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- ilcd;;1:16-cv-01312_de51 RegisterActionDate "2017-06-30" @default.
- ilcd;;1:16-cv-01312_de51 RegisterActionDescriptionText "TEXT ORDER entered by Judge Sara Darrow on 6/30/17. Defendant 0AD1BE9 filed a Motion for Leave to File a Motion for Summary Judgment on the Issue of Failure to Exhaust Administrative Remedies 35 . Defendant 0AD1BE9 cites a "calendaring error" as the reason for missing the relevant deadline set in the Court's Scheduling Order 29 . Rule 6 of the Federal Rules of Civil Procedure permits a court to extend a deadline for good cause "on motion made after the time has expired if the party failed to act because of excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). "Neglect is generally not excusable when a party should have acted before the deadline." Flint v. City of Belvidere, 791 F.3d 764, 768 (7th Cir. 2015). The 30-day deadline was clearly set forth in the Court's Scheduling Order. See 29 , paragraph 2. That Order did not substantially differ from the standard order entered in all prisoner cases in this district, and Defendant has not provided any other reason why a motion for additional time could not have been filed before the deadline. In addition, Plaintiff correctly points out that Defendant 0AD1BE9 previously failed to comply with the deadline for filing his Answer without explanation. Therefore, the Court finds that the calendaring error alleged is not sufficient to show excusable neglect. Defendant's Motion 35 is DENIED. Plaintiff filed a Motion for Court Order... to Procure Affidavits from Witnesses 38 . Plaintiff seeks a court order that would allow him to communicate via mail, phone, or in person with two (2) prison officials who are not parties to this action and a current inmate for purposes of obtaining witness affidavits. Plaintiff does not describe these witnesses expected testimony or how their testimony may be relevant. Generally speaking, the Court is not in a position to dictate exceptions to prison rules that prohibit certain types of communication. Therefore, Plaintiff's motion 38 is DENIED. Should a trial be necessary, the Court will make attempts to ensure the appearance of any witness Plaintiff names. Plaintiff's Motion for Status 40 is GRANTED. This Order addresses all pending motions. (KM, ilcd) (Entered: 06/30/2017)" @default.
- ilcd;;1:16-cv-01312_de51 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01312_de51 hasJudgeReference SJ001510 @default.
- ilcd;;1:16-cv-01312_de51 hasReferenceToOtherEntry ilcd;;1:16-cv-01312_de38 @default.
- ilcd;;1:16-cv-01312_de51 hasReferenceToOtherEntry ilcd;;1:16-cv-01312_de45 @default.
- ilcd;;1:16-cv-01312_de51 hasReferenceToOtherEntry ilcd;;1:16-cv-01312_de48 @default.
- ilcd;;1:16-cv-01312_de51 hasReferenceToOtherEntry ilcd;;1:16-cv-01312_de50 @default.