Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
Michael Thomas, #B-71744 v. Dr. Fuentes
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 10, 2011
MICHAEL THOMAS, #B-71744, PLAINTIFF,
DR. FUENTES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Williams, Magistrate Judge:
MEMORANDUM AND ORDER
Before the Court is Plaintiff's Motion to Compel Discovery for
Defendants Flatt, Todaro, and Platt (Doc. 94). Specifically, Plaintiff
seeks numerous discovery requests from Defendants which they had
originally objected to or didn't provide complete answers, in
Plaintiff's opinion, to his Request for Production of Documents,
Request for Interrogatories directed to Defendant Stephen Platt,
Request for Interrogatories directed to Defendant Derek Flatt, and
Request for Admissions. Defendants have filed a Response (Doc. 97)
stating that they have supplemented some of their previous answers
with the information Plaintiff is seeking. They also state that some
of the information Plaintiff seeks can be found in his medical records
which he has access to and object to the remaining requests for
various reasons. Plaintiff has filed a Reply brief to his motion (Doc.
98). The Court notes, however, that the majority of the requests that
are at issue in Plaintiff's motion deal with substantive issues
related to the case. As several motions to dismiss and summary
judgment for failure to exhaust are still pending before the Court,
all discovery other than discovery on the issue of exhaustion of
remedies has been automatically stayed (See Doc. 61).*fn1
Substantive discovery will not resume until final ruling by
District Judge Reagan on the Report and Recommendation issued by the
undersigned and final ruling on the Motion to Dismiss and Motions for
Summary Judgment filed by Defendants which raise the issue of
exhaustion. Therefore, Plaintiff's substantive discovery requests and
thus his motion to compel is premature. The Court does note that
paragraph #8 of Flatt's Interrogatories is related to the issue of
administrative exhaustion but the matter raised in Plaintiff's request
has no bearing on the Pavey hearing recently held or the ruling issued
by this Court in its Report and Recommendation. Thus, the Court DENIES
without prejudice Plaintiff's Motion to Compel Discovery (Doc. 94).
Should Plaintiff's claims survive the exhaustion stage, Plaintiff may
again seek substantive discovery at that time and re-raise any issues
he has with the discovery being provided by the remaining Defendants.
IT IS SO ORDERED.
STEPHEN C. WILLIAMS United States Magistrate Judge
Buy This Entire Record For