Beasley v. Bednarz et al

Filing 10

OPINION entered by Judge Sue E. Myerscough on 08/03/2012. SEE WRITTEN OPINION. Status conference set for August 13, 2012, cancelled. Plaintiff's 9 Motion to Appoint Counsel DENIED, with leave to renew. Deadlines and Hearings Set: Defenda nt's Answers due 8/14/2012, Initial Disclosure due by 10/12/2012, Plaintiff's Expert Disclosure due by 11/1/2012, Defendant's Expert Disclosure due by 12/3/2012, Discovery due by 4/1/2013, Dispositive Motions due by 5/1/2013, Final Pretrial Conference set for 12/2/2013 at 1:30 PM in Courtroom 1 in Springfield before Judge Sue E. Myerscough, Jury Trial set for 1/7/2014 at 9:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. (DM, ilcd)

E-FILED

Friday, 03 August, 2012 11:55:27 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
OTIS BEASLEY,

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Plaintiff,
v.

FORREST ASHBY, et al.,
Defendants.

12-CV-3022

OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se and detained in the Rushville Treatment
and Detention Center, pursues claims arising from deliberate indifference
to his diabetes. This case is set for a conference on August 13, 2012, but
the conference will be cancelled as unnecessary. All Defendants have
been served, and there are no pending issues to discuss. IT IS
THEREFORE ORDERED:
1) The status conference set for August 13, 2012, is cancelled. The
clerk is directed to notify Plaintiff’s prison of the cancellation.

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2) The parties are reminded of their option to consent to proceed
before a U.S. Magistrate Judge. (See attached form).
3) Defendants’ Answers are due August 14, 2012.
4) By October 12, 2012, the parties shall provide to each other the
initial disclosures described in Fed. R. Civ. P. 26(a)(1)(i)-(ii).
5) Plaintiff shall disclose expert witnesses and expert testimony
pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by November 1,
2012.
6) Defendants shall disclose expert witnesses and expert testimony
pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by December 3,
2012.
7) Discovery closes April 1, 2013.
8) Dispositive motions are due May 1, 2013.
9) Plaintiff's detention limits him to written discovery. Written
discovery must be served on a party at least 30 days before the discovery
deadline. Discovery requests and responses are not filed with the court,
unless there is a dispute regarding such discovery. See CDIL-LR 26.3.

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Motions to compel discovery must be accompanied by the relevant
portions of the discovery request and the response. Additionally, except
for good cause shown, motions to compel must be filed within 14 days of
receiving an unsatisfactory response to a timely discovery request.
10) A final pretrial conference is scheduled for December 2, 2013,
at 1:30 p.m.. Defendants’ counsel shall appear in person. Plaintiff shall
appear by video. The parties are directed to submit an agreed, proposed
final pretrial order at least 14 days before the final pretrial conference.
11) The jury trial is scheduled on the Court’s trailing trial calendar
for January 7, 2014, at 9:00 a.m. before this Court in Springfield, Illinois.
The actual date for jury selection and jury trial will be finalized at the
final pretrial conference.
12) Plaintiff’s motion for counsel is denied (d/e 9), with leave to
renew. The Court cannot require an attorney to accept pro bono
appointment on a civil case such as this. Pruitt v. Mote, 503 F.3d 647,
653 (7th Cir. 2007). Based on a review of Plaintiff’s filings, the Court
concludes at this point that Plaintiff appears competent to proceed pro

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se, given the nature of his claims. Id. at 654-55 (7th Cir. 2007)(“[G]iven
the difficulty of the case, does the plaintiff appear competent to litigate it
himself?"). Plaintiff has personal knowledge of many of the relevant
events and should be able to obtain medical records corroborating his
medical condition and the treatment that he was receiving. Plaintiff’s
filings thus far have effectively communicated the factual basis for his
claims, though he does not appear to have any prior experience litigating
in federal court. Plaintiff may renew his motion upon attaching
documents showing the grade level at which he is performing (if he has
any documentation) and documentation regarding his mental disorders.

ENTERED: August 3, 2012
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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