Lipscomb v. Wills et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEON V. LIPSCOMB,
Plaintiff,
v.
EZEKIEL OWENS, et al.,
Defendants.
Case No. 24-cv-02508-SPM
MEMORANDUM AND ORDER
MCGLYNN, District Judge:
On July 21, 2025, the Court entered an Initial Scheduling and Discovery Order that
included a deadline of September 19, 2025, for Plaintiff to identify the John Doe Defendant. (Doc.
32). The Court extended this deadline twice, and after Plaintiff failed to file a motion to substitute,
on December 3, 2025, the John Doe Defendant was dismissed. (Doc. 40).
Currently before the Court is a Motion to Substitute filed by Plaintiff seeking to substitute
Sergeant Kempfer for the John Doe Defendant. (Doc. 41). Plaintiff asks that the Court excuse his
delay in identifying the John Doe and states that Defendants will not be prejudiced in anyway by
allowing the late substitution. Defendants do not oppose the motion.
The Court finds good cause in modifying the Scheduling and Discovery Order one last
time and allowing Plaintiff to identify the John Doe Defendant. F ED. R. CIV . P. 16(b)(4). The
reason for the delay in identifying the John Doe is unclear. Plaintiff simply states that he was
unable to identify the John Doe by the deadline set by the Court. After the Court dismissed the
John Doe, however, Plaintiff acted with diligence and filed his Motion to Substitute within a matter
of days. Furthermore, this case is still in the early stages. Merits discovery has been stayed, and
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the Court prefers for the case to be decided on the merits rather than procedural grounds or
technicalities. For these reasons, the Court finds that the Scheduling and Discovery Order should
be amended, and Plaintiff’s Motion to Substitute granted.
The Court therefore DEEMS Plaintiff’s Motion to Substitute timely filed. (Doc. 41). The
Court’s Order at Doc. 40 dismissing the John Doe Defendant is VACATED in part. Plaintiff’s
Motion to Substitute is GRANTED. (Doc. 41). Sgt. Ethan Kempfer is SUBSTITUTED for the
John Doe. The Clerk of Court is DIRECTED to SERVE Sgt. Ethan Kempfer in accordance with
the Court’s Merits Review Order. (Doc. 11). Warden Wills remains dismissed.
IT IS SO ORDERED.
DATED: 	December 29, 2025
s/Stephen P. McGlynn
STEPHEN P. MCGLYNN
United States District Judge
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