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Stoces v. Obasi

United States District Court, S.D. Illinois

January 2, 2018

ROBERT STOCES, Plaintiff,
v.
SALEH OBASI, DR. JILL WAHL, DENNIS LARSON, and WEXFORD HEALTH SOURCES, INC., Defendants.

          ORDER

          DONALD G. WILKERSON, United States Magistrate Judge

         Now 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 DENIED.

         Procedural and Factual Background

         On 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[1] (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

(Doc. 6).

         On June 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).

         On 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).

         A 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).

         On 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).

         On 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 ...


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