Bergeron Davila v. Kallie et al

Filing 61

ORDER signed by Judge J P Stadtmueller on 11/29/2018: GRANTING 51 Defendants' Motion for Summary Judgment and DISMISSING CASE with prejudice. (cc: all counsel, via mail to Raymond J. Bergeron-Davila at Racine County Jail) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RAYMOND J. BERGERON DAVILA,
Plaintiff,
v.

Case No. 17-CV-1756-JPS

MELISSA MORAN, STEVEN CLOPE,
ANTHONY BOSE, ROBERT
MASTRONARDI, DANIEL
ECKBLAD, and JOHN DOES,

ORDER

Defendants.
On October 31, 2018, the Court ordered Plaintiff to respond to
pending discovery requests from Defendants no later than November 14,
2018. (Docket #59). The Court warned Plaintiff that failure to do so would
result in the dismissal of this action. Id. On November 19, 2018, Defendants
filed a letter with the Court indicating that they have not received Plaintiff’s
discovery responses. (Docket #60). Defendants also filed a motion for
summary judgment on October 1, 2018. (Docket #51). Plaintiff’s response to
that motion was due on or before October 31, 2018. Civ. L. R. 56(b)(2). That
date has long since passed and the Court has not received any response to
the motion or other communication from Plaintiff. Defendants’ motion may
thus be granted by default. Civ. L. R. 7(d). For both of these reasons, the
Court will dismiss this action with prejudice.
Accordingly,
IT IS ORDERED that Defendants’ motion for summary judgment
(Docket #51) be and the same is hereby GRANTED; and

IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED with prejudice.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 29th day of November, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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