Waters v. McDonalds's Corporation
| Douglas Waters |
| McDonalds's Corporation |
| 1:2023cv01750 |
| March 10, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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| Document Text |
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| Filing 24 COMPLAINT filed by Douglas Waters; Jury Demand (Exhibits). (aee, ) |
| Filing 23 MINUTE entry before the Honorable John F. Kness: Plaintiff has complied with the Court's order #14 and paid the full filing fee on 4/19/2023. Plaintiff's motions #15 #19 #20 for leave to proceed in forma pauperis (IFP) are thus dismissed as moot. In addition, Plaintiff has filed two motions #17 #18 for leave to file an amended complaint. Both motions attach an identical proposed amended complaint that contains very minor changes but does not alter the substance of the allegations. Because the changes are mostly cosmetic and granting Plaintiff's motion would not prejudice Defendant's preparation of a responsive pleading, the Court grants Plaintiff's motion #18 . Defendant's responsive pleading is due 5/12/2023. No further amendments will be allowed absent a showing of good cause. Plaintiff's first motion #17 for leave to amend is dismissed as moot. Plaintiff is advised to refrain from filing future duplicative motions as he did with his motions to proceed IFP and for leave to amend. Once a party files a motion, no further action is required unless and until the Court orders otherwise; a ruling on the motion will issue in due course. Mailed notice (ef, ) |
| Filing 22 STATEMENT by Douglas Waters. (aee, ) |
| Filing 20 APPLICATION by Plaintiff Douglas Waters for leave to proceed in forma pauperis to 28 U.S.C. 1915 (Exhibits). (aee, ) |
| Filing 19 APPLICATION by Plaintiff Douglas Waters for leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915 (Exhibits). (aee, ) |
| Filing 18 MOTION by Plaintiff Douglas Waters for leave to amend complaint. (Exhibits). (jj, ) |
| Filing 17 MOTION by Plaintiff Douglas Waters for leave to amend complaint (Exhibits). (aee, ) |
| Filing 16 CERTIFICATION AND NOTICE by Douglas Waters of interested parties (Local Rule 7.1-1) (axk, ) |
| Filing 15 MOTION by Plaintiff Douglas Waters for leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915 (axk, ) |
| Filing 14 MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a putative civil rights case (see Dkt. #2 ) that, broadly construed, appears to allege some form of employment discrimination. (Dkt. #1 and #12 .) At the outset, the Court notes that it is not clear Plaintiff has established this Court's subject matter jurisdiction. Plaintiff's allegations are cursory and devoid of any detail that provide a basis to infer that Plaintiff has stated a viable claim under the Civil Rights Act or any other provision of law barring discrimination on the basis of a protected class or status. Because federal courts have limited jurisdiction, Plaintiff should seriously consider whether he can state such a claim before proceeding further with this case. In addition, a plaintiff may not prosecute a civil action without either paying the filing fee or receiving permission to proceed in forma pauperis ("IFP") (that is, without paying the filing fee; see 28 U.S.C. 1915). 28 U.S.C. 1914. Plaintiff has also filed two applications #6 #11 to proceed IFP, but both are deficient. Plaintiff's second IFP application #11 uses the Central District of California's IFP form. The Court strikes the application #11 from the docket because Plaintiff must use this District's proper form. But there are also several problems with Plaintiff's earlier IFP application #6 . Although the application utilizes the proper form, the application is incomplete: the "Instructions" direct Plaintiff to "answer every question," yet Plaintiff fails to answer questions two and four. In addition to being incomplete, the application is ambiguous regarding Plaintiff's ability to pay: Plaintiff states that he "has $30 currently in his account," but says "government services only accept debit, a window of 15 days isn't sufficient," which suggests that Plaintiff merely has a timing issue between the fee deadline and receiving his paycheck. Because Plaintiff has not shown that he cannot make the payment or otherwise give security for the civil filing fee, see 28 U.S.C. 1951(a), Plaintiff's application #6 is denied. The Court also notes that Plaintiff previously filed an identical lawsuit, which the Court dismissed without prejudice because Plaintiff failed to submit a complete IFP application or pay the necessary filing fee. (See No. 22-cv-03722, Dkt. 12 and 13.) Because the Court has previously warned Plaintiff in that prior case about the consequences of failing to pay the filing fee or receiving permission to proceed IFP, see 28 U.S.C. 1914, Plaintiff will be given one final opportunity to submit a complete IFP application on or before 4/19/2023. If Plaintiff fails to submit a complete IFP application and pay the filing fee or otherwise give security for the filing fee by that deadline, the Court will summarily dismiss the case. Mailed notice (ef, ) |
| Filing 13 RECEIVED Amended Complaint and no copies by Douglas Waters (Exhibits). (Document does not contain case number) (aee, ) |
| Filing 12 RECEIVED Amended Complaint and no copies by Douglas Waters. (Document does not contain case number) (aee, ) Modified on 4/11/2023 (aee, ). |
| Filing 11 REQUEST by Plaintiff Douglas Waters to proceed in forma pauperis with declaration in support. (aee, ) |
| Filing 10 RETURN of Service of Subpoena. (aee, ) |
| Filing 9 STATEMENT of [Additional] Material Facts by Douglas Waters. (aee, ) |
| Filing 7 ATTORNEY Appearance for Defendant McDonalds's Corporation by Evan A. Burkholder (Burkholder, Evan) |
| Filing 8 RETURN of Service of Subpoena. (aee, ) |
| Filing 6 APPLICATION by Plaintiff Douglas Waters for leave to proceed in forma pauperis. (aee, ) |
Filing 5
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. Douglas Waters 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. (aee, )
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| Filing 3 PRO SE Appearance by Plaintiff Douglas Waters. (aee, ) |
| Filing 2 CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Douglas Waters (Exhibits). (aee, ) |
| 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. (aee, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Susan E. Cox. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (aee, ) |
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| Plaintiff: Douglas Waters | |
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| Defendant: McDonalds's Corporation | |
| Represented By: | Evan A. Burkholder |
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