IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 18, 2006
ADELE GLENN, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF IVAN L. LESTER, DECEASED, PLAINTIFF,
COVENANT CARE MIDWEST, INC., D/B/A CEDAR RIDGE HEALTHCARE CENTER, AND COVENANT CARE MIDWEST, INC., DEFENDANTS.
The opinion of the court was delivered by: Stiehl, District Judge
Before the Court is defendants' motion to dismiss for want of prosecution, or in the alternative, to amend the scheduling order and continue the trial date. (Doc. 12). Defendants allege that plaintiff has been uncooperative in responding to written discovery and scheduling depositions. The Court FINDS defendants' allegations insufficient to merit dismissal of the case for want of prosecution. The parties are directed to attempt to settle discovery disputes among themselves. If that proves impossible, either party may enter a motion to compel discovery pursuant to Federal Rules of Civil Procedure Rule 37.
Defendants' motion is DENIED in part and GRANTED in part. Defendants' motion to dismiss for want of prosecution is DENIED. Defendants' motion to amend the scheduling order is GRANTED. Defendants' motion to continue the trial date is DENIED. The magistrate judge is DIRECTED to enter a new scheduling order; however, the final pretrial conference set before Judge Stiehl shall remain scheduled for September 17, 2007, at 11:00 a.m., and the presumptive trial month shall remain October 2007.
IT IS SO ORDERED.
WILLIAM D. STIEHL DISTRICT JUDGE
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