Gevas v. Shearing et al

Filing 372

ORDER re 371 Status Conference: Additional Status Conference set for 4/25/2017 at 3:30 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 2/22/17. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAVID GEVAS,
Plaintiff,
v.
DR. ROBERT SHEARING, et al.,
Defendants.

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

ORDER
WILKERSON, Magistrate Judge:
On February 22, 2017, a telephonic status conference was held in order to determine when
this matter can be tried to a jury. Plaintiff, who requested that his appointed counsel withdraw her
appearance and who is currently proceeding pro se (Doc. 365), represented to the Court that he has
stage 4 cancer for which he has undergone chemotherapy and which appears to be in partial
remission. He is currently in a wheelchair and suffers from various physical problems that
include damaged bones, pain, and limited mobility. Plaintiff further represents that while his
cancer may be deemed in partial or borderline remission, he will be assessed further and may have
to undergo another round of chemotherapy. When asked whether he will be able to appear for
trial, Plaintiff noted that he is not familiar with how to try a case and that he is unsure what his
medical condition will be in the future. The Court informed Plaintiff that counsel will not be
appointed in this matter. It appears from all the filings in this matter, in addition to the Court’s
review of Plaintiff’s filings in other cases, that he is more than capable of litigating this matter
without an attorney.
However, it also appears to the Court that Plaintiff is not currently physically able to
participate in trial in this matter, with or without an attorney. As such, this matter is set for an in
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person status conference on April 25, 2017 at 3:30 p.m. Defendants to appear by counsel and
Plaintiff to appear by video-conference. At that point, Plaintiff should be prepared to discuss his
physical ability to travel to the Federal Courthouse in East St. Louis, Illinois to participate in trial,
which is anticipated to last from 2 to 3 days.
Counsel for the Wexford Defendants represented to the Court that Plaintiff will be
participating in a settlement conference this Friday on a number of cases that he has filed in the
Northern District of Illinois against Wexford and its employees. Plaintiff appears to have 4 cases
pending in that district in addition to one appeal before the 7th Circuit and this matter. If the
parties settle the cases in the Northern District and elect to include this matter in a global
settlement agreement, they shall contact the Court forthwith.
DATED: February 22, 2017

DONALD G. WILKERSON
United States Magistrate Judge

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