Carter v. Merrill et al

Filing 62

ORDER signed by Judge Lynn Adelman on 2/5/13 denying 54 Motion to Strike. Further ordering that defendants have until 2/20/13 to either file an amended or supplemental reply in support of their motion for partial summary judgment or advise the court that they do not wish to amend their pleading. (cc: all counsel, via USPS to Atty. Brittain) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RONALD CARTER,
Plaintiff,
v.

Case No. 10-CV-00396

OFFICER JOSEPH MERRILL, JOHN DOES 1–3,
TIMOTHY BEHNING, DETECTIVE JAMES TIMM,
and CITY OF MILWAUKEE,
Defendants.

DECISION AND ORDER
In response to defendants’ motion for partial summary judgment, plaintiff filed two
briefs totally 39 pages (excluding captions and signature blocks), instead of the single, 30page brief ordinarily allowed under Civil L.R. 56(8)(A) (E.D. Wis. 2010). Plaintiff also filed
140 additional proposed findings of fact, thereby exceeding the 100 additional findings of
fact allowed under Civil L.R. 56(b)(2)(B)(ii). Plaintiff claims the additional pages in his brief
and the additional proposed findings of fact were necessary to fully respond to defendants’
motion because three defendants are jointly moving for summary judgment on two different
claims. Although plaintiff should have sought prior leave from the court before exceeding
the limits set in Civil L.R. 56, I will allow his pleadings to stand and deny defendants’
motion to strike those pleadings.
Since I am allowing plaintiff to exceed the limits set in the local rules, I will give
defendants the opportunity to do the same. Defendants have already responded to all of
plaintiff’s additional proposed findings of fact, but I will give them 14 days from the date of
this order to amend their reply brief in support of the motion to make it longer than the 15

pages allowed in Civil L.R. 56(8)(A), if they wish to do so. Defendants’ current brief is 12
pages long. They are free either to file an amended brief up to 30 pages long or to file a
supplemental brief up to 18 pages long.
THEREFORE, IT IS ORDERED that the motion to strike plaintiff’s briefs in
opposition and additional proposed findings of fact [DOCKET #54] is DENIED.
IT IS FURTHER ORDERED that defendants have until February 20, 2013 to either
file an amended or supplemental reply in support of their motion for partial summary
judgment or advise the court that they do not wish to amend their pleading.
Dated at Milwaukee, Wisconsin, this 5th day of February 2013.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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