Filed: Dec. 04, 2018
Latest Update: Dec. 04, 2018
Summary: ORDER MARK J. DINSMORE , Magistrate Judge . This matter comes before the Court on the submission of Defendant Joseph Furando. [ Dkt. 314. ] Joseph Furando's submission appears to be a witness and exhibit list, except that it requests the Court to conduct certain discovery and requests an amendment of the Plaintiff/Relator's witness list. [ Id. ] Final witness and exhibit lists were due to be filed on or before October 22, 2018. [ Dkt. 208 at 1-2. ] To the extent Joseph Furando intends for
Summary: ORDER MARK J. DINSMORE , Magistrate Judge . This matter comes before the Court on the submission of Defendant Joseph Furando. [ Dkt. 314. ] Joseph Furando's submission appears to be a witness and exhibit list, except that it requests the Court to conduct certain discovery and requests an amendment of the Plaintiff/Relator's witness list. [ Id. ] Final witness and exhibit lists were due to be filed on or before October 22, 2018. [ Dkt. 208 at 1-2. ] To the extent Joseph Furando intends for D..
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ORDER
MARK J. DINSMORE, Magistrate Judge.
This matter comes before the Court on the submission of Defendant Joseph Furando. [Dkt. 314.] Joseph Furando's submission appears to be a witness and exhibit list, except that it requests the Court to conduct certain discovery and requests an amendment of the Plaintiff/Relator's witness list. [Id.]
Final witness and exhibit lists were due to be filed on or before October 22, 2018. [Dkt. 208 at 1-2.] To the extent Joseph Furando intends for Docket No. 314 to serve as his final witness and exhibit list, the Court sua sponte enlarges the time for Joseph Furando to file his final witness and exhibit lists to and including October 30, 2018, and therefore deems Docket No. 314 to be timely filed.
With regard to Joseph Furando's request that the Court conduct discovery on his behalf, that motion is DENIED. The parties may conduct discovery pursuant to the Federal Rules of Civil Procedure, but the Court does not conduct discovery on behalf of any party. "District judges have no obligation to act as counsel or paralegal to pro se litigants." Pliler v. Ford, 542 U.S. 225, 231 (2004). While the Court acknowledges that Defendant Joseph Furando is incarcerated and is proceeding pro se, he is still obligated to comply with the applicable rules. See Pearle Vision, Inc. v. Romm, 541 F.3d 751, 758 (7th Cir. 2008) (noting that "it is also well established that pro se litigants are not excused from compliance with procedural rules"); Members v. Paige, 140 F.3d 699, 702 (7th Cir. 1998) (stating that procedural rules "apply to uncounseled litigants and must be enforced"). Consequently, Joseph Furando is responsible for conducting any discovery he may desire.
Likewise, while Defendant Joseph Furando may identify any witnesses he believes to be relevant to the matter, there is no basis for a Defendant to request the Plaintiff/Relator to amend his witness list. Accordingly, that request is also DENIED. However, as noted above, Docket No. 314 shall serve as Defendant Joseph Furando's final witness and exhibit list with regard to the proposed witnesses and exhibits set forth therein.
SO ORDERED.
