Widmer v. Kempfer et al

Filing 84

ORDER GRANTING IN PART 82 MOTION to Stay MOTION Set Status filed by Michael Widmer, DENYING WITHOUT PREJUDICE 83 MOTION for Sanctions filed by C/O Davis, J Kempfer, Shurtz, C/O Lindberg. IN PERSON Status Conference set for 2/18/2015 at 2:00 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 12/11/14. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL WIDMER,
Plaintiff,
v.
J. KEMPFER, et al.,
Defendants.

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Case No. 3:13-cv-1131-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
This matter is before the Court on the Motion to Stay and Set Status filed by Plaintiff,
Michael Widmer, on December 3, 2014 (Doc. 82) and the Motion for Sanctions filed by
Defendants on December 10, 2014 (Doc. 83). The Motion to Stay and Set Status is GRANTED
IN PART and the Motion for Sanctions is DENIED WITHOUT PREJUDICE.
Plaintiff has indicated that he will be released from prison on December 26, 2014, that his
materials have been confiscated, and that he requires a status conference prior to his release. In
light of Plaintiff’s anticipated release, this matter is SET for an in person status conference on
February 18, 2015 at 2:00p.m. before the undersigned in the Federal Courthouse located in East
St. Louis, Illinois. The parties shall discuss the status of this matter and any issues that should be
resolved prior to trial in this matter (including any outstanding discovery matter). Plaintiff is
WARNED that the failure to attend the status conference SHALL result in a recommendation that
this matter be dismissed for failure to prosecute.
Defendants have informed the Court that Plaintiff has failed to respond to outstanding
discovery requests by the deadline of November 20, 2014 (Doc. 81). They seek the sanction of
dismissal in light of this Court’s warning that such a sanction may result if Plaintiff fails to comply
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with the discovery process. While it is clear that Plaintiff not only has failed to respond to the
discovery requests but also has failed to comply with an Order of this Court, dismissal will not be
recommended at this point. As noted above, Plaintiff has indicated that he will be released from
prison and this matter is set for a status conference. Plaintiff is accordingly GRANTED until
January 16, 2014 to respond to the outstanding discovery requests. Plaintiff is again WARNED
that the failure to provide responses by this new deadline SHALL result in a recommendation that
this matter be dismissed for failure to prosecute and obey the Orders of the Court.
IT IS SO ORDERED.
DATED: December 11, 2014

DONALD G. WILKERSON
United States Magistrate Judge

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