Rivers v. Johnson et al

Filing 36

ORDER signed by Judge Pamela Pepper on 6/12/2018. 33 Plaintiff's Motion to Withdraw Motion to Compel Discovery Admissions GRANTED. 35 Plaintiff's Motion to Withdraw Motion to Compel Discovery Interrogatories GRANTED. 31 Plaintiff's Motion to Compel Discovery Interrogatories and 32 Plaintiff's Motion to Compel Discovery Admissions deemed WITHDRAWN. (cc: all counsel, via mail to Denzel Rivers at Waupun Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
DENZEL SAMONTA RIVERS,
Plaintiff,
v.

Case No. 17-cv-1496-pp

DOYAL JOHNSON, et al.,
Defendants.
______________________________________________________________________________
DECISION AND ORDER GRANTING THE PLAINTIFF’S MOTION TO
WITHDRAW MOTION TO COMPEL DISCOVERY ADMISSIONS
(DKT. NO. 33), GRANTING THE PLAINTIFF’S MOTION TO
WITHDRAW MOTION TO COMPEL DISCOVERY INTERROGATORIES (DKT.
NO. 35) AND DEEMING WITHDRAWN THE PLAINTIFF’S MOTIONS
TO COMPEL DISCOVERY (DKT. NOS. 31, 32)
______________________________________________________________________________
In the third week of May, the court received from plaintiff two motions to
compel: a motion to compel interrogatories, dkt. no. 31, and a motion to
compel admissions, dkt. no. 32.
On May 29, 2018, the court received from the plaintiff a motion entitled,
“Motion to Withdraw Motion for An Order Compelling Discovery.” Dkt. No. 33.
In this motion, the plaintiff told the court that he wanted to withdraw the
motion he’d filed on May 22, 2018, asking the court to compel the defendants
to answer his requests for admission. Id. He advised the court that the
defendants had provided the responses; he just hadn’t received them until May
23, 2018. Id. The court assumes that in this motion, the plaintiff was asking to
withdraw only Dkt. No. 32. The court will grant the motion, and will allow the

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plaintiff to withdraw his motion to compel responses to requests for
admissions.
On June 11, 2018, the defendants filed a response to the defendant’s
motion to compel responses to his requests for interrogatories. Dkt. No. 34. The
defendants indicated that they had reviewed their discovery responses (sent to
the plaintiff on May 21, 2018), and had discovered that they accidentally failed
to include the interrogatory responses in the discovery package. Id. at ¶¶4-5.
They stated that they immediately would send the responses—which already
had been drafted at the time they sent their original discovery package—to the
plaintiff. Id. at ¶5.
Also on June 11, 2018, the plaintiff filed a “Motion to Withdraw Motion
for an Order Compelling Discovery.” Dkt. No. 35. In his motion, the plaintiff
indicated that the defendants had responded to his interrogatories, “answering
all interrogatories.” The court will grant the motion and allow the plaintiff to
withdraw his motion to compel interrogatories. If the defendants’ delay in
providing him with the responses caused the plaintiff any problems in litigating
the case, he can ask the court for an extension of the discovery deadline
(currently set for July 16, 2018) or any other deadline the delay affected.
The court GRANTS the plaintiff’s motion to withdraw his motion to
compel discovery admissions. Dkt. No. 33.
The court GRANTS the plaintiff’s motion to withdraw his motion to
compel discovery interrogatories. Dkt. No. 35.

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The court DEEMS WITHDRAWN the plaintiff’s motion to compel
discovery interrogatories, dkt. no. 31, and the plaintiff’s motion to compel
discovery admissions, dkt. no. 32.
Dated in Milwaukee, Wisconsin this 12th day of June, 2018.
BY THE COURT
__________________________________________
HON. PAMELA PEPPER
United States District Judge

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