Poventud v. Saldaris et al

Filing 59

ORDER signed by Magistrate Judge Nancy Joseph on 6/8/2020. IT IS ORDERED that Saldaris has until July 10, 2020 to respond to Poventud's motion for summary judgment (Docket # 49 ) and Poventud's motion for judgment on the pleadings (Docket # 58 ). If she fails to do so, I will decide the motions without her input. (cc: all counsel, via US Mail to Defendant)(ds)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ELIEZER A. POVENTUD,
Plaintiff,
v.

Case No. 18-cv-532

GAYLE S. SALDARIS,
Defendant.
ORDER
Plaintiff Eliezer A. Poventud filed a lawsuit against Angela Mink and Gayle S.
Saldaris based on allegations related to sexual assault and subsequent mental health
treatment. I previously granted summary judgment in Mink’s favor, finding that Poventud
failed to exhaust his administrative remedies under the Prisoner Litigation Reform Act, so
only Saldaris remains as a defendant. (Docket # 48.) In that order, I also denied without
prejudice Poventud’s motion for summary judgment against Saldaris because he did not
comply with the applicable local rules. I afforded Poventud the opportunity to re-file a
proper motion for summary judgment and told Saldaris that she could also file for summary
judgment if she chose.
On March 20, 2020, Poventud re-filed his motion for summary judgment against
Saldaris. (Docket # 49.) Saldaris did not respond. Then, on April 27, 2020, Poventud filed a
motion for judgment on the pleadings. (Docket # 58.) Saldaris also did not respond to that
motion. I will afford Saldaris another, and final, opportunity to respond to Poventud’s
motions.

By way of reminder with respect to summary judgment, Saldaris must respond to
each of Poventud’s proposed findings of fact by agreeing with each proposed fact or
explaining why she disagrees with a particular proposed fact. If she does not indicate one
way or the other, I will assume that she agrees with the proposed fact for purposes of
deciding the motion for summary judgment. Saldaris must support every disagreement with
a proposed fact by citing to evidence. She can do that by relying on documents that she
attaches to her response or by telling me her version of what happened in an affidavit or an
unsworn declaration under 28 U.S.C. § 1746.1 An unsworn declaration is a way for a party
to tell her side of the story while declaring to the court that everything in the declaration is
true and correct. Saldaris also must file her own brief, responding to the legal arguments in
Poventud’s brief.
Saldaris has until July 10, 2020 to file a response to Poventud’s motions. If she does
not respond, I will decide them without her input. This may result in judgment being
entered against her.
NOW, THEREFORE, IT IS HEREBY ORDERED that Saldaris has until July 10,
2020 to respond to Poventud’s motion for summary judgment (Docket # 49) and
Poventud’s motion for judgment on the pleadings (Docket # 58). If she fails to do so, I will
decide the motions without her input.

Such a declaration should conclude with the following: “I declare under penalty of perjury that the foregoing
is true and correct. Executed on [date]. [Signature].” 28 U.S.C. § 1746(2).
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Dated at Milwaukee, Wisconsin this 8th day of June, 2020.
BY THE COURT:

s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge

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