Spaulding v. Cook County Sheriffs Department et al

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:16-cv-01067
District Judge Sara L. Ellis, presiding
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District Judge Sara L. Ellis
Last Updated July 28, 2025 at 10:14 PM EDT (10.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [EF08310], Plaintiff

Represented by Law Office of Thomas A. Kantas, P.C.

Name Phone Fax E-Mail
Space Thomas A Kantas tkantas@kantaslaw.com

Represented by Miller Canfield Paddock & Stone, PLC

Name Phone Fax E-Mail
Space Steven Joseph Rotunno +1 312 460 4200 rotunno@millercanfield.com

Represented by NICOARA & STEAGALL

Name Phone Fax E-Mail
Space Richard L Steagall +1 309 674 6085 +6746 674 674 6032 nicsteag@mtco.com
v.
No Logo Anonymized Party [6CEB895], Defendant
No Logo Anonymized Party [BDDFEDC], Defendant

Represented by Andrew M. Hale & Associates, LLC

Name Phone Fax E-Mail
Space Anthony E. Zecchin +1 312 603 3373 azecchin@cookcountygov.com

Represented by Office Of The Cook County State's Attorney

Name Phone Fax E-Mail
Space Oscar Miguel Garcia +1 312 603 5153 oscar.garcia@cookcountyil.gov

Represented by Schiller DuCanto & Fleck LLC

Name Phone Fax E-Mail
Space Adam Miel Zebelian +1 312 609 5526 amielzebelian@sdflaw.com
No Logo Anonymized Party [C726636], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Oscar Miguel Garcia
No Logo Cook County, Defendant
No Logo Cook County Jail, Defendant
No Logo Cook County Sheriffs Department, Defendant
No Logo Sheriff of Cook County, Defendant
Other Parties
No Logo Service List,

Represented by Probation Office

Name Phone Fax E-Mail
Space Prisoner Correspondence 12 - Internal Use Only ilnd_PC12@ilnd.uscourts.gov
Attributes
Nature of Suit 555 - Civil Rights (Prison Condition)
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Case Status closed
Jury Demand Defendant
Anonymization By SCALES
Timeline
  Entries (65) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 64 Filed: 10/19/2017, Entered: 10/20/2017
ENTERED JUDGMENT. Mailed notice(rj, )
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Legal Document (Payment Possibly Required) 63 Filed: 10/19/2017, Entered: 10/19/2017
MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 10/19/2017. Motion to compel 60 is terminated as moot. Plaintiff's counsel appears and reports that he has not been in contact with Plaintiff, EF08310. It is hereby ordered that this action is dismissed for want of prosecution. Civil case terminated. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 62 Filed: 10/12/2017, Entered: 10/16/2017
MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 10/12/2017 regarding motion to compel 60 and continued to 10/19/2017 at 1:45 PM. Plaintiff's counsel reports that he has not been in contact with his client. If there has not been contact by 10/19/2017, this action will be dismissed for want of prosecution. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 61 Filed: 10/4/2017, Entered: 10/4/2017
NOTICE of Motion by Oscar Miguel C726636 for presentment of motion to compel 60 before Honorable Sara L. Ellis on 10/12/2017 at 01:45 PM. (C726636, Oscar)
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Legal Document (Payment Possibly Required) 60 Filed: 10/4/2017, Entered: 10/4/2017
MOTION by Defendants C726636, BDDFEDC to compel (C726636, Oscar)
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Legal Document (Payment Possibly Required) 59 Filed: 9/13/2017, Entered: 9/13/2017
ATTORNEY Appearance for Defendant C726636 by Oscar Miguel C726636 (C726636, Oscar)
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Legal Document (Payment Possibly Required) 58 Filed: 9/13/2017, Entered: 9/13/2017
WAIVER OF SERVICE returned executed by C726636. (C726636, Oscar)
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Legal Document (Payment Possibly Required) 57 Filed: 9/13/2017, Entered: 9/13/2017
NOTICE of Correction regarding 55 . (tt, )
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Legal Document (Payment Possibly Required) 56 Filed: 9/12/2017, Entered: 9/12/2017
ANSWER to amended complaint by C726636 (Attachments: # 1 Notice of Filing)(C726636, Oscar)
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Legal Document (Payment Possibly Required) 55 Filed: 9/12/2017, Entered: 9/12/2017
WAIVER OF SERVICE returned executed by C726636. C726636 waiver sent on 8/14/2017, answer due 10/13/2017. (C726636, Oscar) (Incorrect pdf document linked - Docket Text Modified by Clerks Office.). (tt, ).
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Legal Document (Payment Possibly Required) 54 Filed: 8/1/2017, Entered: 8/1/2017
ORDER: Motion hearing held on 7/20/17. Plaintiff voluntarily withdraws all official capacity claims, therefore, Defendant's motion to dismiss 53 is denied as moot. Sheriff of Cook County, Cook County and Cook County are dismissed as stated in open court. Signed by the Honorable Sara L. Ellis on 8/1/2017. Mailed notice (tt, )
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Legal Document (Payment Possibly Required) 53 Filed: 7/4/2017, Entered: 7/4/2017
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Officer BDDFEDC (C726636, Oscar)
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Legal Document (Payment Possibly Required) 52 Filed: 7/4/2017, Entered: 7/4/2017
NOTICE of Motion by Oscar Miguel C726636 for presentment of before Honorable Sara L. Ellis on 7/20/2017 at 01:45 PM. (C726636, Oscar)
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Legal Document (Payment Possibly Required) 51 Filed: 7/4/2017, Entered: 7/4/2017
ANSWER to amended complaint by BDDFEDC (Attachments: # 1 Notice of Filing)(C726636, Oscar)
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Legal Document (Payment Possibly Required) 50 Filed: 6/27/2017, Entered: 6/27/2017 Court Filing
MINUTE entry before the Honorable Jeffrey Cole: The defendant has filed an unopposed motion to terminate the settlement conference referral. 48 . The motion notes that the plaintiff's counsel is "recruited" and asks that the referral for settlement be terminated as it would accomplish nothing of value at this time. It notes an amended complaint was filed on June 20, 2017 (Paragraph 7) and that plaintiff has not been deposed, his medical records have not been produced, and their review is necessary to evaluate the value of the case. It also notes that discovery has not yet occurred. (Paragraph 9). Under these circumstances and additional ones discussed in the motion, the defendant believes that a settlement conference at this time will not be fruitful. While a party cannot be forced to settle a case, United States v. LaCroix, 166 F.3d 921, 922 (7th Cir. 1999), he can be compelled to attend a settlement conference. G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 650 (7th Cir.1989)(en banc). Still, under the circumstances outlined in the motion, it would serve no useful purpose at this time to have a conference, and the law never requires an idle thing to be done. Brooklyn Life Insurance Co. v. Dutcher, 95 U.S. 269, 272 (1877). Accordingly, there being no purpose in requiring at this time the attendance of the parties and their counsel for a settlement conference, the motion 48 is granted and the referral is closed and the case returned to Judge Ellis. Of course, the parties should feel free to request a settlement conference at a later stage of the case after they have acquired sufficient information to enable them to make an informed judgment about the case. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, )
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Legal Document (Payment Possibly Required) 49 Filed: 6/23/2017, Entered: 6/23/2017
NOTICE of Motion by Oscar Miguel C726636 for presentment of motion for settlement 48 before Honorable Jeffrey Cole on 6/29/2017 at 08:30 AM. (C726636, Oscar)
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Legal Document (Payment Possibly Required) 48 Filed: 6/23/2017, Entered: 6/23/2017
MOTION by Defendant BDDFEDC for settlement referral termination (C726636, Oscar)
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Legal Document (Payment Possibly Required) 47 Filed: 6/20/2017, Entered: 6/20/2017
AMENDED complaint by EF08310 against All Defendants (Kantas, Thomas)
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Legal Document (Payment Possibly Required) 46 Filed: 6/20/2017, Entered: 6/20/2017
MINUTE entry before the Honorable Jeffrey Cole: The parties are directed to conference call the courtroom deputy at 312-408-5178 by 6/26/2017 to set a settlement conference date. The parties are directed to contact their respective clients in advance of the conference call to procure 3 or 4 dates that they and the principals are available for a settlement conference between 7/12/2017 and 8/17/2017.Mailed notice (jms, )
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Legal Document (Payment Possibly Required) 45 Filed: 6/20/2017, Entered: 6/20/2017
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: settlement conference.(rj, )Mailed notice.
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Legal Document (Payment Possibly Required) 44 Filed: 6/20/2017, Entered: 6/20/2017 Court Filing
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 6/20/17. Plaintiff's counsel reports that an amended complaint will be filed 6/20/17. Fact discovery closes on 10/27/17. Referral entered to Magistrate Judge Cox for settlement conference. Status hearing set for 11/1/2017 at 9:30 AM. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 43 Filed: 6/6/2017, Entered: 6/6/2017
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 6/6/2017. Status hearing is set for 6/20/2017 at 9:30 a.m. Mailed notice (lcw, )
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Legal Document (Payment Possibly Required) 42 Filed: 6/5/2017, Entered: 6/5/2017
MINUTE entry before the Honorable Sara L. Ellis: Status hearing set for 6/7/2017 is stricken and reset to 6/6/2017 at 9:30 AM. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 41 Filed: 6/2/2017, Entered: 6/2/2017
ANSWER to Complaint with Jury Demand by Mr. BDDFEDC (Attachments: # 1 Notice of Filing)(C726636, Oscar)
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Legal Document (Payment Possibly Required) 40 Filed: 2/7/2017, Entered: 2/8/2017
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 2/7/17. Plaintiff to file an amended complaint by 2/14/17. Discovery schedule: Rule 26(a) disclosures due by 3/9/17; written discovery to issue after 3/9/17; fact discovery closes on 6/7/17. Defendants are given leave to depose Plaintiff who is incarcerated. Next status date set for 6/7/17 at 9:30 AM. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 39 Filed: 1/19/2017, Entered: 1/19/2017
MINUTE entry before the Honorable Sara L. Ellis: Motion to withdraw as counsel 37 is granted. Attorney Adam Miel Zebelian terminated. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 38 Filed: 1/13/2017, Entered: 1/13/2017
NOTICE of Motion by Oscar Miguel C726636 for presentment of motion to withdraw 37 before Honorable Sara L. Ellis on 1/19/2017 at 01:45 PM. (C726636, Oscar)
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Legal Document (Payment Possibly Required) 37 Filed: 1/13/2017, Entered: 1/13/2017
MOTION by Defendant Mr. BDDFEDC to withdraw Adam Miel Zebelian (C726636, Oscar)
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Legal Document (Payment Possibly Required) 36 Filed: 1/10/2017, Entered: 1/11/2017
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 1/10/2017. Counsel is to file an appearance on behalf of the plaintiff. Status hearing set for 2/7/2017 at 9:30 a.m. Mailed notice (vcf, )
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Legal Document (Payment Possibly Required) 35 Filed: 1/10/2017, Entered: 1/10/2017
ATTORNEY Appearance for Defendant Mr. BDDFEDC by Oscar Miguel C726636 (C726636, Oscar)
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Legal Document (Payment Possibly Required) 34 Filed: 12/23/2016, Entered: 12/23/2016
MINUTE entry before the Honorable Sara L. Ellis: Due to scheduling conflict of the Court, status hearing set for 1/3/2017 is stricken and reset to 1/10/2017 at 9:30 AM. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 33 Filed: 11/14/2016, Entered: 11/15/2016
ORDER: The Court grants Attorney Richard L. Steagall's request to withdraw as counsel for Plaintiff. Status hearing set for 11/9/2016 is stricken and reset to 1/3/17 at 9:30 AM. The Court recruits Thomas A Kantas, Law Office of Thomas A. Kantas, P.C., 7808 West College Drive, Suite LL1 Palos Heights, IL 60463, (708)328-3644, Fax: 708-328-3644, Email: tkantas@kantaslaw.com to represent plaintiff. Signed by the Honorable Sara L. Ellis on 11/14/2016. Mailed notice. (kp, )
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Legal Document (Payment Possibly Required) 32 Filed: 11/2/2016, Entered: 11/2/2016
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 11/2/2016. Defendant appears. Status hearing set for 11/9/2016 at 9:30 AM. Attorney Richard L. Steagall is given leave to appear by phone and should contact Courtroom Deputy to make arrangements prior to scheduled status hearing. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 31 Filed: 10/21/2016, Entered: 10/25/2016
LETTER from Pontiac Correctional Center dated 10/5/2016 regarding outstanding court ordered fees. (aee, )
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Blank  Filed: 9/23/2016, Entered: 9/23/2016
MAILED Copy of the order dated 9/21/2016 to EF08310 (mmy, )
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Legal Document (Payment Possibly Required) 30 Filed: 9/21/2016, Entered: 9/23/2016
ORDER: Plaintiff's counsel's motion for relief from appointment [26,28] is granted. Steven Joseph Rotunno's appearance is hereby withdrawn. Plaintiff's letter requesting a status update 29 is taken as a motion for status update. Given Plaintiff's counsel's request for relief from assignment, the Court will assign another attorney to represent Plaintiff.The Court recruits Richard L. Steagall, Nicoara & Steagall, 416 Main Street, #815, Peoria, IL 61602, (309)674-6085, Email: nicsteag@mtco.com. Next status date set is set for 11/2/16 at 9:30 AM with status date of 10/5/16 stricken. The clerk is directed to send Plaintiff a copy of this minute order. Signed by the Honorable Sara L. Ellis on 9/21/2016. Mailed notice (mmy, )
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Legal Document (Payment Possibly Required) 29 Filed: 9/16/2016, Entered: 9/20/2016
LETTER from EF08310 dated 09/12/16. (aee, )
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Legal Document (Payment Possibly Required) 28 Filed: 9/14/2016, Entered: 9/14/2016
MOTION by Plaintiff Walter Allen SpauldingAmended Motion to be Excused as Counsel for Plaintiff (Rotunno, Steven)
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Legal Document (Payment Possibly Required) 27 Filed: 9/14/2016, Entered: 9/14/2016
NOTICE of Motion by Steven Joseph Rotunno for presentment of motion for miscellaneous relief 26 before Honorable Sara L. Ellis on 9/21/2016 at 09:45 AM. (Rotunno, Steven)
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Legal Document (Payment Possibly Required) 26 Filed: 9/14/2016, Entered: 9/14/2016
MOTION by Plaintiff Walter Allen SpauldingMotion to be Excused as Counsel for Plaintiff (Rotunno, Steven)
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Legal Document (Payment Possibly Required) 25 Filed: 9/12/2016, Entered: 9/13/2016
ORDER: Plaintiff's motion for attorney representation 20 is granted. The Court requests that Steven Joseph Rotunno, Miller, Canfield, Paddock and Stone, 225 W. Washington Street, Suite 2600, Chicago, IL 60606, represent Plaintiff, as to this case only, in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.). Signed by the Honorable Sara L. Ellis on 9/12/2016. Mailed notice (mmy, )
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Legal Document (Payment Possibly Required) 24 Filed: 9/7/2016, Entered: 9/7/2016
MINUTE entry before the Honorable Sara L. Ellis: Status hearing set for 9/7/2016 is stricken and reset to 10/5/2016 at 09:30 AM. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 23 Filed: 9/6/2016, Entered: 9/7/2016
ORDER: Plaintiff's motion for attorney representation 20 is granted. The Court requests that Steven Joseph Rotunno, Miller, Canfield, Paddock and Stone, 225 W. Washington Street, Suite 2600, Chicago, IL 60606, represent Plaintiff, as to this case only, in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.). Signed by the Honorable Sara L. Ellis on 9/6/2016. Mailed notice (aee, )
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Legal Document (Payment Possibly Required) 21 Filed: 8/8/2016, Entered: 8/8/2016
MINUTE entry before the Honorable Sara L. Ellis: Defendant's Motion for Enlargement of Time 17 is granted. Defendant's responsive pleading is due by 8/29/16. Status hearing set for 8/9/16 is stricken and reset to 9/7/16 at 9:30 AM. Defendant is ordered to make Plaintiff available by telephone for status hearing.Mailed notice. (et, )
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Legal Document (Payment Possibly Required) 19 Filed: 7/29/2016, Entered: 7/29/2016 Court Filing
MINUTE entry before the Honorable Sara L. Ellis: Due to scheduling conflict of the Court, Motion Hearing regarding motion for extension of time to file answer 17 is reset for 8/9/2016 at 9:45 AM. Status hearing set for 8/3/2016 is stricken and reset to 8/9/2016 at 9:45 AM. Movant is reminded to check the Court's motion schedule and notice up motions pursuant to Judge Ellis' rules regarding motion practice. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 18 Filed: 7/26/2016, Entered: 7/26/2016
NOTICE of Motion by Adam Miel Zebelian for presentment of motion for extension of time to file answer 17 before Honorable Sara L. Ellis on 8/9/2016 at 08:30 AM. (Zebelian, Adam)
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Legal Document (Payment Possibly Required) 17 Filed: 7/26/2016, Entered: 7/26/2016
MOTION by Defendant Mr. BDDFEDC for extension of time to file answer (Zebelian, Adam)
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Legal Document (Payment Possibly Required) 16 Filed: 7/14/2016, Entered: 7/18/2016
DECLARATION of EF08310. (Exhibit). (jjr, )
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Legal Document (Payment Possibly Required) 15 Filed: 7/5/2016, Entered: 7/7/2016
STATUS Request by EF08310. Mailed copy of minute entry dated 6/30/2016 to EF08310. (Attachments: # 1 Envelope).(eaa, )
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Legal Document (Payment Possibly Required) 14 Filed: 6/30/2016, Entered: 6/30/2016
MINUTE entry before the Honorable Sara L. Ellis: Defendant's motion for enlargement of time is 11 granted. Defendant's responsive pleading is due by 7/26/16. Status hearing set for 7/13/16 is stricken and reset to 8/3/16 at 9:30 AM. Defendant is ordered to make Plaintiff available by telephone for status hearing. Mailed notice (rj, )
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Legal Document (Payment Possibly Required) 13 Filed: 6/24/2016, Entered: 6/24/2016
ATTORNEY Appearance for Defendant Mr. BDDFEDC by Anthony E. Zecchin (Zecchin, Anthony)
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Legal Document (Payment Possibly Required) 12 Filed: 6/24/2016, Entered: 6/24/2016
NOTICE of Motion by Adam Miel Zebelian for presentment of motion for extension of time to file answer 11 before Honorable Sara L. Ellis on 6/30/2016 at 01:30 PM. (Zebelian, Adam)
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Legal Document (Payment Possibly Required) 11 Filed: 6/24/2016, Entered: 6/24/2016
MOTION by Defendant Mr. BDDFEDC for extension of time to file answer (Zebelian, Adam)
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Legal Document (Payment Possibly Required) 10 Filed: 6/24/2016, Entered: 6/24/2016
ATTORNEY Appearance for Defendant Mr. BDDFEDC by Adam Miel Zebelian (Zebelian, Adam)
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Legal Document (Payment Possibly Required) 9 Filed: 6/6/2016, Entered: 6/7/2016
WAIVER OF SERVICE Returned Executed by US Marshals Service as to Mr. BDDFEDC on 6/3/2016, answer due 6/24/2016. (nsf, ) Modified on 6/14/2016 (nsf, ).
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Legal Document (Payment Possibly Required) 8 Filed: 6/6/2016, Entered: 6/7/2016
RETURN of Service of USM 285 by US Marshals Service returned unexecuted as to 6CEB895.(nsf, ) Modified on 6/14/2016 (nsf, ).
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Blank  Filed: 5/13/2016, Entered: 5/13/2016
MAILED Copy of Order dated 05/09/2016, two blank USM-285 service forms, a magistrate judge consent form, filing instructions to Plaintiff. (aee, )
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Blank  Filed: 5/13/2016, Entered: 5/13/2016
MAILED Copy of Order dated 05/09/2016 to the trust fund officer at the Pontiac Correctional Center. (aee, )
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Blank  Filed: 5/13/2016, Entered: 5/13/2016
SUMMONS Issued, copy of the complaint and certified copy of order dated 05/09/2016 to the U.S. Marshal's Office for service as to defendants 6CEB895, Mr. BDDFEDC via email. (aee, )
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Legal Document (Payment Possibly Required) 6 Filed: 5/9/2016, Entered: 5/13/2016
COMPLAINT filed by EF08310 (Exhibits). (aee, )
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Legal Document (Payment Possibly Required) 5 Filed: 5/9/2016, Entered: 5/13/2016
ORDER: Plaintiff's application for leave to proceed in forma pauperis 3 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $49.00 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this Order. The Clerk of Court shall send a copy of this Order to the trust fund officer at the Pontiac Correctional Center. The Court further directs the Clerk of Court to: (1) file Plaintiff's complaint 1 ; (2) dismiss and terminate Defendants Cook County Sheriff's Department and Cook County Jail; (3) amend the caption to make 6CEB895 the lead Defendant; (4) issue summonses for service on Defendants 6CEB895 and Mr. BDDFEDC by the U.S. Marshal; and (5) send Plaintiff two blank USM-285 service forms, a magistrate judge consent form, filing instructions, and a copy of this Order. The Court advises Plaintiff that a completed USM-285 (service) form is required for each named Defendant. The U.S. Marshal will not attempt service on a Defendant unless and until the required forms are received. The U.S. Marshal is appointed to serve the Defendants 6CEB895 and Mr. BDDFEDC. Plaintiff's motion for attorney representation 4 is denied without prejudice to renewal later in this case. A status hearing is set for July 13, 2016 at 9:30 AM. Signed by the Honorable Sara L. Ellis on 5/9/2016. Mailed notice (aee, )
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Legal Document (Payment Possibly Required) 4 Filed: 1/22/2016, Entered: 1/26/2016
MOTION by Plaintiff EF08310 for attorney representation. (aee, )
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Legal Document (Payment Possibly Required) 3 Filed: 1/22/2016, Entered: 1/26/2016
APPLICATION by Plaintiff EF08310 for leave to proceed in forma pauperis (Exhibits). (aee, )
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Legal Document (Payment Possibly Required) 2 Filed: 1/22/2016, Entered: 1/26/2016
CIVIL Cover Sheet (aee, )
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Legal Document (Payment Possibly Required) 1 Filed: 1/22/2016, Entered: 1/26/2016
RECEIVED Complaint and one copy by EF08310 (Exhibits). (aee, ) (Additional attachment(s) added on 1/26/2016: # 1 Envelope) (aee, ).
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