Jellis v. Harrington et al

Filing 43

SCHEDULING ORDER: Dispositive Motions re Exhaustion of Administrative Remedies due by 12/21/2015, Amended Pleadings due by 2/29/2016. Discovery due by 9/30/2016. Dispositive Motions due by 10/28/2016. Telephonic Status Conference set for 2/7/2017 at 2:30 PM before Magistrate Judge Donald G. Wilkerson. Final Pretrial Conference set for 4/12/2017 at 10:30 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Jury Trial set for 5/2/2017 at 9:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Signed by Magistrate Judge Donald G. Wilkerson on 10/19/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
Plaintiff,
)
)
)
v.
)
R. HARRINGTON, LT. TOURVILLE, R. )
)
DAVIS, C/O HALE, C/O LINDENBERG,
LT. VEATH, JASON HART, AMY LAND, )
)
and DR. SHEARING,
)
)
Defendants.
JERRY JELLIS,

Case No. 3:15-cv-630-NJR-DGW

SCHEDULING AND DISCOVERY ORDER
In addition to the Federal Rules of Civil Procedure and the Local Rules for the United
States District Court for the Southern District of Illinois, the following procedures will apply to
this case.
I.

Initial Disclosures and Pretrial Filings
A.

If Plaintiff was assessed an initial filing fee pursuant to 28 U.S.C. § 1915(b)(1),
such initial filing fee must be paid, in full, by November 30, 2015. Failure to pay
the initial filing fee by the deadline may result in dismissal of this action.

B.

Plaintiff shall have until November 30, 2015 to produce to Defendants:
1.

Names of persons with knowledge of the incidents and a short description
of the subject of their knowledge;

2.

A statement of the injuries Plaintiff has suffered and the relief he seeks;

3.

A signed release for medical records (in cases where Plaintiff’s medical
condition or care is at issue);

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4.

If Plaintiff has sued any “John Does,” any information Plaintiff possesses
which will help identify the John Doe defendants, including but not limited
to:

physical

descriptions,

specific

job

assignments,

partial

names/nicknames, and locations and dates where plaintiff interacted with
the John Does.
(Note: Plaintiff shall produce the above information directly to Defendants; the information
shall NOT be filed with the Court).
C.

Defendants shall have until December 21, 2015 to produce to Plaintiff copies of
the following documents and information related to Plaintiff’s allegations:
1.

Incident reports;

2.

Grievances, along with any responses or other related materials, such as
grievance logs and counselor’s notes;

3.

Disciplinary tickets, along with any documents related to the resolution of
the tickets;

4.

Plaintiff’s cumulative counseling summary;

5.

Correspondence with the chaplain (religion claims only);

6.

Shakedown slips (when property is at issue);

7.

Reports and/or statements of persons with knowledge of the incidents;

8.

Names of persons with knowledge of the incidents and a short description
of the subject of their knowledge, to the extent this information is not
included in the documents produced to Plaintiff;

9.

Copies of relevant medical records maintained by IDOC (in cases where
Plaintiff’s medical condition or care is at issue, and provided Plaintiff has
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executed the required release form as directed in paragraph I(B)(3) (note:
Defendants may require payment of IDOC’s customary copying costs for
extensive records); and
10.

The identity of the John Doe defendants or, if Defendants are unable to
make a specific identification, any document or information which would
assist in the identification of the John Does; Defendants are not required to
produce photographs of IDOC employees or inmates.

11.

Defendants reserve the right to object to the production of the above, in a
specific case, for security or other concerns.

D.

Any party entering an appearance after the date of this Order shall make the
required disclosures within 30 days from his appearance in this case. Plaintiff will
make his required disclosures within 30 days from the new party’s appearance.

E.

Plaintiff shall have until February 29, 2016 to: (a) move to amend his complaint to
add or substitute specific defendants for the John Does; (b) to identify additional
steps that can be taken to identify the John Does who remain unidentified; and (c)
move to amend the complaint to include any additional claims or parties. Plaintiff
is reminded that he must include the entire proposed amended pleading when
filing a motion to amend. Failure to comply with this requirement will result in the
dismissal of the John Does, and will likely bar further amendment of the complaint,
except for good cause shown.

II.

Discovery
A.

Each party is limited to serving 15 interrogatories, 15 requests for production of

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documents, and 10 requests for admission. On motion, these limits may be
increased for good cause shown.
B.

Any interrogatories, requests for production of documents, or requests for
admissions shall be served so as to allow the answering party the full thirty-day
period provided by the Federal Rules of Civil Procedure in which to respond.

C.

Defendant is given leave to depose Plaintiff pursuant to Fed. R. Civ. P. 30(a)(2).

D.

All discovery must be completed by September 30, 2016.

Pursuant to

Fed.R.Civ.P. 26(e), the parties are under an ongoing obligation to supplement the
disclosures and production in this case. Failure to timely disclose or supplement
discovery in this case may result in sanctions, including being prohibited from
using the undisclosed information or witness.
III.

Dispositive motions
A.

Any dispositive motion raising the affirmative defense of qualified immunity or
failure to exhaust administrative remedies shall be filed by December 21, 2015.
Upon the filing of a dispositive motion raising the affirmative defense of failure to
exhaust administrative remedies, the following procedures shall apply:
1.

Along with the motion, Defendant shall serve upon Plaintiff copies of all
documents relevant to the issue of exhaustion.

2.

In responding to the motion, Plaintiff shall serve upon Defendant copies of
all documents in his possession relevant to the issue of exhaustion.

3.

The parties should not conduct discovery on the merits until the question
whether Plaintiff has exhausted his administrative remedies within the

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meaning of the Prison Litigation Reform Act has been resolved. Pavey v.
Conley, 544 F.3d 739 (7th Cir. 2008).
4.

A hearing on the issue of exhaustion of administrative remedies will be set,
if necessary, by separate Order.

B.
IV.

All other dispositive motions shall be filed by October 28, 2016.

Trial Schedule
A.

Extensions of these deadlines will only be granted in the rarest of circumstances, as
the usual difficulties and delays associated with prisoner litigation have been taken
into account in setting the pretrial schedule.

B.

A telephonic status conference is SET for February 7, 2017 at 2:30 p.m. before
United States Magistrate Judge Donald G. Wilkerson. Defendant to initiate the
conference call.

C.

A final pretrial conference is SET on April 12, 2017 at 10:30 a.m. before United
States District Judge Nancy J. Rosenstengel.

Parties should consult Judge

Rosenstengel’s case management procedures, located on the Court’s webpage, for
instructions.
D.

Trial is hereby set before District Judge Nancy J. Rosenstengel on May 2, 2017 at
9:00 a.m.

IT IS SO ORDERED.
DATED: October 19, 2015

DONALD G. WILKERSON
United States Magistrate Judge
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