Ellis v. Afton Pumps, Inc. et al

Filing 559

ORDER DENYING WITHOUT PREJUDICE 536 MOTION to Amend/Correct 395 Amended Complaint filed by Richard Ellis. ( Amended Pleadings due by 8/14/2015.). TAKING UNDER ADVISEMENT 556 Joint MOTION to Bar Plaintiff's Undisclosed Witnesses. ( Responses due by 8/13/2015). Signed by Magistrate Judge Donald G. Wilkerson on 8/5/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICHARD ELLIS,
Plaintiff,
v.
AFTON PUMPS, INC. et al.,
Defendants.

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Case No. 3:15-cv-140-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion to Amend filed by Plaintiff on July 15, 2015
(Doc. 536) and the Motion to Bar Plaintiff’s undisclosed Witnesses filed by Defendants Crane Co.
and Ingersoll-Rand Company on August 3, 2015 (Doc. 556).
The Motion to Amend is DENIED WITHOUT PREJUDICE. The District Court has
recently entered Orders dismissing certain Defendants contained in the proposed Second
Amended Complaint (including The Dow Chemical Company). The proposed Second Amended
Complaint also includes other Defendants who are subject to motions to dismiss, filed by Plaintiff,
that are likely to be unopposed. Including such Defendants in an amended complaint would lead
to confusion. Plaintiff is granted leave to refile his Motion by August 14, 2015 (when such
motions to dismiss should be resolved). Any responses to the anticipated motion to amend shall
be filed within 7 days of service.

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The Motion to Bar is TAKEN UNDER ADVISEMENT. Defendants seek to bar any
further fact/product identification witnesses that Plaintiff may tender in this matter. Defendants
also seek a shortened response period of 7 days. Plaintiff shall respond to the Motion by August
13, 2015.
IT IS SO ORDERED.
DATED: August 5, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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