COOK et al v. WILEY et al

Filing 119

ENTRY ON STATUS CONFERENCE OF OCTOBER 10, 2019. On October 10, 2019, the Court conducted a status conference in this action. Defendants appeared by counsel. Plaintiffs Cook, Grider, and Peacher participated pro se by video and Plaintiff Lainhart participated pro se by telephone. As a result of the conference, the Court issues the following rulings: Plaintiffs' motion to compel, dkt. [ 56 ], is granted to the extent that Defendants must produce the following (see Entry). Plaintiffs' motion for order to obtain affidavits, dkt. [ 64 ], is granted to the extent that Defendants represented that there is no policy preventing Indiana Department of Correction (IDOC) staff from providing statements or declarations to inmates for litigation purposes. The policy reportedly requires staff to notify the Warden if they do give statements or declarations to inmates. As will be discussed further in this Entry, if counsel is recruited, counsel will assist Plaintiffs in obtaining declarations o r conducting depositions, if the case does not settle before such discovery is needed. Plaintiffs' motion for assist ance with obtaining a court reporter, dkt. [ 69 ], is denied because the Court lacks the authority to do so. Plaintiffs' motion to grant motion to compel, dkt. [ 71 ], is granted to the extent consistent with the ruling in paragraph 1 of this Entry. Plaintiffs' motion for extension of time for discovery, dkt. [ 77 ], and Defendants' motion to extend discovery deadline, dkt. [[92 ]], are granted subject to the pretrial schedule being reset after a settlement conference that will be set by separate order. Discovery may proceed in the meantime. Plaintiffs' motion for leave to take depositions by interrogatories, dkt. [ 78 ], is denied as moot. Plaintiffs' motion to appear at depositions, dkt. [ 93 ], is granted. Defendants' motion for extension of time to respond to Plaintiffs' motion for summary judgment, dkt. [ 95 ], is granted to the extent that the deadline to respond will be reset, if necessary, after the settlement conference. Plaintiffs' motion for ruling on motion for summary judgment, dkt. [ 98 ], is denied as premature. Plaintiffs' motion to compel requests for production, dkt. [ 107 ], is granted to the extent consistent with the ruling in paragraph 1 of this Entry. Defendants' motion for in camera review, dkt. [ 117 ], is granted. The clerk is requested to include copy of the Court's Motion for Assistance with Recruiting Counsel with Plaintiffs' copies of this Entry. See Entry for additional information. Signed by Magistrate Judge Tim A. Baker. (Attachments: # 1 Blank Form - Mot ion for Assistance with Recruiting Counsel re: Edward C. Cook, # 2 Blank Form - Motion for Assistance with Recruiting Counsel re: Jason Grider, # 3 Blank Form - Motion for Assistance with Recruiting Counsel re: Kenneth Lainhart, # 4 Blank Form - Motion for Assistance with Recruiting Counsel re: Robert Peacher)(SWM)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA

_____Robert Peacher______________
Full name of plaintiff(s)

v.

Case No. 1:18-cv-3198-SEB-TAB

Charles Wiley, et al.
________________________________
Full name of defendant(s)

MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL
I request the court’s assistance recruiting counsel to represent me in this action.
(Note: You may attach additional pages to this motion.)
I.

Financial Status

Have you previously filed a “Request to Proceed in Forma Pauperis” (an IFP application)?
Please check the appropriate box below:
☐

I have previously filed an IFP application in this case, and it is a true and correct
representation of my current financial status.

☐

I have not previously filed an IFP application in this case and now attach an
original IFP application showing my financial status.

☐

I have previously filed an IFP application in this case, but my financial status has
changed. I have attached a new IFP application showing my current financial status.

II.

Attempts to Obtain Counsel

The law requires persons requesting assistance with recruiting counsel to first make a reasonable
attempt to obtain counsel on their own or demonstrate that they have been effectively precluded
from doing so. List all attorneys and/or law firms you have contacted to represent you in this
case and their responses to your requests. If you have limited access to the telephone, mail, or
other communication methods, or if you otherwise have had difficulty contacting attorneys,
please explain.
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III.

Ability to Litigate the Case

1)

Do you have any difficulty reading or writing English?

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2)

What is your educational background (including how far you went in school)?

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3)
Do you have any physical or mental health issues that you believe affect your
to litigate this case on your own? If so, what are they?

ability

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4)

Have you received any assistance with this case from others, including other
inmates? If so, describe the assistance you have received and whether you will
continue to receive it.

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5)

List any other cases you have filed without counsel, and note whether the Court
recruited counsel to assist you in any of those cases.

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6)
Describe any other factors you believe are relevant to your ability to litigate this
your own.

case on

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IV.

Requirements for the Recruitment of Counsel

By filing this motion, I agree to the following conditions:
·

While I set the objectives of the litigation, I acknowledge it is usually counsel’s choice as
to the strategies used to accomplish that objective.

·

I will fully cooperate with recruited counsel. If I do not do so, I understand that recruited
counsel may withdraw.

·

I understand that counsel is not responsible for paying the costs associated with my
lawsuit.

·

I understand that I am not entitled to free legal counsel and that recruited counsel may
require me to enter into a contingency fee agreement in order to represent me in this
action.

·

I understand that a portion of any monetary recovery (not to exceed 25%) may be used to
satisfy the amount of attorney’s fees awarded under 42 U.S.C. § 1988. This requirement
is imposed by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(d).

·

I understand that even if the Court grants this motion, I will receive counsel only if an
attorney volunteers to take my case and that there is no guarantee that an attorney will
volunteer to represent me.

·

I understand that if my answers in this motion or in my IFP application are false, I may
be subject to sanctions, including the dismissal of my case.

I declare under penalty of perjury that the foregoing is true and correct:

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Date

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Signature - Signed Under Penalty of Perjury