Borzych v. FRANK et al

Filing 14

ORDER dismissing defendant John Ray. Clerk of court is directed to schedule a preliminary pretrial conference. Signed by Chief Judge Barbara B. Crabb on 5/28/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------G AR R Y A. BORZYCH, ORDER Plaintiff, 0 9 - cv -2 1 - b b c v. M A T T H EW J. FRANK, R IC H A R D RAEMISCH, JO H N BETT, TIMOTHY LUNDQUIST, LORI SIMON, THERESA MURPHY and JOHN RAY, D efendan ts. --------------------------------------------O n April 30, 2009, I entered an order giving plaintiff until May 14, 2009, in which to advise the court in writing whether he would pursue his claims against deceased defendant John Ray. In addition, I told plaintiff that even though Federal Rule of Civil Procedure 25 (a)(1) allows the parties 90 days to move for substitution, plaintiff should be able to respo nd within two weeks indicating his intention with regard to defendant Ray. Plaintiff h as not responded to the April 30 order. Therefore, defendant Ray will be dismissed from th is action.

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Because all of the defendants except defendant Ray have filed an answer to the com plaint, the court will schedule a preliminary pretrial conference in this case so that a trial date and deadlines for moving this case to resolution may be set.

ORDER IT IS ORDERED that defendant John Ray is DISMISSED from this action. The clerk of court is requested to schedule a preliminary pretrial conference to be held by telephone before Magistrate Judge Stephen Crocker. E n tered this 28t h day of May, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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