Gillum v. Watson et al

Filing 14

IT IS ORDERED that COUNT 3 shall proceed in a new case: Gillum v. Aramark Food Services, Inc., and Director Robinson-Davis. See attached order for details. Signed by Judge J. Phil Gilbert on 7/16/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORTEZ D. GILLUM,
Plaintiff,
vs.
THOMAS T. TRICE, et al.,
Defendants.

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Case No. 14-cv-00546-JPG-PMF

ORDER
GILBERT, District Judge:
By order dated July 1, 2014 [8], Count 3 of the complaint in this case was severed and
Plaintiff was directed to inform the Court if he desired to proceed with that claim in a new action
and pay the corresponding filing fee. Plaintiff has now confirmed that he desires to proceed with
Count 3, and he submitted a motion for leave to proceed in forma pauperis.
IT IS THEREFORE ORDERED that COUNT 3 shall proceed in a new case: Gillum v.
Aramark Food Services, Inc., and Director Robinson-Davis, presenting the following claim:
Food Service Director Robinson-Davis and Aramark Food Services, Inc., failed to
ensure that the food preparation and the food served to Plaintiff was sanitary, in
violation of the Eighth Amendment.
In the new case, the Clerk shall file a copy of this order, copies of Docs. 1 and 8, and
Plaintiff’s new motion for leave to proceed in forma pauperis.
The Clerk of Court shall prepare for Defendants Aramark Food Services, Inc., and
Director Robinson-Davis: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a
Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail
these forms, a copy of the complaint, and this Memorandum and Order to each Defendant’s
place of employment as identified by Plaintiff. If a Defendant fails to sign and return the Waiver
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of Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were sent,
the Clerk shall take appropriate steps to effect formal service on that Defendant, and the Court
will require that Defendant to pay the full costs of formal service, to the extent authorized by the
Federal Rules of Civil Procedure.
With respect to a Defendant who no longer can be found at the work address provided by
Plaintiff, the employer shall furnish the Clerk with the Defendant’s current work address, or, if
not known, the Defendant’s last-known address. This information shall be used only for sending
the forms as directed above or for formally effecting service. Any documentation of the address
shall be retained only by the Clerk. Address information shall not be maintained in the court file
or disclosed by the Clerk.
Plaintiff shall serve upon Defendants (or upon defense counsel once an appearance is
entered), a copy of every pleading or other document submitted for consideration by the Court.
Plaintiff shall include with the original paper to be filed a certificate stating the date on which a
true and correct copy of the document was served on Defendants or counsel. Any paper received
by a district judge or magistrate judge that has not been filed with the Clerk or that fails to
include a certificate of service will be disregarded by the Court.
Defendants are ORDERED to timely file an appropriate responsive pleading to the
complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g).
Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to United States Magistrate
Judge Philip M. Frazier or further pre-trial proceedings.
Further, this entire matter shall be REFERRED to a United States Magistrate for
disposition, pursuant to Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), if all parties consent to
such a referral.

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If judgment is rendered against Plaintiff, and the judgment includes the payment of costs
under Section 1915, Plaintiff will be required to pay the full amount of the costs, notwithstanding
that his application to proceed in forma pauperis may have been granted. See 28 U.S.C. §
1915(f)(2)(A).
Plaintiff is ADVISED that at the time application was made under 28 U.S.C. § 1915 for
leave to commence this civil action without being required to prepay fees and costs or give
security for the same, the applicant and his or her attorney were deemed to have entered into a
stipulation that the recovery, if any, secured in the action shall be paid to the Clerk of the Court,
who shall pay therefrom all unpaid costs taxed against plaintiff and remit the balance to Plaintiff.
Local Rule 3.1(c)(1).
Finally, Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk
of Court and each opposing party informed of any change in his address; the Court will not
independently investigate his whereabouts. This shall be done in writing and not later than 7 days
after a transfer or other change in address occurs. Failure to comply with this order will cause a
delay in the transmission of court documents and may result in dismissal of this action for want
of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: July 16, 2014
s/ J. Phil Gilbert
United States District Judge

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