Diaz-Guillen v. Vieregge et al

Filing 36

ORDER re 19 Waiver of Service Executed, 20 Waiver of Service Executed, 31 Summons Returned Executed: Responsive pleading deadline extended to November 14, 2016. Clerk to mail Order as directed. Signed by Magistrate Judge Donald G. Wilkerson on 10/24/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
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Plaintiff,
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v.
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J. D. VIEREGGE, AARON L. LAY, MATT)
MCCONKEY, VIPIN SHAH, and JAY L.)
)
SWANSON,
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Defendants.
LUIS M. DIAZ-GUILLEN,

Case No. 3:15-cv-1101-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
This matter is before the Court for docket control. On May 25, 2016, Plaintiff filed a First
Amended Complaint alleging claims against various personnel employed by the Fayette County
Jail. Requests for waiver of service of the summons and complaint were sent to Defendants
Swanson and Shah (erroneously named “Vipin Shaw”1 in the docket) on February 17, 2016 (after
Plaintiff named them in a previously filed complaint) (Docs. 9-10). The waivers were returned
unexecuted on March 2, 2016 (Doc. 11). After formal service was initiated (Docs. 15, 18),
summons was returned executed as to Swanson on June 30, 2016 (Doc. 23) and he filed a
responsive pleading on July 29, 2016.
Shah’s summons was returned executed on July 14, 2016 (Doc. 31). His answer was due
on August 2, 2016. As to the other Defendants, waivers were returned on June 8, 2016 as to
Vieregge and Lay; their answers were due on July 25, 2016 (Docs. 19, 20). Formal service on
McConkey was initiated on July 29, 2016 (Doc. 32) but so far, no summons has been returned
executed (Doc. 34).
1

The Clerk of Court is DIRECTED to modify the docket to reflect to true spelling of this
Defendant’s name, “Vipin Shah.”
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In sum, Swanson has appeared and filed a responsive pleading; Shah, Vieregge, and Lay
have been served (or waived) and have not filed a timely responsive pleading; and, McConkey has
yet to acknowledge service.
Defendants Shah, Vieregge, and Lay are sua sponte GRANTED until November 14, 2016
to file responsive pleadings in this matter. The failure to file such responsive pleadings may
result in an entry of default. The Clerk of Court is DIRECTED to mail a copy of this Order to
Defendants at the Fayette County Jail, 221 South 7th Street, Vandalia, Illinois 62471 and to the
Fayette County Sheriff, Chris Smith, at the same address.
DATED:

DONALD G. WILKERSON
United States Magistrate Judge

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