Wilkins v. Overall et al

Filing 45

ORDER denying 27 Motion for Summary Judgment; denying 28 Motion for Settlement and denying 32 Motion for Settlement. Signed by Judge David R. Herndon on 5/10/17. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSEPH WILKINS,
Plaintiff,
v.

Case No. 3:16-cv-01324-DRH-RJD

OVERALL, ETCHESON,
SETH and FOSTER,
Defendants.
ORDER
HERNDON; District Judge:
Before the Court is plaintiff Joseph Wilkins’ motion for summary Judgment
(Doc. 27), motion for settlement demand (Doc. 28) and motion for settlement
conference. (Doc. 32). The Court DENIES without prejudice Wilkins’ motion for
summary judgment (Doc. 27). This case is very early in the litigation. Defendant
Overall filed an answer on April 28, 2017 and the other three defendants have not
yet filed an answer. It is unclear if the parties have conducted any discovery.
Moreover, Wilkins’ motion does not cite to any documents or affidavits. See Fed.
R. Civ. P. 56(c). Thus, the Court DENIES at this time Wilkins’ motion for
summary judgment.

However, he is granted leave to refile a new motion for

summary judgment after the parties engage in the discovery process.
Next, Wilkins has filed a motion for settlement demand (Doc. 28) and a
motion for settlement conference. (Doc. 32). Wilkins is free to make a settlement
demand to the defendants in the hope that they will make an offer of settlement to
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him in return, but settlement demands should not be filed with the Court.
Settlement demands may be sent directly to defense counsel. Thus, the Court
DENIES Wilkins’ motion for settlement demand (Doc. 28) is denied.

Also, the

Court DENIES Wilkins’ motion for settlement conference (Doc. 32). It is unclear
whether the defendants are interested in holding a settlement conference at this
time. To ensure that settlement conferences are as productive as possible, the
Court will only schedule a settlement conference if all parties voluntarily agree to
participate. The Court cannot coerce the parties to settle. Wilkins is free to contact
defense counsel and discuss whether a settlement conference would be productive
at this time. If the parties agree that a settlement conference would likely be
beneficial, they may contact the Court to have a settlement conference arranged.

Digitally signed by
Judge David R.
Herndon
Date: 2017.05.10
11:05:43 -05'00'

IT IS SO ORDERED.
DATED: May 10, 2017

United States District Judge

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