Motton v. Wexford Health Sources, Inc. et al

Filing 34

JOHN/JANE DOE IDENTIFICATION ORDER: Plaintiff shall have until May 14, 2025, to file a motion to substitute a specific Defendant for Jane Doe, or if Jane Doe remains unidentified, to file a motion specifying additional steps that can be taken to identify Jane Doe.Plaintiff's failure to comply with this Order and to identify the unknown Defendant within the required timeframe will result in the dismissal of Jane Doe. Signed by Judge Stephen P. McGlynn on 3/12/2025. (jrj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRANDON MOTTON,
Plaintiff,

Case No. 25-cv-00008-SPM

v.
WEXFORD HEALTH SOURCES, INC., et
al.,
Defendants.

JOHN/JANE DOE IDENTIFICATION ORDER
MCGLYNN, District Judge:
This matter is before the Court sua sponte for case management purposes. This Order sets
forth the process and procedures for the identification and substitution of the unidentified
Defendant.
Identification of Unknown Defendant
Plaintiff is proceeding against Jane Doe, who is described as the healthcare unit
administrator at Pinckneyville Correctional Center at the time of the alleged events, and Warden
Barwick has been directed to respond to discovery aimed at identifying the unknown Defendant.
(Doc. 6).
The exchange of information for the purpose of identifying Jane Doe shall proceed
according to the following schedule.
1. Plaintiff shall have until April 2, 2025 to file a Notice with the Court, and provide to
the Warden’s attorney, any information he possesses which will help identify the
unknown Defendant, such as: physical description(s), gender, rank, partial
name(s)/nickname(s), specific job assignment(s), shift times, and locations and dates
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where Plaintiff interacted with Jane Doe.
2. The Warden shall have until April 23, 2025 to file a Notice with the Court and provide
Plaintiff the identity of the unknown Defendant. If the Warden is unable to identify
Jane Doe, he shall provide Plaintiff with any document or information, including
photographs and videos, that may assist in the identification of Jane Doe 1 by the same
deadline. The Warden shall contemporaneously file an affidavit with the Court
certifying the steps taken to identify each unknown Defendant based on the information
provided or available to the Warden.
3. Plaintiff shall have until May 14, 2025 to file a motion to substitute a specific
Defendant for Jane Doe, or if Jane Doe remains unidentified, to file a motion specifying
additional steps that can be taken to identify Jane Doe.
Plaintiff’s failure to comply with this Order and to identify the unknown Defendant
within the required timeframe will result in the dismissal of Jane Doe. The Defendant
Warden’s failure to comply with this Order in a good faith effort to identify the unknown
Defendant will result in the imposition of sanctions.
IT IS SO ORDERED.
DATED: 3/12/2025
s/Stephen P. McGlynn
Stephen P. McGlynn
United States District Judge

Such documents may include, for example, incident reports; grievances or other related materials, such as
responses, grievance logs and counselor’s notes; disciplinary tickets, along with any documents related to
the resolution of the tickets; Plaintiff’s cumulative counseling summary or other log of interactions with
staff during the relevant time; correspondence with the chaplain; shakedown slips; and copies of relevant
medical records, provided Plaintiff has executed the required release form.

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