Clark v. Equitable Life Insurance Company
| Kareemah Clark |
| Equitable Life Insurance Company |
| 1:2023cv04193 |
| June 29, 2023 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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Filing 20
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for attorney representation #18 is denied. There is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010); see also Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). In deciding whether to exercise its discretion in making such a request for counsel, the court must examine: (1) whether the indigent plaintiff made a reasonable attempt to obtain counsel or has been effectively precluded from doing so; and if so, (2) given the difficulty of the case, whether the plaintiff appears competent to litigate it himself/herself. Farmer v. Haas, 990 F.2d 319, 321-22 (7th Cir. 1993). In consideration of these factors, the Court concludes that solicitation of counsel is not warranted in this case. First, Plaintiff claims that she has only contacted the Hibbler Help Desk. But the Help Desk merely assists pro se litigants with preparing their filings and does not represent litigants. Plaintiff does not allege that she has reached out to any other attorney. Second, Plaintiff indicates she has a postgraduate education, and she has alleged no physical or mental disability that might preclude her from adequately investigating the facts giving rise to this lawsuit. Plaintiff, whose submissions to date have been coherent and articulate, appears more than capable of litigating this matter. It should additionally be noted that the Court grants pro se litigants wide latitude in the handling of their lawsuits. Therefore, Plaintiff's motion for attorney representation #18 is denied at this time. Plaintiff's "motion for status report" #19 is also denied as moot because it is not clear what relief Plaintiff is seeking, as she has already filed her own status report. The Court takes both status reports under advisement and will only consider the allegations in Plaintiff's Complaint, not the status reports, in deciding any substantive motions at this juncture. Therefore, even if Defendant's status report does not fairly represent Plaintiff's allegations, she is not prejudiced. Mailed notice. (kp, )
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Filing 19
MOTION by Plaintiff Kareemah Clark for Status Report. (jh, )
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Filing 18
MOTION by Plaintiff Kareemah Clark for attorney representation. (jh, )
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Filing 17
STATUS Report by Kareemah Clark. (jh, )
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Filing 16
MINUTE entry before the Honorable Thomas M. Durkin: Discovery is stayed pending a ruling on the motion for judgment on the pleadings. Mailed notice. (ecw, )
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Filing 15
STATUS Report Defendant's Initial Status Report by Equitable Life Insurance Company (Jacobson, Craig)
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Filing 14
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's response to the motion for judgment on the pleadings #13 is due by 9/14/2023. Defendant's reply is due by 9/28/2023. Mailed notice. (ecw, )
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Filing 13
MOTION by Defendant Equitable Life Insurance Company for judgment on the pleadings (Jacobson, Craig)
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Filing 12
REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $402.00, receipt no. AILNDC-20786765. (lw, )
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Filing 11
REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. AILNDC-20786765, (Attachments: #1 Exhibit Email from Lorenzo Walker re Duplicate Payment, #2 Exhibit Receipt No. 1 - AILNDC-20786765, #3 Exhibit Receipt No. 2 - BILNDC-20786765)(Jacobson, Craig)
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Filing 10
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff files a "motion for objection" to the removal of her case from Cook County court, which is best characterized as a motion for remand. She claims the removal is untimely. However, the 30-day deadline to file a notice of removal is calculated from the date of service of the defendant, which in this case, was June 2, 2023. Defendant removed the case to this Court on June 29, 2023. Therefore, removal was timely. Plaintiff also claims that it is unfair that Defendant removed the case because it felt it could win more easily in federal court. First, this is mere speculation as to Defendant's motives for removal. Even so, removal is often a strategic decision made to gain some perceived advantage. This does not make removal improper. Second, Plaintiff can rest assured that she will receive fair treatment before this Court. Therefore, Plaintiff's motion for objection #7 is denied. Mailed notice. (ecw, )
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Filing 9
MOTION by Plaintiff Kareemah Clark for correction. (jh, )
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Filing 8
PRO SE Appearance by Plaintiff Kareemah Clark. (jh, )
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Filing 7
MOTION by Plaintiff Kareemah Clark for objection. (jh, )
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Filing 6
ANSWER to Complaint by Equitable Life Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Flores, Christina)
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Filing 5
MAILED Notice of Removal Letter to Plaintiff Kareemah Clark. (jh, )
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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. (jh, )
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MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Kareemah Clark. (jh, )
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Filing 4
ATTORNEY Appearance for Defendant Equitable Life Insurance Company by Christina Maria Flores (Attachments: #1 Certificate of Service)(Flores, Christina)
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Filing 3
MINUTE entry before the Honorable Thomas M. Durkin: By 8/3/2023, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (ecw, )
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Filing 2
ATTORNEY Appearance for Defendant Equitable Life Insurance Company by Craig A Jacobson (Attachments: #1 Certificate of Service)(Jacobson, Craig)
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Filing 1
NOTICE of Removal from Circuit Court of Cook County, Fifth District, Municipal Division, case number (2023L004613) filed by Equitable Life Insurance Company Filing fee $ 402, receipt number BILNDC-20786765. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Complaint, #3 Exhibit C - Affidavit of Service, #4 Exhibit D - Cook County Filings, #5 Errata E - Cook County Docket, #6 Civil Cover Sheet)(Jacobson, Craig)
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CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (evw, )
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| Plaintiff: Kareemah Clark | |
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| Defendant: Equitable Life Insurance Company | |
| Represented By: | Craig A Jacobson |
| Represented By: | Christina Maria Flores |
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