McCallon v. Moline et al

Filing 39

ORDER re 34 Discovery Dispute Conference and 38 Discovery Dispute Conference: GRANTING IN PART 35 Joint MOTION to Amend/Correct Joint Scheduling Order filed by National Freight, Inc., Michael J Moline and GRANTING IN PART 37 Joint MOTION to Continue Cancel Settlement Conference filed by National Freight, Inc., Michael J Moline. Discovery due by 4/8/2016, Dispositive Motions due by 4/22/2016, Settlement Conference RESET for 4/22/2016 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 2/2/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
)
MICHAEL J. MOLINE and NATIONAL)
)
FREIGHT, INC.,
)
)
Defendants.
RICHARD MCCALLON,

Case No. 3:15-cv-178-JPG-DGW

ORDER
WILKERSON, Magistrate Judge:
Pursuant to two discovery dispute conferences held on November 17, 2015 (Doc. 34) and
January 27, 2016 (Doc. 38), the following is hereby ORDERED:
1.

Plaintiff served a notice of deposition for John Hoogstraten along with a list of documents

to be produced at the deposition. This list includes “All documents, letters of retention, photos,
videos, receipts, invoices, or any other documentation concerning you retention by Pitzer
Snodgrass . . . to find, follow, or take surveillance of Richard McCallon.” Defendants objects to
the production request as overly broad and cites to Geraty v. Northeast Illinois Regional
Commuter Railroad, 2008 WL 2130422 (N.D. Ill. 2008), in support. Plaintiff believes that the
information is relevant and discoverable and cites to Boyle v. CSX Transportation, Inc., 142 F.R.D.
435 (S.D.W.V. 1992), in support. After reviewing the cases cited and the discovery request, the
Court finds that the request is overly broad. Plaintiff may request documents that are related to
the particular surveillance video in question and ask questions related to the surveillance of
Plaintiff. However, documents related to the witness’ retention or employment or contract, etc.
with Defendants or their attorneys are not relevant. Plaintiff shall re-serve the deposition notice

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within 14 days of the date of this Order. The deposition shall be concluded within 30 days of the
date of this Order.
2.

The parties’ second dispute concerns discovery requests related to Plaintiff’s past

employment.

Defendants seek waivers in order to acquire “any and all” of Plaintiff’s

“employment records” to which Plaintiff objects to as overly broad. The request is found to be
overly broad. Defendants shall limit the request to qualifications and evaluation files in addition
to the other category of information stated at the conference (W-2, 1099, work related
injuries/illnesses, etc.).
3. The parties further request extensions of the deadlines in this matter. The Motions are
GRANTED IN PART (Docs 35 and 37). To that end:
A.

Defendants deposition shall be taken by February 16, 2016.

B.

Motions to amend the pleadings, including the commencement of a third party
action, deadline has elapsed.

C.

Expert witnesses shall be disclosed, along with a written report prepared and signed
by the witness pursuant to Federal Rule of Civil Procedure 26(a)(2), as follows:
Plaintiff’s expert(s): February 23, 2016
Defendant’s expert(s): March 20, 2016
Third Party expert(s): none

6.

Depositions of expert witnesses must be taken by:
Plaintiff’s expert(s): March 14, 2016
Defendant’s expert(s):April 8, 2016
Third Party expert(s): none

7.

Discovery shall be completed by April 8, 2016. Any written interrogatories or
request for production served after the date of the Scheduling and Discovery Order
shall be served by a date that allows the served parties the full 30 days as provided
by the Federal Rules of Civil Procedure in which to answer or produce by the
discovery cut-off date.

8.

All dispositive motions shall be filed by April 22, 2016. Dispositive motions filed
after this date will not be considered by the Court.
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The Settlement Conference is RESET to April 22, 2016 at 9:00 a.m. before Magistrate
Judge Wilkerson. The Final Pretrial Conference and Trial date remain as set, August 3, 2016 and
August 15, 2016, respectively, before District Judge Gilbert.
IT IS SO ORDERED.
DATED: February 2, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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