Beasley v. Bednarz et al, No. 3:2012cv03022 - Document 10 (C.D. Ill. 2012)
Court Description: OPINION entered by Judge Sue E. Myerscough on 08/03/2012. SEE WRITTEN OPINION. Status conference set for August 13, 2012, cancelled. Plaintiff's 9 Motion to Appoint Counsel DENIED, with leave to renew. Deadlines and Hearings Set: Defenda nt's Answers due 8/14/2012, Initial Disclosure due by 10/12/2012, Plaintiff's Expert Disclosure due by 11/1/2012, Defendant's Expert Disclosure due by 12/3/2012, Discovery due by 4/1/2013, Dispositive Motions due by 5/1/2013, Final Pretrial Conference set for 12/2/2013 at 1:30 PM in Courtroom 1 in Springfield before Judge Sue E. Myerscough, Jury Trial set for 1/7/2014 at 9:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. (DM, ilcd)
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E-FILED Friday, 03 August, 2012 11:55:27 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION OTIS BEASLEY, ) ) ) ) ) ) ) ) ) Plaintiff, v. FORREST ASHBY, et al., Defendants. 12-CV-3022 OPINION SUE E. MYERSCOUGH, U.S. District Judge: Plaintiff, proceeding pro se and detained in the Rushville Treatment and Detention Center, pursues claims arising from deliberate indifference to his diabetes. This case is set for a conference on August 13, 2012, but the conference will be cancelled as unnecessary. All Defendants have been served, and there are no pending issues to discuss. IT IS THEREFORE ORDERED: 1) The status conference set for August 13, 2012, is cancelled. The clerk is directed to notify Plaintiff s prison of the cancellation. 1 2) The parties are reminded of their option to consent to proceed before a U.S. Magistrate Judge. (See attached form). 3) Defendants Answers are due August 14, 2012. 4) By October 12, 2012, the parties shall provide to each other the initial disclosures described in Fed. R. Civ. P. 26(a)(1)(i)-(ii). 5) Plaintiff shall disclose expert witnesses and expert testimony pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by November 1, 2012. 6) Defendants shall disclose expert witnesses and expert testimony pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by December 3, 2012. 7) Discovery closes April 1, 2013. 8) Dispositive motions are due May 1, 2013. 9) Plaintiff's detention limits him to written discovery. Written discovery must be served on a party at least 30 days before the discovery deadline. Discovery requests and responses are not filed with the court, unless there is a dispute regarding such discovery. See CDIL-LR 26.3. 2 Motions to compel discovery must be accompanied by the relevant portions of the discovery request and the response. Additionally, except for good cause shown, motions to compel must be filed within 14 days of receiving an unsatisfactory response to a timely discovery request. 10) A final pretrial conference is scheduled for December 2, 2013, at 1:30 p.m.. Defendants counsel shall appear in person. Plaintiff shall appear by video. The parties are directed to submit an agreed, proposed final pretrial order at least 14 days before the final pretrial conference. 11) The jury trial is scheduled on the Court s trailing trial calendar for January 7, 2014, at 9:00 a.m. before this Court in Springfield, Illinois. The actual date for jury selection and jury trial will be finalized at the final pretrial conference. 12) Plaintiff s motion for counsel is denied (d/e 9), with leave to renew. The Court cannot require an attorney to accept pro bono appointment on a civil case such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). Based on a review of Plaintiff s filings, the Court concludes at this point that Plaintiff appears competent to proceed pro 3 se, given the nature of his claims. Id. at 654-55 (7th Cir. 2007)( [G]iven the difficulty of the case, does the plaintiff appear competent to litigate it himself?"). Plaintiff has personal knowledge of many of the relevant events and should be able to obtain medical records corroborating his medical condition and the treatment that he was receiving. Plaintiff s filings thus far have effectively communicated the factual basis for his claims, though he does not appear to have any prior experience litigating in federal court. Plaintiff may renew his motion upon attaching documents showing the grade level at which he is performing (if he has any documentation) and documentation regarding his mental disorders. ENTERED: August 3, 2012 FOR THE COURT: s/Sue E. Myerscough SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE 4
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