Smith v. Onni Group
| Devin Smith |
| Onni Group |
| 1:2024cv08828 |
| September 24, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Contract: Negotiable Instrument |
| 28 U.S.C. ยง 1331 Fed. Question: Securities Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 RECEIVED Amended Complaint and 0 copies by Devin Smith. (Received via Intake counter 11/6/24) (nsf, ) |
| Filing 11 MOTION by Plaintiff Devin Smith for leave to appeal in forma pauperis. (Received via Intake counter 11/6/24) (nsf, ) |
| Filing 10 MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. The plaintiff appeared and confirmed that he has been out of work and that the statements made in his prior application for leave to proceed in forma pauperis were accurate. As such, the rule to show cause is discharged. The plaintiff also confirmed that he has not stated a claim and that he made misrepresentations in his complaint, both of which are independent grounds for dismissal. As part of its review of the plaintiff's motion for leave to proceed in forma pauperis, the Court reviewed the complaint. The complaint alleges the defendant breached a contract with the plaintiff concerning a $17,000 per month apartment the plaintiff sought to lease. At the hearing, the plaintiff confirmed that the defendant did not enter the lease when it ran a credit check and learned that the plaintiff could not pay $17,000 a month. If the defendant didn't enter the contract, it did not breach the contract. Therefore, the plaintiff has not stated a claim and the case is dismissed. The plaintiff has until November 13, 2024, to file an amended complaint that states a viable claim and to file an amended application for leave to proceed in forma pauperis. The Court reminds the plaintiff that he must be truthful in both his complaint and in his application for leave to proceed in forma pauperis. Mailed notice. (vcf, ) |
| Filing 9 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's renewed application for leave to proceed in forma pauperis #8 is denied. The plaintiff's initial application reported no income. After the Court reminded the plaintiff that he signed the application under penalty of perjury, (R. 7), the plaintiff filed a renewed application reporting income of $15,000 over the past twelve months. The plaintiff attached what appears to be an apartment application to his renewed application. (R. 8-1.) That apartment application reports that the plaintiff sought an apartment with monthly rent of $17,847. That does not square with the information contained in the plaintiff's renewed application as someone with annual income of $15,000 would not seek an apartment with monthly rent of $17,847. The apartment application further reports gross monthly income of $1,900,000 and additional annual income of $500,000. That information is plainly inconsistent with what the plaintiff reported in his renewed application. Turning to the complaint, the plaintiff alleges a breach of contract claim related to the apartment application, which the complaint characterizes as a "contract totaling $321,246 on terms over a span of 18 months." The complaint includes a notarized letter signed by the plaintiff and dated September 9, 2024, that references the plaintiff's "substantial weekly income." These statements also contradict the statements made in the plaintiff's renewed application. Given these inconsistencies, the plaintiff must show cause as to why he should not be held in contempt for making false statements, whether in the complaint or the renewed application. The plaintiff must appear, in person, on October 30, 2024, at 9:30 a.m. to explain these inconsistencies. Failure to appear will result in dismissal of this lawsuit with prejudice. Mailed notice. (smb, ) |
| Filing 8 APPLICATION by Plaintiff Devin Smith for leave to proceed in forma pauperis (Attachments: #1 Exhibit)(Received via Intake counter 10/1/24)(nsf, ) |
| Filing 7 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's application for leave to proceed in forma pauperis #4 is denied. The plaintiff reports no income, no spouse, no assets, no debts, and no dependents. The only substantive information the plaintiff provided is that he is looking for work and has suffered a major knee injury. The Court suspects that the plaintiff's application does not present a complete financial picture. For one, there is no information concerning how the plaintiff supports himself. The Court recognizes that the plaintiff may depend on the generosity of others, but without information to that effect, the Court is concerned that the plaintiff simply checked boxes without regard for the accuracy or truth of the representations. The Court reminds the plaintiff that the form is signed under penalty of perjury, and requires the plaintiff to either submit a new, more complete form, or pay the filing fee. The plaintiff has until October 10, 2024, to do one or the other. Mailed notice. (vcf, ) |
| 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, ) |
| Filing 4 APPLICATION by Plaintiff Devin Smith for leave to proceed in forma pauperis (tg, ) |
| Filing 3 PRO SE Appearance by Plaintiff Devin Smith (tg, ) |
| Filing 2 CIVIL Cover Sheet (tg, ) |
| Filing 1 RECEIVED Complaint and no copies by Devin Smith (tg, ) |
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| Plaintiff: Devin Smith | |
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| Defendant: Onni Group | |
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