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Scott v. Godinez

United States District Court, S.D. Illinois

March 25, 2014

BENJAMIN K. SCOTT, Plaintiff,
v.
MARSHA WOOD, RICHARD LYNCH, ANGELA WINSOR, and S.A. GODINEZ, Defendants.

ORDER

DONALD G. WILKERSON, Magistrate Judge.

Now pending before the Court are the Motion to Compel and For Sanctions filed by Defendants, Richard Lynch, Angela Winsor, and S.A. Godinez, on December 23, 2013 (Doc. 43), the Motion to Compel and for Sanctions filed by Defendant Marsha Wood, on December 30, 2013 (Doc. 48), the Motion to Dismiss, Terminate, Strike, and for Sanctions filed by Plaintiff, Benjamin K. Scott, on February 11, 2014 (Doc. 53), the Motion for Extension of Time filed by Plaintiff on March 24, 2014 (Doc. 56), the Motion for Extension of Time to Complete Discovery filed by Defendants, Godinez, Lynch, and Winsor, on March 24, 2014 (Doc. 57), and the Motion for Extension of Time to Complete Discovery filed by Defendant Wood on March 24, 2014 (Doc. 58). For the reasons set forth below, Defendants' Motions to Compel and for Sanctions (Docs. 43 and 48) are GRANTED IN PART, Plaintiff's Motion to Dismiss, Terminate, Strike and for Sanctions (Doc. 53) is DENIED, Plaintiff's Motion for Extension of Time (Doc. 56) is DENIED, and Defendants' Motions for Extension of Time (Doc. 57 and 58) are GRANTED.

BACKGROUND

On October 1, 2013, Defendants[1] issued a notice of deposition upon the parties, noticing Plaintiff's deposition for November 27, 2013 at 10:00 a.m. The deposition was to take place at the Sheridan Correctional Center, where Plaintiff is currently incarcerated. The deposition occurred as scheduled; however, Plaintiff provided non-responsive answers to various questions that are relevant to this lawsuit. For example:

Q. Yeas. So you're comfortable reading and writing that you would understand if I showed you a document in English today?
A. It's plausible.
Q. Okay. And we're currently at Sheridan Correctional Center, is that right?
A. Yes.
Q. And can you tell me, you know, where you were before that?
A. Where I was before this?
Q. Um-hum.
A. The Henry Hill Correctional Center.
Q. Okay. And before ...

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