Donelson v. Watson et al
Filing
137
OPINION entered by Judge Sue E Myerscough. The following motions are granted: d/e's 85 , 97 , 102 , 119 and 130 . The following motion is granted in part, d/e 127 . The following motions are denied: d/e's 78 ; 88 ; 95 ; 103 ; 105 ; 108 ; 112 ; 113 ; 114 ; 120 ; 122 ; 124 ; and 125 . Motions 89 , 123 and 126 are denied as moot. A Final Pretrial Conference is set for 1/6/2014 at 1:30 PM by video conference from Springfield (court to initiate conference) bef ore Judge Sue E. Myerscough., Jury Trial is set for 2/4/2014 at 9:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. (SEE WRITTEN ORDER FOR ALL DEADLINES SET IN THIS CASE). Entered by Judge Sue E. Myerscough on 9/26/2012. (MAS, ilcd)
E-FILED
Wednesday, 26 September, 2012 12:16:51 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
CHARLES DONELSON,
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Plaintiff,
v.
JIMMY WATSON, et al.,
Defendants.
12-CV-3086
OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se and currently incarcerated in Pontiac
Correctional Center, pursues claims arising from an incident which
occurred at Western Illinois Correctional Center on July 11, 2011 and
events subsequent thereto. Several motions are before the Court,
addressed in turn below.
IT IS ORDERED:
1) Plaintiff’s motion for leave to file an appeal in forma pauperis
challenging the denial of his motion for preliminary injunction is denied
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(d/e 78). The Court has reviewed Plaintiff’s reasons for his appeal (d/e
91) and cannot discern a good faith basis for the appeal. The Court is
still of the opinion that Plaintiff’s allegations are not sufficient to
establish a present danger of irreparable harm. Accordingly, the Court
certifies pursuant to 28 U.S.C. § 1915(a)(3) that Plaintiff’s petition to
appeal in forma pauperis is not in good faith. If Plaintiff wishes to
contest this Court's finding, he must renew his petition to proceed in
forma pauperis with the Court of Appeals within 30 days after service of
this order. See Fed.R.App.P. 24(a). The clerk is directed to send a copy
of this order to the Seventh Circuit Court of Appeals.
2) Plaintiff’s motion for an extension of time to file his brief in
support of his appeal is denied as unnecessary (d/e 95). Plaintiff’s brief is
already on file (d/e 91).
3) Plaintiff’s motion for leave to file a motion to preserve evidence
is granted (d/e 85). The clerk is directed to separately docket the motion
to preserve evidence which is now attached to docket entry 85.
Defendants are directed to respond to the motion to preserve evidence by
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October 12, 2012. Plaintiff is advised that he does not need to ask leave
to file motions.
4) Plaintiff’s request for a transcript is denied (de 87) to the extent
he seeks a transcript free of charge.
5) Plaintiff’s motion for entry of default against Defendants Davis,
Jackson, and Steele is denied (d/e 88).
6) Defendants’ motion to extend their time to answer Plaintiff’s
discovery requests is granted (d/e 130). The deadline is extended to
October 5, 2012. Defendants’ prior motion for an extension is denied as
moot (d/e 89).
7) Defendant Steele’s motion for a protective HIPAA order is
granted (d/e 97). The clerk is directed to enter the Court’s standard
HIPAA order.
8) Defendant Jackson’s motion for an extension to file an Answer is
granted (d/e 102). Defendant Jackson’s Answer is already on file (d/e
118).
9) Plaintiff’s motion for a status report is denied (d/e 103) because
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the Court does not understand the relief Plaintiff seeks. However, the
clerk is directed to send Plaintiff a copy of the docket sheet after the
entry of this order.
10) Plaintiff’s motion for an extension to file documents in support
of his appeal is denied (d/e 105). Plaintiff should file this motion with
the Seventh Circuit Court of Appeals.
11) Plaintiff’s motion to oppose Defendant Steele’s appearance is
denied (d/e 108).
12) Plaintiff’s motion to strike Defendants’ motions is denied (d/e
112). Defendants are not required to confer with Plaintiff before filing
their motions. Plaintiff seems to assert that he is not receiving mail from
the Defendants in a timely manner. A docket will be sent to Plaintiff so
that he may confirm his receipt of Defendants’ filings.
13) Plaintiff’s motions for admissions are denied (d/e’s 113, 114).
Plaintiff must send his request for admissions to Defendants’ counsel.
Discovery requests are not filed with the Court unless a dispute exists
about the discovery requested.
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14) Plaintiff’s motion for an extension to respond to discovery
requests is granted (d/e 119). Plaintiff’s deadline for responding is
extended to October 26, 2012. Plaintiff’s response must be sent to
Defendants’ counsel and not filed with the Court.
15) Plaintiff’s motion to communicate with inmate witnesses is
denied with leave to renew (d/e 120). Plaintiff must set forth the
expected testimony of the witnesses, his specific attempts to obtain
permission to correspond with these witnesses, and attach copies of any
responses received. Plaintiff must also set forth a list of questions that he
seeks to ask these inmates and explain the relevance of their testimony.
16) Plaintiff’s motion to remove Defendant Jennings as counsel for
Defendants is denied (d/e 122).
17) Plaintiff’s motions for a protective HIPAA order are denied as
moot (d/e’s 123, 126). The Court is entering its standard HIPAA order.
18) Plaintiff’s motion to subpoena nonparties Penny Ruiz and
Steve Ruiz is denied (d/e 124) to the extent Plaintiff asks this Court to
depose these persons for him. If Plaintiff seeks to ask these persons
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specific and relevant questions about his claims, he may file a motion
setting forth the questions, explaining how the questions are relevant to
his claim, and explaining how these persons have personal knowledge of
the relevant events.
19) Plaintiff’s motion for the issuance of subpoenas is denied with
leave to renew (d/e 125) upon explaining the specific information he
seeks and the relevance of that information to his claims. He must also
list the full name and address to be placed on the subpoena. ILCD-LR
45.1. Plaintiff is responsible for serving the subpoena and for otherwise
complying with Fed. R. Civ. P. 45.
20) Plaintiff’s motion for assistance in receiving documents is
granted in part (d/e 127). A docket will be sent to Plaintiff so that he
may confirm receipt of all court filings. Defendants are not required to
mark their mail to Plaintiff as legal mail because the mail is not
confidential. However, by October 8, 2012, Defendants are required to
send Plaintiff a list of the mail they have sent to him, along with the
dates sent. Plaintiff may use this list to confirm receipt of Defendants’
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mail thus far.
21) Attempts at service have been unsuccessful on the following
Defendants, due to identification problems: Correctional Officer Roberts,
Defendants Wildrop and Adams, and Nurse Davis. A separate order will
be entered regarding these Defendants. In order to keep the case moving,
deadlines will be set in this order.
21) By October 31, 2012, the parties shall provide to each other
the initial disclosures described in Fed. R. Civ. P. 26(a)(1)(i)-(ii).
22) Plaintiff shall disclose expert witnesses and expert testimony
pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by November 1,
2012.
23) Defendants shall disclose expert witnesses and expert testimony
pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by December 3,
2012.
24) Discovery closes May 31, 2013.
25) Dispositive motions are due June 28, 2013. A summary
judgment motion which relies on Plaintiff’s deposition or medical records
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must attach the complete copy of the deposition and the complete
medical records for the relevant time period. Summary judgment
motions should include affidavits from the parties based on their personal
knowledge.
26) Plaintiff's incarceration or 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. 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.
27) A final pretrial conference is scheduled for January 6, 2014, 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.
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28) The jury trial is scheduled on the Court’s trailing trial calendar
for February 4, 2014, at 9:00 a.m.. The actual date for jury selection and
jury trial will be finalized at the final pretrial conference.
ENTERED: September 26, 2012
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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