Wimberly v. Wexford Health Sources Inc. et al

Filing 52

ORDER DENYING 49 Motion to Compel; MOOTING 50 Motion. Signed by Magistrate Judge Donald G. Wilkerson on 8/23/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
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WEXFORD HEALTH SOURCES, INC.,)
TROST, JOHN DOE # 1, KIMBERLY)
BUTLER, SALVADOR GODINEZ, JOHN)
DOE #2, GAIL WALLS, K. ALLSUP, and)
)
LORI OAKLEY,
)
)
Defendants.
DARRELL WIMBERLY,

Case No. 3:16-cv-202-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion to Compel filed by Plaintiff, Darrell
Wimberly, on August 18, 2016 (Doc. 49) and the Motion for Permission to Depose Defendants
filed by Plaintiff on August 18, 2016 (Doc. 50).
The Motion to Compel is DENIED. Plaintiff states that he has attempted to discover the
names of John Does 1 and 2 by sending letters to his counselor, case workers, supervisors, and
other Menard employees, including some of Defendants. Missing from Plaintiff’s motion is any
indication that he complied with the directions outlined in the Scheduling Order (Doc. 33).
Namely, Plaintiff was instructed to serve upon Defendants’ counsels, descriptive information
about the John Doe Defendants (“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.”) (Doc. 33, p. 2). Plaintiff should follow the Court’s
instructions and send to Defendants’ counsels the descriptive information and any additional
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information that would aid in the identification of the John Doe Defendants. If Plaintiff does not
receive information as to the names of these persons, he may refile this motion provided he attach
the information that he provided to Defendants’ counsels, and responses, if any.
The Motion for Permission to Depose Defendants is MOOT. Plaintiff does not require
the Court’s permission to depose a party to this lawsuit. Rather, he must follow the procedures
outlined in Federal Rule of Civil Procedure 30 – most notably, he should issue a notice of
deposition and secure the services of a court reporter. The Court is mindful that Plaintiff is
incarcerated. If and when Plaintiff is able to schedule and pay for a court reporter, he may refile
this motion for assistance in conducting the deposition via video-conference and using Court
facilities.
IT IS SO ORDERED.
DATED: August 23, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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