United States District Court, S.D. Illinois
SCHEDULING, DISCOVERY, AND MAGISTRATE JUDGE REFERRAL
M. YANDLE UNITED STATES DISTRICT JUDGE.
case is now past the threshold review of the complaint under
28 U.S.C. § 1915A, and Defendants have answered. The
issue of exhaustion of administrative remedies was raised as
an affirmative defense, but Defendants did not file
dispositive motions by the court-imposed deadline of July 30,
2019 or request an extension of the deadline. (Doc. 25, pp.
3-4). This affirmative defense is deemed withdrawn by
Defendants, and the previously imposed stay on merits
discovery is lifted.
party is limited to serving 15 interrogatories, 15 requests
for production of documents, and 10 requests for admission.
On motion, these limits may be increased for good cause
interrogatories, requests for production of documents, or
requests for admissions shall be served so as to allow the
answering party the full thirty-day period provided by the
Federal Rules of Civil Procedure in which to respond.
parties are reminded that discovery requests must be made in
accordance with Federal Rule of Civil Procedure 26(b): the
parties should only “obtain discovery regarding any
non-privileged matter that is relevant to any party's
claim or defense and proportional to the needs of the
case.” D. Defendants are given leave to depose
Plaintiff pursuant to Federal Rule of Civil Procedure
30(a)(2). Defendants shall serve any Rule 30 notice upon
Plaintiff at least 2 weeks prior to the date
of a deposition. Plaintiff is informed that he must cooperate
in the taking of his deposition. It is appropriate and proper
for defense counsel to take a Plaintiff's deposition and
to ask questions even if Plaintiff is not represented by
counsel. The failure to cooperate in the taking of a
deposition by, for example, refusing to answer appropriate
questions, may result in sanctions, including the dismissal
of this lawsuit. Plaintiff is directed to review Federal Rule
of Civil Procedure 30.
discovery must be completed by June 5, 2020.
Pursuant to Federal Rule of Civil Procedure 26(e), the
parties are under an ongoing obligation to supplement the
disclosures and production in this case. Failure to
timely disclose or supplement discovery in this case may
result in sanctions, including being prohibited from using
the undisclosed information or witness.
F. If a
motion to compel discovery pursuant to Rule 37 is filed, the
party filing the motion also shall submit the discovery
requests and responses (if any) at issue.
Court encourages the parties to conduct discovery in a timely
manner. Motions for extension of the discovery deadline filed
on or shortly before a deadline are disfavored.
dispositive motion on the merits of Plaintiff's claims
shall be filed by July 6, 2020.
Plaintiff is WARNED that the failure to respond to a
dispositive motion may result in an Order granting summary
judgment and terminating this matter.
Daubert motions (seeking to exclude expert
testimony/evidence) shall be filed by July 6,
2020. The parties are WARNED that
Daubert motions not filed in accord with this
deadline will be denied as untimely-filed.