INTERNATIONAL MEDICAL GROUP, INC. v. WALKER et al

Filing 260

ENTRY - On June 29, 2011, the Court received copies in the mail of various filings that Mr. Walker had previously faxed to the Court and which already appear on the docket. [Dkts. 231-5; 232; 232-3; 232-2; 232-1; 230-1.] The Court has already addres sed the matters Mr. Walker presents in these filings and will not address them further. Final Exhibit List from Mr. Walker. [Dkt. 258.] is different from previous exhibit lists [See dkts. 232-3; 247] Final Exhibit List docketed at 258 is not accepte d as effective. The Court also received "the balance of [Mr. Walker's] Exhibits" with a letter dated June 28, 2011. At the final pretrial conference the Court ordered Mr. Walker to seek leave to file documents for which the deadline had passed by June 27, 2011 if he intended to do so. Mr. Walker mailed them to the Court; however, because no leave was sought to file these belated documents, they are not accepted as effective. Out of an abundance of caution, the Court has docketed the exhibits Mr. Walker filed under seal. [Dkt. 259] Plaintiff International Medical Group, Inc. has until July 8, 2011 to show cause why the seal should not be lifted. The Court will treat Mr. Walker's subpoena and money order [Dkts. 258-2; 2 58-3] as a request for issuance of a subpoena pursuant to Federal Rule of Civil Procedure 45(a)(3). The Court ORDERS IMG to provide notice by July 7, 2011 if it will accept service on behalf of Mr. Brougher. Signed by Judge Jane Magnus-Stinson on 7/5/2011.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
INTERNATIONAL MEDICAL GROUP, INC.,
Plaintiff,
vs.
PAUL WALKER AND ESSENTIAL HEALTH
LTD.,
Defendants.

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1:08-cv-0923-JMS-TAB

ENTRY
On June 29, 2011, the Court received copies in the mail of various filings that Mr. Walker had previously faxed to the Court and which already appear on the docket. [Dkts. 231-5; 232;
232-3; 232-2; 232-1; 230-1.] The Court has already addressed the matters Mr. Walker presents
in these filings and will not address them further.
Also on June 29, 2011, the Court received a Final Exhibit List from Mr. Walker. [Dkt.
258.] This Final Exhibit List is different from previous exhibit lists Mr. Walker has presented to
the Court. [See dkts. 232-3; 247.] Mr. Walker’s final exhibit list was due by June 9, 2011, and
because Mr. Walker has not sought leave to file a belated exhibit list, the Final Exhibit List
docketed at 258 is not accepted as effective. [See also dkt. 248.]
The Court also received “the balance of [Mr. Walker’s] Exhibits” with a letter dated June
28, 2011. [Dkts. 258-1 (letter); 259 (exhibits).] At the final pretrial conference the Court ordered Mr. Walker to seek leave to file documents for which the deadline had passed by June 27,
2011 if he intended to do so. [Dkt. 242 at 3.] Not only did Mr. Walker not ask for leave to file
these documents, the documents in docket 259 were mailed to and received by the Court after the
June 27, 2011 deadline. The Court has docketed these filings because Mr. Walker mailed them
to the Court; however, because no leave was sought to file these belated documents, they are not
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accepted as effective. Out of an abundance of caution, the Court has docketed the exhibits Mr.
Walker filed under seal. [Dkt. 259.] Plaintiff International Medical Group, Inc. has until July 8,
2011 to show cause why the seal should not be lifted.
In a letter dated June 30, 2011 Mr. Walker mailed to the Court a copy of a subpoena for
Joseph Logan Brougher that he apparently served on IMG’s counsel, and a $45 money order.
[Dkts. 258-2; 258-3.] Mr. Walker’s letter informs the Court that he is “unable to determine if
there are any other necessary fees related to issuing the subpoena to a party” and requests the
Court to “be so kind as to communicate this to me so I may address it immediately.” [Dkt. 2582.] While Court cannot provide legal advice to Mr. Walker, see Pliler v. Ford, 542 U.S. 225,
231 (2004) (“District judges have no obligation to act as counsel or paralegal to pro se litigants.”), the Court will treat Mr. Walker’s subpoena and money order as a request for issuance of
a subpoena pursuant to Federal Rule of Civil Procedure 45(a)(3). The Court ORDERS IMG to
provide notice by July 7, 2011 if it will accept service on behalf of Mr. Brougher.

07/05/2011
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution via Mail only:
Paul Walker
21a Sherborne Road
Yeovil, Somerset BA21 4HD
UK
Essential Health Ltd.
19 Sherborne Road
-2-

Yeovil, Somerset BA21 4HD
UK
Distribution via ECF only:
Margaret M. Christensen
BINGHAM MCHALE LLP
[e-mail]
James Patrick Hanlon
BAKER & DANIELS - Indianapolis
[e-mail]
Ryan Michael Hurley
BAKER & DANIELS - Indianapolis
[e-mail]
Carl R. Pebworth
BAKER & DANIELS - Indianapolis
[e-mail]
Joseph H. Yeager Jr
BAKER & DANIELS - Indianapolis
[e-mail]

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