United States District Court, S.D. Illinois
G. WILKERSON, United States Magistrate Judge
pending before the Court are Plaintiff's Motion to Compel
(Doc. 90), Motion for Leave to Amend the Complaint (Doc. 93),
and Plaintiff's Motion to Strike his deposition (Doc.
99). For the reasons set forth below, Plaintiff's Motion
to Compel is GRANTED. Plaintiff's Motion
for Leave to Amend and Motion to Strike are both
and Factual Background
March 11, 2015, Plaintiff Robert Stoces filed a complaint
asserting claims under the Eighth Amendment and Illinois
state law against three health care providers and Wexford
Health Services (Doc. 1). The Court conducted a merits
review as required by 28 U.S.C. § 1915A, and allowed
Stoces to proceed on the following claims:
Count 1: Deliberate Indifference to a
Serious Medical Need
Count 2: Conspiracy
Count 3: Malpractice/Negligence
18, 2015 the Court granted Stoces' Motion to Amend his
Complaint correcting the location of the incidents from
Lawrence Correctional Center to Logan Correctional Center
(Doc. 19). The Court subsequently granted Stoces' Motion
to Appoint Counsel and assigned attorney Jason Andrew
Charpentier to represent him (Doc. 47). Stoces' attorney
filed a Second Amended Complaint alleging deliberate
indifference and medical negligence, but did not include a
conspiracy claim (Doc. 56).
August 1, 2017, after conferring with Plaintiff's
counsel, Defendants notified Plaintiff his deposition would
be taken on August 30, 2017 (Doc. 77; Doc. 101, p. 1). On the
day scheduled for deposition, however, Stoces' counsel
filed a motion to withdraw resulting in Defendants cancelling
the scheduled deposition (Doc. 101, p. 2).
hearing was held and the Motion to Withdraw was granted (Doc.
81). Mr. Charpentier was directed to provide Stoces with a
copy of his case file by September 25, 2017 (Doc. 82). Stoces
subsequently filed the pending Motion to Compel, asking the
Court to order his former attorney to provide him with
documents he believes are missing from the records he was
provided (Doc. 90, p.1).
October 6, 2017, Defendants served Stoces another notice of
deposition, setting the deposition for fourteen days later on
October 20, 2017 (Doc. 101, p. 2). A deposition was taken of
Stoces at Lawrence Correctional Facility on that date.
Plaintiff has filed the pending Motion to Strike his
deposition testimony on the grounds he was given insufficient
notice of the deposition, was not represented by counsel, and
complaining about the conduct of Defendants' counsel
during the deposition (Doc. 99, pp. 1-3).
November 20, 2017, Stoces filed the pending Motion to Amend
requesting leave to amend his complaint for the third time,
in order to allow him to reinstitute ...