Warnicke v. Neveau
| Dylan Warnicke |
| Gerard Neveau |
| 1:2024cv03892 |
| May 13, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 19 RECEIVED from Hawaii; Case Number 1:24-cv-00064. (ph, ) |
Filing 18
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES AND TRANSFER OR DISMISS THE COMPLAINT (ECF No. #8 ); TRANSFERRING CASE - Signed by SENIOR JUDGE HELEN GILLMOR on 5/10/2024. Plaintiff having consented to the transfer, the Motion to Stay (ECF No. #17 ) is TERMINATED. The case is TRANSFERRED to the United States District Court for the Northern District of Illinois, Eastern Division. In transferring this case, the Court expresses no opinion regarding the merits of Plaintiff's claims. The Clerk is DIRECTED to transfer the case and all files to the United States District Court for the Northern District of Illinois, Eastern Division. The Clerks Office is directed to CLOSE the case. (eta)COURT'S CERTIFICATE OF SERVICE - Dylan Warnicke shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 13, 2024. [Transferred from Hawaii on 5/13/2024.]
|
| Filing 17 MOTION to Stay - by Plaintiff Dylan Warnicke (eta) [Transferred from Hawaii on 5/13/2024.] |
| Filing 16 SUPPLEMENTAL Memorandum to IFP Application #2 re #8 - filed by Dylan Warnicke. (jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 15 EO: In this Court's [ECF #8 ] Findings and Recommendation to Grant Plaintiff's Application to Proceed without Prepaying Fees and Transfer or Dismiss the Complaint ("F&R"), the Court directed Plaintiff to file a supplemental memorandum to indicate whether or not Plaintiff seeks a transfer of this case to the United States District Court of Northern District of Illinois, Eastern Division by no later than 4/26/2024. On 4/13/2024, Plaintiff filed a [ECF #12 ] Supplemental Memorandum to IFP Application ("Supplemental") in response to the F&R. Although Plaintiff appears to agree that this Court lacks personal jurisdiction and that venue is improper, the Supplemental falls short of clearly stating whether Plaintiff is seeking a transfer. Because the deadline to file a response has not passed, the Court directs Plaintiff to file another supplemental clearly stating whether Plaintiff is seeking a transfer of venue by no later than 4/26/2024. If it is not clear from this second opportunity to supplement whether Plaintiff is seeking a transfer, this Court will liberally construe Plaintiff's filing and will act accordingly. (MAGISTRATE JUDGE ROM TRADER) (rt2)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) [Transferred from Hawaii on 5/13/2024.] |
| Filing 13 EO: On 4/12/2024, this Court issued an [ECF 10 ] Entering Order providing pro se Plaintiff the option to withdraw the [ECF #5 ] Motion for Leave of Court to of File Under Seal ("Motion"). On 4/13/2024, Plaintiff filed a [ECF #11 ] Motion to Withdraw Motion for Leave of Court to File Under Seal ("Withdrawal"), seeking to withdraw the Motion filed on 2/22/2024. The Court GRANTS the Withdrawal, and directs the Clerk's Office to STRIKE the [ECF #5 ] Motion. (MAGISTRATE JUDGE ROM TRADER) (rt2)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Modified on 4/15/2024 to clarify document title. (jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 12 SUPPLEMENTAL Memorandum to IFP Application - by Dylan Warnicke. (jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 11 MOTION to Withdraw Motion for Leave of Court to File Under Seal - by Plaintiff Dylan Warnicke. (jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 10 EO: On 2/22/2024, pro se Plaintiff filed a [ECF #5 ] Motion for Leave of Court to File Under Seal ("Motion"). Plaintiff submitted an unredacted version of the Motion to this Court for review, but filed a fully redacted version of the Motion on the docket. Based upon the Court's review, it appears that the Motion does not comply with Local Rule 5.2 in that a motion to seal must "be filed in the public record of the case" and "set forth the factual basis for sealing the document or matter without disclosing confidential information." Because Plaintiff is proceeding pro se, the Court liberally construes the filing. However, even so, it appears that Plaintiff does not cite any legal basis for the sealing of the entire Motion, and it is not clear what relief Plaintiff seeks in the Motion. It appears that the Motion explains the details of the incident giving rise to this litigation and is being used to argue Plaintiff's case. The Court is inclined to DENY the Motion and file the unredacted version on the docket, with the exception of pages 10-11 of the Motion because these pages contain Plaintiff's confidential medical information. Because the Motion does not seek any specific relief except to have the Motion itself filed under seal, the Court shall provide Plaintiff the opportunity to withdraw his Motion, which will then be stricken from the record. If Plaintiff prefers to withdraw the Motion, he must do so by no later than 4/26/2024. If the Motion is not withdrawn by 4/26/2024, the Court shall issue its decision and file the unredacted version of the Motion, with the exception of pages 10-11, on the docket.(MAGISTRATE JUDGE ROM TRADER)(rt2)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) [Transferred from Hawaii on 5/13/2024.] |
| Filing 9 EO: On 4/11/2024, this Court issued its [ECF #8 ] Findings and Recommendation to Grant Plaintiff's Application to Proceed Without Prepaying Fees and Transfer or Dismiss the Complaint ("F&R"). Plaintiff is directed to file a one-page supplemental memorandum to the [ECF #4 ] IFP Application by no later than 4/26/2024 as directed in the F&R. (MAGISTRATE JUDGE ROM TRADER)(rt2)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) [Transferred from Hawaii on 5/13/2024.] |
| Filing 8 FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES AND TRANSFER OR DISMISS THE COMPLAINT re #4 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/11/2024. The Court FINDS AND RECOMMENDS that the district court GRANT the IFP Application. If Plaintiff files a supplemental memorandum, by no later than April 26, 2024, which indicates that Plaintiff seeks a transfer, the Court RECOMMENDS that the district court TRANSFER this case to the United States District Court of Northern District of Illinois, Eastern Division. If Plaintiff fails to file a supplemental memorandum by April 26, 2024 or does not seek a transfer, the Court RECOMMENDS that the Complaint be dismissed without prejudice and without leave to amend.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 4/12/2024. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 7 EO: On 3/19/2024, pro se Plaintiff Dylan Warnicke ("Plaintiff") filed [ECF #6 ] Motion for Continuance ("Motion") requesting a continuance of the Rule 16 Scheduling Conference scheduled for 4/8/2024. The Court elects to decide the Motion without a hearing. LR7.1(c).The Motion is GRANTED. The Rule 16 Scheduling Conference is CONTINUED from 4/8/2024 to 5/24/2024 at 9:30 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 5/17/2024. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. Plaintiff is advised that the foregoing ruling does not suggest in any way how the Court may rule with respect to [ECF #4 ] Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs and [ECF #5 ] Motion for Leave of Court to File Under Seal both of which are currently pending. (MAGISTRATE JUDGE ROM TRADER)(rt2)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) [Transferred from Hawaii on 5/13/2024.] |
| Filing 6 MOTION FOR CONTINUANCE (to reschedule the conference ordered on February 9th of 2024 by the Honorable Chief Judge Derrick Watson for April 8th of 2024.) - by Plaintiff Dylan Warnicke. (jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 14 ** Document stricken pursuant to Court Order, ECF 13 ** (Unredacted) MOTION for Leave of Court to File Under Seal - by Plaintiff Dylan Warnicke. (Attachments: #1 Mailing Envelope)(jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 5 ** Document stricken pursuant to Court Order, ECF 13 ** MOTION for Leave of Court to File Under Seal - by Plaintiff Dylan Warnicke. (Attachments: #1 Redacted Document, #2 Mailing Envelope)(jni) Modified on 4/15/2024 (jni) [Transferred from Hawaii on 5/13/2024.] |
| Filing 4 APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Dylan Warnicke. (jni) [Transferred from Hawaii on 5/13/2024.] |
|
Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 4/8/2024 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/9/2024. COURT'S CERTIFICATE OF SERVICE - Dylan Warnicke was served by email to the email address of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni) [Transferred from Hawaii on 5/13/2024.]
|
|
Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/9/2024. COURT'S CERTIFICATE OF SERVICE - Dylan Warnicke was served by email to the email address of record listed on the (NEF). Additionally, an Application to Proceed in District Court Without Prepaying Fees or Costs was included in the email to Plaintiff. (jni) Modified on 2/9/2024 (jni) [Transferred from Hawaii on 5/13/2024.]
|
| Filing 1 COMPLAINT for a Civil Case; Request for Jury Trial, against Gerard Neveau - filed by Dylan Warnicke.(jni) [Transferred from Hawaii on 5/13/2024.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Warnicke v. Neveau | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Dylan Warnicke | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Gerard Neveau | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
