United States District Court, S.D. Illinois
October 6, 2005.
DAVID WILHOLD, Plaintiff,
KRIS GEBKE, MADISON COUNTY, ILLINOIS, ROBERT HERTZ, Sheriff of Madison County, Illinois, SERGEANT HILL, individually and as an employee of the Madison County Sheriff's Department, and OFFICER YOUNG, individually and as an employee of the Madison County Sheriff's Department, Defendants.
The opinion of the court was delivered by: CLIFFORD PROUD, Magistrate Judge
Before the Court is plaintiff Wilhold's Motion to Quash Notices
of Deposition propounded by defendants on or about July 19, 2005.
(Doc. 29). Plaintiff correctly notes that the discovery
deadline was July 8, 2005. (See 6/22/2005 docket entry).
Leave to extend the discovery cutoff and/or dispositive motion
deadline was not sought, and there is no evidence of a written
agreement between the parties to extend discovery. Therefore,
plaintiff stands on sound footing in objecting to defendants'
attempt to conduct additional discovery.
IT IS THEREFORE ORDERED that plaintiff's motion to quash
three deposition notices propounded by defendants (Doc. 29) is
GRANTED. The notices of the depositions of Diana Wilhold,
Phillip Wilhold and Donna Wilhold are hereby QUASHED.
IT IS SO ORDERED.
Before the Court is plaintiff Wilhold's motion to continue the
October 31, 2005, trial setting in light of plaintiff's recent
surgery and the need to conduct additional discovery relative to
that surgery and any revised prognosis. (Doc. 32). After
consultation with U.S. District Judge Michael J. Reagan, it is
agreed that a limited amount of additional discovery is
warranted and, therefore, a revision of the trial setting is
IT IS THEREFORE ORDERED that plaintiff's motion (Doc. 32)
is GRANTED. The following schedule shall control:
1. Discovery is reopened through December 7, 2005,
and shall be limited to plaintiff's recent surgery
and any revised prognosis;
2. All dispositive motions shall be filed on or
before December 22, 2005;
3. A settlement conference is set before Judge Proud
on March 1, 2006, at 9:30 a.m.; settlement
statements are due February 17, 2006; 4. A final pretrial conference is set before Judge
Reagan on March 31, 2006, at 10:00 a.m.; and
5. Trial is set to commence April 17, 2006.
IT IS SO ORDERED.
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