Hanley v. Mercy Health Hospital and Medical Center et al
| Gary M Hanley |
| Mercy Health Hospital and Medical Center, Town of Geneva Police Department and Ryan Smelker |
| 2:2024cv00108 |
| January 26, 2024 |
| US District Court for the Eastern District of Wisconsin |
| Pamela Pepper |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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| Filing 78 DISCLOSURE Statement by Gary M Hanley. (Montemurro, Anthony) |
| Filing 77 Magistrate Judge Jurisdiction Form filed by Ryan Smelker, Town of Geneva Police Department. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Haggenjos, Micaela) |
| Filing 76 Magistrate Judge Jurisdiction Form filed by Mercy Health Hospital and Medical Center. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Reid, John) |
| Filing 75 Magistrate Judge Jurisdiction Form filed by Gary M Hanley. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Montemurro, Anthony) |
| SECOND NOTICE from the clerk to all parties requesting that the Consent/Refusal form to Magistrate Judge Nancy Joseph be filed within 14 days; the form is available #here. In addition, pursuant to Civil Local Rule 7.1 a disclosure statement should have been filed with your first pleading. Please file your disclosure statement within 7 days. (amb) |
| Filing 74 NOTICE of Appearance by Anthony M Montemurro on behalf of Gary M Hanley. Attorney(s) appearing: Anthony M. Montemurro (Montemurro, Anthony) |
| Filing 73 BRIEF in Support filed by Mercy Health Hospital and Medical Center re #72 MOTION to Dismiss . (Reid, John) |
| Filing 72 MOTION to Dismiss by Mercy Health Hospital and Medical Center. (Reid, John) |
| Filing 71 BRIEF in Support filed by Ryan Smelker, Town of Geneva Police Department re #70 MOTION to Dismiss Renewed Rule 12 (B)(6) Motion to Dismiss Plaintiff's Amended Complaint . (Haggenjos, Micaela) |
| Filing 70 MOTION to Dismiss Renewed Rule 12 (B)(6) Motion to Dismiss Plaintiff's Amended Complaint by Ryan Smelker, Town of Geneva Police Department. (Haggenjos, Micaela) |
| Filing 69 NOTICE of Appearance by Micaela Haggenjos on behalf of Ryan Smelker, Town of Geneva Police Department. (Haggenjos, Micaela) |
Filing 68
ORDER signed by Chief Judge Pamela Pepper on 1/29/2024. Scheduling Conference set for 5/14/2024 at 11:00 AM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 551-285-1373 and entering Meeting ID 161 4901 8989 and Passcode 190021 when prompted. Rule 26 discovery plan due by 4/30/2024. (cc: all counsel, via mail to Atty. Montemurro)(cb)
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| Filing 67 LETTER to Anthony Montemurro from the Clerk's Office re admission and ECF registration (mailed via USPS). (mew) Modified to include "admission" on 1/26/2024 (mew). |
| Filing 66 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-03370. Original file certified copy of transfer order and docket sheet received. |
| Filing 65 TRANSFERRED to the Eastern District of Wisconsin the electronic record. (aee, ) [Transferred from ilnd on 1/26/2024.] |
| NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Nancy Joseph to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (mew) |
| Filing 64 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff Gary Hanley filed an amended complaint on September 1, 2023, alleging that officer Ryan Smelker violated his civil rights by using excessive force, forging unidentified documents, and causing Hanley to be examined by unidentified hospital personnel without authority or force of law. (Dkt. #26 ). Though Hanley does not provide any detail about how he first encountered Officer Smelker or how he ended up at Mercy Hospital, he makes clear that the events about which he complains took place in the County of Walworth, Wisconsin. Id. Defendant Mercy Health Hospital and Medical Center ("Mercy") moved to transfer the case to the United States District Court for the Eastern District of Wisconsin, pursuant to 28 U.S.C. 1404(a) where the alleged violations took place #33 . Mercy's motion #33 is granted. Although given an opportunity to respond to the motion to transfer, Plaintiff failed to do so. Because venue is proper in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located" or "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred" (28 U.S.C. 1391(b)), venue is appropriate in the Eastern District of Wisconsin. The defendants reside there and the events alleged took place there. That Hanley resides within the Northern District of Illinois is of no consequence here. See Ford-Reyes v. Progressive Funeral Home, 418 F. Supp. 3d 286, 290 (N.D. Ill. 2019) ("[W]hen it comes to venue, the plaintiff's residence counts for nothing"); Arthur R. Miller, 14D Fed. Prac. & Proc. Juris. 3805 (4th ed. 2019) ("[T]he residence of the plaintiff is irrelevant under Section 1391"). Hanley did not respond to Mercy's motion to transfer and therefore any potential arguments he may have in opposition are waived. See Bonte v. U.S. Bank, N.A., 624 F.3d 461, 466 (7th Cir. 2010) ("Failure to respond to an argument... results in waiver."); Cent. States, Se. and Sw. Areas Pension Fund v. Midwest Motors Express, 181 F.3d 799, 808 (7th Cir. 1999) ("A party's failure to meaningfully respond to a motion... constitutes waiver."). Motion to transfer is granted. Because the Court is transferring this matter, the Court will not address the parties' respective motions to dismiss. (Dkts. #34 , #38 , #50 , #54 ). The Clerk of Court is directed to transfer the case to the Eastern District of Wisconsin forthwith. Mailed notice (lk, ) Modified on 1/25/2024 (lk, ). [Transferred from ilnd on 1/26/2024.] |
| Filing 63 WITHDRAWING as counsel for Defendants Ryan Smelker, Town of Geneva Police Department and substituting Angeline M. Koch as counsel of record (Koch, Angeline) [Transferred from ilnd on 1/26/2024.] |
| Filing 62 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 61 MEMORANDUM by Ryan Smelker, Town of Geneva Police Department in support of Motion to Dismiss for Failure to State a Claim #54 (Koch, Angeline) [Transferred from ilnd on 1/26/2024.] |
| Filing 60 MEMORANDUM by Ryan Smelker, Town of Geneva Police Department in support of Motion to Dismiss for Failure to State a Claim #54 (Koch, Angeline) [Transferred from ilnd on 1/26/2024.] |
| Filing 59 RESPONSE by Gary M Hanley to MOTION by Defendant Town of Geneva Police Department to dismiss plaintiff amended complaint #50 Plaintiff's Response to Defendant Town of Geneva Police Department's Motion to Dismiss (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 58 RESPONSE by Gary M Hanley to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ryan Smelker #54 Plaintiff's Response to Defendant Officer Ryan Smelker's Motion to Dismiss (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 57 MINUTE entry (Corrected) before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #54 . Responses due by 12/12/2023; Replies due by 12/19/2023. Status hearing is reset for 2/20/2024 at 9:00 AM. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 56 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #54 . Responses due by 12/12/2023; Replies due by 12/169/2023. Status hearing is reset for 2/20/2024 at 9:00 AM. Mailed notice(lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 55 MEMORANDUM by Ryan Smelker in support of Motion to Dismiss for Failure to State a Claim #54 (Koch, Angeline) [Transferred from ilnd on 1/26/2024.] |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ryan Smelker (Koch, Angeline) [Transferred from ilnd on 1/26/2024.] |
| Filing 53 ATTORNEY Appearance for Defendants Ryan Smelker, Town of Geneva Police Department by Angeline M. Koch (Koch, Angeline) [Transferred from ilnd on 1/26/2024.] |
| Filing 52 MINUTE entry before the Honorable Virginia M. Kendall. Defendant Town of Geneva's Motion for extension of time to Answer or otherwise plead #47 is granted. Briefing schedule set as to Motion to Dismiss #50 . Responses due by 12/11/2023; Replies due by 12/18/2023. Status hearing set for 1/17/2024 is reset for 2/5/2024 at 9:00 AM. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 51 MEMORANDUM by Town of Geneva Police Department in support of motion to dismiss #50 plaintiff amended complaint (Hall, Samuel) [Transferred from ilnd on 1/26/2024.] |
| Filing 50 MOTION by Defendant Town of Geneva Police Department to dismiss plaintiff amended complaint (Hall, Samuel) [Transferred from ilnd on 1/26/2024.] |
| Filing 49 DECLARATION of Angelin Koch regarding motion for extension of time to file answer #47 (Hall, Samuel) [Transferred from ilnd on 1/26/2024.] |
| Filing 48 MEMORANDUM by Town of Geneva Police Department in support of motion for extension of time to file answer #47 (Hall, Samuel) [Transferred from ilnd on 1/26/2024.] |
| Filing 47 MOTION by Defendant Town of Geneva Police Department for extension of time to file answer (Hall, Samuel) [Transferred from ilnd on 1/26/2024.] |
| Filing 46 ATTORNEY Appearance for Defendants Ryan Smelker, Town of Geneva Police Department by Samuel C Hall, Jr (Hall, Samuel) [Transferred from ilnd on 1/26/2024.] |
| Filing 45 SUMMONS Returned Executed by Gary M Hanley (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 44 SUMMONS Returned Executed by Gary M Hanley (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 43 SUMMONS Returned Executed by Gary M Hanley (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 42 RESPONSE by Mercy Health Hospital and Medical Centerin Support of MOTION by Defendant Mercy Health Hospital and Medical Center to transfer case #33 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mercy Health Hospital and Medical Center #34 (Ranvestel, Joseph) [Transferred from ilnd on 1/26/2024.] |
| Filing 41 Proof of Service of Summons for Ryan Smelker by Gary M Hanley (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 40 Proof of Service of Summons for Town of Geneva Police Department by Gary M Hanley (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 39 Proof of Service of Summons for Mercy Health Hospital and Medical Center by Gary M Hanley (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 38 MOTION by Plaintiff Gary M Hanley to dismiss pleadings by Defendant Mercy Health Hospital and Medical Center (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 37 RESPONSE by Gary M Hanley to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mercy Health Hospital and Medical Center #34 Answer to Defendant Mercy Health Hospital and Medical Center's Motion to Dismiss (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| ALIAS Summons Issued as to Defendant Ryan Smelker. (jcm) [Transferred from ilnd on 1/26/2024.] |
| Filing 36 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Transfer #33 and Motion to Dismiss #34 . Responses due by 11/3/2023; Replies due by 11/10/2023. Status hearing set for 11/30/2023 is reset for 1/17/2024 at 9:00 AM. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 35 MEMORANDUM by Mercy Health Hospital and Medical Center in support of Motion to Dismiss for Failure to State a Claim #34 (Ranvestel, Joseph) [Transferred from ilnd on 1/26/2024.] |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mercy Health Hospital and Medical Center (Ranvestel, Joseph) [Transferred from ilnd on 1/26/2024.] |
| Filing 33 MOTION by Defendant Mercy Health Hospital and Medical Center to transfer case (Attachments: #1 Exhibit 1)(Ranvestel, Joseph) [Transferred from ilnd on 1/26/2024.] |
| Filing 32 ATTORNEY Appearance for Defendant Mercy Health Hospital and Medical Center by Joseph Myles Ranvestel (Ranvestel, Joseph) [Transferred from ilnd on 1/26/2024.] |
| Filing 31 ATTORNEY Appearance for Defendant Mercy Health Hospital and Medical Center by John J. Reid (Reid, John) [Transferred from ilnd on 1/26/2024.] |
| Filing 30 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 10/12/2023 via Webex. Plaintiff's Counsel shall serve remaining Defendants by 11/2/2023. Status hearing set for 11/30/2023 at 9:00 AM. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 29 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 10/12/2023 at 9:00 AM stands and will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| SUMMONS Issued as to Defendants Mercy Health Hospital and Medical Center, Ryan Smelker, Town of Geneva Police Department (axa, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 28 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 9/8/2023 via Webex. Plaintiff's Counsel reports that due to illness, he has not served the Complaint on Defendants. Initial Status hearing continued for 10/12/2023 at 9:00 AM which will proceed in Courtroom 2503. Plaintiff shall contact the courtroom deputy if he requests hearing to proceed via Webex. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 27 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 9/8/2023 is reset for 12:30 PM (PLEASE NOTE TIME CHANGE) which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 26 Plaintiff's First AMENDED complaint by Gary M Hanley against All Defendants Mercy Health Hospital and Medical Center, et. al., (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 25 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to Continue hearing and for an extension to file Amended Complaint #24 is granted. Amended Complaint shall be filed by 8/31/2023. Status hearing is reset for 9/8/2023 at 9:00 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 24 MOTION by Plaintiff Gary M Hanley to continue First Amended Complaint (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 23 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to Continue hearing and for an extension to file Amended Complaint #22 is granted. Amended Complaint shall be filed by 8/17/2023. Status hearing is reset for 8/24/2023 at 9:30 AM. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 22 MOTION by Plaintiff Gary M Hanley for extension of time to File Amended Complaint (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 21 MINUTE entry before the Honorable Virginia M. Kendall. By request of Plaintiff's Counsel due to illness, Status hearing set 6/30/2023 is reset for 7/27/2023 at 9:00 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do not have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 20 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Status hearing set 5/12/2023 is reset for 6/30/2023 at 9:30 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 19 MINUTE entry before the Honorable Virginia M. Kendall. By request of Plaintiff due to illness, Status hearing set 5/8/2023 is reset for 5/12/2023 at 9:30 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 18 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for extension of time to file Amended Complaint #17 is granted. Amended Complaint shall be filed by 4/7/2023. Status hearing set for 4/14/2023 is reset for 5/8/2023 at 9:00 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. (Attachments: #1 Virtual Hearing Request Form) (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 17 MOTION by Plaintiff Gary M Hanley for extension of time to file First Amended Complaint for Violation of Constitutional Rights (Attachments: #1 Affidavit)(Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 16 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 2/3/2023 via Webex. Amended Complaint shall be filed by 3/10/2023. Status hearing set for 4/14/2023 at 9:30 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 15 MINUTE entry before the Honorable Virginia M. Kendall. By request of Plaintiff, Initial Status hearing set 2/10/2023 is reset for 2/3/2023 at 9:30 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 14 MINUTE entry before the Honorable Virginia M. Kendall. By request of Plaintiff and approval of the Court, Status hearing set for 2/1/2023 is reset for 2/10/2023 at 9:30 AM which will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically.Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 13 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Status hearing set for 1/24/2023 is reset for 2/1/2023 at 9:15 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 12 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 11 MINUTE entry before the Honorable Virginia M. Kendall. By request of Plaintiff's Counsel, Initial Status hearing set for 11/29/2022 is reset for 1/24/2023 at 9:15 AM which will proceed in Courtroom 2503. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 10 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Status hearing set for 11/10/2022 is reset for 11/29/2022 at 9:15 AM. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 9 MINUTE entry before the Honorable Virginia M. Kendall. By request of Plaintiff's newly retained Counsel, Initial Status hearing is reset for 11/10/2022 at 9:00 AM. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 8 STATUS Report by Gary M Hanley (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| Filing 7 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing set for 10/20/2022 at 9:00 AM which will proceed via Webex. Joint Status Report due by 10/17/2022. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Webex instructions are as follows: Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov. If you do not have access to a computer Dial: (650)-479-3207, the access code is: 180 698 4009. Given the increased volume of users that is anticipated, you are directed to mute your phone and turn off your video until your case is called. If calling in due to not having access to a computer, please remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function. Please test the sound quality and video functions of your device in advance. Members of the public and media are directed to call in to listen to hearings. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Participant instructions for Webex are attached. Mailed notice (Attachments: #1 Webex Participant Instructions) (lk, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 6 COMPLAINT filed by Gary M Hanley (cxr, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Gary M Hanley by Anthony M. Montemurro (Montemurro, Anthony) [Transferred from ilnd on 1/26/2024.] |
| MAILED copy of Order dated 7/7/2022 and blank IFP application to Plaintiff Gary M Hanley (cxr, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 3 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff is ordered to pay the $402 filing fee or submit an application for in forma pauperis by 7/28/2022. Failure to comply with this Order by 7/28/2022 will result in summary dismissal of this lawsuit. The Clerk is instructed to mail Plaintiff a copy of this order along with a blank IFP application. Mailed notice (lk, ) [Transferred from ilnd on 1/26/2024.] |
| 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. (cxr, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 2 CIVIL Cover Sheet (cxr, ) [Transferred from ilnd on 1/26/2024.] |
| Filing 1 RECEIVED Complaint and no copies by Gary M Hanley (cxr, ) [Transferred from ilnd on 1/26/2024.] |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (cxr, ) [Transferred from ilnd on 1/26/2024.] |
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