Archer v. Chisholm et al

Filing 61

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN _____________________________________________________________________ CYNTHIA ARCHER, Plaintiff, v. Case No. 15-cv-0922 JOHN CHISHOLM et al., Defendants. _____________________________________________________________________ ORDER 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 briefed. 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 that issue. 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 ________________________________ LYNN ADELMAN District Judge 2

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