Zoph v. Doe et al

Filing 37

ORDER: Pavey Evidentiary Hearing set for 10/15/2013 02:00 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 9/16/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEFFREY W. ZOPH,

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Plaintiff,
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v.
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JOHN DOES 1-10, JANE DOES 1-13, and )
MICHAEL P. ATCHISON,
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Defendants.
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Case No. 3:13-cv-30-GPM-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion for Summary Judgment on the issue of
exhaustion filed by Defendant, Michael P. Atchison, on August 30, 2013 (Doc. 33). Plaintiff’s
response to the Motion is due on October 3, 2013. In light of the arguments made, this matter is
set for a Pavey v. Conley, 663 F.3d 899 (7th Cir. 2011) hearing on October 15, 2013 at 2:00 p.m.
Defendant shall appear in person (by counsel) and Plaintiff shall appear by video-conference.
Plaintiff is WARNED that the failure to respond to the Motion my result in cancellation of the
hearing and a Report and Recommendation that judgment be granted in favor of Defendant
Atchison.
The Court also notes that there are a number of Defendants who have not been identified by
Plaintiff. It is imperative that Plaintiff provide some identification of these Defendants in order
for service of process to be effected. Plaintiff was advised by an Order dated February 7, 2013
(Doc. 12) that it was his duty to provide the name and service address of these Defendants. As of
the date of this Order, there have been no filings with respect to these John and Jane Doe
Defendants. Plaintiff is therefore ORDERED to either provide the name and service address of

these Defendants or provide the Court with enough identifying information so that service can be
accomplished. Plaintiff shall provide, as to EACH Doe Defendant, the dates/times/locations on
which he interacted with them, their title (i.e. nurse, lieutenant, etc.), a physical description
(height, weight, gender, skin color, etc.), and any other information that would aid in their
identification, in writing, by October 7, 2013. Plaintiff is WARNED that the failure to
provide such information shall result in a recommendation that these Defendants be
dismissed for want of prosecution.

IT IS SO ORDERED.
DATED: September 16, 2013

DONALD G. WILKERSON
United States Magistrate Judge

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