Begos v. Waukesha County

Filing 25

ORDER signed by Judge Lynn Adelman on 4/30/14 denying 19 Motion to Dismiss and that its request for an extension of time is GRANTED. The defendants deadline for disclosing expert witnesses is extended to June 2, 2014. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DIANE M. BEGOS,
Plaintiff,
v.

Case No. 13-C-0287

COUNTY OF WAUKESHA,
Defendant.

ORDER
On March 18, 2014, the defendant filed a motion to dismiss this case because the
plaintiff did not promptly respond to its requests for signed medical authorizations and
dates to depose two of the plaintiff’s expert witnesses. As an alternative to dismissal, the
defendant requested an extension of time to disclose its own expert witnesses.
In her response to the motion, the plaintiff indicates that she has now provided the
signed medical authorizations and also that she has provided the defendant with contact
information for her experts so that the defendant can arrange dates for their depositions.
The defendant in its reply brief confirms these matters. However, the defendant maintains
that the case should be dismissed for lack of prosecution due to the plaintiff’s delay. I will
not dismiss the case for this reason. Although the defendant claims to have been
prejudiced by the delay, it does not in concrete terms identify any prejudice it has suffered,
and I do not think that the plaintiff’s delay was so egregious as to require dismissal of her
suit. See Bolt v. Loy, 227 F.3d 854, 856–57 (7th Cir. 2000). However, the plaintiff does
not oppose the defendant’s alternative request to extent the deadline for disclosing its
expert witnesses, and for that reason I will grant the defendant’s alternative request. The

defendant does not indicate how much additional time it needs, so for now I will extend the
deadline by one month.
Accordingly, IT IS ORDERED that the defendant’s motion to dismiss is DENIED and
that its request for an extension of time is GRANTED. The defendant’s deadline for
disclosing expert witnesses is extended until June 2, 2014.
Dated at Milwaukee, Wisconsin, this 30th day of April, 2014.
s/ Lynn Adelman
__________________________________
LYNN ADELMAN
District Judge

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