Lucas v. Plew et al
ORDER signed by Chief Judge Pamela Pepper on 4/26/2021. By end of day 5/24/2021 plaintiff to file response, or explanation of why he can't timely file response, to defendants' summary judgment motion. (cc: all counsel and mailed to Georvaughn Lucas)(cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
GEORVAUGHN M. LUCAS,
Case No. 19-cv-1619-pp
DEPUTY PLEW, and
CORRECTIONS OFFICER GIBBS
ORDER SETTING DEADLINE FOR PLAINTIFF TO RESPOND TO
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Georvaughn M. Lucas, who is representing himself, filed a complaint
under 42 U.S.C. §1983. On April 22, 2021, the defendants filed a motion for
summary judgment. Dkt. No. 24. Under Civil Local Rule 56(b)(2) (E.D. Wis.),
the plaintiff’s response materials are due within thirty days of service of the
motion—by May 24, 2021. This means that he must file those materials in
time for the court to receive them by May 24, 2021.
The plaintiff must respond to each of the defendants’ proposed findings
of fact (Dkt. No. 25), either by agreeing with the proposed fact or explaining
why he disagrees with the proposed fact. If the plaintiff does not either agree or
disagree with a proposed fact, the court will assume that he agrees with that
proposed fact. The plaintiff must support every disagreement with a proposed
fact by citing to evidence. He can do that by relying on documents that he
attaches to his response or by telling the court his version of what happened in
an affidavit or an unsworn declaration under 28 U.S.C. § 1746.1 An unsworn
At the bottom of his declaration the plaintiff 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).
declaration is a way for a party to tell his side of the story while declaring to the
court that everything in the declaration is true and correct. The plaintiff also
must respond to the legal arguments in the defendants’ brief (Dkt. No. 26) by
explaining why he disagrees with those arguments.
If the plaintiff does not file a written response in opposition to the
defendants’ summary judgment motion by May 24, 2021, the court has the
authority to treat the defendants’ motion as unopposed, accept all facts
asserted by the defendants as undisputed and decide the motion based only on
the arguments in the defendants’ brief, without any input from the plaintiff.
That means that the court will likely grant the defendants’ motion and dismiss
the case. If a plaintiff has a history of failing to file documents by deadlines the
court has set, or failing to comply with court orders, the court also has the
authority to dismiss the case as a sanction for plaintiff’s failure to timely file a
response in opposition to the motion for summary judgment.
The court ORDERS that if the court has not received the plaintiff’s
response to the defendants’ motion for summary judgment by the end of the
day on May 24, 2021, or an explanation as to why he cannot timely file a
response, the court will address the defendants’ motion unopposed, that is,
without considering a response from the plaintiff.
Dated in Milwaukee, Wisconsin this 26th day of April, 2021.
BY THE COURT:
HON. PAMELA PEPPER
Chief United States District Judge
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