1
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RECEIVED Complaint and 8 copies by William Richard (Exhibits) (Attachments: # 1 Envelope postmarked 6/20/2017)(sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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1
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RECEIVED Complaint and 8 copies by William Richard (Exhibits) (Attachments: # 1 Envelope postmarked 6/20/2017)(sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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2
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PRISONER CIVIL Cover Sheet (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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2
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PRISONER CIVIL Cover Sheet (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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3
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PRO SE Appearance by Plaintiff William Richard (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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3
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PRO SE Appearance by Plaintiff William Richard (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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4
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APPLICATION by Plaintiff William Richard for leave to proceed in forma pauperis (Exhibits) (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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4
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APPLICATION by Plaintiff William Richard for leave to proceed in forma pauperis (Exhibits) (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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5
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MOTION by Plaintiff William Richard for attorney representation (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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5
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MOTION by Plaintiff William Richard for attorney representation (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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6
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MOTION by Plaintiff William Richard for service of process at government expense. (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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6
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MOTION by Plaintiff William Richard for service of process at government expense. (sxb, ) (Entered: 06/22/2017)
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June 21, 2017
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June 21, 2017
PACER
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7
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ORDER: Plaintiff's motion for leave to proceed in forma pauperis 4 is denied. To proceed with this case, Plaintiff must pre-pay the $400 filing fee by August 18, 2017. His failure to comply will result in summary dismissal of this case. See N.D. Ill. Local Rule 3.3(e). The Court will address Plaintiff's complaint and other motions after the filing fee has been satisfied. Signed by the Honorable Thomas M. Durkin on 7/20/2017. Mailed notice. (bg, ) (Entered: 07/20/2017)
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July 20, 2017
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July 20, 2017
PACER
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7
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ORDER: Plaintiff's motion for leave to proceed in forma pauperis 4 is denied. To proceed with this case, Plaintiff must pre-pay the $400 filing fee by August 18, 2017. His failure to comply will result in summary dismissal of this case. See N.D. Ill. Local Rule 3.3(e). The Court will address Plaintiff's complaint and other motions after the filing fee has been satisfied. Signed by the Honorable Thomas M. Durkin on 7/20/2017. Mailed notice. (bg, ) (Entered: 07/20/2017)
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July 20, 2017
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July 20, 2017
PACER
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9
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COMPLAINT filed by William Richard; Jury Demand. (Envelope postmarked 6/20/17) (tt, ) (Entered: 08/09/2017)
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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9
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COMPLAINT filed by William Richard; Jury Demand. (Envelope postmarked 6/20/17) (tt, ) (Entered: 08/09/2017)
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Aug. 7, 2017
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Aug. 7, 2017
PACER
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10
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ORDER: Plaintiff has paid the $400 filing fee. As stated below, the Court has conducted its initial review of the complaint and finds that it states colorable claims against the Defendants listed therein. The Clerk of Court is directed to: (1) file Plaintiffs complaint 1 ; (2) issue summonses for its service on the Defendants; and (3) send Plaintiff eight blank USM-285 (Marshals service) forms, a magistrate judge consent form, filing instructions, and a copy of this order. The Court advises Plaintiff that a completed USM-285 form is required for each Defendant. Plaintiffs motion for service of his complaint 6 is granted, and the U.S. Marshal is appointed to serve Defendants. Before the Marshal attempts service, however, Plaintiff must return completed service forms to the Court. Plaintiff should submit completed service forms within 35 days of this order. Failure to comply may result in the dismissal of unserved Defendants, as well as this case for failing to prosecute it. Plaintiff's motion for an attorney 5 is denied without prejudice. Signed by the Honorable Thomas M. Durkin on 9/8/2017. Mailed notice (tt, ) (Entered: 09/08/2017)
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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10
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ORDER: Plaintiff has paid the $400 filing fee. As stated below, the Court has conducted its initial review of the complaint and finds that it states colorable claims against the Defendants listed therein. The Clerk of Court is directed to: (1) file Plaintiffs complaint 1 ; (2) issue summonses for its service on the Defendants; and (3) send Plaintiff eight blank USM-285 (Marshals service) forms, a magistrate judge consent form, filing instructions, and a copy of this order. The Court advises Plaintiff that a completed USM-285 form is required for each Defendant. Plaintiffs motion for service of his complaint 6 is granted, and the U.S. Marshal is appointed to serve Defendants. Before the Marshal attempts service, however, Plaintiff must return completed service forms to the Court. Plaintiff should submit completed service forms within 35 days of this order. Failure to comply may result in the dismissal of unserved Defendants, as well as this case for failing to prosecute it. Plaintiff's motion for an attorney 5 is denied without prejudice. Signed by the Honorable Thomas M. Durkin on 9/8/2017. Mailed notice (tt, ) (Entered: 09/08/2017)
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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SUMMONS Issued, copy of the complaint and certified copy of order dated 9/8/17 10 to the U.S. Marshal's Office for service as to defendant(s) Sarah Johnson, Anna McBee, Miller, M. Piefer, Sangster, Randy Tajeda, Teijte, Venerble via email. (tt, )
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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SUMMONS Issued, copy of the complaint and certified copy of order dated 9/8/17 10 to the U.S. Marshal's Office for service as to defendant(s) Sarah Johnson, Anna McBee, Miller, M. Piefer, Sangster, Randy Tajeda, Teijte, Venerble via email. (tt, )
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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MAILED plaintiff copy of order dated 9/8/17 10, eight blank USM-285 (Marshals service) forms, a magistrate judge consent form, and filing instructions. (tt, )
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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MAILED plaintiff copy of order dated 9/8/17 10, eight blank USM-285 (Marshals service) forms, a magistrate judge consent form, and filing instructions. (tt, )
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Sept. 8, 2017
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Sept. 8, 2017
PACER
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11
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MOTION by Plaintiff William Richard to reconsider plaintiff's request for recruitment of counsel. Motion to amend complaint instanter. Motion to amend this court's 9/8/2017, order and to correct medical facts(Exhibits). (Envelope postmarked 11/6/17) (tt, ) (Entered: 11/14/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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11
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MOTION by Plaintiff William Richard to reconsider plaintiff's request for recruitment of counsel. Motion to amend complaint instanter. Motion to amend this court's 9/8/2017, order and to correct medical facts(Exhibits). (Envelope postmarked 11/6/17) (tt, ) (Entered: 11/14/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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MOTION by Plaintiff William Richard to amend complaint instanter (Omitted Relief from motion. 11 ). (tt, )
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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MOTION by Plaintiff William Richard to amend complaint instanter (Omitted Relief from motion. 11 ). (tt, )
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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MOTION by Plaintiff William Richard to amend this court's 9/8/2017, order and to correct medical facts. (Omitted Relief from motion 11 ). (tt, )
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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MOTION by Plaintiff William Richard to amend this court's 9/8/2017, order and to correct medical facts. (Omitted Relief from motion 11 ). (tt, )
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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12
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SUMMONS Returned Unexecuted by U.S. Marshals Service as to Teijte. (tt, ) (Entered: 11/15/2017)
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Nov. 14, 2017
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Nov. 14, 2017
PACER
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12
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SUMMONS Returned Unexecuted by U.S. Marshals Service as to Teijte. (tt, ) (Entered: 11/15/2017)
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Nov. 14, 2017
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Nov. 14, 2017
PACER
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Amend/Correct
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Nov. 14, 2017
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Nov. 14, 2017
PACER
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Amend/Correct
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Nov. 14, 2017
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Nov. 14, 2017
PACER
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Amend/Correct
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Nov. 14, 2017
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Nov. 14, 2017
PACER
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Amend/Correct
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Nov. 14, 2017
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Nov. 14, 2017
PACER
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13
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WAIVER OF SERVICE returned executed by U.S. Marshals Service. Sarah Johnson waiver sent on 11/14/2017, answer due 1/16/2018. (Attachments: # 1 usm 285-Sarah Johnson) (tt, ) (Entered: 11/16/2017)
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Nov. 15, 2017
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Nov. 15, 2017
PACER
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13
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WAIVER OF SERVICE returned executed by U.S. Marshals Service. Sarah Johnson waiver sent on 11/14/2017, answer due 1/16/2018. (Attachments: # 1 usm 285-Sarah Johnson) (tt, ) (Entered: 11/16/2017)
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Nov. 15, 2017
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Nov. 15, 2017
PACER
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14
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ORDER: Plaintiff's motion to amend his complaint and for the Court to reconsider its denial of Plaintiff's initial request for counsel and amend its 9/8/17 order 11 is granted in part and denied in part. Plaintiff's request to substitute Randy Pfister for Randy Tajeda as the Warden of Stateville Correctional Center is granted. The Clerk shall terminate Randy Tajeda as a Defendant, add Randy Pfister, and change the caption of this case to Richard v. Pfister. The Clerk shall also issue summons for service of the complaint on Randy Pfister, who should consider the allegations against Tajeda to be against Pfister. Plaintiff's request for the Court to reconsider its refusal to recruit an attorney 11 is denied. Plaintiff's request for the Court to amend its 9/8/17 order to include additional medical conditions in the list of Plaintiff's maladies is denied; however, the Court acknowledges (and Defendants should as well) that Plaintiff suffers from additional conditions than those stated in the 9/8/17 order. Signed by the Honorable Thomas M. Durkin on 11/28/2017. Mailed notice (tt, ) (Entered: 11/28/2017)
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Nov. 28, 2017
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Nov. 28, 2017
PACER
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14
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ORDER: Plaintiff's motion to amend his complaint and for the Court to reconsider its denial of Plaintiff's initial request for counsel and amend its 9/8/17 order 11 is granted in part and denied in part. Plaintiff's request to substitute Randy Pfister for Randy Tajeda as the Warden of Stateville Correctional Center is granted. The Clerk shall terminate Randy Tajeda as a Defendant, add Randy Pfister, and change the caption of this case to Richard v. Pfister. The Clerk shall also issue summons for service of the complaint on Randy Pfister, who should consider the allegations against Tajeda to be against Pfister. Plaintiff's request for the Court to reconsider its refusal to recruit an attorney 11 is denied. Plaintiff's request for the Court to amend its 9/8/17 order to include additional medical conditions in the list of Plaintiff's maladies is denied; however, the Court acknowledges (and Defendants should as well) that Plaintiff suffers from additional conditions than those stated in the 9/8/17 order. Signed by the Honorable Thomas M. Durkin on 11/28/2017. Mailed notice (tt, ) (Entered: 11/28/2017)
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Nov. 28, 2017
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Nov. 28, 2017
PACER
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SUMMONS Issued, copy of the complaint and certified copy of order dated 11/28/17 14 to the U.S. Marshal's Office for service as to defendant Randy Pfister via email. (tt, )
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Nov. 28, 2017
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Nov. 28, 2017
PACER
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SUMMONS Issued, copy of the complaint and certified copy of order dated 11/28/17 14 to the U.S. Marshal's Office for service as to defendant Randy Pfister via email. (tt, )
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Nov. 28, 2017
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Nov. 28, 2017
PACER
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15
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ATTORNEY Appearance for Defendant Sarah Johnson by Erik Henning Johnson (Johnson, Erik) (Entered: 11/30/2017)
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Nov. 30, 2017
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Nov. 30, 2017
PACER
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15
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ATTORNEY Appearance for Defendant Sarah Johnson by Erik Henning Johnson (Johnson, Erik) (Entered: 11/30/2017)
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Nov. 30, 2017
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Nov. 30, 2017
PACER
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16
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SUMMONS Returned Executed by U.S. Marshals Service as to Counselor Venerble on 12/5/2017, answer due 12/26/2017. (tt, ) (Entered: 12/07/2017)
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Dec. 6, 2017
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Dec. 6, 2017
PACER
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16
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SUMMONS Returned Executed by U.S. Marshals Service as to Counselor Venerble on 12/5/2017, answer due 12/26/2017. (tt, ) (Entered: 12/07/2017)
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Dec. 6, 2017
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Dec. 6, 2017
PACER
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17
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WAIVER OF SERVICE returned executed by US Marshals Service. Randy Pfister waiver sent on 10/31/2017, answer due 1/2/2018; Anna McBee waiver sent on 10/31/2017, answer due 1/2/2018; Counselor Miller waiver sent on 10/31/2017, answer due 1/2/2018. (Attachments: # 1 USM 285-Randy Pfister, # 2 Wavier-Anna McBee, # 3 USM 285-Anna McBee, # 4 Wavier-Counselor Miller, # 5 USM 285--Counselor Miller) (tt, ) (Entered: 12/19/2017)
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Dec. 18, 2017
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Dec. 18, 2017
PACER
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17
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WAIVER OF SERVICE returned executed by US Marshals Service. Randy Pfister waiver sent on 10/31/2017, answer due 1/2/2018; Anna McBee waiver sent on 10/31/2017, answer due 1/2/2018; Counselor Miller waiver sent on 10/31/2017, answer due 1/2/2018. (Attachments: # 1 USM 285-Randy Pfister, # 2 Wavier-Anna McBee, # 3 USM 285-Anna McBee, # 4 Wavier-Counselor Miller, # 5 USM 285--Counselor Miller) (tt, ) (Entered: 12/19/2017)
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Dec. 18, 2017
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Dec. 18, 2017
PACER
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18
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WAIVER of service returned unexecuted by U.S. Marshals Service as to Counselor M. Piefer. (tt, ) (Entered: 12/28/2017)
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Dec. 27, 2017
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Dec. 27, 2017
PACER
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18
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WAIVER of service returned unexecuted by U.S. Marshals Service as to Counselor M. Piefer. (tt, ) (Entered: 12/28/2017)
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Dec. 27, 2017
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Dec. 27, 2017
PACER
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19
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ATTORNEY Appearance for Defendants Anna McBee, Miller, Randy Pfister by Erik Henning Johnson (Johnson, Erik) (Entered: 12/28/2017)
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Dec. 28, 2017
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Dec. 28, 2017
PACER
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19
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ATTORNEY Appearance for Defendants Anna McBee, Miller, Randy Pfister by Erik Henning Johnson (Johnson, Erik) (Entered: 12/28/2017)
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Dec. 28, 2017
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Dec. 28, 2017
PACER
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20
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MOTION by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister for extension of time to file answer regarding complaint 9 (Johnson, Erik) (Entered: 01/02/2018)
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Jan. 2, 2018
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Jan. 2, 2018
PACER
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20
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MOTION by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister for extension of time to file answer regarding complaint 9 (Johnson, Erik) (Entered: 01/02/2018)
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Jan. 2, 2018
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Jan. 2, 2018
PACER
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21
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NOTICE of Motion by Erik Henning Johnson for presentment of motion for extension of time to file answer 20 before Honorable Thomas M. Durkin on 1/10/2018 at 09:00 AM. (Johnson, Erik) (Entered: 01/02/2018)
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Jan. 2, 2018
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Jan. 2, 2018
PACER
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21
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NOTICE of Motion by Erik Henning Johnson for presentment of motion for extension of time to file answer 20 before Honorable Thomas M. Durkin on 1/10/2018 at 09:00 AM. (Johnson, Erik) (Entered: 01/02/2018)
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Jan. 2, 2018
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Jan. 2, 2018
PACER
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22
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MINUTE entry before the Honorable Thomas M. Durkin:Defendants' motion for extension of time to 1/31/2018 to answer or otherwise plead 20 is granted. No appearance is required on 1/10/2018. Mailed notice (srn, ) (Entered: 01/08/2018)
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Jan. 8, 2018
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Jan. 8, 2018
PACER
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22
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MINUTE entry before the Honorable Thomas M. Durkin:Defendants' motion for extension of time to 1/31/2018 to answer or otherwise plead 20 is granted. No appearance is required on 1/10/2018. Mailed notice (srn, ) (Entered: 01/08/2018)
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Jan. 8, 2018
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Jan. 8, 2018
PACER
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23
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SUMMONS Returned Unexecuted by U.S. Marshals Service as to Sangster. (tt, ) (Entered: 01/10/2018)
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Jan. 8, 2018
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Jan. 8, 2018
PACER
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23
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SUMMONS Returned Unexecuted by U.S. Marshals Service as to Sangster. (tt, ) (Entered: 01/10/2018)
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Jan. 8, 2018
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Jan. 8, 2018
PACER
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25
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RETURN by U.S. Marshal Service regarding summons: The U.S. Marshal Service is unable to execute services without the USM 285 form. (jjr, ) (Entered: 01/31/2018)
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Jan. 29, 2018
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Jan. 29, 2018
PACER
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25
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RETURN by U.S. Marshal Service regarding summons: The U.S. Marshal Service is unable to execute services without the USM 285 form. (jjr, ) (Entered: 01/31/2018)
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Jan. 29, 2018
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Jan. 29, 2018
PACER
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24
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MOTION by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister for extension of time to file answer (Johnson, Erik) (Entered: 01/31/2018)
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Jan. 31, 2018
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Jan. 31, 2018
PACER
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24
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MOTION by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister for extension of time to file answer (Johnson, Erik) (Entered: 01/31/2018)
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Jan. 31, 2018
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Jan. 31, 2018
PACER
|
26
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NOTICE of Motion by Erik Henning Johnson for presentment of motion for extension of time to file answer 24 before Honorable Thomas M. Durkin on 2/8/2018 at 09:00 AM. (Johnson, Erik) (Entered: 01/31/2018)
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Jan. 31, 2018
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Jan. 31, 2018
PACER
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26
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NOTICE of Motion by Erik Henning Johnson for presentment of motion for extension of time to file answer 24 before Honorable Thomas M. Durkin on 2/8/2018 at 09:00 AM. (Johnson, Erik) (Entered: 01/31/2018)
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Jan. 31, 2018
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Jan. 31, 2018
PACER
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27
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MINUTE entry before the Honorable Thomas M. Durkin:Defendants' second motion for extension of time to 2/16/2018 to answer or otherwise plead 24 is granted. No appearance is required on 2/8/2018. Mailed notice (srn, ) (Entered: 02/05/2018)
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Feb. 5, 2018
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Feb. 5, 2018
PACER
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27
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MINUTE entry before the Honorable Thomas M. Durkin:Defendants' second motion for extension of time to 2/16/2018 to answer or otherwise plead 24 is granted. No appearance is required on 2/8/2018. Mailed notice (srn, ) (Entered: 02/05/2018)
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Feb. 5, 2018
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Feb. 5, 2018
PACER
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28
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ATTORNEY Appearance for Defendant Venerble by Erik Henning Johnson (Johnson, Erik) (Entered: 02/15/2018)
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Feb. 15, 2018
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Feb. 15, 2018
PACER
|
28
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ATTORNEY Appearance for Defendant Venerble by Erik Henning Johnson (Johnson, Erik) (Entered: 02/15/2018)
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Feb. 15, 2018
|
Feb. 15, 2018
PACER
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29
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First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble (Johnson, Erik) (Entered: 02/16/2018)
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Feb. 16, 2018
|
Feb. 16, 2018
PACER
|
29
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First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble (Johnson, Erik) (Entered: 02/16/2018)
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Feb. 16, 2018
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Feb. 16, 2018
PACER
|
30
|
NOTICE of Motion by Erik Henning Johnson for presentment of Motion to Dismiss for Failure to State a Claim 29 before Honorable Thomas M. Durkin on 2/21/2018 at 09:00 AM. (Johnson, Erik) (Entered: 02/16/2018)
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Feb. 16, 2018
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Feb. 16, 2018
PACER
|
30
|
NOTICE of Motion by Erik Henning Johnson for presentment of Motion to Dismiss for Failure to State a Claim 29 before Honorable Thomas M. Durkin on 2/21/2018 at 09:00 AM. (Johnson, Erik) (Entered: 02/16/2018)
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Feb. 16, 2018
|
Feb. 16, 2018
PACER
|
31
|
ANSWER to Complaint with Jury Demand by Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble(Johnson, Erik) (Entered: 02/16/2018)
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Feb. 16, 2018
|
Feb. 16, 2018
PACER
|
31
|
ANSWER to Complaint with Jury Demand by Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble(Johnson, Erik) (Entered: 02/16/2018)
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Feb. 16, 2018
|
Feb. 16, 2018
PACER
|
32
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ORDER: The Court sets the following briefing schedule for Defendants' motion to dismiss 29 . Plaintiff's response is due April 9, 2018. Defendants' reply is due May 9, 2018. While the motion to dismiss is being briefed and considered, Defendants are directed to identify, if they are able, the correct names of the parties for whom summonses returned unexecuted (Pfeifer, Sangster, Teijt). Defendants should notify the Court of the results of their efforts within 28 days. If the proper names of those parties are identified, Defendants should provide those names to Plaintiff. Signed by the Honorable Thomas M. Durkin on 2/20/2018. Mailed notice (tt, ) (Entered: 02/20/2018)
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Feb. 20, 2018
|
Feb. 20, 2018
PACER
|
32
|
ORDER: The Court sets the following briefing schedule for Defendants' motion to dismiss 29 . Plaintiff's response is due April 9, 2018. Defendants' reply is due May 9, 2018. While the motion to dismiss is being briefed and considered, Defendants are directed to identify, if they are able, the correct names of the parties for whom summonses returned unexecuted (Pfeifer, Sangster, Teijt). Defendants should notify the Court of the results of their efforts within 28 days. If the proper names of those parties are identified, Defendants should provide those names to Plaintiff. Signed by the Honorable Thomas M. Durkin on 2/20/2018. Mailed notice (tt, ) (Entered: 02/20/2018)
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Feb. 20, 2018
|
Feb. 20, 2018
PACER
|
33
|
MINUTE entry before the Honorable Thomas M. Durkin:The 2/21/2018 notice motion date is stricken.Mailed notice (srn, ) (Entered: 02/20/2018)
|
Feb. 20, 2018
|
Feb. 20, 2018
PACER
|
33
|
MINUTE entry before the Honorable Thomas M. Durkin:The 2/21/2018 notice motion date is stricken.Mailed notice (srn, ) (Entered: 02/20/2018)
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Feb. 20, 2018
|
Feb. 20, 2018
PACER
|
34
|
MOTION by Plaintiff William Richard to reconsider appointment of counsel. (Envelope postmarked 3/5/18) (Received for docketing on 3/12/18) (tt, ) (Entered: 03/12/2018)
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March 9, 2018
|
March 9, 2018
PACER
|
34
|
MOTION by Plaintiff William Richard to reconsider appointment of counsel. (Envelope postmarked 3/5/18) (Received for docketing on 3/12/18) (tt, ) (Entered: 03/12/2018)
|
March 9, 2018
|
March 9, 2018
PACER
|
35
|
ORDER: Plaintiff's current motion seeking the recruitment of counsel 34 is denied. This case is still in its early stages, not all Defendants have been served and, given the pending motion to dismiss, it appears that the parties have engaged in little to no discovery. There does not appear to be a need for counsel at this time. See Romanelli v. Suliene, 615 F.3d 847, 851-52 (7th Cir. 2010). At present, Plaintiff must respond to Defendants' motion to dismiss. With respect to Defendants' argument that Plaintiff's Americans with Disabilities Act ("ADA") claim should be dismissed, the issue is essentially a technical one about whether ADA claims can be brought against Defendants in their individual capacities or in federal court. Defendants do not seek dismissal of Plaintiff's claims under the Rehabilitation Act, which allows the same type of relief as the ADA. Even if the ADA claims are dismissed, Plaintiff will still have his Rehabilitation Act claims, which provide the same opportunity for relief. Jaros v. Illinois Dept. of Corrections, 684 F.3d 667, 672 (7th Cir. 2012) (ADA claim was dismissed where a prisoner asserted both ADA and Rehabilitation Act claims, but he could "have but one recovery"). As to Plaintiff's Eighth Amendment claims, he should address how each Defendant was personally involved in depriving him of his basic needs. Kuhn v. Goodlow, 678 F.3d 552, 556 (7th Cir. 2012) ("an individual cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation"). To assist Plaintiff, the Court extends the due date of his response to May 2, 2018. Defendants' reply is due May 18, 2018. Signed by the Honorable Thomas M. Durkin on 4/2/2018. Mailed notice. (kp, ) (Entered: 04/02/2018)
|
April 2, 2018
|
April 2, 2018
PACER
|
35
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ORDER: Plaintiff's current motion seeking the recruitment of counsel 34 is denied. This case is still in its early stages, not all Defendants have been served and, given the pending motion to dismiss, it appears that the parties have engaged in little to no discovery. There does not appear to be a need for counsel at this time. See Romanelli v. Suliene, 615 F.3d 847, 851-52 (7th Cir. 2010). At present, Plaintiff must respond to Defendants' motion to dismiss. With respect to Defendants' argument that Plaintiff's Americans with Disabilities Act ("ADA") claim should be dismissed, the issue is essentially a technical one about whether ADA claims can be brought against Defendants in their individual capacities or in federal court. Defendants do not seek dismissal of Plaintiff's claims under the Rehabilitation Act, which allows the same type of relief as the ADA. Even if the ADA claims are dismissed, Plaintiff will still have his Rehabilitation Act claims, which provide the same opportunity for relief. Jaros v. Illinois Dept. of Corrections, 684 F.3d 667, 672 (7th Cir. 2012) (ADA claim was dismissed where a prisoner asserted both ADA and Rehabilitation Act claims, but he could "have but one recovery"). As to Plaintiff's Eighth Amendment claims, he should address how each Defendant was personally involved in depriving him of his basic needs. Kuhn v. Goodlow, 678 F.3d 552, 556 (7th Cir. 2012) ("an individual cannot be held liable in a § 1983 action unless he caused or participated in an alleged constitutional deprivation"). To assist Plaintiff, the Court extends the due date of his response to May 2, 2018. Defendants' reply is due May 18, 2018. Signed by the Honorable Thomas M. Durkin on 4/2/2018. Mailed notice. (kp, ) (Entered: 04/02/2018)
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April 2, 2018
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April 2, 2018
PACER
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36
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LETTER from William Richard dated 4/25/18. (Envelope postmarked 4/26/18) (Received for docketing on 5/2/18) (tt, ) (Entered: 05/02/2018)
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April 30, 2018
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April 30, 2018
PACER
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36
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LETTER from William Richard dated 4/25/18. (Envelope postmarked 4/26/18) (Received for docketing on 5/2/18) (tt, ) (Entered: 05/02/2018)
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April 30, 2018
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April 30, 2018
PACER
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37
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ATTORNEY Appearance for Plaintiff William Richard by Amanda C Antholt (Antholt, Amanda) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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37
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ATTORNEY Appearance for Plaintiff William Richard by Amanda C Antholt (Antholt, Amanda) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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38
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ATTORNEY Appearance for Plaintiff William Richard by Samantha Reed (Reed, Samantha) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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38
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ATTORNEY Appearance for Plaintiff William Richard by Samantha Reed (Reed, Samantha) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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39
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MOTION by Plaintiff William Richard for leave to file an Amended Complaint (Reed, Samantha) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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39
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MOTION by Plaintiff William Richard for leave to file an Amended Complaint (Reed, Samantha) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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40
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NOTICE of Motion by Samantha Reed for presentment of motion for leave to file 39 before Honorable Thomas M. Durkin on 6/20/2018 at 09:00 AM. (Reed, Samantha) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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40
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NOTICE of Motion by Samantha Reed for presentment of motion for leave to file 39 before Honorable Thomas M. Durkin on 6/20/2018 at 09:00 AM. (Reed, Samantha) (Entered: 06/13/2018)
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June 13, 2018
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June 13, 2018
PACER
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41
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MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's unopposed motion for leave to file an amended complaint on or before 7/6/2018 39 is granted. No appearance is required on 6/20/2018. Mailed notice (srn, ) (Entered: 06/14/2018)
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June 14, 2018
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June 14, 2018
PACER
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41
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MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's unopposed motion for leave to file an amended complaint on or before 7/6/2018 39 is granted. No appearance is required on 6/20/2018. Mailed notice (srn, ) (Entered: 06/14/2018)
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June 14, 2018
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June 14, 2018
PACER
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42
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ORDER: Defendants' motion to dismiss Plaintiff's original complaint 29 is denied without prejudice. The Court recently granted Plaintiff's request to file an amended complaint. Defendants may reassert their arguments with respect to the amended complaint, if applicable, or resubmit their motion if no amended complaint is filed. Signed by the Honorable Thomas M. Durkin on 6/15/2018. Mailed notice (tt, ) (Entered: 06/15/2018)
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June 15, 2018
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June 15, 2018
PACER
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42
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ORDER: Defendants' motion to dismiss Plaintiff's original complaint 29 is denied without prejudice. The Court recently granted Plaintiff's request to file an amended complaint. Defendants may reassert their arguments with respect to the amended complaint, if applicable, or resubmit their motion if no amended complaint is filed. Signed by the Honorable Thomas M. Durkin on 6/15/2018. Mailed notice (tt, ) (Entered: 06/15/2018)
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June 15, 2018
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June 15, 2018
PACER
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43
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WITHDRAWING Erik Henning Johnson as counsel for Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble and substituting Stephanie Ann Kevil as counsel of record (Kevil, Stephanie) (Entered: 07/03/2018)
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July 3, 2018
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July 3, 2018
PACER
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43
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WITHDRAWING Erik Henning Johnson as counsel for Defendants Sarah Johnson, Anna McBee, Miller, Randy Pfister, Venerble and substituting Stephanie Ann Kevil as counsel of record (Kevil, Stephanie) (Entered: 07/03/2018)
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July 3, 2018
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July 3, 2018
PACER
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44
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AMENDED complaint by William Richard against Randy Pfister, John R. Baldwin, Ricardo Tejeda and terminating Miller (Counselor), M. Piefer (Counselor), Sangster (LPN), Teijte (Asst. Warden), Venerble (Counselor), Sarah Johnson and Anna McBee (CCII Grievance Officer) (Attachments: # 1 Exhibit)(Antholt, Amanda) (Entered: 07/06/2018)
1 Exhibit
View on PACER
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July 6, 2018
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July 6, 2018
Clearinghouse
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44
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AMENDED complaint by William Richard against Randy Pfister, John R. Baldwin, Ricardo Tejeda and terminating Miller (Counselor), M. Piefer (Counselor), Sangster (LPN), Teijte (Asst. Warden), Venerble (Counselor), Sarah Johnson and Anna McBee (CCII Grievance Officer) (Attachments: # 1 Exhibit)(Antholt, Amanda) (Entered: 07/06/2018)
1 Exhibit
View on PACER
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July 6, 2018
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July 6, 2018
Clearinghouse
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