United States District Court, C.D. Illinois, Springfield Division
EDWARD W. HEBELER, Plaintiff,
M.D. ROSALINA GONZALES and DR. HUGHES P. LOCHARD, Defendants.
U.S. MAGISTRATE JUDGE.
SCHANZLE-HASKINS UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on Plaintiff Edward W.
Hebeler’s Motion for Default Judgment (d/e 36) (Motion)
against Defendant Dr. Rosalina Gonzales. Defendant Hughes P.
Lochard, M.D. has filed a Response (d/e 39) (Response)
objecting to the Motion. For the reasons stated below the
Motion is denied.
filed his Complaint on December 20, 2013. At the time the
events alleged in Plaintiff’s Second Amended Complaint
(d/e 19) occurred, Plaintiff was an inmate at the Taylorville
Correctional Center located in Taylorville, Illinois. Drs.
Rosalina Gonzales (Gonzales) and Hughes P. Lochard (Lochard)
were physicians employed by Wexford Health Sources, Inc.
which provided medical services to inmates at Taylorville
Correctional Center during the time period alleged in the
Plaintiff alleges that on June 29, 2011, he injured his left
knee. Plaintiff contends that Gonzales and Lochard were
deliberately indifferent to a serious medical condition
caused by his knee injury and that he sustained serious
injuries which could have been prevented had he received
proper treatment at the outset of his knee injury.
March 28, 2014, U.S. District Judge Sue Myerscough granted
Plaintiff’s motion for appointment of counsel (Merit
Review Opinion, d/e 7) and appointed Edward T. Graham, Jr. to
represent Plaintiff pursuant to the Plan for Appointment of
Counsel for Indigent Parties.
answered the Second Amended Complaint (Answer, d/e 20)
denying liability for Plaintiff’s injury.
of service showing service on Gonzales was filed on July 1,
2015 (d/e 23). The proof of service indicates that summons
was served on Gonzales on June 23, 2015 by leaving a summons
at her residence or usual place of abode with her son, a
person of suitable age and discretion who resides there. The
private process server who filled out the proof of service
indicated that he mailed a copy to Gonzales’ last known
October 28, 2015, counsel for Lochard filed a Motion for
Leave to Depose Artelino Gonzales (d/e 35), the son of
Defendant Rosalina Gonzales. Counsel for Lochard acknowledged
that he had represented Gonzales in another matter and had
been unsuccessful in making contact with Gonzales who now
lived in the Philippines. Counsel for Lochard indicated he
had not been able to reach Artelino Gonzales since September
15, 2015, and Artelino Gonzales had been uncooperative in
assisting counsel in locating Defendant Gonzales.
Lochard’s counsel indicated he could not state with any
certainty to the Court whether Gonzales was aware of this
lawsuit. Defense counsel was unable to depose Artelino
Gonzales in this case.
Lochard’s Response (d/e 39) to the instant Motion (d/e
36), counsel for Lochard objected to the default alleging
that no service had been perfected against Gonzales in this
litigation and default could adversely affect the outcome of
to Lochard’s Response was a deposition of Artelino
Gonzales taken in Trimble v. Gonzales, Case
#13-cv-3133, on December 29, 2015 (d/e 39-3).
has filed a Motion for Default Judgment (d/e 36) (Motion).
The Court will treat Plaintiff’s Motion for Default
Judgment as a Motion for Default pursuant to Central District
of Illinois, Springfield Division, Standing Order for Seeking
and Obtaining a Default Judgment. The Plaintiff’s Motion
alleges that the Defendant has failed to make any appearance
or responsively ...