Evans v. Joseph et al

Filing 55

ORDER signed by Judge Pamela Pepper on 2/25/2019. 54 plaintiff's motion to proceed on original complaint against defendant Manuel GRANTED. Discovery due 4/12/2019; dispositive motions due 5/13/2019; opposition to any summary judgment motion due 30 days after service of the motion. (cc: all counsel, via mail to Michael Evans at Green Bay Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
MICHAEL L. EVANS,
Plaintiff,
v.

Case No. 17-cv-983-pp

JOSEPH MANUEL,
Defendant.
______________________________________________________________________________
ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED ON ORIGINAL
COMPLAINT (DKT. NO. 54) AND SETTING DISCOVERY AND DISPOSITIVE
MOTION DEADLINES
______________________________________________________________________________
On February 1, 2019, the court granted summary judgment in favor of
two defendants on exhaustion grounds, leaving only the plaintiff’s deliberateindifference claim against defendant Dr. Joseph Manuel. Dkt. No. 53. The court
gave the plaintiff the option of either filing an amended complaint or proceeding
on his claim against Dr. Manuel. Id. at 12. The court informed the plaintiff that
it would set new deadlines for completing discovery and filing dispositive
motions after he informed the court whether he would file an amended
complaint or proceed with his original complaint. Id.
On February 8, 2019, the court received from the plaintiff a motion
asking the court to allow him to proceed on his original complaint, in which he
stated a deliberate-indifference claim against Dr. Manuel. Dkt. Nos. 54, 12. The
court will grant the plaintiff’s motion.
The court notes that it first entered a scheduling order setting deadlines
for the completion of discovery and the filing of dispositive motions on June 21,
1

2018. Dkt. No. 25. The court vacated the dispositive motion deadline1 nearly
five months later, on November 19, 2018, to allow it time to address the thenpending motions for summary judgment. Dkt. No. 44. Because the parties
already have had more than four months to exchange discovery, the court will
set a relatively tight discovery deadline of Friday, April 12, 2019. If a party
wants to file a dispositive motion on the merits of the remaining claim, that
party must do so in time for the court to receive it by the end of the day on
Monday, May 13, 2019. If either party believes it requires more time to
complete discovery or to file a dispositive motion, the party may—before the
expiration of these deadlines—file a motion asking the court to extend those
deadlines. The party must explain why it believes it needs more time.
The court GRANTS the plaintiff’s motion to proceed on the original
complaint against Dr. Joseph Manuel. Dkt. No. 54.
The court ORDERS that the deadline for the parties to complete
discovery is Friday, April 12, 2019. The deadline for filing dispositive motions
is Monday, May 13, 2019, at the end of the day. The court ORDERS that a
party opposing a motion for summary judgment must file a response “within 30
days of service of the motion.” Civil Local Rule 56 (b)(2) (E.D. Wis.)
Dated in Milwaukee, Wisconsin this 25th day of February, 2019.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge
1

Discovery already had closed.
2