Pendegraft v. Kreke et al

Filing 79

ORDER: Dispositive Motions re Exhaustion of Administrative Remedies due by 2/16/2016; Discovery due by 2/17/2017; Dispositive Motions due by 3/9/2017. Telephonic Pretrial Conference set for 6/21/2017 at 2:00 PM before Magistrate Judge Donald G. Wil kerson; Final Pretrial Conference set for 7/11/2017 at 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel; Jury Trial set for 8/22/2017 at 9:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Signed by Magistrate Judge Donald G. Wilkerson on 1/21/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CURTIS PENDEGRAFT,
Plaintiffs,
v.
ALBERTO BUTILAID, et al.,
Defendants.

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Case No. 3:15-cv-816-NJR-DGW

42 U.S.C. § 1983 SCHEDULING ORDER
WILKERSON, Magistrate Judge:
The parties are reminded that they may, pursuant to Federal Rule of Civil Procedure 29,
modify discovery dates occurring prior to the close of discovery, by agreement, without the
Court's involvement, provided that neither the discovery cutoff and dispositive motion deadlines
nor the settlement conference date are affected.
Depositions upon oral examination, interrogatories, request for documents, and answers
and responses thereto shall not be filed unless on order of the Court.
Disclosures or discovery under Rule 26(a) of the Federal Rules of Civil Procedure are to
be filed with the Court only to the extent required by the final pretrial order, other order of the
Court, or if a dispute arises over the disclosure or discovery.
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 February 5, 2016. Failure to pay
the initial filing fee by the deadline may result in dismissal of this action.

B.

Initial Disclosures shall by served by February 12, 2016. In addition to those
categories contained in Rule 26(a)(1)(A), these disclosures shall include: For

Plaintiff -- a statement of injuries and the relief sought, and information that may
help identify any John Doe Defendants.

For Defendant – incident reports,

grievances, disciplinary tickets, cumulative counseling summary, shakedown slips
(for property issues), correspondence with the chaplain (religious claims), and the
identity of John Doe Defendants, if known.
C.

Initial interrogatories and requests to produce, pursuant to Federal Rules of Civil
Procedure 33 and 34 shall be served on opposing parties by March 18, 2016.

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.
II.

Motions to amend the pleadings shall be filed by April 15, 2016.

Discovery
A.

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.

B.

Defendants are granted leave to depose Plaintiff pursuant to Rule 30(a)(2) by
June 1, 2016.

C.

Defendant’s deposition shall be taken by July 15, 2016.

D.

The parties are granted leave to depose other incarcerated person pursuant to Rule
30(a)(2) by agreement provided that the number does not exceed 2 each. If the
parties wish to depose more than 2 incarcerated persons, they shall seek leave of
Court.

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E.

If the parties believe that expert discovery is necessary, discovery shall
commenced as indicated in the attached Joint Report of Parties.

F.

All discovery must be completed by February 17, 2017.

Pursuant to

Fed.R.Civ.P. 26(e), the parties are under an ongoing obligation to supplement the
disclosures and production in this case.
III.

Dispositive motions
A.

Any dispositive motion raising the affirmative defense of qualified immunity or
failure to exhaust administrative remedies shall be filed by February 16, 2016.
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 of Plaintiff has exhausted his administrative remedies within the
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 March 9, 2017.

Trial Schedule
A.

Extensions of these deadlines will only be granted in the rarest of circumstances,

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as the usual difficulties and delays associated with prisoner litigation have been
taken into account in setting the pretrial schedule.
B.

If the parties believe that a settlement conference would be beneficial, they should
contact chambers.

C.

A telephonic pretrial conference is SET for June 21, 2017 at 2:00 p.m. before
United States Magistrate Judge Donald G. Wilkerson. Defendant (AG’s office) to
initiate the conference call.

D.

A final pretrial conference is SET on July 11, 2017 at 1:30 p.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.
E.

Trial is hereby set before District Judge Nancy J. Rosenstengel on August 22,
2017 at 9:00 a.m.

IT IS SO ORDERED
DATED: January 21, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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