REAVES v. ULLMAN et al

Filing 30

ORDER granting 29 Motion to Withdraw Affirmative Defense of Failure to Exhaust Administrative Remedies and Setting Pretrial Schedule. (See Order.) Signed by Judge Larry J. McKinney on 3/6/2017. (LDH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KEVIN REAVES,

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Plaintiff,
vs.
INDIANA DEPARTMENT OF
CORRECTION,
Defendant.

No. 1:16-cv-02741-LJM-DKL

Entry Granting Withdrawal of Exhaustion Defense
and Setting Pretrial Schedule
I.
The defendants’ motion to withdraw affirmative defense of failure to exhaust
administrative remedies [dkt. 29] is granted. The affirmative defense of failure to
exhaust administrative remedies is withdrawn.
II.
The action shall proceed in accordance with the following schedule:
A. No later than March 27, 2017

– Any party who wants to amend its

Complaint, Answer, or other pleading must file a motion requesting
permission to do so, with a proposed amended pleading attached thereto.
This includes trying to add new parties to the suit.
B. No later than April 19, 2017 – Each party must give the other parties a list
(with addresses and telephone numbers) of every witness who has
knowledge that could help prove that party’s claims or defenses. For each

witness the party lists, there should be a brief description of what that witness
knows. This list shall NOT be filed with the Court.
C. No later than April 19, 2017 – Each party must give the other parties copies
of all documents or electronic data that the party has that it may use to prove
its case. The copies of documents shall NOT be filed with the Court.
D. No later than April 19, 2017 – The Plaintiff must give the Defendant(s) a
written estimate of how much money the Plaintiff claims he is entitled to for
any injuries or damages the Plaintiff claims to have suffered. At that time, the
Plaintiff must also give the Defendant(s) all non-privileged documents that
support that estimate, including those that might prove the nature and the
extent of the Plaintiff’s injury. This estimate and the documents are NOT filed
with the Court.
E. The parties must update the information and documents that they provided to
each other under Paragraphs B-D above as additional information becomes
available to them. The Court may prevent a party from using evidence that it
has not shared with the other side.
F. No later than July 5, 2017 - The Plaintiff shall serve on the Defendant(s) his
settlement demand, explaining on what terms or amount of money he would
agree to resolve this case without further litigation. The Defendant(s) must
respond in writing within 30 days. Neither the Plaintiff’s demand nor the
Defendant’s response shall be filed with the Court.
G. No later than August 4, 2017 - Each party must notify the Court whether the
party believes a settlement conference with the Magistrate Judge would be

beneficial in resolving the action. This submission should not contain any
information regarding settlement discussions between the parties, but should
simply state whether or not the party wishes to have a formal settlement
conference.
H. No later than September 5, 2017 - The parties shall complete written
discovery and discovery depositions pursuant to Rules 26 through 37 and 45
of the Federal Rules of Civil Procedure. This means discovery must be
served 30 days before the deadline to allow time for a response.
I. No later than July 5, 2017 – Each party must tell the other parties if it intends
to use any testimony by expert witnesses. At that time, if a party intends to
use an expert, it must give the other party a signed report from the expert that
presents all the witness’ opinions and all the other information required by
Federal Rule of Civil Procedure 26(a)(2). Thirty days later, the other side
must file a report by any rebuttal expert.
J. No later than October 5, 2017– Any party who believes that there is no
genuine issue as to any material fact and that it is entitled to judgment as a
matter of law, and therefore the case does not need to go to trial, must file its
motion under Federal Rule of Civil Procedure 56 and Local Rule 56-1.
K. If the case is not resolved by settlement, motion, or other ruling, the Court will
set a trial date.
IT IS SO ORDERED.

3/6/2017
Date: __________________

________________________________
LARRY J. McKINNEY, JUDGE
United States District Court
Southern District of Indiana

Distribution:
KEVIN REAVES, 161700
CORRECTIONAL INDUSTRIAL FACILITY
Electronic Service Participant – Court Only
Electronically registered counsel