Scheit v. Schmaling et al

Filing 58

ORDER signed by Magistrate Judge William E Duffin on 11/14/2023 DENYING 48 Plaintiff's Motion for Reconsideration of dismissal of Dr Todd. If the case survives summary judgment on exhaustion grounds, Plaintiff may file a motion to amend her complaint to add the allegations against Dr Todd. (cc: all counsel and mailed to pro se Plaintiff)(lz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ANGELA A. SCHEIT,
Plaintiff,
v.

Case No. 22-CV-1138

CHRISSTOPHER SCHMALING, et al.,
Defendants.
ORDER
On June 5, 2023, the court entered a screening order allowing pro se plaintiff
Angela A. Scheit to proceed on an Eighth Amendment deliberate indifference claim
against defendants Christopher Schmaling and Latisha Ramus. (ECF No. 20.) The court
dismissed Dr. Lenard Todd because Scheit did not allege that as a supervisor he was
aware of the alleged inadequate care . (Id.) On October 27, 2023, Scheit filed a motion to
reconsider dismissing Dr. Todd. (ECF No. 48.) Scheit states that she now has information
that Dr. Todd was responsible for overseeing all medical care employees.
In order to add these allegations, Scheit would have to file a motion to amend her
complaint, outlining what she is adding and attach a full, complete amended complaint
to the motion. Currently there are two motions for summary judgment on the grounds
that Scheit failed to exhaust her administrative remedies—specifically, that she did not
file a grievance related to any of the allegations in her amended complaint. (ECF Nos. 41,
50.) If the court grants summary judgment in favor of the defendants, the case will be

dismissed. As such, it is more efficient to resolve the motions for summary judgment on
exhaustion grounds first. If the case survives summary judgment on exhaustion grounds,
Scheit may file a motion to amend her complaint to add the allegations against Dr. Todd.
Therefore, her motion for reconsideration (ECF No. 48) is DENIED.

Dated at Milwaukee, Wisconsin this 14th day of November, 2023.

BY THE COURT

WILLIAM E. DUFFIN
United States Magistrate Judge

2