Sobberi v. Wallace et al

Filing 72

AMENDED MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff's motion for temporary restraining order (#67) against JCCC is DENIED. IT IS FURTHER ORDERED that defendant shall provide to plaintiff a copy of plaintiffs complete medical and m ental health file by June 24, 2019, and counsel for defendant shall verify with JCCC that the file was actually received by the plaintiff. IT IS FINALLY ORDERED that the following deadlines shall be set: All discovery shall be completed by July 1, 2019. Dispositive motions shall be filed by August 1, 2019.Any responses and replies to dispositive motions shall be filed on August 29 and September 13, respectively Signed by District Judge Stephen N. Limbaugh, Jr on 6/24/19. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

CASEY SOBBERI,
Plaintiff,
vs.
MATTHEW HOWARD,
Defendant.

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Case No. 1:16CV60 SNLJ

AMENDED MEMORANDUM and ORDER
On March 19, 2019, this Court ordered defendant to report to the Court regarding
plaintiff’s housing status and his access to legal materials. Counsel was also ordered to
propose new deadlines for discovery and dispositive motions based on plaintiff’s ability to
access his legal materials.
Defendant filed his responsive memorandum on April 2 and reported that plaintiff is
in Administrative Segregation (“AdSeg”) and that he is permitted to have approximately
3,000 pages of legal documents with him in AdSeg. Plaintiff is able to make exchanges of
documents should he have additional documents in storage while he is in AdSeg.
Plaintiff next filed another motion for temporary restraining order (#67), this time
stating that the Jefferson City Correctional Center (“JCCC”) had thrown away all of his
legal documents pertaining to this case. He seeks an order against JCCC and its officers,
case managers, wardens, and unidentified others “so that my legal materials stop
disappearing.” He wants an order requiring JCCC to make him another copy of his
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complete medical and mental health file at no charge; barring that, he asks for an order
requiring the Attorney General (who represents defendant in this case) to do so.
This Court has no jurisdiction over JCCC or its officers, case managers, and
wardens because they are not parties to this case. This Court does have jurisdiction over
defendant Howard (although it is unclear whether he is still employed by the Missouri
Department of Corrections). To the extent defendant Howard and/or his attorneys have
custody or control over plaintiff’s complete medical and mental health file, they shall
provide a copy of it to the plaintiff.
Next, the Court addresses defendant Howard’s proposed schedule for the
continuation of this case. The Court will adopt the schedule as set forth below.

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Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for temporary restraining order
(#67) against JCCC is DENIED.
IT IS FURTHER ORDERED that defendant shall provide to plaintiff a copy of
plaintiff’s complete medical and mental health file by June 24, 2019, and counsel for
defendant shall verify with JCCC that the file was actually received by the plaintiff.
IT IS FINALLY ORDERED that the following deadlines shall be set:
All discovery shall be completed by July 1, 2019.
Dispositive motions shall be filed by August 1, 2019.
Any responses and replies to dispositive motions shall be filed on August 29 and
September 13, respectively.

Dated this 24th day of June, 2019.

UNITED STATES DISTRICT JUDGE

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