Smith v. Phoenix Seating Systems, LLC

Filing 23

ORDER regarding Status Conference held on May 20, 2014.Signed by Magistrate Judge Donald G. Wilkerson on 5/28/2014. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VIRGIL SMITH, and ADAM SMITH,
through his legal guardian VIRGIL SMITH,
Plaintiffs,
v.
PHOENIX SEATING SYSTEMS, LLC,

)
)
)
)
)
)
)
)
)

Case No. 3:13-cv-1323-DRH-DGW

Defendant.
ORDER
WILKERSON, Magistrate Judge:
A status hearing was held in this matter before the undersigned on May 20, 2014.
Attorneys for Plaintiffs have withdrawn as counsel. Accordingly, Plaintiff Virgil Smith notified
the Court that he is attempting to obtain new counsel for representation in this matter. Plaintiff
Virgil Smith has until June 13, 2014 to obtain new counsel, after which he must proceed in this
matter pro se. Plaintiff Virgil Smith was provided with a pro se litigants handbook.
Although Plaintiff Virgil Smith may proceed pro se in this matter, Plaintiff Adam Smith
must obtain new counsel by June 13, 2014. Plaintiff Adam Smith’s claim has been brought
through his legal guardian and father, Virgil Smith. The withdrawal of Plaintiffs’ counsel in this
matter has, in effect, resulted in Virgil Smith representing Adam Smith pro se. Illinois statute
proscribes one not authorized to practice law from representing another in a court of law. 705
ILCS 205/1. Illinois takes the view that allowing pro se litigants to represent minors “undermines
the full protection of the minors’ legal rights.” Blue v. People, 585 N.E.2d 625, 626 (Ill. App. Ct.
1992). As such, an individual who is not authorized to practice law may litigate claims on his
own behalf, but may not represent a minor in a court of record. Id. In this matter, as Plaintiff
Page 1 of 3

Virgil Smith is not authorized to practice law and is merely the legal guardian of his son Adam
Smith, Plaintiff Virgil Smith may not represent Adam Smith in this matter pro se.
The presumptive trial month for this matter is July, 2015. The following scheduling and
discovery plans were agreed to as follows:
1. Initial interrogatories and requests to produce, pursuant to Federal Rules of Civil
Procedure 33 and 34 shall be served on opposing parties by June 13, 2014.
2. Plaintiff’s deposition shall be taken by October 1, 2014.
3. Defendant’s deposition shall be taken by October 1, 2014.
4. Motions to amend the pleadings, including the commencement of a third party action,
shall be filed by October 1, 2014.
5. Expert witnesses shall be disclosed, along with a written report prepared and signed by
the witness pursuant to Federal Rule of Civil Procedure 26(a)(2), as follows:
a. Plaintiff’s expert(s): October 1, 2014
b. Defendant’s expert(s): December 1, 2014
c. Third Party expert(s): February 1, 2015
6. Depositions of expert witnesses must be taken by:
a. Plaintiff’s expert(s): November 1, 2014
b. Defendant’s expert(s): January 1, 2015
c. Third Party expert(s): March 1, 2015
7. Discovery shall be completed by March 1, 2015
8. All dispositive motions shall be filed by March 15, 2015
9. A settlement conference is set before Magistrate Judge Donald G. Wilkerson in

Page 2 of 3

accordance with SDIL-LR 16.3(b) on March 9, 2015 at 9:00 am in the East St. Louis
Federal Courthouse.
IT IS SO ORDERED.
DATED: May 28, 2014

DONALD G. WILKERSON
United States Magistrate Judge

Page 3 of 3