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442 Civil Rights: Jobs | Illinois Northern
Motion
MOTION by Defendant Chicago Transit Authority for leave to file Unopposed Motion For Leave to File Notice of Supplemental Authority
Order
ORDER: Plaintiff's motion to vacate dismissal 14 is granted. Plaintiff indicates thatshe submitted her application to proceed in forma pauperis on 9/23/2026, but it wasnot processed on the case docket until 9/24/2026. Federal Rule of Civil Procedure 60(b)allows the Court to set aside final judgment because of excusable neglect. Fed. R. Civ.P. 60(b)(1). The Court evaluates all relevant circumstances to determine whether themissed deadline is due to excusable neglect, including the length of delay and itsimpact on judicial proceedings, the reason for delay, whether it was within Plaintiff'scontrol, and whether Plaintiff acted in good faith. Robb v. Norfolk & Western Ry. Co.,122 F.3d 354, 359 (7th Cir. 1991). Here, Plaintiff missed the deadline because of adelay between uploading a submission to the pro se portal and entry on the casedocket. This was beyond her control. Further, the one-day delay has no impact on theCourt's proceedings, and it is clear that Plaintiff acted in good faith. For thesereasons, the Court grants her motion to vacate the dismissal. The Court has reviewed Plaintiff's application to proceed in forma pauperisand concludes that she lacks the financial resources to pay the fees and costsassociated with this action. Motion for leave to proceed in forma pauperis 12 isgranted. The Court has reviewed Plaintiff's Complaint 1 pursuant to 28 U.S.C.1915(e)(2)(B). Upon review, Plaintiff has alleged her employer discriminated againsther based on pregnancy by failing to accommodate her requests to avoid industrial-grade chemicals and her requests for breastfeeding accommodations, and that heremployer retaliated against her by withholding her pay, issuing a disciplinaryinfraction, and eventually terminating her employment. At the screening phase, andwithout prejudice to any future motion brought by any defendant, she has sufficientlyalleged claims under Title VII of the Civil Rights Act and the Americans withDisabilities Act when liberally construing her Complaint and in light of her pro sestatus. The Clerk is directed to file Plaintiff's Complaint and issue summonsfor service of the complaint on Defendant. The United States Marshals Serviceis appointed to serve Defendant. The Court advises the Plaintiff that a completedUSM-285 (Marshals service) form is required for service on the Defendant. TheClerk is directed to provide a USM-285 form to Plaintiff along with a copyof this order. The Marshal will not attempt service on Defendant unless and untilthe required form is received. Therefore, Plaintiff must complete a service form foreach defendant and return the form to the Clerk of Court. Pro se litigants have anopportunity to receive free, virtual legal assistance through The Honorable WilliamJ. Hibbler Pro Se Assistance Program. The assistance program is staffed by volunteerattorneys with experience in federal court and administered by Uptown People's LawCenter (UPLC). The Program attorneys operate only by virtual or telephoneappointment. Appointments are made online at https://hibbler-memorial-pro-se-assistance-program.appointlet.com. For further questions, please contacthibbler@uplcchicago.org or call 773-250-0359. An initial status hearing is set for January 20, 2027, at 9:15 a.m. by telephone. By January 13, 2027, theparties shall confer and file a joint initial status report. A template for the JointInitial Status Report can be found on the Court's web page. If Defendant has notbeen served by the initial status date, Plaintiff is to contact the Courtroom Deputyto reschedule the status hearing and the date for filing an initial status report.In some cases, the scheduled initial status hearing may take place before adefendant has responded to the plaintiff's complaint. The Court expects alldefendants who have been served with process to participate in the schedulingconference even if they have not yet responded to the complaint. The call-innumber is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of recordmay not use speakerphones during the status hearing. Members of the public andmedia will be able to call in to listen to this hearing but will be placed on mute.Persons granted remote access to proceedings are reminded of the generalprohibition against photographing, recording, and rebroadcasting of courtproceedings.SO ORDERED. Signed by the Honorable Sunil R. Harjani on 10/1/2026. Mailed USM 285 form to plaintiff.(nsf, ) (Entered: 10/01/2026)
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