Walker v. Ludvigson et al

Filing 35

ORDER signed by Judge Pamela Pepper on 7/9/2018. By 8/10/2018 plaintiff to respond to defendants' summary judgment motion or file letter giving reason why he cannot respond. If nothing received by deadline, motion will be decided without input from plaintiff. (cc: all counsel, via mail to De'Von Walker at Wisconsin Resource Center)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
DE’VON L. WALKER,
Plaintiff,
v.

Case No. 16-cv-1485-pp

PAUL LUDVIGSON, et al.,
Defendants.
______________________________________________________________________________
ORDER REQUIRING PLAINTIFF TO RESPOND
TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
______________________________________________________________________________
On May 11, 2018, the defendants filed a motion for summary judgment.
Dkt. No. 20. The plaintiff’s response materials were due on June 11, 2018.
(Civil L.R. 56(b)(2), a copy of which the defendants included in their motion,
requires that “Each party opposing a motion for summary judgment must file
[its response materials] within 30 days of service of the motion . . . .” See Dkt.
No. 21.) It is now early July, and according to the court’s records, the plaintiff
has not responded to the motion.
The plaintiff must file his opposition brief and other materials, or file a
letter explaining why he can’t do so, in time for the court to receive it by the
end of the day on August 10, 2018. As a reminder, the plaintiff must respond
to each of the defendant’s proposed facts (by agreeing with the proposed fact or
explaining why he disagrees with the proposed fact; if the plaintiff does not
indicate one way or the other, the court will assume that he agrees with the
proposed fact) and he must respond to the legal arguments in the defendant’s
1

brief. The plaintiff must support his facts or his disagreement with the
defendants’ facts with evidence. He can do that by relying on the information
and documents he got during discovery or by telling the court his version of
what happened in an affidavit or an unsworn declaration under 28 U.S.C.
§17461. An unsworn declaration is a way for the plaintiff to tell his side of the
story while declaring to the court that everything he has written down is true
and correct.
If the plaintiff fails to either file his opposition brief and other response
materials, or explain why he can’t do so, by the end of the day on August 10,
2018, the court will conclude that he does not oppose the defendants’ motion
for summary judgment and will decide the motion without the plaintiff’s input.
See Civ. L.R. 7(d) (E.D. Wis. 2010).
The court ORDERS the plaintiff to either respond to the defendants’
motion for summary judgment or file a letter explaining why he is unable to do
so in time for the court to receive his filing by the end of the day on August 10,
2018. If the plaintiff fails to do either of these things by that deadline, the court
will decide the motion for summary judgment without the plaintiff’s input.
Dated in Milwaukee, Wisconsin, this 9th day of July, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Court Judge
At the bottom of his declaration he should state: “I declare under penalty of
perjury that the foregoing is true and correct. Executed on [date]. [Signature].”
28 U.S.C. §1746(2).
1

2