Hale et al v. Strano & Associates, LTD
| Daniel Hale, Erin Hale, Victoria Hale, Alexandria Hale and Minor Dependents |
| Strano & Associates, LTD |
| 3:2023cv03530 |
| October 30, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Nancy J Rosenstengel |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2023. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: Because Plaintiffs' #1 Complaint fails to state a claim, it is DISMISSED without prejudice. The Court RESERVES RULING on Plaintiffs' #2 , #8 Motions for Leave to Proceed in forma pauperis and #3 Motion for Service of Process at Government Expense. Plaintiffs are GRANTED leave to file an Amended Complaint that states a claim for relief on or before January 2, 2024. (Amended Pleadings due by 1/2/2024.) Signed by Chief Judge Nancy J. Rosenstengel on 12/4/2023. (mlp)
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Filing 11
ORDER REASSIGNING CASE. The present case is related to Case No. 23-cv-3531-NJR, which is assigned to and pending before the Honorable Chief Judge Nancy J. Rosenstengel. Under the logic of Smith v. Check-n-Go of Illinois, 200 F.3d 511, 513 n. 1 (7th Cir. 1999), the case should be reassigned to Chief Judge Rosenstengel. Accordingly, the undersigned hereby TRANSFERS this case for reassignment by the Clerk of the Court to Chief Judge Rosenstengel. All future filings shall include the suffix -NJR in the case number. Judge David W. Dugan no longer assigned to case. Signed by Judge David W. Dugan on 11/30/2023. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (djw) |
| Filing 9 SUPPLEMENT by Alexandria Hale, Erin Hale, Victoria Hale. Supplement to #1 Complaint. (djw) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Alexandria Hale, Erin Hale, Victoria Hale. (djw) |
| Filing 7 RESPONSE to 6 Order,,,,,,,, Set Deadlines,,,,,,, filed by Alexandria Hale, Erin Hale, Victoria Hale. (djw) |
| Action due by 12/1/2023. (adh) |
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Filing 6
CASE MANAGEMENT ORDER. On October 30, 2023, Plaintiff Daniel Hale filed a Pro Se Civil Rights Complaint (Doc. 1), a Motion for Leave to Proceed In Forma Pauperis (Doc. 2), and a Motion for Service of Process at the Government's Expense (Doc. 3). Plaintiff Daniel Hale purports to file the Complaint and each Motion, which are signed only by Plaintiff Daniel Hale, on his own behalf and on behalf of Plaintiffs Erin Hale, Victoria Hale, Alexandria Hale, and 5 minor dependents. However, Plaintiff Daniel Hale cannot represent anyone other than himself in this case. Federal Rule of Civil Procedure 11(a) requires each party or his or her attorney to sign the complaint and all other pleadings. Individuals may represent themselves in federal court, but pro se litigants cannot represent other individuals. See Nocula v. Tooling Sys. Int'l Corp., 520 F.3d 719, 725 (7th Cir. 2008) ("[C]orporations cannot appear pro se, [citations], and one pro se litigant cannot represent another."); Davis v. Anderson, No. 17-cv-1732, 718 Fed. Appx. 420, 423 (7th Cir. Dec. 4, 2017) ("A pro se litigant, even one who is a licensed attorney, is not allowed to represent other people on appeal, [citation], or in the district court."). Therefore, the Complaint and pending Motions are considered filed only by Plaintiff Daniel Hale. The Court ADVISES all other named Plaintiffs that their claims in the presently pending Complaint will be dismissed, without prejudice, if they fail to retain legal counsel or, if appropriate, take the necessary steps for proceeding pro se, by December 1, 2023. Signed by Judge David W. Dugan on 11/2/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE FROM CLERK Instructing All Plaintiffs to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, 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. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to All Plaintiffs on 10/31/23. Consent due by 11/21/2023 (adh) |
| Filing 4 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 3:23-cv-3530-DWD. Refer to the pro se litigant guide, found on the ILSD website, for further information. (adh) |
| Filing 3 MOTION for Service of Process at Government Expense by Daniel Hale. (adh) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Daniel Hale. (adh) |
| Filing 1 COMPLAINT against Strano & Associates, LTD, filed by All Plaintiffs.(adh) (Additional attachment(s) added on 10/31/2023: #1 Memorandum in Support) (adh). |
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