Smith v. Butler et al

Filing 80

ORDER GRANTING IN PART 73 MOTION for Deposition of Named Witnesses filed by Michael Smith, GRANTING IN PART 74 MOTION to Amend/Correct Deadlines filed by Billie W Greer, Kent Brookman, Lori Oakley, Jeanette Hecht, Kimberly Butl er, GRANTING IN PART 76 MOTION for Interrogatories of (7) Named Witnesses filed by Michael Smith, GRANTING IN PART 78 MOTION to Amend/Correct filed by Michael Smith, DENYING WITHOUT PREJUDICE 79 MOTION for Reconsideration re 6 Order , Terminate Motions, Set Deadlines, 66 Order, Terminate Motions, Set Deadlines filed by Michael Smith. ( Action due by 5/19/2017, Discovery due by 5/12/2017, Dispositive Motions due by 5/26/2017. Signed by Magistrate Judge Donald G. Wilkerson on 5/4/17. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
)
KIMBERLY BUTLER, JEANETTE HECHT,)
KENT BROOKMAN, LORI OAKELY, and)
)
BILLIE W. GREER,
)
)
Defendants.
MICHAEL SMITH,

Case No. 3:15-cv-770-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Plaintiff seeks to depose 11 non-parties and Defendants with the Court’s assistance (Docs.
73 and 76).

The Motions are GRANTED IN PART.

Plaintiff may depose parties and

non-parties by using the procedures outlined in Federal Rules of Civil Procedure 30 and 31.
However, Plaintiff must make all arrangements and serve all necessary subpoenas (pursuant to
Rule 45 for non-parties) and notices.

To that end, prior to the issuance of blank subpoenas

(which must be issued by the Clerk of Court) and to ensure that the Court’s subpoena power will
not be abused, Plaintiff shall inform the Court as to what relevant testimony each of the
(non-party) witnesses is expected to provide. Plaintiff should determine which stenographer he
wishes to use and make financial arrangements with him/her. Plaintiff shall also complete the
necessary notices as required by the Rules (with a time/date section left blank). Plaintiff shall
submit to the Court: 1) a brief statement of the testimony that he expects each non-party witness to
give; 2) copies of the notices he intends to serve (Plaintiff should be sure to include each witnesses
address for service); and, 3) the name and contact information for the stenographer he intends to
use (who may expect prepayment of fees). Such documents/information shall be submitted to the
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Court by May 19, 2017.

Once the Court has reviewed the material and contacted the

stenographer, a time and date shall be set for each witness and Plaintiff will be required to serve
subpoenas and notices (along with witness fees where necessary). The Court will assist Plaintiff
in coordinating the time/date of the depositions with the stenographer/witnesses and shall issue a
writ for Plaintiff’s and/or witnesses’ appearance (by video-conference). The depositions shall
occur at the Federal Courthouse in East St. Louis, Illinois (or, with respect to Defendants, at a
mutually acceptable location). Plaintiff is informed that the Court is without authority to pay
litigation costs (including the costs of depositions) notwithstanding Plaintiff’s in forma pauperis
status. If Plaintiff does not have the funds to retain a stenographer, he shall promptly inform the
Court.
At this juncture, the discovery deadline is extended to May 12, 2017 and the Dispositive
motion filing deadline is extended to May 26, 2017.

Defendants’ and Plaintiff’s motions to

amend deadlines is GRANTED IN PART (Docs. 74 and 78) as set forth herein.
Finally, Plaintiff’s request for recruitment of counsel is DENIED WITHOUT
PREJUDICE (Doc. 79). As set for the previously, Plaintiff appears competent to litigate this
matter without counsel (Doc. 66). The Court is mindful that Plaintiff’s incarcerated status may
impede his ability to attend law library and that his recent surgery may have an effect on his ability
to file motions.

However, both issues can be readily resolved by reasonable motions for

extension of time. If, however, the Court determines that the witnesses that Plaintiff seeks to
depose are integral to his claim, the Court may reconsider recruitment of counsel.
DATED: May 4, 2017

DONALD G. WILKERSON
United States Magistrate Judge
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