Martin v. Greenwood et al
| Thomas Edward Martin |
| John Robert Greenwood, Mary Jo Stvan, Definiti, LLC a Delaware Limited Liability Company, by and through its' Texas Subsidiary doing business as America's 401(K) LLC doing business as Merit Benefit Plans, Inc. doing business as Group RHI, Mary Megan Noone, Alberto Alamo, Pavlo Spiro and United States Department of Labor |
| 1:2024cv01421 |
| February 20, 2024 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a motion #13 requesting to personally appear before the Court on April 22, 2024. The Court is not available that day and will be attending to another matter, so the motion is denied. In any event, the Court cannot conduct ex parte hearings in cases. Because Plaintiff has yet to serve Defendants with summonses, a hearing would be premature. Plaintiff's motion also states that he has sent summonses and copies of the complaint by certified mail with a request for a Rule 4 waiver to some of the named Defendants. The Court is not certain that certified mail is an appropriate or acceptable method for service of process: Plaintiff should read the service of process rules under FRCP 4(c), 4(e) and 4(h), which explains the requirements for service on individuals and on organizations. Hiring a process server may be the more advisable route. Finally, Plaintiff requests permission to file an amended complaint because, among other reasons, he will seek to find counsel in the coming days. Because no Defendant has appeared in the case, Plaintiff is welcome to file an amended complaint, but he must prioritize his efforts on promptly accomplishing service. Rule 4(m) requires that service be accomplished within 90 days after the original complaint was filed, and here the Complaint was filed on February 20, 2024. By May 10, 2024, Plaintiff should file an updated status report on the progress of service of process and if service has not been accomplished, the report should explain "good cause" for more time to serve and how much more time is needed. Plaintiff is warned that failure to comply with this deadline is grounds for dismissal of the case without prejudice. The tracking status set for April 22, 2024 is continued to May 13, 2024 at 8:30 am (Plaintiff is reminded this is to track the case only; no appearance is required). Mailed notice. (jlj, ) |
| Filing 14 NOTICE of Motion by Thomas Edward Martin for presentment of motion for leave to appear #13 before Honorable Lindsay C. Jenkins on 4/22/2024 at 08:30 AM. (Received via pro se email on 04/16/24.) (rp, ) |
| Filing 13 MOTION by Plaintiff Thomas Edward Martin to personally appear on Monday 22nd April 2024 regarding the required (attached) status report; and Plaintiff's request for 30 days to obtain counsel and/or file an amended complaint, staying defendants obligations to answer the pro se complaint filed on 20th February 2024. (Exhibits)(Received via pro se email on 04/16/24.)(rp, ) |
| Filing 12 LETTER from Plaintiff. (Exhibit) (Received via pro se email on 04/15/24.)(rp, ) |
| Filing 11 MINUTE entry before the Honorable Lindsay C. Jenkins: Summonses have been issued, and service must be accomplished as previously explained #5 under FRCP 4. By April 15, 2024, Plaintiff is to file a written status report as to the progress of the efforts to have summonses served on each of the Defendants. Failure to comply by this date may result in dismissal of the case without prejudice. The tracking status set for April 8, 2024 #5 is stricken and reset to April 22, 2024 at 8:30 am (to track the case only; no appearance is required). Mailed notice. (jlj, ) |
| Filing 8 NOTICE of Correction regarding 6 . (jh, ) |
| Filing 10 SUMMONS Issued as to Defendants John Robert Greenwood, Mary Megan Noone, Pavlo Spiro, Mary Jo Stvan, United States Department of Labor c/o Barbara Goldbert, House Counsel and Jing Acosta, ERISA Counsel. (jn, ) |
| Filing 9 COMPLAINT filed by Thomas Edward Martin; Jury Demand. (jn, ) |
| Filing 5 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to proceed in forma pauperis #3 is denied because his affidavit establishes that he has access to sufficient finds (including through self-employment, business or profession; social security; and cash in bank accounts) to set aside some funds to pay the filing fee. To proceed with this case, plaintiffs must pay the $405 filing fee by March 8, 2024. Upon payment of the fee, the clerk may issue summonses on the complaint. Failure to pay the filing fee in full will lead to summary dismissal without prejudice for failure to comply with the court's order. Upon issuance of a summons, Plaintiff is reminded of his obligation to complete service on the Defendant under Federal Rule of Civil Procedure. Plaintiff is also notified that if a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice. FRCP 4(m). The case is set for a status on April 8, 2024 at 8:30 am (to track the case only, no appearance is required).Mailed notice. (jlj, ) |
| Filing 4 PRO SE Appearance by Plaintiff Thomas Edward Martin. (rc, ) |
| Filing 3 APPLICATION by Plaintiff Thomas Edward Martin for leave to proceed in forma pauperis. (rc, ) |
| Filing 2 CIVIL Cover Sheet. (rc, ) |
| Filing 1 RECEIVED Complaint and 6 copies by Thomas Edward Martin. (rc, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (rc, ) |
| 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. (rc, ) |
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