Gage v. Zanon et al

Filing 32

ORDER signed by Chief Judge William C. Griesbach on 9/27/18. The 29 MOTION to Stay is granted subject to the following exception: the parties may continue to undertake any discovery necessary to resolve the exhaustion of administrative remedies issued. In all other respects, however, discovery is stayed and the deadlines are vacated. Plaintiff's 26 MOTION to accept late submission and 25 MOTION to compel are denied as moot. (cc: all counsel and via US Mail to Shane Gage)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SHANE RYAN GAGE,
Plaintiff,
v.

Case No. 18-C-240

DR KRISTINE ZANON,
Defendant.
ORDER
This is a § 1983 civil rights case brought by a prisoner currently serving a sentence in a
Wisconsin prison against one of the correctional officers. The defendant has moved for summary
judgment on the ground that the plaintiff failed to exhaust his administrative remedies as required
under the Prison Litigation Reform Act. Defendant has also moved to stay discovery and the
dispositive motion deadline that would otherwise apply until his motion to dismiss for failure to
exhaust is decided.
The motion for a stay is granted, subject to the following exception: The parties may
continue to undertake any discovery necessary to resolve the exhaustion of administrative remedies
issued. In all other respects, however, discovery is stayed and the deadlines are vacated. In the
event the motion for summary judgment currently before the court is denied, the court will establish
new deadlines. Accordingly, plaintiff’s motion to compel discovery and his motion to accept a late
submission are denied as moot. Defendant’s motion for summary judgment, ECF No. [27], remains
pending and awaits the plaintiff’s response.
SO ORDERED this 27th

day of September, 2018.
s/ William C. Griesbach
United States District Court
William C. Griesbach, Chief Judge