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- ilcd;;3:16-cv-03332_de121 RegisterActionDate "2019-10-04" @default.
- ilcd;;3:16-cv-03332_de121 RegisterActionDescriptionText "Minute Entry for proceedings held before Judge James E. Shadid: Parties present via telephone Plaintiff ED8792E, Atty Jeff Katz, and Joanna Kopczyk as well as Dft's Atty Lindsay VanFleet for a Status Conference on Friday, 10/4/2019. Plaintiff's counsel has filed a motion to withdraw, and Plaintiff opposes the motion. 83 . Counsel was appointed pursuant to the Central District's Plan for Recruitment of Counsel for Indigent Parties, but counsel has learned Plaintiff is not indigent. Plaintiff admits he has agreed to pay another attorney a total of $10,000 for representation in another matter, and his Trust Fund Ledgers indicate he has been able to make regular payments. However, Plaintiff says family and friends have sent the money to him only for that lawsuit, and he can't afford a second attorney. Regardless, Plaintiff made the choice to spend money on a different lawsuit, and he has no constitutional or statutory right to the appointment of counsel in this case. In addition, Plaintiff's excessive force claim is not complex and Plaintiff had demonstrated an understanding of his claim and legal issues in his pro se pleadings and during hearings before this Court. Counsel was only appointed after the Court had concerns about the exchange of discovery. Discovery is now complete, and Plaintiff appears competent to represent himself at trial. Therefore, the motion to withdraw is granted 83 . The Court asked Plaintiff's counsel to provide information concerning their costs, but the motion for costs is denied 87 . Over Plaintiff's objection, the November 4, 2019 jury trial date is vacated. However, Plaintiff indicated on the record that he would consent to the Magistrate Judge in order to proceed to trial more quickly. If Defendants also agree, they must file a consent within seven days of this order. (See attached Consent Packet for parties' consideration.) Otherwise, the Court will abide by the following scheduling deadlines: 1) any motions in limine must be filed on or before March 27, 2020; 2) if Defendants believe Plaintiff should be shackled during trial or have other security concerns, an appropriate motion must be filed on or before March 27, 2020, See Perotti v Quinones, 2015 WL 3825014 (7th Cir. June 22, 2015); 3) any response to a motion in limine must be filed on or before April 10, 2020; 4) a response to a motion for shackles or other security measures must be filed on or before April 10, 2020; 5) a joint, proposed pretrial order must be filed on or before April 10, 2020; 6) a pretrial hearing is scheduled by telephone conference call on April 17, 2020 at 11:00 a.m.; and 7) a jury trial is scheduled for May 11, 2020 at 9:00 am. The Clerk is to issue a writ for Plaintiff's participation in the pretrial conference. The joint, proposed pretrial order must contain information from Plaintiff and Defendants. Inmates of the Illinois Department of Corrections who are not parties to this case shall appear by video conference and Illinois Department of Corrections (IDOC) employees who are not parties will also appear by video conference at trial. Other nonparty witnesses may appear by video at the court's discretion. Therefore, the proposed pretrial order must include: (1) the name, inmate number and place of incarceration for each inmate to be called as a witness; (2) the name and place of employment for each IDOC employee to be called as a witness; and, (3) the names and addresses of any witnesses who are not inmates or employees for whom a party seeks a trial subpoena. The party seeking the subpoena must provide the necessary witness and mileage fees pursuant to Federal Rule of Civil Procedure 45. Plaintiff's counsel agreed to provide Plaintiff with a copy of all discovery. If any video recordings are contained in the discovery, Defense counsel must arrange for Plaintiff to view the recordings and file a notice with the Court. Finally, the parties may file a joint request for mediation prior to the pretrial setting. (Court Reporter NM) (JRK, ilcd) Modified on 10/4/2019 to correct that the 3/27 Motions ddl and the 4/10 Response to Motions ddls are in 2020, NOT 2019 (JRK, ilcd). Modified on 10/4/2019 to correct date of ddl (SAG, ilcd). (Entered: 10/04/2019)" @default.
- ilcd;;3:16-cv-03332_de121 AdministrativeID "89" @default.
- ilcd;;3:16-cv-03332_de121 hasJudgeReference SJ001502 @default.
- ilcd;;3:16-cv-03332_de121 hasReferenceToOtherEntry ilcd;;3:16-cv-03332_de112 @default.
- ilcd;;3:16-cv-03332_de121 hasReferenceToOtherEntry ilcd;;3:16-cv-03332_de119 @default.