Daugherty v. Godinez et al

Filing 63

AMENDED SCHEDULING ORDER: Discovery due by 8/12/2016, Dispositive Motions due by 9/9/2016. Telephonic Status Conference set for 5/12/2016 at 2:00 PM before Magistrate Judge Donald G. Wilkerson; Telephonic Pretrial Conference set for 12/1/2016 at 3: 00 PM before Magistrate Judge Donald G. Wilkerson, Final Pretrial Conference set for 12/13/2016 at 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel, Jury Trial set for 1/24/2017 at 9:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Signed by Magistrate Judge Donald G. Wilkerson on 2/19/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNETH JAMES DAUGHERTY,

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Plaintiffs,
v.
RICHARD HARRINGTON and KEVIN B.
PAGE,

Case No. 3:14-cv-876-NJR-DGW

Defendants.
AMENDED 42 U.S.C. § 1983 SCHEDULING ORDER
WILKERSON, Magistrate Judge:
The parties are reminded that they may, pursuant to Federal Rule of Civil Procedure 29,
modify discovery dates occurring prior to the close of discovery, by agreement, without the
Court's involvement, provided that neither the discovery cutoff and dispositive motion deadlines
nor the settlement conference date are affected.
Depositions upon oral examination, interrogatories, request for documents, and answers
and responses thereto shall not be filed unless on order of the Court.
Disclosures or discovery under Rule 26(a) of the Federal Rules of Civil Procedure are to
be filed with the Court only to the extent required by the final pretrial order, other order of the
Court, or if a dispute arises over the disclosure or discovery.
In the interest of reducing delay and expense, it is ORDERED that discovery disputes that
cannot be resolved through informal means pursuant to Federal Rule of Civil Procedure 37 shall be
set for an informal telephonic discovery dispute conference.

The party with the discovery dispute

shall contact chambers to set up the teleconference and shall be responsible for initiating the
conference call. The Court’s teleconference number is [phone]. Written motions to compel
or legal memoranda will not be accepted unless specifically requested by the Court. The parties are

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directed to this court’s webpage, http://www.ilsd.uscourts.gov/Judges/Wilkerson.aspx, for additional
information and specific procedures regarding discovery disputes. Consult this Court’s webpage
BEFORE contacting chambers with questions.

I.

Initial Disclosures and Pretrial Filings
The Court assumes that the parties have exchanged initial disclosures and any
other discovery that may have been produced in this case prior to the recruitment
of counsel for Plaintiff.

To the extent that such documents have not been

produced, they shall be produced by February 29, 2016.
Motions to amend the pleadings, if any, shall be filed by March 4, 2016.
II.

Discovery
A.

Any interrogatories, requests for production of documents, or requests for
admissions shall be served so as to allow the answering party the full thirty-day
period provided by the Federal Rules of Civil Procedure in which to respond.

B.

Defendants are granted leave to depose Plaintiff pursuant to Rule 30(a)(2) by
March 18, 2016.

C.

Defendant’s deposition shall be taken by April 15, 2016.

D.

The parties are granted leave to depose other incarcerated person pursuant to Rule
30(a)(2) by agreement provided that the number does not exceed 2 each. If the
parties wish to depose more than 2 incarcerated persons, they shall seek leave of
Court.

E.

If the parties believe that expert discovery is necessary, they must file a motion by
April 18, 2016.

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F.

All discovery must be completed by August 12, 2016. Pursuant to Fed.R.Civ.P.
26(e), the parties are under an ongoing obligation to supplement the disclosures
and production in this case.

III.

Dispositive motions
All other dispositive motions shall be filed by September 9, 2016.

IV.

Trial Schedule
A.

Extensions of these deadlines will only be granted in the rarest of circumstances,
as the usual difficulties and delays associated with prisoner litigation have been
taken into account in setting the pretrial schedule.

B.

If the parties believe that a settlement conference would be beneficial, they should
contact chambers.

C.

A telephonic status conference is SET for May 12, 2016 at 2:00 p.m. before
United States Magistrate Judge Donald G. Wilkerson. Defendant to initiate the
conference all.

D.

A telephonic pretrial conference is SET for December 1, 2016 at 3:00 p.m.
before United States Magistrate Judge Donald G. Wilkerson.

Defendant to

initiate the conference call.
E.

A final pretrial conference is SET on December 13, 2016 at 1:30 p.m. before
United States District Judge Nancy J. Rosenstengel. Parties should consult Judge
Rosenstengel’s case management procedures, located on the Court’s webpage, for
instructions.

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F.

Trial is hereby set before District Judge Nancy J. Rosenstengel on January 24,
2017 at 9:00 a.m.

IT IS SO ORDERED
DATED: February 19, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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