Chavez v. Mahone et al
| Francisco Chavez |
| Sylivia Mahone, Arthur D Funk, Birkel and Roger E Walker |
| 1:2008cv01276 |
| October 14, 2008 |
| US District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| Tazewell |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
106
CASE MANAGEMENT ORDER entered by Judge Michael M. Mihm on 5/6/2011. The Plaintiffs motion to supplement his witness list and his exhibit list is granted as noted in this order [d/e 100]; The Plaintiffs motion for a copy of local rules is denied as mo ot [d/e 101]; The Plaintiffs motion to waive witness fees is denied 102 ; The clerk of the court is to immediately provide the parties with a copy of the questionnaire sent to potential jurors. Both parties must provide a copy of any additional ques tions they would like the court to ask the jurors. The parties should also provide the court with a proposed statement of the case, a complete set of proposed jury instructions and a list of all witnesses with each witness listed once. This informati on must be filed on or before Wednesday, July 27, 2011. If the Plaintiff wishes to file a motion to reconsider the courts February 28, 2011 order granting summary judgment, he must file his motion within the next 14 days (misd ddl 5/20/2011). To avo id potential confusion, the clerk of the court is directed to change the caption of this case to Chavez v. Birkel. The jury trial in this matter is set for August 1, 2011 at 8:45 a.m. in Courtroom B in the United States Federal Courthouse in Peoria, Illinois. The clerk of the court isto issue a writ for the Plaintiffs personal appearance at trial. The clerk of the court is also directed to issue a video writ for the witnesses in the order, date and time stated during the pretrial conference. Th e parties are to submit a revised pretrial order to the court on or before July 15, 2011 that includes only the changes made to the witness and exhibit list during the pretrial hearing. In addition, the order should reflect that Witness Dr. Mahonewill appear by video conferencing and no subpoenas will be issued for witnesses Dr. Zhang, Dr. Sharif or Pamela McKenzie for the reasons stated in this order.(RK, ilcd)
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Filing
97
SUMMARY JUDGMENT ORDER granting Entered by Judge Michael M. Mihm on 2/28/2011. IT IS THEREFORE ORDERED that: 1) Defendant Mahone's motion for summary judgment is granted pursuant to Fed.R. Civ. P. 56. [d/e 80]. The Clerk of the Court is directed to dismiss Defendant Mahone. The parties are to bear their own costs. 2) The Plaintiff has one surviving claim: Defendant CMT John Birkel violated his Eighth Amendment rights when he was deliberately indifferent to the Plaintiff's serious medic al condition. If Defendant Birkel wishes to file a motion for summary judgment he must file his motion within 21 days of this order. 3) A final pretrial conference is scheduled for May 5, 2011 at 11:30 a.m.by video conference. The clerk is to issue a writ for the parties participation in thevideo conference.4) The defendants' attorney(s) is reminded that she bears the responsibility forpreparing the final pretrial order pursuant to Local Rule 16.3-4(H). See Appendix 2to Local Rules for a sa mple form. www.ilcd.uscourts.gov/local rules. Theproposed order must include (1) the name, prison number, and place ofincarceration for each inmate to be called as a witness; 2) the name and place of employment for each Illinois Department of Correct ions employee to be called as a witness; and 3) the names and addresses of any witnesses who are not inmates orIDOC employees for whom a party seeks a trial subpoena. The party seeking thesubpoena must provide the witness fee and mileage fee to such witness and isresponsible for service of the subpoena under Fed. R. Civ. P. 45. (cc: Plaintiff) (KB, ilcd)
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Filing
42
ORDER entered by Judge Harold A. Baker on 9/25/09granting 38 Motion For Leave to File Amended Complaint. (See Order). (cc: plaintiff) (MSB, ilcd)
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