Marcum v. Duchak et al

Filing 130

DECISION AND ENTRY SUSTAINING PLAINTIFF'S MOTION FOR STAY OF PROCEEDINGS (DOC. # 120 ); OVERRULING PLAINTIFF'S REQUEST FOR PHOTOCOPIES (DOC. # 122 ); SUSTAINING DEFENDANT SHERIFF DAVE DUCHAK'S MOTION TO MODIFY THE CASE SCHEDULE (DOC. # 124 ); SUSTAINING PLAINTIFF'S MOTION FOR LEAVE TO FILE EXCESS PAGES AND TO ATTACH AN APPENDIX PERTAINING TO DISCOVERY ISSUES (DOC. # 127 ); VACATING AMENDED PRELIMINARY PRETRIAL ORDER (DOC. # 115 ); STAYING CASE THROUGH FEBRUARY 28, 2021; CONFE RENCE CALL SET FOR MARCH 3, 2021- For this reason, the Court SUSTAINS Plaintiff's Motion for Stay of Proceedings, Doc. #120, and Defendant's Motion to Modify the Case Schedule, Doc. #124. The Court, however, OVERRULES Plaintiff's Reque st for Photocopies, Doc. #122. The Court VACATES the Amended Preliminary Pretrial Order, Doc. #115, and STAYS the above-captioned case through February 28, 2021. If Mr. Marcum has not yet completed the MonDay portion of his sentence by that date, he shall notify the Court so that the stay can be extended. The Court will hold a conference call on March 3, 2021, at 4:30 p.m., to set further deadlines and a new trial date. Prior to that date, Plaintiff MUST notify this Court of his then-present add ress and phone number, in order that the Court might reach him at the above time. Failure to do so WILL result in the dismissal of this lawsuit with prejudice for failure to cooperate. Signed by Judge Walter H. Rice on 8/31/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)