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Fonseca v. Nelson

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 5, 2009

ARNULFO FONSECA, PLAINTIFF,
v.
CHARLES DAVID NELSON, KEITH BROWN, KEN CLORE, RANDY BUTLER, MIKE JONES, TODD FORT, STEVE SLOAN, SALINE COUNTY, SHERIFF'S OFFICE OF SALINE COUNTY, AND STATE'S ATTORNEY'S OFFICE OF SALINE COUNTY, DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is Plaintiff's Motion for Sanctions as to Defendant C. David Nelson Pursuant to Rule 37. (Doc. 178). Defendant Nelson filed a response at Doc. 183.

Plaintiff seeks sanctions because defendant Nelson has not made pretrial disclosures of the witnesses and exhibits he intends to use at trial, pursuant to Fed.R.Civ.P. 37(a)(3). That Rule requires that such disclosures be made at least 30 days before trial, "unless the court orders otherwise." By virtue of SDIL-LR 16.2(b), this Court has set a different schedule for the disclosure of trial witnesses and exhibits. See also, this District's website at www.ilsd.uscourts.gov.

For the foregoing reasons, Motion for Sanctions as to Defendant C. David Nelson Pursuant to Rule 37 (Doc. 178) is DENIED.

IT IS SO ORDERED.

CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

20091005

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