Atherton v. Baldwin et al
ORDER STRIKING Affidavit filed by Frank Dean Atherton (Doc. 81 ), DENYING Consent MOTION for Extension of Time To Complete Settlement filed by Frank Dean Atherton (Doc. 83 ), DENYING MOTION for Extension of Time filed by Frank D ean Atherton (Doc. 84 ). Final Pretrial Conference SET for 10/23/2019 at 9:30 AM in Benton Courthouse before Judge Staci M. Yandle, Jury Trial set for 11/12/2019 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. Signed by Judge Staci M. Yandle on 10/9/2019. (sgp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANK DEAN ATHERTON,
JOHN BALDWIN, et al.,
Case No. 18-CV-1177-SMY-GCS
MEMORANDUM AND ORDER
YANDLE, District Judge:
Pending before the Court are Plaintiff Frank Dean Atherton’s Motions for Extension of
Time to Complete Settlement (Docs. 83 and 84), which are both DENIED. The parties reached
an agreement to settle this case on February 21, 2019 (Doc. 70). On February 25, 2019, the Court
entered an Order giving the parties 120 days to consummate the settlement. On March 21, 2019,
counsel was appointed to represent Atherton with respect to the settlement. (Doc. 73).
Over 6 months have passed and the settlement remains pending. This is a straightforward
prisoner rights case, and as such, is capable of being resolved by the timely execution of an
uncomplicated settlement agreement. However, it appears that Atherton is attempting to interject
new claims into this lawsuit as demonstrated by his “Affidavit” filed on May 1, 2019 (Doc. 81).
This litigation involves claims of interference with legal and non-legal mail from November 2017
to early 2018. The Affidavit, filed pro se, concerns claims related to Atherton’s religion and
retaliation which are unrelated to the claims asserted in this action, and is therefore STRICKEN.
As of the date Atherton filed his second motion for extension of time, there is no indication
of how close the parties are to finalizing the settlement terms. While the Court is mindful that
Atherton’s incarceration hampers communication, no good cause for this delay has been shown.
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Accordingly, consistent with the Court’s authority and obligation to manage its docket, this case
is set for a Final Pretrial Conference on October 23, 2019 at 9:30 a.m. and jury trial on November
12, 2019 at 9:00 a.m. in Benton, Illinois before the undersigned judge. Should the parties finalize
settlement prior to the Final Pretrial Conference date, they may file an appropriate motion or
stipulation to dismiss the case.
IT IS SO ORDERED.
DATED: October 9, 2019
STACI M. YANDLE
United States District Judge
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