Filing 60 CIRCUIT Rule 3(b) Fee Notice. (aee, ) |
| Filing 59 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #55 ; USCA Case No. 23-1006. (aee, ) |
| Filing 58 MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of Defendant Steven Kidd's motion for an extension of time to answer or otherwise plead #52 set for 1/11/2023 at 8:45 AM is reset to 9:15 AM (NOTE TIME CHANGE ONLY) as an in-person hearing in courtroom 1241. Mailed notice. (ym, ) |
| Filing 57 TRANSMITTED to the 7th Circuit the short record on notice of appeal #55 . Notified counsel. (aee, ) |
| Filing 56 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #55 . (aee, ) |
| Filing 55 NOTICE of appeal by James Garner regarding orders #51 . (aee, ) |
| Filing 54 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 53 NOTICE of Motion by Molly Boekeloo for presentment of extension of time #52 before Honorable Sharon Johnson Coleman on 1/11/2023 at 08:45 AM. (Boekeloo, Molly) |
| Filing 52 MOTION by Defendant Steven Kidd for extension of time to answer or otherwise plead (Boekeloo, Molly) |
| Filing 51 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Honorable Franklin U. Valderrama no longer assigned to the case pursuant to IOP 13(f). Signed by Executive Committee on 12/29/2022. (daj, ) |
| Filing 49 ATTORNEY Appearance for Defendant Steven Kidd by Molly Boekeloo (Boekeloo, Molly) |
| Filing 50 MOTION for default judgment by the Court with regard to Defendants Dejuan Gardner, Jay Embrey, Mr. Brown, and Cop Chavez-Badge-#221 for failure to answer or otherwise plead by Plaintiff James Garner. (Exhibits) (daj, ) |
| Filing 48 MINUTE entry before the Honorable Franklin U. Valderrama: Over Plaintiff's objection and for the reasons stated in the motions, Defendants' motions for extension of time #29 #31 #34 #36 are granted. Accordingly, Plaintiff's motions for default judgment #39 #40 are denied. Defendants shall answer or otherwise plead on or before 2/17/2023. Plaintiff shall respond to the pending motions to dismiss, R. 42, 43, 45, on or before 1/20/2023. Defendants Iris Martinez, Pinal Patel, Rose Bishop and Tamara shall respond to Plaintiff's motion for default judgment on or before 1/18/2023. Emailed notice (axc). |
| Filing 46 MEMORANDUM by Timothy C. Evans, George Scully in support of Motion to Dismiss for Failure to State a Claim #45 (Attachments: #1 Exhibit A-F)(Bouley, Tanya) |
| Filing 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Timothy C. Evans, George Scully (Bouley, Tanya) |
| Filing 44 MEMORANDUM by Kim Foxx in support of Motion to Dismiss for Failure to State a Claim #43 (Attachments: #1 Exhibit A-C)(Bouley, Tanya) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kim Foxx (Bouley, Tanya) |
| Filing 47 MOTION for default judgment by Plaintiff James Garner with regard to Defendants Iris Y. Martinez, Pinal Patel, Rose Bishop, and Tamara for failure to answer or otherwise plead. (Exhibits) (daj, ) |
| Filing 42 MOTION by Defendant Rodney Slutzky to dismiss (Attachments: #1 Notice of Filing)(Anderson, Amy) |
| Filing 41 ATTORNEY Appearance for Defendant Rodney Slutzky by Amy Lynn Anderson (Attachments: #1 Notice of Filing)(Anderson, Amy) |
| Filing 37 ATTORNEY Appearance for Defendants Sheriff Badge #11080, George J. Vournazos by Jessica Wasserman (Wasserman, Jessica) |
| Filing 36 MOTION by Defendants Sheriff Badge #11080, George J. Vournazos for extension of time to file answer (Laue, Rebecca) |
| Filing 35 ATTORNEY Appearance for Defendants Sheriff Badge #11080, George J. Vournazos by Rebecca J Laue (Laue, Rebecca) |
| Filing 40 MOTION by Plaintiff James Garner for default judgment by the court with regard to Defendants Sheriff Badge #11080, Sheriff Badge #50104824, and George J. Vournazos for failure to answer or otherwise plead. (Exhibits). (jn, ) |
| Filing 34 MOTION by Defendant Lynda Segneri for extension of time to file answer or otherwise plead (Marsh, Michael) |
| Filing 33 NOTICE of Correction regarding #30 (exr, ) |
| Filing 32 ATTORNEY Appearance for Defendant City Of Chicago by Michele Marie McGee (McGee, Michele) |
| Filing 31 MOTION by Defendant Integrity Investments Fund, LLC's for extension of time to file answer or otherwise plead (Marsh, Michael) |
| Filing 30 ENTERED IN ERROR Modified on 12/21/2022 (exr, ). |
| Filing 29 MOTION by Defendant Thomas Costello for extension of time to file answer or otherwise plead (Marsh, Michael) |
| Filing 28 ATTORNEY Appearance for Defendant Lynda Segneri by Michael Vincent Marsh (Marsh, Michael) |
| Filing 27 ATTORNEY Appearance for Defendant Integrity Investments Fund, LLC's by Michael Vincent Marsh (Marsh, Michael) |
| Filing 26 ATTORNEY Appearance for Defendant Thomas Costello by Michael Vincent Marsh (Marsh, Michael) |
| Filing 39 MOTION by Plaintiff James Garner for default judgment by the court with regard to Defendants Lynda Segneri (AKA "Lynda Marie Costello"), Thomas Costello, and Integrity Investment Fund, LLC (IIF) for failure to answer or otherwise plead. (Exhibits). (jn, ) |
| Filing 38 NOTICE of Plaintiff's motion for default judgment by the court with regard to Defendants Lynda Segneri (aka Lynda Marie Costello), Thomas Costello, and Integirity Investment Fund, LLC (IIF) for failure to answer or otherwise plead by James Garner. (jn, ) |
| Filing 25 MINUTE entry before the Honorable Franklin U. Valderrama: Defendants Kelly Wright and Laura Kelly's motion for extension of time to answer or otherwise plead #24 is granted. Defendants shall answer or otherwise plead on or before 2/17/2023. Emailed notice (axc). |
| Filing 24 MOTION by Defendants Laura A. Henry Kelly, Kelly Wright for extension of time to Answer or Otherwise Plead (Kirk, Kevin) |
| Filing 23 ATTORNEY Appearance for Defendants Laura A. Henry Kelly, Kelly Wright by Kevin Christopher Kirk (Kirk, Kevin) |
| Filing 22 ATTORNEY Appearance for Defendants Laura A. Henry Kelly, Kelly Wright by William B. Oberts (Oberts, William) |
| Filing 21 MINUTE entry before the Honorable Franklin U. Valderrama: Over Plaintiff's objection, Defendant City of Chicago's motion for extension of time #20 is granted. All "City Defendants" shall answer or otherwise plead on or before 2/15/2023. R. 20 at 2. Emailed notice (cdh, ) |
| Filing 20 MOTION by Defendant City Of Chicago for extension of time to file answer regarding complaint #9 or otherwise plead (Garant, Raymond) |
| Filing 19 ATTORNEY Appearance for Defendant City Of Chicago by Raymond Rolland Garant, II (Garant, Raymond) |
| Filing 18 ANSWER to the Complaint by Defendant Philip Cocomise. (cxr, ) |
| Filing 17 PRO SE Appearance by Defendant Philip Cocomise. (cxr, ) |
| Filing 16 MINUTE entry before the Honorable Franklin U. Valderrama: Over Plaintiff's objection, Defendants' motion for extension of time #15 is granted. Defendants shall answer or otherwise plead on or before 12/23/2022. Mailed notice. (kp, ) |
| Filing 15 MOTION by Defendants Timothy C. Evans, Kim Foxx, George Scully for extension of time to file answer regarding complaint #9 opposed by Plaintiff (Bouley, Tanya) |
| Filing 14 ATTORNEY Appearance for Defendants Timothy C. Evans, Kim Foxx, George Scully by Tanya Kristina Bouley (Bouley, Tanya) |
| Filing 13 SUMMONS Returned Executed as to City Of Chicago on 11/22/2022, answer due 12/13/2022; Philip Cocomise on 11/22/2022, answer due 12/13/2022; Cop Chavez on 11/22/2022, answer due 12/13/2022; Cop Detective Redd on 11/22/2022, answer due 12/13/2022; Cop Fabian on 11/22/2022, answer due 12/13/2022; Thomas Costello on 11/22/2022, answer due 12/13/2022; Sam Dickerson on 11/21/2022, answer due 12/12/2022; Jay Embrey on 11/22/2022, answer due 12/13/2022; Kim Foxx on 11/21/2022, answer due 12/12/2022; DeJuan Gardner on 11/22/2022, answer due 12/13/2022; Sandra Hernandez on 11/22/2022, answer due 12/13/2022; Integrity Investments Fund, LLC's on 11/22/2022, answer due 12/13/2022; Allan Kirchner on 11/22/2022, answer due 12/13/2022; Mr. Brown on 11/22/2022, answer due 12/13/2022; Ira Nevel on 11/22/2022, answer due 12/13/2022; Rosetone Investments, LLC on 11/22/2022, answer due 12/13/2022; Marty Salzman on 11/21/2022, answer due 12/12/2022; Lynda Segneri on 11/22/2022, answer due 12/13/2022; Rodney Slutzky on 11/21/2022, answer due 12/12/2022. (Attachments: #1 Summons)(aee, ) |
| SUMMONS Issued as to Defendants Rose Bishop, City Of Chicago, Philip Cocomise, Cop Chavez, Cop Detective Redd, Cop Fabian, Thomas Costello, Sam Dickerson, Jay Embrey, Timothy C. Evans, Kim Foxx, DeJuan Gardner, Hashtag Vision, LLC, Laura A. Henry Kelly, Sandra Hernandez, Integrity Investments Fund, LLC's, Steven Kidd, Allan Kirchner, Iris Y. Martinez, Mr. Brown, Ira Nevel, Pinal Patel, Rosetone Investments, LLC, Marty Salzman, George Scully, Lynda Segneri, Sheriff Badge #11080, Sheriff Badge #50104824, Rodney Slutzky, Tamara, George J. Vournazos, Tiffany Webb, Kelly Wright (khg, ) |
| Filing 12 SUMMONS Returned Executed by James Garner as to Rose Bishop on 11/16/2022, answer due 12/7/2022; Timothy C. Evans on 11/16/2022, answer due 12/7/2022; Laura A. Henry Kelly on 11/16/2022, answer due 12/7/2022; Steven Kidd on 11/16/2022, answer due 12/7/2022; Iris Y. Martinez on 11/16/2022, answer due 12/7/2022; Pinal Patel on 11/16/2022, answer due 12/7/2022; George Scully on 11/16/2022, answer due 12/7/2022; Tamara on 11/16/2022, answer due 12/7/2022; Kelly Wright on 11/16/2022, answer due 12/7/2022. (cxr, ) |
| SUMMONS Issued as to Defendant George J. Vournazos (emc, ) |
| Filing 11 SUMMONS Returned Executed by James Garner as to Sheriff Badge #11080 on 11/16/2022, answer due 12/7/2022; Sheriff Badge #50104824 on 11/16/2022, answer due 12/7/2022; George J. Vournazos on 11/16/2022, answer due 12/7/2022. (aee, ) |
| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's emergency motion for a temporary restraining order #4 is denied. "The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) 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; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b). There is no indication that Defendants have been served in this case. While Plaintiff attaches a one-page "Affidavit" to his motion for preliminary injunction which attests to the truth of the motion's content, nowhere in the motion does Plaintiff explain (1) any efforts he has taken to give Defendants notice of this lawsuit or his motion, or (2) why notice should not be required. Accordingly, the motion is denied. Mailed notice (axc). |
| SUMMONS Issued as to Defendants Rose Bishop, Iris Y. Martinez, Pinal Patel (smb, ) |
| Filing 9 COMPLAINT filed by James Garner. (Attachments).(gcy, ) |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 01/24/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). |
| SUMMONS Issued as to Defendants Thomas Costello, Integrity Investments Fund, LLC's, Lynda Segneri, Sheriff Badge #11080, Sheriff Badge #50104824 (kra, ) |
Filing 6
ORDER: #Local Rule 3.3# requires that any document submitted for filing for which a filing fee is required must be accompanied either by the appropriate fee or an In Forma Pauperis Application and Financial Affidavit. No filing fee or IFP petition was submitted at the time of filing this matter. James Garner is directed to pay the required filing fee or submit a completed #In Forma Pauperis Application and Financial Affidavit# within 15 days of this notification. Pursuant to LR 3.3(f), failure to comply with this order may result in sanctions, including dismissal of the action by the assigned judge. Signed by the Executive Committee. (cxr, )
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| 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. (cxr, ) |
| Filing 4 EMERGENCY MOTION by Plaintiff James Garner for temporary restraining order (TRO), and preliminary injunction and for Plaintiff to present evidence including testimony from Thomas Costello and Philip Cocomise at any TRO hearing. (cxr, ) |
| Filing 3 PRO SE Appearance by Plaintiff James Garner. (cxr, ) |
| Filing 2 CIVIL Cover Sheet (cxr, ) |
| Filing 1 RECEIVED Complaint and no copies by James Garner (Exhibits). (cxr, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Susan E. Cox. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (cxr, ) |
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