McLean v. Successware, Inc.
Filing
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ORDER AND OPINION entered by Chief Judge James E. Shadid on 1/17/2017. For the reasons stated above, Plaintiff's Motion 2 is GRANTED. The Clerk of Court is directed to file the Complaint and prepare the documentation for service of the Complaint by the U.S. Marshal's Office. See full written Order.(VH, ilcd)
E-FILED
Tuesday, 17 January, 2017 11:54:29 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SAMANTHA MCLEAN,
Plaintiff,
v.
SUCCESSWARE INC.,
Defendants.
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Case No. 16-1502
ORDER AND OPINION
This matter is now before the Court on Plaintiff’s Motion [2] for Leave to Proceed in
forma pauperis. For the reasons set forth below, Plaintiff’s Motion [2] is GRANTED.
DISCUSSION
When confronted with a motion for leave to proceed in forma pauperis, the Court must
make two determinations. First, the Court must determine whether the plaintiff is truly unable to
pay the filing fee associated with the case. Second, the Court must determine whether the
Complaint is frivolous or malicious. In her Motion, Plaintiff McLean states that she receives
Social Security Disability Insurance benefits for her and her dependent(s) in the amount of $2000
per month. Plaintiff further states that she does not have any cash or funds in a checking or
savings account, and that her monthly expenses total approximately $1900, and she has two
daughters and a grandson dependent on her for support. Given this information, the Court finds
Plaintiff has satisfied the financial requirements to proceed in forma pauperis.
Plaintiff’s Complaint alleges that Defendant Successware discriminated against Plaintiff
on the basis of her sex on or around November 20, 2013. Specifically, Plaintiff alleges that she
was sexually harassed and was denied a bonus given to other employees before she was
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terminated a week later. Plaintiff filed a charge before the United States Equal Employment
Opportunity Commission and she received a Right to Sue Notice dated September 26, 2016.
Accordingly, the Court finds that Plaintiff’s Complaint is not frivolous or malicious and grants
her Motion for Leave to Proceed in forma pauperis. This case will be consolidated with
Plaintiff’s related lawsuit, McLean v. Troublefree Heating & Cooling, Inc., No. 16-1501 (C.D. Ill.
Dec. 30, 2016), for purposes of discovery and pretrial proceedings.
CONCLUSION
For the reasons stated above, Plaintiff’s Motion [2] is GRANTED. The Clerk of Court is
directed to file the Complaint and prepare the documentation for service of the Complaint by the
U.S. Marshal’s Office.
Signed on this 17th day of January, 2017.
s/ James E. Shadid
James E. Shadid
Chief United States District Judge
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