Stoces v. Obasi et al

Filing 110

ORDER DENYING 108 Motion to Subpoena. Signed by Magistrate Judge Donald G. Wilkerson on 1/12/2018. (jkb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT STOCES,
Plaintiff,
v.
SALEH OBAISI, DR. JILL WAHL,
DENNIS LARSON, and WEXFORD
HEALTH SOURCES, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 3:15-cv-277-DGW

ORDER
WILKERSON, Magistrate Judge
Pending before the Court is Plaintiff Robert Stoces Motion to Subpoena (Doc. 108). For
the reasons set for below, the motion is DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
On March 11, 2015, Plaintiff Robert Stoces filed a complaint asserting claims under the
Eighth Amendment and Illinois state law against three health care providers and Wexford Health
Services 1 (Doc. 1). The Court conducted a merits review as required by 28 U.S.C. § 1915A, and
allowed Stoces to proceed on the following claims:
Count 1: Deliberate Indifference to a Serious Medical Need
Count 2: Conspiracy
Count 3: Malpractice/Negligence
(Doc. 6).
The Court granted Stoces’ Motion to Appoint Counsel and assigned attorney Jason
1

Wexford Health Services is a private corporation the Illinois Department of Corrections contracts with to provide
health care to Illinois inmates.

Page 1 of 3

Andrew Charpentier to represent him (Doc. 47). Stoces’ attorney filed a Second Amended
Complaint alleging deliberate indifference and medical negligence, but did not include a
conspiracy claim (Doc. 56).
On August 30, 2017, Stoces’ counsel filed a motion to withdraw (Doc. 101, p. 2). A
hearing was held on September 12, 2017, and the Motion to Withdraw was granted (Doc. 81).
Plaintiff was granted 30 days to find new representation and the scheduling order was amended
setting the close of discovery on December 7, 2017 and the deadline for filing of Dispositive
Motions on December 27, 2017 (Doc. 82). The documents related to the extension of the
Discovery and Dispositive Motion deadlines were sent to Stoces by the Clerk of Court on
September 13, 2017.
ANALYSIS
Stoces filed a Motion for Subpoena on January 8, 2018 (Doc. 108). In the motion, Stoces
requests the Court provide subpoenas to allow him call for trial and to depose Dr. Obaisi, Dr.
Wahl, Dr. Larson, Dr. John Sheppard, Lisa Johnson, RN and “all members of Wexford’s Health
Utilization Management Team (Doc. 108, p. 1). The Court notes, however, that discovery closed
in this action over a month before Stoces filed his motion (See Doc. 82). Further, Stoces was sent
copies of the Court’s order extending the Discovery and Dispositive Motion deadlines on
September 13, 2017 - 85 days prior to the close of discovery. There is no evidence before the Court
that Stoces attempted to conduct discovery prior to the December 7, 2017, and he made no request
to extend the Discovery deadline. Thus, the Court DENIES WITH PREJUDICE the portion of
Stoces Motion requesting subpoenas for deposition as untimely. The portion of the motion
requesting subpoenas for trial is DENIED WITHOUT PREJUDICE as premature.

Page 2 of 3

SO ORDERED.
DATED: January 12, 2018

DONALD G. WILKERSON
United States Magistrate Judge

Page 3 of 3