Bentz v. Atchinson et al

Filing 193

ORDER GRANTING IN PART AND DENYING IN PART 186 MOTION for Discovery filed by David Robert Bentz; GRANTING 191 MOTION to Continue Trial filed by David Robert Bentz; and GRANTING 192 MOTION for Extension of Time to File Final Pre-Tr ial Disclosures filed by Brian Kulich, William Reese, Chad Forsting, Justin Kempfer, Jesse Reid, Jerry Witthoft, Jeff Miller, Kent Brookman, Nicholas Bebout, Vicki Wood, James Mallory, Donald Lindenberg, Ryan Davis. The Scheduling Or der is AMENDED as follows: Discovery due by 7/27/2018. Final Pretrial Conference set for 10/17/2018 at 10:30 AM in the Benton Courthouse before Judge Staci M. Yandle. Jury Trial set for 10/29/2018 at 9:00 AM in the Benton Courthouse before Judge Staci M. Yandle. Signed by Magistrate Judge Reona J. Daly on 5/8/2018. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAVID ROBERT BENTZ,

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Plaintiff,
v.
WILLIAM REESE, et al.,
Defendants.

Case No. 3:14-cv-1132-SMY-RJD

ORDER
DALY, Magistrate Judge:
This matter is before the Court on Plaintiff’s Motion to Open Discovery (Doc. 186) and
Motion for Continuance of Trial (Doc. 191), and Defendants’ Motion for Extension of Time to File
Final Pre-Trial Disclosures (Doc. 192). For the reasons set forth below, Plaintiff’s Motion to
Open Discovery is GRANTED IN PART AND DENIED IN PART and the Motion for
Continuance and Extension are GRANTED.
Plaintiff seeks to reopen discovery on a limited basis to depose Defendants. Plaintiff also
asks for production of Defendants’ disciplinary records. Defendants object to the production of
their disciplinary records, citing confidentiality provisions in the Illinois Administrative Code.
Defendants further contend that their disciplinary records are not relevant to the claims in this
lawsuit. With regard to Plaintiff’s request for depositions, Defendants argue that conducting
thirteen depositions after the close of discovery is not feasible before the June 4, 2018 trial date
and, in any event, exceeds the number of depositions allowed pursuant to Rule 30 of the Federal
Rules of Civil Procedure.
The Court finds that Defendants’ disciplinary records are not relevant to the claims or
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defenses in this lawsuit and, as such, DENIES Plaintiff’s request for the same. However, the
Court GRANTS Plaintiff’s request to reopen discovery to allow him the opportunity to depose
Defendants in order to prepare his case for trial.
In light of the foregoing, Plaintiff’s Motion for Continuance of Trial is GRANTED and the
schedule in this case is AMENDED as follows:
1. Limited discovery shall be completed by July 27, 2018.
2. Final Pretrial Conference is set for October 17, 2018 at 10:30 a.m. before
District Judge Staci M. Yandle.
3. Jury trial is set for October 29, 2018 at 9:00 a.m.
Defendants’ Motion for Extension of Time to File Final Pre-Trial Disclosures is
GRANTED. Final pre-trial disclosures shall be filed in accordance with the October 29, 2018
trial date.
IT IS SO ORDERED.
DATED: May 8, 2018
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

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