Franklin v. Bebout et al
| Martell Franklin |
| Charles Pearce and Nathan Bebout |
| 3:2018cv01963 |
| October 15, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Donald G Wilkerson |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 11
ORDER CONSOLIDATING CASES: Plaintiff sought to add Charles Pearce and Nathan Bebout as Defendants in case 17-cv-595-NJR-DGW by amending his complaint. Due to concerns about the statute of limitations, however, Plaintiff abandoned his proposal to amend the existing complaint and simply filed a new case against Pearce and Bebout. The new case was assigned case number 18-cv-1963-NJR-DGW. Given the obvious commonalities between the two cases, the Court sua sponte CONSOLIDATES case number 18-cv-1963-NJR-DGW with case number 17-cv-595-NJR-DGW pursuant to Federal Rule of Civil Procedure 42(a) for all further proceedings. Case number 17-cv-595-NJR-DGW will be the lead case. All future filings SHALL bear the case number 17-cv-595-NJR-DGW and SHALL be filed only in that case. The Clerk of Court is DIRECTED to file a copy of this Order in both cases. In light of the consolidation, there no longer appears to be a need for Plaintiff to file an amended complaint in 17-cv-595-NJR-DGW (see Doc. 48). Additionally, the scheduling order in 17-cv-595-NJR-DGW is VACATED. Deadlines and trial settings will be reset at a later date, most likely after Defendants Charles Pearce and Nathan Bebout have appeared and filed their answers or other responsive pleadings. Signed by Judge Nancy J. Rosenstengel on 11/7/2018. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 NOTICE of Appearance by Jeremy C. Tyrrell on behalf of Charles Pearce (Tyrrell, Jeremy) |
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Filing 9
ORDER REFERRING CASE: It is hereby ORDERED that this case be assigned to a United States Magistrate Judge for disposition of non-dispositive pretrial matters and dispositive matters on an R&R basis pursuant to 28 U.S.C. 636(b)(1)(A) and (B). Further, this entire matter shall be REFERRED to a United States Magistrate Judge for disposition, pursuant to Local Rule 72.2(b)(3) and 28 U.S.C. 636(c), if all parties consent to such a referral. Plaintiffs counsel shall be responsible for service.Signed by Judge Nancy J. Rosenstengel on 11/7/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
ORDER REASSIGNING CASE. A review of the pleadings in this case and in the case of Franklin v. Fleming, 17-cv-595-NJR-DGW reveal that these cases are related. Thus, the undersigned judge REASSIGNS this matter to Judge Nancy J. Rosenstengel. See, e.g., Smith v. CheckNGo of Illinois, 200 F.3d 511, 513 n. 1 (7th Cir.1999); Blair v. Equifax Check Services, 181 F.3d 832, 839 (7th Cir.1999). All further pleadings in this case shall contain cause number 18-cv-1963-NJR. Judge Staci M. Yandle no longer assigned to case. Signed by Judge Staci M. Yandle on 11/7/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 WAIVER OF SERVICE Returned Executed by Martell Franklin. Charles Pearce waiver sent on 10/16/2018, answer due 12/17/2018. (Meyer, Louis) |
| Filing 6 NOTICE of Appearance by Daniel Phillip Kiss on behalf of Martell Franklin (Kiss, Daniel) |
| Filing 5 REQUEST FOR WAIVER of Service sent to Nathan Bebout on 10/16/2018 by Martell Franklin. (Meyer, Louis) |
| Filing 4 REQUEST FOR WAIVER of Service sent to Charles Pearce on 10/16/2018 by Martell Franklin. (Meyer, Louis) |
| Filing 3 Notice of Judge Assignment. Judge Staci M. Yandle assigned. All future documents must bear case number 3:18-cv-1963-SMY. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kls3) |
| Filing 2 NOTICE of Appearance by Louis J Meyer on behalf of Martell Franklin (Meyer, Louis) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-3696481.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Meyer, Louis) |
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