Broadcast Music, Inc. et al v. Terry Wray, indiv. and dba Towne Lounge

Filing 27

ORDER re 24 Order to Show Cause: Show Cause DISCHARGED. Discovery due by 8/1/2018. Settlement Conference set for 8/17/2018 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. See written Order for details. Signed by Magistrate Judge Donald G. Wilkerson on 6/25/2018. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BROADCAST MUSIC, INC., et al.,
Plaintiff,
v.
TERRY WRAY, SR.,
Defendant.

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Case No. 3:17-cv-284-JPG-DGW

ORDER
WILKERSON, Magistrate Judge:
On June 22, 2018, a show cause hearing was held in which Plaintiffs appeared by counsel
(via telephone) and Defendant appeared in person. The hearing was set because Defendant failed
to appear at a discovery dispute conference that was set for May 30, 2018 (Doc. 22, 23).
Defendant, who appeared along with his son, Terry Wray, Jr., indicated that he did not know about
the telephonic discovery dispute conference and that he also did not know about the discovery
requests that were sent to his address of record. Part of the confusion may be because both Terry
Wray, Sr. and Jr. receive mail at the same address.

The Court finds that Defendant has

sufficiently shown cause why he both did not respond to discovery and why he did not appear at
the conference. The Show Cause Order is accordingly DISCHARGED.
Plaintiffs are now DIRECTED to re-serve discovery by June 29, 2018. Defendant shall
respond within 30 days of receipt. Plaintiffs shall file a notice with the Court by August 1, 2018
regarding Defendant’s responses.
The Court notes that the deadline for dispositive motions was June 22, 2018 and no such
motions have been filed. This matter is now hereby SET for a settlement conference on August
17, 2018 at 9:00 a.m. in the Federal Courthouse in East St. Louis. The parties are directed to
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review the Order and Notice of Settlement Conference entered on August 3, 2017 (Doc. 21). If
either party believes that a settlement conference would be futile, they shall contact chambers or
file a motion.
The parties are reminded that this matter is set for a Final Pretrial Conference on
September 19, 2018 and Bench Trial on October 1, 2018, both before Judge Gilbert in the Benton
Courthouse.
DATED: June 25, 2018

DONALD G. WILKERSON
United States Magistrate Judge

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