Sanders v. Bowen et al

Filing 19

DECISION AND ORDER signed by Judge Lynn Adelman on 12/3/15 granting 16 Motion for Extension of Time; Motion to Compel. Further ordering that all discovery is to be completed by January 11, 2016 and all dispositive motions shall be filed on or before February 11, 2016. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FREDRICT SANDERS,
Plaintiff,
v.

Case No. 15-CV-284

NP BOWEN, and
J. BARKER,
Defendants,

DECISION AND ORDER
On August 6, 2015, I entered a Scheduling Order that provided a discovery deadline
of November 9, 2015, and a dispositive motion deadline of December 9, 2015. On
November 2, 2015, plaintiff filed a motion for extension of time and motion to compel. He
asks for additional time to complete discovery. Plaintiff wants time to receive discovery
responses from defendants and consider whether he needs to file a motion to compel. He
also believes he needs additional time to obtain affidavits from witnesses, some of whom
are inmates who have been transferred to other prisons or staff members who have
changed jobs. Defendants did not respond to plaintiff’s motions.
It is in the best interest of the parties and the court for plaintiff to complete his
discovery before motions for summary judgment are filed. I consider this good cause for
an extension of the discovery deadline and the dispositive motion deadline.
I note that plaintiff’s motion was docketed as two separate motions: a motion for
extension of time and a motion to compel. However, a closer reading of the motion reveals
that plaintiff does not seek to compel any discovery at this time. Rather, he wants an
extension of both (1) time to complete discovery and (2) time to file a motion to compel.

Plaintiff may file a motion to compel any time before the close of discovery, though I remind
him to review the requirements of Federal Rule of Civil Procedure 37 and Civil Local Rule
37 (E.D. Wis.).
THEREFORE, IT IS ORDERED that plaintiff’s motion for extension of time to
complete discovery (Docket #16) is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion for extension of time to file motion
to compel (Docket #16) is GRANTED.
IT IS FURTHER ORDERED that all discovery shall be served in time to be
completed by January 11, 2016.
IT IS ALSO ORDERED that all dispositive motions shall be filed on or before
February 11, 2016.
Dated at Milwaukee, Wisconsin, this 3rd day of December, 2015.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

2