Burnett v. Restaurant Depot LLC et al
| Renee Burnett |
| Restaurant Depot LLC, Shantrice Anderson, James G Fannon, Yvette R Ayala Hernandez and Jaime Ramirez |
| 1:2023cv14369 |
| October 2, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's application for leave to proceed in forma pauperis (IFP) #3 is denied without prejudice with leave to refile because it is incomplete and because it is implausible, in that Plaintiff avers that he has received zero income in the past twelve months and has zero assets. As the Seventh Circuit has explained, "A federal litigant who is unable to pay court fees may proceed in forma pauperis, which means that he or she 'may commence a civil action without prepaying fees or paying certain expenses.' To qualify for IFP status, a plaintiff must fully disclose her financial condition, and she must do so truthfully under penalty of perjury." Effinger v. Monterrey Sec. Consultants, 546 F. Supp. 3d 715, 717 (N.D. Ill. 2021) (internal citations omitted) ("[p]roceeding in forma pauperis is a privilege, and courts depend on the plaintiff's honesty in assessing her ability to pay."). Here, it is not clear how Plaintiff paid for basic living necessities if the Plaintiff truly had no sources of money. Plaintiff must provide accurate financial information for a full year, and if the responses on sources of money remains zero, then the Plaintiff must explain in writing on the application how the Plaintiff obtained living necessities. "[C]ourts routinely infer an intent to deceive when the plaintiff offers excuses that are implausible or do not hold up on the record." Effinger, 546 F. Supp. 3d at 717-18; see Robie v. Thompson, No. 22-cv-06354, Dkt. 5 (N.D. Ill. Dec. 14, 2022) (declining to "accept the implausible claim that [Plaintiff] obtained the basic necessities of life during the portion of the past year when he was not in custody with no visible means of support. [Plaintiff] is placed on notice that the court gives pro se litigants wide latitude but will not overlook incorrect sworn information provided on forms designed to elicit basic financial information from unrepresented individuals."). Additionally, Plaintiff did not list the date of last employment or Plaintiff's last monthly take-home pay in response to Question 1. Plaintiff must submit a complete and accurate application, or pay the $405 filing fee, by 1/3/2024. If Plaintiff does not submit a complete and accurate application or pay the filing fee by the deadline, this case will be dismissed without prejudice for failure to pay the filing fee. Plaintiff's motion for attorney representation #4 is also denied without prejudice. The form motion asks Plaintiff to declare which attorneys and organizations the Plaintiff has contacted seeking representation, and he has contacted only one. R. 4 at 1. Plaintiff must contact at least three law firms or legal aid organizations to demonstrate that the Plaintiff has made a reasonable effort to obtain counsel on the Plaintiff's own. See Pickett v. Chi. Transit Auth., 930 F.3d 869, 871 (7th Cir. 2019) ("A litigant's good faith but unsuccessful effort to obtain counsel is a necessary condition to the provision of judicial assistance to recruit a lawyer."). Moreover, Plaintiff fails to sign the form motion. R. 4 at 2. Plaintiff may renew the motion for attorney representation and must include information about which law firms or legal aid organizations Plaintiff has contacted and be signed, as indicated above. Emailed notice (axc). |
| Filing 9 PRO SE Appearance by Plaintiff Renee Burnett. (ph, ) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 12/18/2023 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. Emailed notice (axc). |
| MAILED copy of Minute Entry #8 to Plaintiff Renee Burnett. (axc). |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to plaintiff. (nsf, ) |
| Filing 7 PRO SE Appearance by Plaintiff Renee Burnett (nsf, ) |
| Filing 4 MOTION by Plaintiff Renee Burnett for attorney representation. (nsf, ) |
| Filing 3 APPLICATION by Plaintiff Renee Burnett for leave to proceed in forma pauperis (nsf, ) |
| Filing 2 CIVIL Cover Sheet (nsf, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Renee Burnett. (nsf, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey I Cummings. Case assignment: Random assignment. (Civil Category 2). (nsf, ) |
| 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. (nsf, ) |
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