Daugherty v. Doe et al

Filing 110

Order granting the Motion to Compel Compliance with Subpoena and Ordering Felton Williams to Appear for Deposition. (Doc. 104 ). The Clerk is DIRECTED to prepare, on Plaintiff's behalf, a form USM-285 for service of process of this Order on Fel ton Williams and deliver a service packet consisting of a USM-285 form and a copy of this Order to the United States Marshals Service. The United States Marshals Service SHALL personally serve upon Felton Williams a copy of this Order. The United Sta tes Marshals Service shall make reasonable efforts to personally serve Felton Williams within 21 days. All costs of service shall be advanced by the United States, and the Clerk shall provide all necessary materials and copies to the United States Marshals Service. Signed by Chief Judge Nancy J. Rosenstengel on 2/10/2020. (jrj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TERRANCE DAUGHERTY,
#R01171,
Plaintiff,

Case No. 17-cv-00809-NJR

v.
MICHAEL A. DURBIN, and
MICHAEL E. PADILLA,
Defendants.

ORDER GRANTING MOTION TO COMPEL
ROSENSTENGEL, Chief Judge:
This matter is before the Court on Plaintiff Daugherty’s Motion to Compel
Compliance with Subpoena and Ordering Felton Williams to Appear for Deposition.
(Doc. 104). In the Motion, Daugherty, through counsel, requests that the Court enter an
order compelling nonparty witness, Felton Williams, to appear for a deposition at the
earliest available date agreed upon by counsel.
BACKGROUND
Plaintiff claims that Felton Williams was his former cellmate at Big Muddy
Correctional Center and witnessed the alleged excessive force used by Defendants as well
as Plaintiff’s resulting injuries. (Doc. 89, p. 1). On September 10, 2019, Williams failed to
appear at a deposition, despite the issuance of a subpoena and personally confirming the
date with Plaintiff’s counsel via email and telephone. (Doc. 89, p. 3; Doc. 104, p. 1). The
Court granted Plaintiff’s Motion to Compel Williams to Appear for Deposition (Doc. 91),
and Williams was personally served with a subpoena and the order compelling his
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appearance at a second deposition scheduled for December 11, 2019. (Doc. 104, p. 2).
Although he again confirmed his appearance, Williams did not attend the deposition.
(Id.). On December 16, 2019, Plaintiff filed a Motion to Compel Compliance with
Subpoena and Ordering Felton Williams to Appear for Deposition. (Doc. 14). Plaintiff
argues that as a witness to the alleged claims, Williams has relevant information to the
issues in this case and an order to compel is necessary to require Williams to appear and
provide sworn testimony. (Doc. 104, p. 2).
On February 4, 2020, the Court conducted a telephonic hearing regarding the
Motion to Compel Compliance, and Williams was ordered to appear via telephone. At
the hearing, Plaintiff’s counsel stated that Williams had confirmed his attendance on
January 4, 2020, but again he failed to appear by calling into the hearing. The Court,
therefore, grants Plaintiff’s request to compel Felton Williams to appear for his
deposition. Williams is ordered to appear for the deposition at the time and place agreed
upon by counsel or risk being held in civil contempt.
DISPOSITION
IT IS HEREBY ORDERED that the Motion to Compel Compliance with Subpoena
and Ordering Felton Williams to Appear for Deposition is GRANTED. (Doc. 104).
FELTON WILLIAMS is ORDERED to appear for a deposition on March 5, 2020,
at 1:00 p.m., at the following location:
Cozen O’Conner
123 N. Wacker Dr., Suite 1800
Chicago, IL 60606
If Williams fails to comply with this Order, the Court may find him in civil contempt,
resulting in the issuance of a fine or imprisonment. See FED. R. CIV. P. 45(g); United States
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v. Dowell, 257 F.3d 694, 698-99 (7th Cir. 2001).
IT IS FURTHER ORDERED that the Clerk is DIRECTED to prepare, on Plaintiff’s
behalf, a form USM-285 for service of process of this Order on Felton Williams and
deliver a service packet consisting of a USM-285 form and a copy of this Order to the
United States Marshals Service. The United States Marshals Service SHALL personally
serve upon Felton Williams a copy of this Order. The United States Marshals Service
shall make reasonable efforts to personally serve Felton Williams within 21 days. All
costs of service shall be advanced by the United States, and the Clerk shall provide all
necessary materials and copies to the United States Marshals Service.
IT IS SO ORDERED.
DATED: February 10, 2020
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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