Gevas v. Shearing et al

Filing 247

ORDER re 231 Subpoenas filed by David C Gevas. Signed by Magistrate Judge Donald G. Wilkerson on 8/11/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
)
DR. ROBERT SHEARING, WEXFORD)
HEALTH SOURCES, INC., JEREMY)
BUTLER, RONALD SKIDMORE, NICKI)
MALLEY,
ASSISTANT
WARDEN)
KIMBERLY BUTLER, and WARDEN)
)
RICHARD HARRINGTON,
)
)
Defendants.
DAVID C. GEVAS,

Case No. 3:14-cv-134-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
On July 10, 2015, this matter was set for a telephonic status conference to discuss the
scheduling of three depositions that Plaintiff seeks to conduct. The status conference, however,
was deemed to be unnecessary in light of the lack of objection from Defendants as to the proposed
depositions (Doc. 246). Plaintiff has supplied the Court with subpoenas directed to Louis
Shicker,1 who works in Chicago, Illinois, Sarah Johnson, who works in Springfield, Illinois, and
Christi Rayburn, who works in Menard, Illinois. The Court understands that each of these
persons are either employed by or connected to the Illinois Department of Corrections. Plaintiff
also has retained the services of Keefe Reporting. The Court previously indicated that, in light of
Plaintiff’s incarceration, it would assist in providing facilities for the depositions. Plaintiff,
however, is not proceeding in forma pauperis in this action and the Court’s involvement is limited
to providing facilities for the depositions as a courtesy to Plaintiff, who is incarcerated.
After reviewing Plaintiffs proposed subpoenas (Doc. 231), the Court notes that Louis
1

The Court believes that this person’s true name is Louis Schicker.
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Schicker’s employer address is more than 100 miles from the East St. Louis Courthouse. A
subpoena will not issue as to Mr. Schicker.2 Fed.R.Civ.P 45(c)(1)(A). Both Ms. Johnson and
Ms. Rayburn are employed within 100 miles of the East St. Louis Courthouse. Plaintiff also has
indicated in each of the deposition notices that the witness must produce certain documents that are
bates stamped. Plaintiff is informed that these witnesses, notwithstanding their employment by
the Illinois Department of Corrections, are not parties to this suit and would not have access to
documents produced in this matter. The Court notes that Plaintiff also did not check the box
marked “testimony.” If Plaintiff wants the witnesses to review documents during a deposition, he
should provide a copy of the documents to the witnesses (and serve them upon Defendants) along
with the subpoena. Moreover, if he wants to depose these witnesses (as opposed to having them
merely supply documents), he should check the “testimony” box.
In light of the foregoing, the following is hereby ORDERED:
1. The Clerk of Court is DIRECTED to forward to Plaintiff two signed subpoenas to testify
at a deposition in a civil action along with a copy of this Order.
2. Plaintiff shall fill out the subpoenas consistent with the above findings as to Christi
Rayburn and Sarah Johnson. Plaintiff should be sure to provide the time and date
indicated below in the subpoenas.
3. Plaintiff may serve the subpoenas by certified mail with a return receipt. In serving the
subpoenas, Plaintiff should include any documents that he wants the witnesses to review
during the deposition. Plaintiff also should include a copy of this Order. Plaintiff is
informed that the address for the Menard Correctional Center is: 711 Kaskaskia Street,
Menard, Illinois 62259.
2

If Plaintiff seeks to depose Mr. Schiker, he must independently make arrangements to depose
him within the distance proved by the Federal Rules.
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4. Plaintiff must also tender, to the witnesses, a witness fee consistent with 28 U.S.C. §
1821(b) in the amount of $40.00. The Court assumes that the witnesses will travel by
personal car to the depositions; therefore, Plaintiff shall also tender a mileage fee of $0.575
per mile. Based on the Court’s calculation (and the address provided by Plaintiff), the
mileage for Sarah Johnson is $56.23 (99 miles times $0.575). The mileage for Christi
Rayburn is $33.35 (58 miles times $0.575). Plaintiff should tender these amounts to the
witnesses along with the subpoenas ($96.23 to Sarah Johnson and $73.35 to Christi
Rayburn).
5. The depositions shall occur at the Federal Courthouse in East St. Louis (750 Missouri Ave.,
East St. Louis, IL 62201) in the visiting Judge’s Courtroom, third floor, on September 24,
2015. Plaintiff shall appear by videoconference and the Court shall issue all writs
necessary for his appearance. All witnesses, stenographer, and attorneys shall appear in
person.

Plaintiff shall be responsible for the stenographer’s and his own prompt

appearance.
6. The depositions shall be no longer than 2 Hours each. Plaintiff’s examination shall be no
more than 1 hour. Plaintiff should formulate his questions accordingly. Defendants’
cross-examination shall be no more than a combined 45 minutes. Plaintiff’s re-cross shall
be no more than 10 minutes. Ms. Rayburn’s deposition shall being promptly at 10:00 a.m.
and Ms. Johnson’s deposition shall begin promptly at 1:30 p.m. on September 24, 2015.

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In summary: Plaintiff shall fill out subpoenas for Ms. Johnson and Ms. Rayburn. He may
serve the subpoenas by certified mail, with a return receipt. He should include, along with the
subpoenas, a copy of this Order, any documents he wants the witnesses to review during their
deposition, and the witness fee and mileage fee. He shall also FILE with the Court a copy of the
subpoenas and proof of mailing. Plaintiff should accomplish these tasks quickly in order to
provide sufficient notice to the witnesses.

IT IS SO ORDERED.
DATED: August 11, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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