Burton v. Oak Point University et al
| Annie Burton |
| Oak Point University, Eric Hernandez, Marilyn Pagan, Thomas Gamble and Theresa Scanlan |
| 1:2024cv00295 |
| January 11, 2024 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 12 ATTORNEY Appearance for Defendants Thomas Gamble, Eric Hernandez, Oak Point University, Theresa Scanlan by Paulette A. Petretti (Petretti, Paulette) |
| SUMMONS Issued as to Defendants Thomas Gamble, Eric Hernandez, Oak Point University, Marilyn Pagan, Theresa Scanlan (axa, ) |
| Filing 11 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has paid the filing fee 9 . Plaintiff is responsible for serving Defendants with the Complaint and summons in this case consistent with Federal Rule of Civil Procedure 4. Service must be performed by someone other than the plaintiff who is over 18 years old and must be accomplished within 90 days after the lawsuit was filed. Plaintiff is put on notice that Rule 4(m) requires the Complaint to be served within 90 days of it being filed unless the Court finds good cause to extend the date. The Court strongly encourages Plaintiff to consult the U.S. District Court Hibbler Memorial Pro Se Assistance Program for legal assistance, information about which can be found at: https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or 312-435-5691. Emailed notice (axc). |
| Filing 10 COMPLAINT filed by Annie Burton; Jury Demand. (jj, ) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's application to proceed in forma pauperis (IFP) 6 is denied without prejudice with leave to refile because it is implausible. Plaintiff avers that her last monthly take-home pay was $240 on 12/31/2023, which means her yearly income in 2023 was $2,880. Plaintiff also states that she has zero assets or other sources of money. It is not clear how Plaintiff paid for basic living necessities, if she truly had no sources of money apart from $240 per month. Plaintiff must provide accurate financial information for a full year, and if the responses on sources of money remains only $240 per month, which ended on 12/31/2023, then she must explain in writing on the application how she obtained living necessities. 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."). If Plaintiff does not file an amended in forma pauperis application on or before 2/13/2024, this case may be dismissed. Emailed notice (axc). |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 03/26/2024 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). |
| 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, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (nsf, ) |
| Filing 4 PRO SE Appearance by Plaintiff Annie Burton (nsf, ) |
| Filing 3 APPLICATION by Plaintiff Annie Burton for leave to proceed in forma pauperis (nsf, ) |
| Filing 2 CIVIL Cover Sheet. (nsf, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Annie Burton. (nsf, ) |
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