Case: White v. Sweeney

White v. Felchner

White v. Felchner

White v. Felchner

White v. Felchner

White v. Felchner

White v. Felchner

White v. Felchner

White v. Felchner

COMPLAINT against Ellen Sweeney and Joseph Felchner filed by Andrew White. (SKN, ilcd) (Entered: 07/31/2019)

MOTION for Leave to Proceed in forma pauperis by Plaintiff Andrew White. Responses due by 8/14/2019 (SKN, ilcd) (Entered: 07/31/2019)

MOTION to Request Counsel by Plaintiff Andrew White. Responses due by 8/14/2019 (SKN, ilcd) (Entered: 07/31/2019)

REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Joseph Felchner, Ellen Sweeney on 08/08/2019 as directed by Order entered on 8/8/2019. (Attachments: # 1 Sweeney Request for WOS)(SKN, ilcd) (Entered: 08/08/2019)

Order

Order on Motion to Request Counsel

Order on Motion for Leave to Proceed In Forma Pauperis

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Before the Court is the pro se Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs 2 . For good cause shown, motion ALLOWED. The Clerk of the Court is directed to send notice of lawsuit waiver of service forms to the Defendants at the addresses provided by Plaintiff along with a copy of the Complaint, two copies of the waiver form, and a prepaid envelope to return the form by first class mail to the Clerk. If a Defendant fails to sign and return a waiver within 30 days from the date said forms were sent, the Court will direct personal service by the U.S. Marshal at the Defendants expense. Also before the Court is pro se Plaintiff's Motion to Request Counsel 3 . The Court notes that civil litigants have no constitutional or statutory right to be represented by counsel in federal court. Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir., 1995). The decision to appoint counsel lies within the broad discretion of the Court. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir., 1992). The Court concludes that appointment of counsel is not warranted in this case at this time. The Plaintiff has alleged no physical or mental disability that might preclude him from adequately investigating the facts giving rise to his Complaint. The Plaintiff has not shown any attempt to retain counsel. The Court grants pro se litigants wide latitude in the handling of their lawsuits. Therefore, Plaintiff's Motion to Request Counsel 3 is DENIED at this time. Entered by Magistrate Judge Tom Schanzle-Haskins on 08/08/2019. (SKN, ilcd)

WAIVER OF SERVICE Returned Executed by Andrew White. Joseph Felchner waiver sent on 8/8/2019, answer due 10/7/2019. (SKN, ilcd) (Entered: 08/14/2019)

NOTICE of Appearance of Attorney by Shannon Lynn Fruth on behalf of Ellen Sweeney (Fruth, Shannon) (Entered: 09/06/2019)

NOTICE of Appearance of Attorney by Charles A Pierce on behalf of Joseph Felchner (Pierce, Charles) (Entered: 09/19/2019)

DEMAND for Trial by Jury by Joseph Felchner. (Pierce, Charles) (Entered: 09/19/2019)

ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by Joseph Felchner.(Pierce, Charles) (Entered: 09/19/2019)

MOTION for Extension of Time to File Answer by Defendant Ellen Sweeney. Responses due by 10/21/2019 (Fruth, Shannon) (Entered: 10/07/2019)

Order on Motion for Extension of Time to Answer

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant Ellen Sweeney's Motion for Extension of Time 10 is ALLOWED. Defendant Sweeney is granted an extension to 11/6/2019 to answer or otherwise plead to Plaintiff's Complaint. (LB, ilcd)

MOTION for Summary Judgment by Defendant Joseph Felchner. Responses due by 11/18/2019 (Pierce, Charles) (Entered: 10/28/2019)

MEMORANDUM in Support re 11 MOTION for Summary Judgment filed by Defendant Joseph Felchner. (Attachments: # 1 Affidavit Affidavit of Joseph Felchner, # 2 Exhibit Incident Report)(Pierce, Charles) (Entered: 10/28/2019)

1 Affidavit Affidavit of Joseph Felchner

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2 Exhibit Incident Report

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NOTICE re 11 MOTION for Summary Judgment, 12 Memorandum in Support of Motion (Pierce, Charles) (Entered: 10/28/2019)

NOTICE of Manual Filing re 12 Memorandum in Support of Motion (Pierce, Charles) (Entered: 10/28/2019)

NOTICE to Plaintiff re 11 MOTION for Summary Judgment. (SKN, ilcd) (Entered: 10/28/2019)

Remark: Exhibit to Defendant's Memorandum in Support of Motion for Summary Judgment 12 is a CD which produces the radio recording. CD was received by the Clerk's Office and has been placed in the Clerk's Office vault. (ME, ilcd)

Remark

ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by Ellen Sweeney.(Fruth, Shannon) (Entered: 11/06/2019)

Notice of Hearing

NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Wednesday, 12/11/2019, at 9:00 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Pro se Plaintiff is directed to provide the Clerk, in writing, the telephone number at which he may be reached for the conference. Attorneys for Defendants and pro se Plaintiff are directed to confer prior to the scheduling conference and to submit a proposed discovery plan with proposed deadlines for the following: discovery completion date, disclosure of Plaintiff's experts, disclosure of defense experts, provisions, if any, for the discovery or disclosure of electronically stored information, and dispositive motion deadline. The parties are directed to have their proposed plan on file on or before 12/9/2019. If a proposed plan is not filed by 12/9/2019, the scheduling conference may be canceled by the Court. (LB, ilcd)

MOTION for Extension of Time to File Response as to 11 MOTION for Summary Judgment by Plaintiff Andrew White. Responses due by 11/29/2019 (SKN, ilcd) (Entered: 11/19/2019)

Order

Order on Motion for Extension of Time to File Response/Reply

TEXT ORDER: Plaintiff filed a Motion for Extension of Time 17 seeking an extension of thirty days to file a response to Defendant's Motion for Summary Judgment 11 and Defendant's Memorandum in Support 12 . Plaintiff's Motion for Extension is GRANTED. Plaintiff has until Friday, December 20, 2019 to respond to Defendant's Motion for Summary Judgment 11 and Memorandum in Support 12 . Entered by Judge Sue E. Myerscough on 11/20/2019. (SKN, ilcd)

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Joseph Felchner. (Pierce, Charles) (Entered: 12/09/2019)

MOTION for Extension of Time to Delay the Telephonic Conference Call and the Proposed Discovery Plan Now Due by Plaintiff Andrew White. Responses due by 12/24/2019. (DM, ilcd) (Entered: 12/10/2019)

MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic Rule 16 Scheduling Conference held on 12/11/2019 with Attorneys Shannon Fruth and Charles Pierce. By Notice of Hearing mailed to Pro se Plaintiff on 11/7/2019, pro se Plaintiff was ordered to provide a telephone number at which he could be reached for this conference call. He did not comply with that order. The Court located a telephone number on Plaintiff's Complaint and attempted unsuccessfully to call him twice at that number. The hearing was held with defense counsel. Plaintiff's Motion for Extension of Time to Delay the Telephonic Conference Call and the Proposed Discovery Plan Now Due 19 is DENIED. However, sua sponte the Court grants Plaintiff an extension of time to 1/30/2020 to file his response to Defendant Felchner's Motion for Summary Judgment 11 . The Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. Written Scheduling Order to follow. (Attachment: #(1) Form) (LB, ilcd) (Entered: 12/11/2019)

SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 2/15/2020; Joinder of Parties due by 2/15/2020; Amended Pleadings due by 2/15/2020; Plaintiff`s Expert Disclosure due by 4/1/2020; Defendant`s Expert Disclosure due by 6/15/2020; All Discovery due by 9/15/2020; Dispositive Motions due by 10/15/2020. Final Pretrial Conference set 2/2/2021 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 2/16/2021 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Wednesday, 9/16/2020, at 10:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (Attachments: #(1) Mediation Memo, #(2) Courtroom Technology Brochure) (LB, ilcd) (Entered: 12/11/2019)

Remark

Remark: Clerk received a telephone call from the Plaintiff at 9:05 a.m. on this date. Clerk updated the docket to include Plaintiff Andrew White's telephone # which is (217) 299-2883. Plaintiff indicated that this # is the same as the # listed on page 7 of his Complaint, d/e 1 . (MAS, ilcd) Modified on 12/11/2019 (MAS, ilcd).

MOTION to Have Case Heard by District Judge by Plaintiff Andrew White. Responses due by 2/13/2020 (SKN, ilcd) Modified on 1/31/2020 to correct filing date (SKN, ilcd). (Entered: 01/30/2020)

MOTION for Extension of Time to File Response as to 11 MOTION for Summary Judgment by Plaintiff Andrew White. Responses due by 2/13/2020 (SKN, ilcd) Modified on 1/31/2020 to correct filing date (SKN, ilcd). (Entered: 01/30/2020)

Notice of Docket Text or Event Modification

Filing date of d/e 22 and d/e 23 changed to show correct filing date of 1/29/2020. (SKN, ilcd)

~Util - Set/Reset Deadlines

Order on Motion for Extension of Time to File Response/Reply

Order

Order on Motion for Miscellaneous Relief

TEXT ORDER: Before the Court is Plaintiff's Motion to Have Case Heard by District Judge 22 . Plaintiff is requesting that the case "be heard by the District Judge instead of the Magistrate" and that "all proceedings in this case" be handled by the District Judge. U.S. District Judge Sue E. Myerscough is the presiding judge over this case and will hear matters and issue rulings in accordance with federal law. U.S. Magistrate Judge Tom Schanzle-Haskins is the magistrate judge for this case and will hear matters and issue rulings in accordance with federal law, including 28 U.S.C. § 636, and as directed by Judge Myerscough. Judge Myerscough will preside over the trial of this case unless both parties consent to having the case heard by the Magistrate Judge Schanzle-Haskins. Plaintiff has not made any argument or presented any evidence that justify Judge Myerscough hearing all proceedings in this case. Therefore, Plaintiff's Motion 22 is DENIED. Entered by Judge Sue E. Myerscough on 02/11/2020. (SKN, ilcd)

TEXT ORDER: Before the Court is Plaintiff's Second Motion for Extension of Time 23 to file a response to Defendant's Motion for Summary Judgment 11 and Defendant's Memorandum in Support 12 . For the reasons stated in Plaintiff's Motion, Plaintiff's Motion 23 is hereby GRANTED. Plaintiff has until March 2, 2020, to respond to Defendant's Motion for Summary Judgment 11 and Memorandum in Support 12 . Entered by Judge Sue E. Myerscough on 02/11/2020. (SKN, ilcd)

RESPONSE to MOTION for Summary Judgment of Joseph Felchner 11 filed by Plaintiff Andrew White. (Attachments: # 1 Response, # 2 Affidavit)(SKN, ilcd) (Entered: 03/04/2020)

1 Response

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2 Affidavit

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MOTION to Amend/Correct Court's Scheduling Order by Defendant Ellen Sweeney. Responses due by 9/28/2020 (Fruth, Shannon) (Entered: 09/14/2020)

MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held with counsel for Defendant Sweeney, Shannon Fruth, and counsel for Defendant Felchner, Charles Pierce. Pro se Plaintiff Andrew White does not respond to multiple attempts to reach him at the telephone number provided by Plaintiff. Before the Court is Defendant Sweeney's Motion to Amend Court's Scheduling Order 25 to which Defendant Felchner does not oppose. Motion 25 is ALLOWED in part. Discovery deadlines are extended to 10/30/2020; dispositive motions deadline is extended to 11/16/2020. Additional telephonic status conference set Tuesday, 11/3/2020, at 2:00 p.m. (Court will place call). (LB, ilcd)

Set/Reset Scheduling Order Deadlines: Discovery due by 10/30/2020. Expert Discovery due by 10/30/2020. Motions due by 11/16/2020. (LB, ilcd)

~Util - Set/Reset Hearings AND Order on Motion to Amend/Correct AND Status Conference - Referral Judge

~Util - Set/Reset Hearings AND Status Conference - Referral Judge AND Order on Motion to Amend/Correct

Order on Motion to Amend/Correct AND ~Util - Set/Reset Hearings AND Status Conference - Referral Judge

Set/Reset Scheduling Order Deadlines

MOTION for Sanctions Pursuant to Fed. R. 37(d) by Defendant Ellen Sweeney. Responses due by 11/13/2020 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fruth, Shannon) (Entered: 10/30/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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TEXT ORDER: The Court hereby SETS a video hearing on Defendant Sweeney's Motion for Sanctions (d/e 26 ) for Monday, November 9, 2020, at 2:30 p.m. All participants shall attend the hearing via video conferencing, except that Plaintiff may attend the hearing via telephone if he does not have video conferencing capabilities. Instructions for the video conference are attached, which also provides telephone (audio) information. The Clerk is DIRECTED to mail a copy of this text order, Defendant's Motion for Sanctions (d/e 26 ), and video instructions for the hearing to Plaintiff. Plaintiff must appear at the hearing. If Plaintiff fails to appear, the Court will dismiss Plaintiff's cause of action. Entered by Judge Sue E. Myerscough on 11/3/2020. (GL, ilcd) (Main Document 27 replaced on 11/3/2020) (GL, ilcd). (Entered: 11/03/2020)

MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held with counsel for Defendant Sweeney, Shannon Fruth, and counsel for Defendant Felchner, Charles Pierce. Pro se Plaintiff Andrew White did not respond to multiple attempts to reach him at the telephone number provided by Plaintiff and another number that was provided by defense counsel. The Court notes that there are pending dispositive motions. The purpose of this conference call was to discuss mediation which seems improbable. Defense counsel may contact Court if the parties agree to mediation. (LB, ilcd)

Notice of Docket Text or Event Modification re 27 Order, Set/Reset Hearings. Video Instructions replaced with the updated version. Regenerated to parties. (GL, ilcd)

Status Conference - Referral Judge

Notice of Docket Text or Event Modification

MOTION to Continue by Plaintiff Andrew White. Responses due by 11/23/2020. (MJC, ilcd) (Entered: 11/09/2020)

MINUTE ENTRY for proceedings held before U.S. District Judge Sue E. Myerscough: MOTION HEARING held on 11/9/2020 as to Defendant Sweeney's Motion for Sanctions Pursuant to Fed. R. 37(d) (d/e 26 ). Pro se Plaintiff Andrew White present via phone. AAG Shannon Fruth present via video on behalf of Defendant Sweeney. Attorney Charles Pierce present via video on behalf of Defendant Felchner. Plaintiff stated new phone number for the record. AAG Fruth presented argument and position as to Dft Sweeney's Motion. Atty Pierce joined in Motion and position on behalf of Dft Felchner. Plaintiff White addressed the Court and stated he would like to proceed with litigation. Motion for Sanctions 26 taken under advisement. Court ordered that Plaintiff make himself available for his deposition. Consequences of noncompliance stated by Court, including failure to appear at his deposition would result in sanctions. By agreement of parties, Plaintiff's deposition to be set on 12/4/2020 at 9:00 AM by video. Plaintiff unsure of video capability with phone. Plaintiff supplied his email address to defense counsel who upon request from the Court will work with the Plaintiff to establish a video connection for his deposition. Court reiterated to Plaintiff the importance of complying with its order as to his deposition. Defense counsel to keep Court apprised of any problems with the taking of Plaintiff's deposition. Court adjourned. (Court Reporter KS.) (DM, ilcd)

Motion Hearing AND Order on Motion for Sanctions

TEXT ORDER: Before the Court is Plaintiff's Motion to Continue (d/e 28 ) seeking a continuance of a hearing that occurred today, November 9, 2020. Because Plaintiff's Motion was filed after the hearing, Plaintiff's Motion to Continue (d/e 28 ) is hereby DENIED as untimely.. Entered by Judge Sue E. Myerscough on 11/10/2020. (ME, ilcd)

OPINION: Defendant Felchner's Motion for Summary Judgment (d/e 11 ) is DENIED with leave to refile as the motion is premature. See written Opinion. Entered by Judge Sue E. Myerscough on 11/12/2020. (SKN, ilcd)

MOTION for Extension of Time to File Dispositive Motion by Defendant Ellen Sweeney. Responses due by 11/27/2020 (Fruth, Shannon) (Entered: 11/13/2020)

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant Sweeney's Motion for Extension of Time to File Dispositive Motions 30 is ALLOWED. Dispositive motions deadline is extended to 1/5/2021 for ALL parties. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/13/2020. (SKN, ilcd)

~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File AND Order

Order AND ~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File

~Util - Set/Reset Deadlines AND Order AND Order on Motion for Extension of Time to File

TEXT ORDER: Defendant Sweeney is DIRECTED to file a status report to inform the Court whether Plaintiff's deposition was completed on December 4, 2020 and if not, whether the deposition has been rescheduled. Additionally, Defendant Sweeney shall inform the Court whether Defendant intends to move forward on the Motion for Sanctions (d/e 26 ). Entered by Judge Sue E. Myerscough on 12/16/2020. (SKN, ilcd)

Order

STATUS REPORT by Ellen Sweeney. (Fruth, Shannon) (Entered: 12/17/2020)

TEXT ORDER: Defendant Sweeny filed a Status Report (d/e 31 ) notifying the Court that Plaintiff appeared and was compliant for his deposition, which took place on December 15, 2020. Defendant Sweeny also stated that she does not intend to move forward with her Motion for Sanctions (d/e 26 ). Accordingly, Defendant Sweeny's Motion for Sanctions (d/e 26 ) is hereby DENIED AS MOOT. Entered by Judge Sue E. Myerscough on 12/17/2020. (ME, ilcd)

Order on Motion for Sanctions

MOTION for Summary Judgment by Defendant Joseph Felchner. Responses due by 1/26/2021 (Pierce, Charles) (Entered: 01/05/2021)

MEMORANDUM in Support re 32 MOTION for Summary Judgment filed by Defendant Joseph Felchner. (Attachments: # 1 Exhibit Affidavit and Incident Report, # 2 Exhibit Deposition of Plaintiff)(Pierce, Charles) (Entered: 01/05/2021)

1 Exhibit Affidavit and Incident Report

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2 Exhibit Deposition of Plaintiff

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NOTICE of Manual Filing re 33 Memorandum in Support of Motion (Pierce, Charles) (Entered: 01/05/2021)

NOTICE re 33 Memorandum in Support of Motion, 34 Notice (Other), 32 MOTION for Summary Judgment (Pierce, Charles) (Entered: 01/05/2021)

Second MOTION for Extension of Time to File Dispositive Motion by Defendant Ellen Sweeney. Responses due by 1/19/2021 (Fruth, Shannon) (Entered: 01/05/2021)

Rule 56 letter to plaintiff re 32 MOTION for Summary Judgment (SKN, ilcd) (Entered: 01/05/2021)

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Second Motion for Extension of Time to File Dispositive Motion 36 ALLOWED. Dispositive motions deadline extended to 2/4/2021. Final Pretrial Conference set 2/2/2021 and Jury Trial set 2/16/2021 are CANCELLED and will be reset after the Court rules on dispositive motions. (LB, ilcd)

1 - Terminate Deadlines and Hearings AND Order on Motion for Extension of Time to File AND ~Util - Set/Reset Scheduling Order Deadlines

~Util - Set/Reset Scheduling Order Deadlines AND 1 - Terminate Deadlines and Hearings AND Order on Motion for Extension of Time to File

1 - Terminate Deadlines and Hearings AND ~Util - Set/Reset Scheduling Order Deadlines AND Order on Motion for Extension of Time to File

Remark: CD in regards to Defendant's Memorandum in Support of Motion for Summary Judgment 33 was placed in Clerk's Office Vault. See d/e 34. (ME, ilcd) (Entered: 01/22/2021)

MOTION for Extension of Time to File Response as to 32 MOTION for Summary Judgment by Plaintiff Andrew White. Responses due by 2/10/2021. (MJC, ilcd) (Entered: 01/27/2021)

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion for Extension of Time to File Response to Motion for Summary Judgment 39 is ALLOWED. Plaintiff is granted extension to 2/5/2021 to file his response to Motion for Summary Judgment 32 . Entered by Magistrate Judge Tom Schanzle-Haskins on 1/29/2021. (GL, ilcd)

~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply AND Order

~Util - Set/Reset Deadlines AND Order AND Order on Motion for Extension of Time to File Response/Reply

Order AND ~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Third MOTION for Extension of Time to File Dispositive Motion by Defendant Ellen Sweeney. Responses due by 2/18/2021 (Fruth, Shannon) (Entered: 02/04/2021)

MOTION for Second Extension of Time to Take Depositions and to File Response to Motion for Summary Judgment by Plaintiff Andrew White. Responses due by 2/22/2021 (SKN, ilcd) (Entered: 02/09/2021)

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant Sweeney's Third Motion for Extension of Time to File Dispositive Motion 40 ALLOWED. Dispositive motions deadline is extended to 2/25/2021. Entered on 2/8/2021. (ME, ilcd)

~Util - Set/Reset Deadlines AND Order AND Order on Motion for Extension of Time to File

~Util - Set/Reset Deadlines AND Order on Motion for Extension of Time to File AND Order

OBJECTION to 41 MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment by Joseph Felchner. (Pierce, Charles) (Entered: 02/17/2021)

TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Pro se Plaintiff's Motion for Second Extension of Time to Take Depositions and to File Motion for Summary Judgment 41 is ALLOWED in part. The Court already gave Plaintiff an extension to respond to Defendant Felchner's pending Motion for Summary Judgment 32 (Motion 32). Text Order entered 1/29/2021. The Court is disinclined to grant another extension; however, Defendant Sweeney intends to file a separate motion for summary judgment. She has until 2/25/2021 to file such a motion. Text Order entered 2/8/2021. In the interest of judicial economy, the Court will allow Plaintiff to respond to both summary judgment motions at the same time. The Court therefore extends Plaintiff's deadline to respond to Motion 32 to 3/18/2021. Plaintiff's request to depose Defendant Felchner is DENIED. Discovery closed on 10/30/2020. Scheduling Order entered 12/11/2019 21, as amended by Text Order entered 9/16/2020. Plaintiff's request to modify the Scheduling Order is untimely. Plaintiff fails to show any excusable neglect for his untimeliness or that the denial would work a substantial injustice. Fed. R. Civ. P. 6(b)(1)(B); Local Rule 6.1. Plaintiff fails to show why he neglected to take the deposition in the more than 10 months provided for discovery or why denying his untimely request is unjust after he already had months to take the deposition. Furthermore, Plaintiff failed to show good cause for modifying the Scheduling Order. Fed. R. Civ. P. 16(b)(4). Again, he had ample time to take the deposition. Plaintiff also made no mention of needing to depose Felchner when he made his first request for an extension to respond to Motion 32 . Motion for Extension of Time to File Response to Motion for Summary Judgment 39 . He was ready to answer at that time without the deposition; he can do so now. Entered on 2/18/2021. (ME, ilcd)

Order AND ~Util - Set/Reset Motion and R&R Deadlines/Hearings AND Order on Motion for Extension of Time to File Response/Reply

~Util - Set/Reset Motion and R&R Deadlines/Hearings AND Order AND Order on Motion for Extension of Time to File Response/Reply