Brodsky v. Dun et al
| Joshua D Brodsky |
| Kat Dun, Nicole Gold, Watermark Apartments LLC, Elgin Police Department and Kane County State Attorney Office |
| 1:2024cv01656 |
| February 28, 2024 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Watermark Apartments LLC , MOTION by Defendant Watermark Apartments LLC to dismiss for lack of jurisdiction (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Richmond, Scott) |
| Filing 14 ATTORNEY Appearance for Defendant Watermark Apartments LLC by Scott Gary Richmond Jacob Joseph (Richmond, Scott) |
| Filing 13 ATTORNEY Appearance for Defendant Nicole Gold by Scott Gary Richmond Jacob Joseph (Richmond, Scott) |
| Filing 12 ATTORNEY Appearance for Defendant Kat Dun by Scott Gary Richmond Jacob Joseph (Richmond, Scott) |
| Filing 11 ATTORNEY Appearance for Defendant Watermark Apartments LLC by Scott Gary Richmond (Richmond, Scott) |
| Filing 10 ATTORNEY Appearance for Defendant Nicole Gold by Scott Gary Richmond (Richmond, Scott) |
| Filing 9 ATTORNEY Appearance for Defendant Kat Dun by Scott Gary Richmond (Richmond, Scott) |
| Filing 8 APPLICATION by Plaintiff Joshua D Brodsky for leave to proceed in forma pauperis (received at the intake counter 3/12/2024). (jb, ) |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's application for leave to proceed in forma pauperis (IFP) #4 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 3/25/2024. 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 #5 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."). Plaintiff may renew the motion for attorney representation and must include information about which law firms or legal aid organizations Plaintiff has contacted. For legal assistance, the Court directs Plaintiff's attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at: https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or 312-435-5691. 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. (smb, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). (smb, ) |
| Filing 5 MOTION by Plaintiff Joshua D Brodsky for attorney representation (smb, ) |
| Filing 4 APPLICATION by Plaintiff Joshua D Brodsky for leave to proceed in forma pauperis (smb, ) |
| Filing 3 PRO SE Appearance by Plaintiff Joshua D Brodsky (smb, ) |
| Filing 2 CIVIL Cover Sheet (smb, ) |
| Filing 1 RECEIVED Complaint and No copies by Joshua D Brodsky (smb, ) |
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