Ickes v. Patterson et al

Filing 33

ORDER GRANTING 29 MOTION for Leave to File Amended Complaint filed by Kevin Ickes, 30 MOTION for Extension of Time to File Answer (in light of 29 Motion to Amend) filed by Robin Bryson, Marla Patterson. See order for specifics. Telephonic Status Conference set for 8/29/2013 at 02:00 PM before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 7/12/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEVIN ICKES,
Plaintiff,
v.
MARLA PATTERSON, et al.,
Defendants.

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Case No. 3:12-cv-1087-GPM-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion for Leave to File Amended Complaint filed
by Plaintiff, Kevin Ickes, on July 8, 2013 (Doc. 29) and the Motion for Extension to Time to File
Answer filed by Defendants, Robin Bryson and Marla Patterson, on July 8, 2013 (Doc. 30). Both
Motions are GRANTED.
Plaintiff, who is represented by counsel, seeks to amend his complaint in order to assert
new claims against Defendants and to re-plead claims against a Defendant (Tolson) who was
dismissed on February 27, 2013. Pursuant to Federal Rule of Civil Procedure 15, the Motion is
GRANTED and Plaintiff shall file his amended complaint within 3 days of the date of this Order.
Upon filing of the amended complaint, the Clerk of Court shall prepare for Defendant LT.
B. TOLSON: (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 amended complaint, and this Memorandum and Order to the Defendant’s place of
employment, the USP Marion. If Defendant Tolson fails to sign and return the Waiver 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 Lt. Tolson, and the Court will require that
Lt. Tolson pay the full costs of formal service, to the extent authorized by the Federal Rules of
Civil Procedure.
If Lt. Tolson no longer can be found at the USP Marion, 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.
Defendants Bryson and Patterson shall file their Answer or responsive pleading to the
amended complaint within 14 days of service of the amended complaint.
With respect to the unknown party, Plaintiff shall provide Defendants information that
would describe the unknown party (i.e. work shift, height, weight, race, gender, dates of
interaction with Plaintiff, locations, etc.) and Defendants are hereby ORDERED to make a
reasonable attempt to determine the identity of the unknown party in light of the allegations made
in the amended complaint and information supplied by Plaintiff.
This matter is SET for a telephonic status conference on August 29, 2013 at 2:00 p.m.
Defendants to initiate the conference call. The parties should be prepared to discuss efforts to
locate the unknown party, service with respect to Tolson, and the schedule in this matter.
IT IS SO ORDERED.
DATED: July 12, 2013
DONALD G. WILKERSON
United States Magistrate Judge