Sloat et al v. Stevenson et al
Andrew S. Sloat, Dennis S. Tate, Corey T. Hodge and Geoffrey S. Longden |
Rich Stevenson, Jane Doe 2, Allison Alexander, John Doe, Jane Doe 1 and Kenny Benzing |
3:2020cv01067 |
October 9, 2020 |
US District Court for the Southern District of Illinois |
J Phil Gilbert |
Prison Condition |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on January 7, 2021. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 45 ORDER DIRECTING PRISONER PAYMENT: As Plaintiff Sloat was notified in the Order dismissing him from this case on November 18, 2020, his obligation to pay the $400.00 filing fee for this action was incurred at the time the action was filed (Doc. #33 ). See 28 U.S.C. 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). To date, Plaintiff Sloat has not made any payments toward the outstanding filing fee. Accordingly, the agency having custody of Plaintiff Sloat is directed to remit the $400.00 filing fee from his prison trust fund account if such funds are available. If he does not have $400.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding month's income credited to Plaintiff Sloat's trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $400.00 is paid in its entirety. The agency having custody of Plaintiff Sloat shall forward payments from Plaintiff's account to the Clerk of Court each time the Plaintiff's account exceeds $10.00 until the $400.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Marion County Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 12/7/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 44 ORDER TO SHOW CAUSE: All Plaintiffs in this multi-plaintiff action were advised that they are under a continuing obligation to keep the Clerk of Court informed of any change in their address and that failure to comply could result in their dismissal from this action for want of prosecution. (See Docs. 4, 5, 6, and 7). Several documents mailed to Plaintiff Hodge by the Court have been returned as undeliverable. (See Docs. 15, 23, 28, 29, 35-38, and 43). Plaintiff Hodge is hereby ORDERED to SHOW CAUSE on or before DECEMBER 16, 2020, why he should not be dismissed from this action for failure to comply with the Courts Orders at Docs. 4-7 and to prosecute his claims. Plaintiff is WARNED that his failure to respond to this Order will result in his dismissal as a plaintiff in this case pursuant to Fed. R. Civ. P. 41(b). The Clerk is DIRECTED to transmit a copy of this Order to Show Cause to Plaintiff Hodge for a response and to all other parties for informational purposes only. Signed by Judge J. Phil Gilbert on 12/2/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 43 Mail Returned as Undeliverable Doc. 23 mailed to Corey Hodge (amv) |
Filing 42 Mail Returned as Undeliverable Doc. 12 mailed to Geoffrey Longden (amv) |
Filing 41 Mail Returned as Undeliverable. Documents 15, 22, 23, and 28 mailed to Plaintiff Sloat (Attachments: #1 Documents 22 and 23, #2 Document 28) (amv) |
Filing 40 Mail Returned as Undeliverable Document 12 mailed to Plaintiff Sloat (amv) |
Filing 39 Mail Returned as Undeliverable Documents 15, 29, 22, 23, and 28 mailed to Plaintiff Longden (Attachments: #1 Document 29, #2 Documents 22 and 23, #3 Document 28) (amv) |
Filing 38 Mail Returned as Undeliverable Doc. 28 mailed to Plaintiff Hodge (amv) |
Filing 37 Mail Returned as Undeliverable Doc 23 mailed to Plaintiff Hodge (amv) |
Filing 36 Mail Returned as Undeliverable Doc 29 mailed to Plaintiff Hodge (amv) |
Filing 35 Mail Returned as Undeliverable Doc. 15 sent to Plaintiff Hodge (amv) |
Filing 34 ORDER DIRECTING PRISONER PAYMENT: As Plaintiff Longden was notified in the Order dismissing him from this case on November 18, 2020, his obligation to pay the $400.00 filing fee for this action was incurred at the time the action was filed (Doc. #33 ). See 28 U.S.C. 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). To date, Plaintiff Longden has not made any payments toward the outstanding filing fee. Accordingly, the agency having custody of Plaintiff Longden is directed to remit the $400.00 filing fee from his prison trust fund account if such funds are available. If he does not have $400.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding month's income credited to Plaintiff Longden's trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $400.00 is paid in its entirety. The agency having custody of Plaintiff Longden shall forward payments from Plaintiff's account to the Clerk of Court each time the Plaintiffs account exceeds $10.00 until the $400.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Marion County Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 11/20/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Set Deadlines: Show Cause Response due by 12/9/2020 from Plaintiffs Hodge and Tate. (amv) |
Filing 33 ORDER: Plaintiffs SLOAT and LONGDEN are DISMISSED with prejudice from this action for failure to comply with multiple court orders (Docs. 4, 6, and 22) and for failure to prosecute their claims. Both Plaintiffs are ADVISED that they incurred the obligation to pay a filing fee for this action at the time they filed the Complaint, and they each remain obligated to pay their filing fee. Plaintiffs HODGE and TATE are ORDERED to SHOW CAUSE on or before December 9, 2020, why they should not be dismissed from this action for failure to notify the Court by October 28, 2020, of their intention to proceed with group litigation, to dismiss his/their claims, or to sever his/their claims into a separate case. (See Doc. 6). Plaintiffs HODGE and TATE are WARNED that failure to respond to this Order by December 9, 2020, shall result in each Plaintiff's dismissal from this action for noncompliance with the Court's Order and for failure to prosecute his/their claims. FED. R. CIV. P. 41(b). The Clerk of Court is DIRECTED to TERMINATE Plaintiffs Andrew S. Sloat and Geoffrey S. Longden as parties in CM/ECF. Signed by Judge J. Phil Gilbert on 11/18/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 32 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 31 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Corbett, Daniel) |
Filing 30 ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Sloat, Hodge, Longden, and Tate were previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Sloat, Hodge, Longden, and Tate are ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 11/30/2020. Signed by Judge J. Phil Gilbert on 11/16/2020. (tjk) |
Filing 29 NOTICE FROM CLERK Instructing Kenny Benzing, Rich Stevenson to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Kenny Benzing, Rich Stevenson on 11/12/2020. Consent due by 12/3/2020 (tba) |
Filing 28 ORDER DISMISSING 9 Motion for Preliminary Injunction. In the #7 Screening Order entered October 14, 2020, the Court directed the Clerk's Office to separately docket a Motion for Preliminary Injunction because it appeared that Plaintiffs were seeking interim relief in the Complaint. Plaintiffs were ORDERED to file a supporting Affidavit(s) and/or Memorandum in Support of Motion for Preliminary Injunction on or before OCTOBER 28, 2020, if they intended to pursue this request for interim relief at this time. They were advised that the Motion for Preliminary Injunction would be DISMISSED without prejudice, if they chose not to do so. Plaintiffs did not responded to this Order. Accordingly, the Motion for Preliminary Injunction is DISMISSED without prejudice. Signed by Judge J. Phil Gilbert on 11/12/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 27 NOTICE of Appearance by Terence J. Corrigan on behalf of Kenny Benzing, Rich Stevenson (Corrigan, Terence) |
Filing 26 NOTICE of Appearance by Bhairav Radia on behalf of Kenny Benzing, Rich Stevenson (Radia, Bhairav) |
Filing 25 WAIVER OF SERVICE Returned Executed by Kenny Benzing, Rich Stevenson. Kenny Benzing waiver sent on 10/15/2020, answer due 12/14/2020; Rich Stevenson waiver sent on 10/15/2020, answer due 12/14/2020. (Corbett, Daniel) |
Filing 24 NOTICE of Appearance by Daniel T. Corbett on behalf of Kenny Benzing, Rich Stevenson (Corbett, Daniel) |
Filing 23 NOTICE: All Plaintiffs was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, All Plaintiffs shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 11/9/2020 (ack) |
Filing 22 ORDER TO SHOW CAUSE: All Plaintiffs in this multi-plaintiff action were advised that they are under a continuing obligation to keep the Clerk of Court informed of any change in their address and that failure to comply could result in their dismissal from this action for want of prosecution. (See Docs. 4, 5, 6, and 7). One or more documents mailed to Plaintiffs Sloat and Longden by the Court have been returned as undeliverable. (See Doc. 3-6, 10-11, 16-21). Plaintiffs Sloat and Longden are hereby ORDERED to SHOW CAUSE on or before NOVEMBER 12, 2020, why they should not be dismissed from this action for failure to comply with a court order and to prosecute their claims. Each plaintiff's failure to respond to this Order will result in dismissal of that person as a plaintiff in this case pursuant to Fed. R. Civ. P. 41(b). The Clerk is DIRECTED to transmit a copy of this Order to Show Cause to Plaintiffs Sloat and Longden for a response and to all other plaintiffs for informational purposes only. Signed by Judge J. Phil Gilbert on 11/2/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 21 Mail Returned as Undeliverable. Documents 6, 7 & 10 sent to Andrew S. Sloat. (jaj) |
Filing 20 Mail Returned as Undeliverable. Document 4 sent to Andrew S. Sloat. (jaj) |
Filing 19 Mail Returned as Undeliverable. Document 11 sent to Andrew S. Sloat. (jaj) |
Filing 18 Mail Returned as Undeliverable. Documents 3 & 5 sent to Geoffrey S. Longden. (jaj) |
Filing 17 Mail Returned as Undeliverable. Document 11 sent to Geoffrey S. Longden. (jaj) |
Filing 16 Mail Returned as Undeliverable. Documents 6 & 7 sent to Geoffrey S. Longden. (jaj) |
Filing 15 ORDER: According to the Boriboune Order entered October 14, 2020, Plaintiffs Hodge, Longden, and Tate were required to advise the Court in writing by October 28, 2020, whether each plaintiff wishes to continue as a party in this group action. Each plaintiff was warned that failure to do so by the deadline would result in his dismissal from this action with the obligation to pay the filing fee for it. The Court received no response from these plaintiffs by the deadline. Plaintiffs Hodge, Longden, and Tate are granted seven (7) additional days to respond to the Boriboune Order. On or before November 6, 2020, each plaintiff must advise the Court, in writing, of his intention to pursue his claims in this multi-plaintiff case, sever his claims into a separate case and proceed alone, or request dismissal from this case (in order to bring his claims at a later date). Plaintiffs Hodge, Longden, and Tate are WARNED that each plaintiff will be dismissed from this action with the imposition of a filing fee, if he fails to respond by the extended deadline of November 6, 2020. Signed by Judge J. Phil Gilbert on 10/30/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 14 Mail Returned as Undeliverable. Documents 3 and 5 sent to Dennis S. Tate (ack) |
Filing 13 MOTION for Leave to Proceed in forma pauperis by Dennis S. Tate. (jaj) |
Filing 12 ORDER: Plaintiff Sloat has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff Sloat shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his trust fund account statement (or institutional equivalent) for the period 4/1/2020 to 10/9/2020 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Marion County Law Enforcement Center. (Trust Fund Statement due on or before 12/3/2020). Signed by Judge J. Phil Gilbert on 10/19/2020. (tjk) |
Filing 11 REQUEST FOR WAIVER of Service sent to KENNY BENZING, RICH STEVENSON, ALLISON ALEXANDER on 10/15/2020. Waiver of Service due by 11/16/2020. (tjk) |
Filing 10 HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 10/15/2020. (jaj) |
Filing 9 MOTION for Preliminary Injunction by Corey T. Hodge, Geoffrey S. Longden, Andrew S. Sloat, Dennis S. Tate. (jaj) |
Filing 8 MOTION for Leave to Proceed in forma pauperis by Corey T. Hodge. (jaj) |
Filing 7 ORDER FOR SERVICE upon KENNY BENZING, RICH STEVENSON, ALLISON ALEXANDER, and, once identified, JANE DOE 1, JANE DOE 2, and JOHN DOE 1. The Complaint (COUNTS 1, 2, and 3) survive screening. The Clerk's Office is DIRECTED to: (1) ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act; (2) ADD Kenny Benzing, in his official capacity, in order to identify the unknown defendants and implement any injunctive relief ordered herein; and (c) DOCKET a Motion for Preliminary Injunction. If they would like to pursue a request for interim relief at this time, Plaintiffs are ORDERED to file their supporting Affidavit(s) and/or Memorandum on or before OCTOBER 28, 2020. The Motion for Preliminary Injunction shall be DISMISSED without prejudice, if they do not do so. Signed by Judge J. Phil Gilbert on 10/14/2020. (jsy) |
Filing 6 BORIBOUNE ORDER. On or before October 28, 2020, Plaintiffs Hodge, Longden, and Tate shall each advise the Court in writing whether he wishes to continue as a Plaintiff in this group action. By the same deadline, each Plaintiff must submit a separate signed and properly completed Motion for Leave to Proceed in forma pauperis. Plaintiffs Sloat and Hodge have already submitted an IFP Motion, but Plaintiffs Longden and Tate still must do so. The Clerk's Office is DIRECTED to DOCKET Document 2 as a separate Motion for Leave to Proceed in forma pauperis filed by Corey T. Hodge and PROVIDE a blank IFP Motion to Plaintiffs Longden and Tate for completion and filing by October 28, 2020. This deadline supersedes any prior deadline ordered by this Court. Signed by Judge J. Phil Gilbert on 10/14/2020. (jsy) |
Filing 5 NOTICE AND ORDER: The Court has received a Complaint from Corey Hodge, Geoffrey Longden and Dennis Tate. The case number is 20-1067-JPG. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 10/9/2020. (jaj) |
Filing 4 NOTICE AND ORDER: The Court has received a complaint and your motion to proceed without prepayment of the filing fee for Andrew S. Sloat. Your case number is 20-20-1067-JPG. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 10/9/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 3 NOTICE FROM CLERK Instructing Plaintiffs to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiffs on 10/9/2020. Consent due by 10/30/2020 (jaj) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Andrew S. Sloat. (jaj) |
Filing 1 COMPLAINT against All Defendants filed by All Plaintiffs.(jaj) |
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 Southern 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
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.