Archer v. Chisholm et al
ORDER signed by Judge Lynn Adelman on 2/18/16 that defendants motion for judgment on the pleadings #8 , motion to stay discovery #10 , motion to stay 26(f) conference and initial disclosures #12 , and motion for order of preservation #38 are DENIED as MOOT. Further ordering telephone status conference set for 3/3/2016 11:45 AM CST. The court will initiate the call. Counsel should call 414/297-1285 to provide contact information. (cc: all counsel) (dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
Case No. 15-cv-0922
JOHN CHISHOLM et al.,
On July 1, 2015, plaintiff filed the complaint in this action in Milwaukee County
Circuit Court alleging various civil rights violations pursuant to 42 U.S.C. § 1983. On July
30, defendants, Milwaukee County prosecutors and investigators, removed the case to
federal court. Defendants filed answers, and the prosecutor defendants filed numerous
motions, including a motion for judgment on the pleadings and motions to stay. In
response, plaintiff filed an amended complaint, and the prosecutor and investigator
defendants filed renewed motions to dismiss and to stay. These renewed motions are fully
briefed, and plaintiff has requested oral argument.
In November, defendants also filed a motion for order of preservation of evidence,
but they were required to filed a renewed motion for order of preservation of evidence in
December following a Wisconsin Supreme Court order. That renewed motion is now fully
As noted above, numerous motions filed in this case have been mooted by the filing
of amended motions. I will deny prosecutor defendants’ original motion for judgment on the
pleadings, motion to stay discovery, and motion to stay the 26(f) conference and initial
disclosures because they have been mooted by the filing of an amended complaint and
defendants’ renewed motions. I will also deny defendants’ original motion for order of
preservation because it has been mooted by the filing of defendants’ renewed motion on
I will also schedule a telephonic status conference with the parties. The purpose of
the conference will be to discuss the pending motions.
THEREFORE, IT IS ORDERED that defendants’ motion for judgment on the
pleadings (ECF No. 8), motion to stay discovery (ECF No. 10), motion to stay 26(f)
conference and initial disclosures (ECF No. 12), and motion for order of preservation (ECF
No. 38) are DENIED as MOOT.
IT IS FURTHER ORDERED that a telephonic status conference is scheduled for
March 3, 2016 at 11:45 a.m. CST. The court will initiate the call. Counsel should call
414/297-1285 to provide contact information.
Dated at Milwaukee, Wisconsin, this 18th day of February, 2016.
s/ Lynn Adelman
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