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Thompson v. Criss

United States District Court, S.D. Illinois

July 10, 2014

DENNIS THOMPSON, Plaintiff,
v.
J. TOURVILLE and K. CRISS, Defendants.

ORDER

DONALD G. WILKERSON, Magistrate Judge.

Now pending before the Court are a number of motions filed by Plaintiff:

1. Motion for Issuance of a Subpoena, filed on February 6, 2014 (Doc. 52)
2. Motion for Leave to Conduct Additional Discovery, filed on February 10, 2014 (Doc. 57)
3. Motion to Compel Discovery, filed on February 27, 2014 (Doc. 67)
4. Motion to Compel Appropriate Services, filed on March 28, 2014 (Doc. 78)
5. Motion for Leave to File Second Amended Complaint, filed on April 21, 2014 (Doc. 86)

Motion for Issuance of a Subpoena (Doc. 52)

In this Motion, Plaintiff seeks an Order of this Court issuing a subpoena to the Warden of Menard Correctional Center to obtain his clothing records. Plaintiff asserts that the purpose of his Motion is to establish that he is provided a large jumpsuit, and will demonstrate it is obvious he needs to be double cuffed. The Clerk must issue subpoenas on a request of a party. FED. R. CIV. P. 45(a)(3). However, the Court has an obligation to protect persons subject to a subpoena and may preview subpoenas in order to ensure that the Court's subpoena power is not being abused. FED. R. CIV. P. 26(b)(2)(C), 45(c); Marozsan v. United States, 90 F.3d 1284, 1290 (7th Cir. 1996). As such, this Motion is GRANTED IN PART, and the Clerk is DIRECTED to provide Plaintiff with the requested number (1) of subpoena forms, blank and unsigned. Plaintiff shall complete the forms and submit them to the Court for review. Plaintiff shall take appropriate steps to avoid imposing undue burden or expense on a person subject to subpoena and shall restrict his requests to information that is relevant to the claims or defenses.

Motion for Leave to Conduct Additional Discovery (Doc. 57)

Plaintiff seeks leave of Court to serve an additional 15 interrogatories on Defendant Tourville in the event that the Court granted Defendant Tourville's Motion to Amend his Answer (Doc. 55). The Court notes that, on February 19, 2014, Defendant Tourville was granted leave to file an amended answer (Doc. 61), which was filed thereafter (Doc. 62).

Rule 33 limits the number of interrogatories a party may serve without leave of court or written stipulation. FED. R. CIV. P. 33(a) ("Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 25 in number including all discrete subparts[.]"). However, Rule 33 also deems that "leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26(b)(2)[.]" Id. Rule 26(b)(2) states: "By order, the court may alter the limits in these rules on the number of depositions and interrogatories[.]" Fed.R.Civ.P. 26(b)(2). Because of Plaintiff's pro se status, and his request to serve interrogatories tailored to Defendant's Amended Answer, the Court is inclined to grant his request for additional interrogatories. As such, Plaintiff's request to serve 15 additional interrogatories on Defendant Tourville is GRANTED. Plaintiff SHALL serve up to 15 additional interrogatories by July 28, 2014.

Motion to Compel Discovery (Doc. 67)

In this Motion, Plaintiff seeks to overrule Defendant Criss' objections to Interrogatory 11 and Interrogatory 19. Defendant filed a Response to Plaintiff's Motion to Compel (Doc. 72). The Court's ...


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