Sam v. Mobile et al
| Robert Sam |
| Melissa Mobile, BKA Holdings LLC., Law Office Of Riley N. Oncken P.C., Hometown Realty and Riley N. Oncken |
| 3:2023cv50301 |
| August 17, 2023 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Housing Discrimination |
| Both |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 REPLY by Robert Sam to Defendant's Response to Motion to Disqualify #22 . Presented before Magistrate Judge (Attachments: #1 Envelope)(jxk) Modified on 10/12/2023 (jxk, ). |
| Filing 24 MINUTE entry before the Honorable Margaret J. Schneider: Plaintiff has until 10/13/23 to file any reply to Defendants' response to Plaintiff's motion to disqualify. Mailed notice. (jxk) |
| Filing 23 RESPONSE by BKA Holdings LLC., Melissa Mobilein Opposition to MOTION by Plaintiff Robert Sam to disqualify counsel Presented before Magistrate Judge #22 Response in Opposition to Motion to Disqualify (Attachments: #1 Exhibit Plaintiff's Appellate Court Motion to Disqualify, #2 Exhibit Plaintiff's Email)(Cronauer, Christopher) |
| Filing 22 MOTION by Plaintiff Robert Sam to disqualify counsel under rules Model rules 1.7, 1.18, and 3.8. Presented before Magistrate Judge (Attachments: #1 Envelope) (jxk) |
| Filing 21 MINUTE entry before the Honorable Margaret J. Schneider: The Court has reviewed Plaintiff's motion for extension of time to respond to Defendants' motion to dismiss #18 and Defendants' response 19 . Plaintiff's motion for extension of time #18 , is denied. Plaintiff's response remains due 10/24/23. Any reply is due 11/07/23. Mailed notice. (jxk) |
| Filing 20 RESPONSE by BKA Holdings LLC., Melissa Mobilein Opposition to MOTION by Plaintiff Robert Sam for extension of time to file response/reply as to motion to dismiss #16 Presented before Magistrate Judge #18 Opposition due to Issue Preclusion (Attachments: #1 Exhibit Defendant's Appellate Response re: Disqualification, #2 Exhibit Appellate Court Order re: Disqualification)(Cronauer, Christopher) |
| Filing 18 MOTION by Plaintiff Robert Sam for extension of time to file response as to motion to dismiss #16 (pg, ) |
| Filing 17 MINUTE entry before the Honorable Margaret J. Schneider: As to Defendants' Motion to Strike & Dismiss Pursuant to FRCP 12(f) & 12(b)(6) #16 , Plaintiff has until 10/24/23 to respond. Defendants have until 11/07/23 to reply. Mailed notice. (jxk) |
| Filing 16 MOTION by Defendants BKA Holdings LLC., Melissa Mobile to dismiss Pursuant to FRCP 12(f) & 12(b)(6) Presented before Magistrate Judge (Attachments: #1 Exhibit A)(Cronauer, Christopher) |
| Filing 15 ATTORNEY Appearance for Defendant BKA Holdings LLC. by Christopher Nicholas Cronauer (Cronauer, Christopher) |
| Filing 14 ATTORNEY Appearance for Defendant Melissa Mobile by Christopher Nicholas Cronauer (Cronauer, Christopher) |
| Filing 13 MINUTE entry before the Honorable Margaret J. Schneider: Plaintiff's motion for service of process at government expense #11 , is granted. The Clerk shall: (1) issues summonses of the amended complaint on Defendants Melissa Mobile, BKA Holdings, LLC, The Law Office of Riley N. Oncken, P.C., and Riley N. Oncken; and (2) send Plaintiff four blank USM-285 (Marshals service) forms and a copy of this order. Plaintiff must complete and return a USM-285 form for service for each Defendant. Failure to return the USM-285 form may result in dismissal of the unserved Defendant, as well as dismissal of this case in its entirety. The Marshal is appointed to effect service and is authorized to send a request for waiver of service in the manner prescribed by Fed. R. Civ. P. 4(d) before attempting personal service. The Court directs the Marshal to make all reasonable efforts to serve Defendants. Mailed notice. (jxk) |
| SUMMONS Issued as to Defendants BKA Holdings LLC., Riley N. Oncken, Law Office Of Riley N. Oncken P.C., Melissa Mobile with a certified copy of order dated 09/19/23 and amended complaint to the USMS for service. (jxk) Modified on 9/19/2023 (jxk, ). |
| Filing 12 AMENDED complaint by Robert Sam against All Defendants (pg, ) |
| Filing 11 MOTION by Plaintiff Robert Sam For Service Of Process At Government Expense (pg, ) |
| Filing 10 MINUTE entry before the Honorable Margaret J. Schneider: The Court is in receipt of Plaintiff's motion for attorney representation #9 , and motion for service of process at government expense #8 . The Court denies Plaintiff's motion for attorney representation #9 without prejudice at this time. A litigant does not have a right to court-appointed counsel in federal civil litigation, but the Court has discretion to request that an attorney represent a litigant who cannot afford one. Pennewell v. Parish, 923 F3d. 486, 490 (7th Cir. 2019). The Court notes Plaintiff's filed complaint is clearly worded and readily coherent. Additionally, in Plaintiff's supplement to his motion for attorney representation, he advised the Court he may need to amend his complaint. At this stage in the litigation, the Court is satisfied that Plaintiff can draft an amended complaint without the assistance of counsel. Plaintiff is granted until 09/15/23 to file an amended complaint. If no amended complaint is filed by 09/15/23, the case will proceed with Plaintiff's complaint at #7 . Plaintiff's motion for service of process at government expense #8 is denied without prejudice. Plaintiff may renew his motion for service of process at government expense once an amended complaint is filed including all defendants, or after the time to file an amended complaint has expired. Mailed notice. (jxk) |
| Filing 9 MOTION by Plaintiff Robert Sam for attorney representation (pg, ) |
| Filing 8 MOTION by Plaintiff Robert Sam For Service Of Process At Government Expense (pg, ) |
| Filing 7 COMPLAINT filed by Robert Sam; Jury Demand. (yxp, ) |
| Filing 6 MINUTE entry before the Honorable Iain D. Johnston: The plaintiff's motion for leave to proceed in forma pauperis #5 is granted and he is excused from paying the filing fee. The plaintiff's motion for counsel #4 is denied. According to his motion, Mr. Sam has completed some college work, and in his complaint and attachments he has been able to explain his claims. In a motion to stay filed with the complaint, see Dkt. 3, he states that a lawyer and legal services group are representing him. That lawyer has not filed an appearance, but the filing suggests that he is already obtaining legal counseling. The motion for counsel is denied without prejudice to raising the request again if circumstances warrant as the litigation continues. The motion to stay #3 seeks to stay this case while Mr. Sam gathers additional evidence needed to answer. But the defendants will answer the complaint, see Federal Rule of Civil Procedure 12(a)(1)(A)(i), so the motion #3 is denied. (yxp, ) |
| Filing 5 APPLICATION by Plaintiff Robert Sam for leave to proceed in forma pauperis (pg, ) |
| Filing 4 MOTION by Plaintiff Robert Sam for attorney representation (pg, ) |
| Filing 3 EMERGENCY MOTION by Plaintiff Robert Sam to stay (pg, ) |
| Filing 2 CIVIL Cover Sheet (pg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Robert Sam (pg, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret Schneider. Case assignment: Random assignment. (pg, ) |
| 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, ) |
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