RUBEL v. Wallace et al

Filing 47

ORDER that defendants must re-serve their summary judgment motion and supporting materials on plaintiff at the correct address no later than April 15, 2009. Plaintiff will have until May 15, 2009, to file a response, and defendant will have until May 25, 2009, to file a reply. Signed by Chief Judge Barbara B. Crabb on 4/10/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------C H A R L E S G. RUBEL, ORDER Plaintiff, 0 8 - cv -2 3 8 - b b c v. JA M E S GREER, SHARON ZUNKER an d FERN SPRINGS, D efendan ts. --------------------------------------------In this case plaintiff Charles Rubel was allowed to proceed in forma pauperis on his Eighth Amendment claim that defendants Fern Springs, James Greer and Sharon Zunker refu sed to address his serious medical needs. On March 6, 2009, defendants moved for su m m ary judgment in this case, and briefing was set on the motion. Notice of the schedule established for briefing the motion was mailed by the clerk's office to plaintiff's last known address, which is 412 8th Avenue Northeast, Waseca, Minnesota, 56093. According to the schedule, plaintiff had until April 6, 2009 to oppose the motion. The court has not received p lain tiff's response, presumably because defendants mailed their motion to the wrong ad dress. The certificate of service defendants filed with their motion for summary judgment

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sh ow s that the motion and supporting materials were mailed to plaintiff at 418 8th Avenue N ortheast, Waseca, Minnesota, 56093. Therefore, I will direct defendants to re-serve their m otion on plaintiff at the correct address no later than April 15, 2009. Plaintiff will have until May 15, 2009, to file a response, and defendant will have until May 25, 2009, to file a reply.

ORDER IT IS ORDERED that defendants must re-serve their summary judgment motion and su pp o rtin g materials on plaintiff at the correct address no later than April 15, 2009. Plaintiff will have until May 15, 2009, to file a response, and defendant will have until May 25 , 2009, to file a reply. Entered this 10t h day of April, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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