Baird v. Godinez et al

Filing 122

ORDER GRANTING IN PART 120 MOTION for Extension of Time to File Motion for Summary Judgment on the Issue of Exhaustion filed by Defendants. ( Dispositive Motions re Exhaustion of Administrative Remedies due by 3/21/2016.). Set/Reset Dead lines as 111 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies. (Responses due by 3/25/2016). Show cause discharged re 121 Response filed by Willis Baird. Signed by Magistrate Judge Donald G. Wilkerson on 3/15/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIS BAIRD,
Plaintiff,
v.
SALVADORE GODINEZ, et al.,
Defendants.

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Case No. 3:14-cv-902-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
On January 20, 2016, this Court set a telephonic status conference to occur on February 10,
2016 (Doc. 110). Plaintiff failed to appear at the conference and an Order to Show Cause was
issued on February 12, 2016 (Doc. 118). Plaintiff responded on March 1, 2016, four days after
the deadline (Doc. 121). Plaintiff states that he is involved in a number of active cases and that he
did not know that the Court had scheduled the status conference. He further indicates that he is
actively pursuing this lawsuit and that other matters (including his job and an ailing parent) have
taken up a great deal of his time. The Court finds that Plaintiff has shown cause for failing to
appear at the status conference and it is discharged.
Plaintiff is nonetheless WARNED that notwithstanding the other matters that take up his
time, he must appear for conferences and hearings that are set by the Court. While the Court will
entertain motions for extension of time or motions to reset hearings, Plaintiff will not be excused
from attending merely because he is busy. The February 10, 2016 status conference was set in
this Court’s Scheduling Order which in turn sets forth other hearings and deadlines. In light of
Plaintiff’s representation that he was not aware of the hearing, the Clerk of Court is DIRECTED
to resend that Scheduling Order to Plaintiff, along with a copy of this Order (Doc. 110).
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Plaintiff also is informed that Defendants Linda Cusick, Mrs. Neal, and Mrs. Wagner filed
a Motion for Summary Judgment on January 28, 2016 (Doc. 111). Plaintiff’s response was due
by March 3, 2016; however, no such response has been filed. Plaintiff is sua sponte GRANTED
until March 25, 2016 to file a response.

Failure to do so may result in a Report and

Recommendation that the Motion be GRANTED.
Finally, Defendant’s Motion for Extension of Time to file a Motion for Summary
Judgment is GRANTED IN PART (Doc. 120). Defendants request until March 20, 2016, which
is a Sunday. Defendants are granted until March 21, 2016 to file their Motion. Again, Plaintiff
is reminded that he must respond to the motion within 30 days of service.
IT IS SO ORDERED.
DATED: March 15, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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