Meacham v. United States Department of Education Office for Civil Rights
| Rose Meacham |
| United States Department of Education Office for Civil Rights, The Board of Trustees of the University of Illinois, Attorney General Kwame Raoul, State of Illinois, Illinois Educational Labor Relations Board and Illinois State Board of Education |
| 1:2023cv15882 |
| November 13, 2023 |
| US District Court for the Northern District of Illinois |
| Elaine E Bucklo |
| Nancy L Maldonado |
| P.I.: Other |
| 28 U.S.C. § 1402 Medical Malpractice |
| None |
Docket Report
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| Filing 18 ATTORNEY Appearance for Defendants Kwame Raoul, State of Illinois, Illinois Educational Labor Relations Board, Illinois State Board of Education by Robert Owen Winston (Winston, Robert) |
| Filing 17 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 12/28/2023: Mailed notice. (tg, ) |
| Filing 16 MINUTE entry before the Honorable Nancy L. Maldonado:The Court is in receipt of two motions for attorney representation filed by Plaintiff Meacham, #10 , #11 . For the reasons stated in this minute order, the motions are both denied without prejudice. The Court notes that Defendant United States has filed a motion to dismiss #4 , and Defendant University of Illinois has filed a motion to dismiss and to declare Plaintiff a Vexatious Litigant #14 . Given the holidays, the Court sets the following briefing schedule on Defendants' motions: By 01/11/2024, Plaintiff shall file a response to the United States' motion #4 and a response to Defendant University of Illinois's motion to dismiss #14 . Defendants' replies in support of their motions are due 2/1/2024. As to Plaintiff's motions for attorney representation, the Court notes that there is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010). The Court has discretion under 28 U.S.C. 1915(e)(1) to recruit counsel for an indigent litigant. Ray v. Wexford Health Sources, Inc., 706 F.3d 864, 866-67 (7th Cir. 2013). In deciding whether to recruit counsel, the Court must consider whether the plaintiff has made reasonable attempts to secure counsel on their own, and if so, must then examine whether the difficulty of the case "exceeds the particular plaintiff's capacity as a layperson to coherently present it." Navejar v. Iuiola, 718 F.3d 692, 696 (7th Cir. 2013); Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) ("The question is whether the plaintiff appears competent to litigate his own claims, given their degree of difficulty..."). Here, while Plaintiff's filings indicate she has made reasonable attempts to secure counsel, the Court also finds that Plaintiff appears capable of litigating her own claims, at least at this early stage of the case. Plaintiff indicates that she has post-graduate, PhD-level education, and her filings are clear, intelligible and comprehensible. The Court thus finds that Plaintiff has the capacity to litigate her claims at this initial pleading stage, and the appointment of counsel is unwarranted. Plaintiff may renew her request in the future should this case proceed. (ca, ) |
| Filing 15 MEMORANDUM by The Board of Trustees of the University of Illinois in support of motion to dismiss #14 the Amended Complaint with Prejudice and to Declare Plaintiff a Vexatious Litigant (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Land, Peter) |
| Filing 14 MOTION by Defendant The Board of Trustees of the University of Illinois to dismiss the Amended Complaint with Prejudice and to Declare Plaintiff a Vexatious Litigant (Land, Peter) |
| Filing 13 ATTORNEY Appearance for Defendant The Board of Trustees of the University of Illinois by Mary Elizabeth Deweese (Deweese, Mary) |
| Filing 12 ATTORNEY Appearance for Defendant The Board of Trustees of the University of Illinois by Peter G. Land (Land, Peter) |
| Filing 11 MOTION by Plaintiff Rose Meacham for attorney representation. (jh, ) |
| Filing 10 MOTION by Plaintiff Rose Meacham for attorney representation. (gcy, ) |
| Filing 9 MINUTE entry before the Honorable Nancy L. Maldonado:This case has been reassigned to the calendar of the Honorable Nancy L. Maldonado for all further proceedings. The parties should email the Court's courtroom deputy with a proposed agreed briefing schedule on Defendant United States' motion to dismiss. (ca, ) |
| Filing 7 MINUTE entry before the Honorable Elaine E. Bucklo: This case has been sent to the executive committee for reassignment. All pending dates before this Court are stricken. The Clerk is directed to enter the Order of the Executive Committee. Mailed notice. (mgh, ) |
| Filing 8 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Nancy L. Maldonado for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 11/15/23.(gcy, ) |
| Filing 6 MAILED Rule 77d Letter to counsel of record. (gcy, ) |
| 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. (gcy, ) |
| Filing 5 NOTICE of Motion by Michael D. Claus for presentment of motion to dismiss #4 before Honorable Elaine E. Bucklo on 11/17/2023 at 09:45 AM. (Claus, Michael) |
| Filing 4 MOTION by Defendant United States Department of Education Office for Civil Rights to dismiss (Claus, Michael) |
| Filing 3 DESIGNATION of Michael D. Claus as U.S. Attorney for Defendant United States Department of Education Office for Civil Rights (Claus, Michael) |
| Filing 2 CIVIL Cover Sheet (Claus, Michael) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2022L004671) filed by United States Department of Education Office for Civil Rights (Claus, Michael) |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (mek) |
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