Smith v. Symphony Care Networks et al
| Charles E Smith |
| Symphony Care Networks, Symphony of Morgan Park and Nicole Cole |
| 1:2023cv01898 |
| March 21, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Contract: Insurance |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.
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| EMAILED a copy of the minute order dated 5/8/2023 (document no. #20 ) and docket sheet to newly recruited counsel Karl G. Leinberger. (mjc, ) |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: The court recruits Karl G. Leinberger, Law Office of Markoff Leinberger LLC, 134 N. LaSalle Street, Suite 1050, Chicago, IL 60602, (312) 726-4162, karl@markleinlaw.com to represent plaintiff in accordance with counsel's trial bar obligation under N.D. Ill. Local Rule 83.11(g). Recruited counsel is directed to file a status report on or before 6/1/2023. Mailed notice (mjc, ) |
| Filing 19 MINUTE entry before the Honorable Joan B. Gottschall: Pro se plaintiff Charles E. Smith has requested that the court recruit counsel for him to allow him better to articulate his claims given his multiple disabilities. Plaintiff represents that he has been diagnosed with the following conditions which together inhibit his ability to articulate his claims to the court: schizophrenia, "chronic anxiety, major depression, and confusion episodes," elevated blood pressure, diabetes and related neuropathy, "vision complications," cardiac arrythmia, and suicidal ideation. Dkt. No. 9 at 1. The court does not ordinarily recruit counsel before a legally sufficient complaint has been filed. However, plaintiff's disabilities represent a rare and extraordinary circumstance justifying recruiting an attorney to assist in investigating and articulating any claims plaintiff may have. Plaintiff's motion #10 for recruitment of counsel is therefore granted, and the presentment hearing noticed for 5/12/2023 is stricken. A lawyer will be recruited by separate minute entry. Defendant Symphony Park South LLC's motion #15 to dismiss the complaint is entered and continued to allow recruited counsel time to become familiar with the case and determine a course of action. Recruited counsel is directed to file a status report on or before 6/1/2023. Mailed notice (mjc, ) |
| Filing 18 NOTICE of Motion by Charles Aaron Silverman for presentment of Motion to Dismiss for Failure to State a Claim #15 before Honorable Joan B. Gottschall on 5/12/2023 at 10:30 AM. (Silverman, Charles) |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Symphony of Morgan Park Amended (Silverman, Charles) |
| Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: In its notice of affiliates #14 , defendant Symphony Park South LLC d/b/a Symphony Morgan Park ("Symphony") has disclosed two LLCs that directly own it. To comply with Local Rule 3.2, Symphony must disclose all individuals and entities who indirectly own the LLCs it has disclosed. See N.D. Ill. LR 3.2(a) (as amended May 5, 2022). Symphony is directed to file an amended notification of affiliates on or before 5/5/2023. Mailed notice (mjc, ) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Symphony of Morgan Park and lack of Federal Jurisdiction (Silverman, Charles) |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Symphony of Morgan Park (Silverman, Charles) |
| Filing 13 CERTIFICATE Certificate of Service of Appearance (Silverman, Charles) |
| Filing 12 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Charles A. Silverman has filed a notice of appearance #11 for defendant Symphony Park South LLC ("Symphony"). Symphony's notification of affiliates required by Local Rule 3.2 is due on or before 5/3/2023. No further substantive action can be taken in this case until Symphony files a notification of affiliates and the court screens the case, based on the notification, for potential conflicts. Mr. Silverman is advised that plaintiff does not have an email address on file with the court and is therefore not an "E-Filer" under Local Rule 5.5(b). On or before 4/21/2023, Mr. Silverman must file a certificate of service for his notice of appearance in accordance with Local Rule 5.5 and Fed. R. Civ. P. 5.Mailed notice (mjc, ) |
| Filing 11 ATTORNEY Appearance for Defendant Symphony of Morgan Park by Charles Aaron Silverman (Silverman, Charles) |
| Filing 10 MOTION by Plaintiff Charles E Smith for attorney representation. (Exhibit) (Envelope postmarked 04/07/2023) (rc, ) |
| Filing 9 RESPONSE by Plaintiff Charles E Smith and disclosures of the plaintiff's disabilities to the court, full-scope! To clarify purposes, etc. (Exhibit) (Envelope postmarked 04/07/2023) (rc, ) |
| MAILED plaintiff a blank Motion for Attorney Representation form along with Minute Entry #7 and Order #8 dated 3/31/2023. (ph, ) |
Filing 8
ORDER Signed by the Honorable Joan B. Gottschall on 3/31/2023. Mailed notice(mjc, )
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| Filing 7 MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting plaintiff's application #5 to proceed without prepaying the filing fee. In accordance with the order, the clerk is directed to send plaintiff a blank form "Motion for Attorney Representation." Plaintiff has until and including 4/21/2023 to file a fully completed motion for attorney representation. Plaintiff must also file a statement on or before 4/21/2023 telling the court what his disabilities are and whether any disability makes it difficult for him to file an understandable complaint. See the order for details. Mailed notice (mjc, ) |
| 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. (ph, ) |
| Filing 5 APPLICATION by Plaintiff Charles E Smith for leave to proceed in forma pauperis. (Received for docketing 3/29/2023) (ph, ) |
| Filing 4 PRO SE Appearance by Plaintiff Charles E Smith. (Received for docketing 3/29/2023) (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Charles E Smith. (Received for docketing 3/29/2023) (ph, ) |
| Filing 2 CIVIL Cover Sheet. (Received for docketing 3/29/2023) (ph, ) |
| Filing 1 RECEIVED Complaint and 3 copies by Charles E Smith. (Envelope postmark 3/20/2023) (Received for docketing 3/29/2023) (ph, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ph, ) |
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