Schoenthal et al v. Raoul et al
Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel and Douglas Winston |
Kwame Raoul, Rick Amato, Robert Berlin, Kimberly M. Foxx and Eric Rinehart |
3:2022cv50326 |
September 20, 2022 |
US District Court for the Northern District of Illinois |
Lisa A Jensen |
Iain D Johnston |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
None |
Docket Report
This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
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Filing 24 ATTORNEY Appearance for Defendant Kimberly M. Foxx by Silvia Mercado Masters (Masters, Silvia) |
Filing 23 MINUTE entry before the Honorable Iain D. Johnston: The defendants' motion for an extension of time #22 is granted as modified: The defendants shall file an answer under Fed. R. Civ. P. 8 (not a motion to dismiss under Rule 12 or motion for summary judgment under Rule 56) by 12/13/2022. The deadline for the plaintiffs' position paper on Article III standing is sua sponte extended to 12/13/2022. (yxp, ) |
Filing 22 MOTION by Defendants Rick Amato, Robert Berlin, Kimberly M. Foxx, Kwame Raoul, Eric Rinehart for extension of time to file answer UNOPPOSED (Wenzloff, Aaron) |
Filing 21 ATTORNEY Appearance for Defendant Eric Rinehart by Aaron Paul Wenzloff (Wenzloff, Aaron) |
Filing 20 MINUTE entry before the Honorable Iain D. Johnston: The motions by defendants Rinehart #15 and Foxx #19 seeking extensions of time to answer are granted. All answers are now due 11/29/2022. The Court issues a rule to show cause to the plaintiffs to identify the basis upon which they allege standing under Article III. Federal courts are courts of limited jurisdiction, and a district court has a continuing obligation to ensure that it has jurisdiction over the cases before it. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) ("Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it."). To fall within the jurisdiction of a federal court, a plaintiff must have Article III standing to bring the action in the first instance. The traditional test for determining whether a plaintiff has standing presents three elements: (1) the plaintiff has suffered an injury in fact, (2) the injury is fairly traceable to the defendant's conduct, and (3) the relief sought will redress the injury complained of. FEC v. Ted Cruz for Senate, 142 S. Ct. 1638, 1646 (2022). The party invoking the federal court's jurisdiction bears the burden of establishing the plaintiff's standing to sue. Pierre v. Midland Credit Mgmt., 29 F.4th 934, 939 (7th Cir. 2022). The plaintiff's written response to the rule to show cause is also due 11/29/2022. (yxp, ) |
Filing 19 MOTION by Defendant Kimberly M. Foxx for extension of time to file answer or otherwise plead (Scheller, Jessica) |
Filing 18 ATTORNEY Appearance for Defendant Kimberly M. Foxx by Jessica Megan Scheller , Assistant State's Attorney (Scheller, Jessica) |
Filing 17 Western Division ADR Notification (jp, ) |
Filing 16 ATTORNEY Appearance for Defendant Kimberly M. Foxx by Prathima Yeddanapudi , Assistant State's Attorney (Yeddanapudi, Prathima) |
Filing 15 MOTION by Defendant Eric Rinehart for extension of time to file answer or otherwise plead (Nelson, Melanie) |
Filing 14 ATTORNEY Appearance for Defendant Eric Rinehart by Melanie K. Nelson (Nelson, Melanie) |
Filing 13 ATTORNEY Appearance for Defendant Rick Amato by Aaron Paul Wenzloff (Wenzloff, Aaron) |
Filing 12 STATUS Report re: Service of Process by Benjamin Schoenthal, Joseph Vesel, Douglas Winston, Mark Wroblewski (Sigale, David) |
Filing 11 MINUTE entry before the Honorable Iain D. Johnston: On 10/24/2022 the Court directed the plaintiff to file a written report on the status of serving defendants Foxx and Rinehart by 10/31/2022, but no report has been filed, those defendants have not yet appeared, and there is no proof filed that they have been served. The written report is now due 11/2/2022. (yxp, ) |
Filing 10 MINUTE entry before the Honorable Iain D. Johnston: : The motion for an extension of time by defendants Raoul and Berlin #9 is unopposed and granted. Their answers are now due 11/29/2022. In addition, by 10/31/2022 the plaintiff shall file a written report on the status of serving the two defendants who have not yet appeared, Foxx and Rinehart. (yxp, ) |
Filing 9 MOTION by Defendants Robert Berlin, Kwame Raoul for extension of time to file answer regarding complaint #1 unopposed (Wenzloff, Aaron) |
Filing 8 ATTORNEY Appearance for Defendant Robert Berlin by Aaron Paul Wenzloff (Wenzloff, Aaron) |
Filing 7 ATTORNEY Appearance for Defendant Kwame Raoul by Aaron Paul Wenzloff (Wenzloff, Aaron) |
Filing 6 ATTORNEY Appearance for Defendant Rick Amato by David Joseph Berault (Attachments: #1 Certificate of Service Appearance, #2 Notice of Filing Appearance)(Berault, David) |
SUMMONS Issued as to Defendants Rick Amato, Robert Berlin, Kimberly M. Foxx, Kwame Raoul, Eric Rinehart (ey, ) |
Filing 5 MINUTE entry before the Honorable Iain D. Johnston: Attorney William Sack's motion for leave to appear pro hac vice #4 is granted. Mr. Sack shall file his appearance form by 9/29/2022. (yxp, ) |
Filing 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19865104. 26581 (Sack, William) |
Filing 3 ATTORNEY Appearance for Plaintiffs Benjamin Schoenthal, Joseph Vesel, Douglas Winston, Mark Wroblewski by David G. Sigale (Sigale, David) |
Filing 2 CIVIL Cover Sheet (Sigale, David) |
Filing 1 COMPLAINT filed by Douglas Winston, Benjamin Schoenthal, Joseph Vesel, Mark Wroblewski; Filing fee $ 402, receipt number AILNDC-19859162.(Sigale, David) |
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. (pg, ) |
CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (pg, ) |
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