Schlemm, David v. Frank, Matthew et al

Filing 279

Transmission of Notice of Appeal, Docketing Statement, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 277 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Order, # 5 Docket sheet) (jef),(ps)

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Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 1 of 25 U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:11−cv−00272−wmc Schlemm, David v. Litscher, Jon Assigned to: District Judge William M. Conley Referred to: Magistrate Judge Stephen L. Crocker Case in other court: 14−02604 Cause: 42:1983 Prisoner Civil Rights Plaintiff David A. Schlemm Date Filed: 04/18/2011 Date Terminated: 11/10/2016 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question represented by David A. Schlemm 198339 Columbia Correctional Institution 2925 Columbia Drive P.O. Box 900 Portage, WI 53901−0900 PRO SE David L. Anstaett Perkins Coie LLP One East Main Street, Suite 201 Madison, WI 53703−5118 608−663−5408 Fax: 608−663−7499 Email: DAnstaett@perkinscoie.com TERMINATED: 12/02/2015 LEAD ATTORNEY David J. Harth Perkins Coie LLP One East Main St., Ste. 201 Madison, WI 53703 608−663−7470 Fax: 608−663−7499 Email: djharth@gmail.com TERMINATED: 12/02/2015 LEAD ATTORNEY Autumn Nero Perkins Coie LLP One East Main St., Ste. 201 Madison, WI 53703 608−663−7467 Fax: 608−663−7499 Email: ANero@perkinscoie.com TERMINATED: 12/02/2015 Jesse Jonas Bair Perkins Coie LLP 1 East Main Street Suite 201 Madison, WI 53703 608−393−2524 Email: jbair@perkinscoie.com TERMINATED: 12/02/2015 V. Defendant Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 2 of 25 Matthew J. Frank in his individual and official capacities as Secretary of Wisconsin Department of Corrections TERMINATED: 05/18/2015 represented by Brian P. Keenan Wisconsin Department of Justice P.O. Box 7857 Madison, WI 53707 608−266−0020 Fax: 608−267−2223 Email: keenanbp@doj.state.wi.us ATTORNEY TO BE NOTICED Corey Francis Finkelmeyer Wisconsin Department of Justice P.O. Box 7857 Madison, WI 53707 (608) 266−7342 Fax: (608) 267−8906 Email: federalorderscl@doj.state.wi.us TERMINATED: 11/29/2012 Jody J. Schmelzer Wisconsin Department of Justice P.O. Box 7857 Madison, WI 53707 (608) 266−3094 Fax: (608) 267−8906 Email: schmelzerjj@doj.state.wi.us ATTORNEY TO BE NOTICED Defendant Phil Kingston in his individual and official capacities as Warden of Waupun Correctional Institution TERMINATED: 05/18/2015 represented by Brian P. Keenan (See above for address) ATTORNEY TO BE NOTICED Corey Francis Finkelmeyer (See above for address) TERMINATED: 11/29/2012 Jody J. Schmelzer (See above for address) ATTORNEY TO BE NOTICED Defendant James Muenchow Institution Complaint Examiner; in his individual and official capacities TERMINATED: 11/20/2012 represented by Corey Francis Finkelmeyer (See above for address) TERMINATED: 11/29/2012 Defendant Jon E. Litscher represented by Brian P. Keenan (See above for address) ATTORNEY TO BE NOTICED Jody J. Schmelzer (See above for address) ATTORNEY TO BE NOTICED E−filing Institution CCI Prison Facility Date Filed # Docket Text Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 3 of 25 04/18/2011 1 COMPLAINT against Matthew Frank, Phil Kingston, James Muenchow. ( Filing fee $ 350 receipt number 10672) filed by David A. Schlemm. (Case randomly assigned to District Judge William M. Conley.) (Attachments: # 1 Exhibit A − Letter from Senator Moore to Wisc. DOC Secretary, 8/22/02, # 2 Exhibit B − Letter to Lori Simon from plaintiff, 3/3/07, # 3 Exhibits C, D, E − Offender complaints, # 4 Exhibit F − Internal Management Procedures, effective 6/1/92, # 5 Exhibit G − Internal Managment Procdures, effective 4/17/01, # 6 Exhibit H − Internal Managment Procedures, effective 9/3/02, # 7 Exhibit I − DAI Policy 309.61.1, effective 7/24/06, # 8 Exhibit J − DAI Policy 309.61.02, effective 7/20/10, # 9 Exhibit K − U.S. BOP guidelines, # 10 Exhibit L − Letters and guideline excerpts from Great Lakes Inter−tribal council, # 11 Exhibits M, N, O − Ch. DOC 310, # 12 Exhibits P, Q − Lexis Nexis searches, # 13 Exhibit R − State of WA DOC handbook, # 14 Exhibit S − Senate Committee hearing on Indian Affairs from Richard Watkins, 3/8/93, # 15 Exhibit T − Declaration of Ryan Krist, 3/16/11, # 16 Exhibit U − Declaration of Roy Red Hail, 9/28/10, # 17 Exhibit V − Request for New Religious Practice, 10/1/10, # 18 Exhibit X − inmatepackage.com catalog, # 19 Envelope) (jef) Note, there is no Exhibit W, 4/19/2011 (jef). (Additional attachment(s) added on 4/19/2011: # 20 Cover Letter) (jef). (Entered: 04/19/2011) 04/22/2011 2 ORDER on ifp request: Complaint taken under advisement for screening. Signed by Magistrate Judge Stephen L. Crocker on 4/20/2011. (voc),(ps) (Entered: 04/22/2011) 04/22/2011 Motion for Screening of Complaint. (jef),(ps) (Entered: 04/22/2011) 11/20/2012 3 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Matthew J. Frank, Phil Kingston. Leave to proceed denied and case dismissed against James Muenchow. Materials delivered to DOJ for acceptance of service. Signed by District Judge William M. Conley on 11/19/2012. (jef),(ps) (Entered: 11/20/2012) 11/29/2012 4 Notice of Appearance filed by Jody J. Schmelzer for Defendants Matthew J. Frank, Phil Kingston, Edward Wall (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 11/29/2012) 11/29/2012 5 Acceptance of Service by DOJ on behalf of Defendants Matthew J. Frank, Phil Kingston, Edward Wall. (Schmelzer, Jody),(ps) (Entered: 11/29/2012) 12/04/2012 6 Memorandum that for the remainder of this lawsuit plaintiff need only send a copy of his filings in this case to the court pursuant to an informal service agreement with the Wisconsin Department of Justice. Signed by Magistrate Judge Stephen L. Crocker on 12/4/2012. (jef),(ps) (Entered: 12/04/2012) 12/31/2012 7 ANSWER with Jury Demand by Defendants Matthew J. Frank, Phil Kingston, Edward Wall. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/31/2012) 01/02/2013 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/29/2013 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendants responsible for setting up the call to chambers at (608) 264−5153. [Notice Regarding the Telephone Preliminary Pretrial Conference attached] (elc),(ps) (Entered: 01/02/2013) 01/24/2013 8 Motion to Reschedule Pretrial Conference by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 01/24/2013) 01/24/2013 9 ** TEXT ONLY ORDER ** On January 24, 2013, plaintiff, who is proceeding pro se, moved to postpone the January 29, 2013 telephonic preliminary pretrial conference so that he may prepare a motion to certify his lawsuit as a class action. This motion is denied for two related reasons: first, this case has been pending in this court for nine months, and it is in plaintiff's and defendant's best interests to obtain a schedule from this court so as not to Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 4 of 25 lose their place in line for trial. Second, although plaintiff is free to file a request to certify this case as a class action if he wishes, there are several procedural hurdles that would have to be cleared, the most pressing of which would be the issue of representation by an attorney. A class action cannot proceed pro se. See F.R. Civ. Pro. 23(g). Before the court would consider appointing an attorney or a law firm as class counsel in a pro se prisoner case, plaintiff, like any other indigent pro se plaintiff, would have to demonstrate that he already had made sufficient attempts to retain an attorney for the class but had been unsuccessful in doing so. This will take some time. When we confer on January 29, 2013, the court will discuss these matters further with the parties. Signed by Magistrate Judge Stephen L. Crocker on 1/24/2013. (elc),(ps) (Entered: 01/24/2013) 01/29/2013 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference − Pro Se held on 1/29/2013 [:30] (cak),(ps) (Entered: 01/29/2013) 01/31/2013 10 Pretrial Conference Order − Dispositive Motions for Failure to Exhaust Administrative Remedies due 3/15/2013. Dispositive Motions due 9/16/2013. Rule 26(a)(3) Disclosures and all motions in limine due 2/28/2014. Objections due 3/14/2014. Final Pretrial Conference set for 3/31/2014 at 08:30 AM. Jury Selection and Trial set for 3/31/2014 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 1/30/2013. (jef),(ps) (Entered: 01/31/2013) 01/31/2013 11 Motion to Certify Class under Rule 23 by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service, # 2 Cover Letter, # 3 Envelope) (jef),(ps) (Entered: 01/31/2013) 01/31/2013 12 Brief in Support of 11 Motion to Certify Class under Rule 23 by Plaintiff David A. Schlemm. (jef),(ps) (Entered: 01/31/2013) 02/07/2013 13 Motion to Appoint Counsel by Plaintiff David A. Schlemm. (Attachments: # 1 Letters, # 2 Certificate of Service, # 3 Cover Letter, # 4 Envelope) (jef),(ps) (Entered: 02/08/2013) 02/07/2013 14 Brief in Support of 13 Motion to Appoint Counsel by Plaintiff David A. Schlemm. (jef),(ps) (Entered: 02/08/2013) 02/07/2013 15 Declaration of David A. Schlemm. re: 13 Motion to Appoint Counsel. (jef),(ps) (Entered: 02/08/2013) 03/15/2013 16 MOTION FOR PARTIAL SUMMARY JUDGMENT for failure to exhaust administrative remedies . by Defendants Matthew J. Frank, Phil Kingston, Edward Wall. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 03/15/2013) 03/15/2013 17 Brief in Support of 16 Motion for Partial Summary Judgment by Defendants Matthew J. Frank, Phil Kingston, Edward Wall (Schmelzer, Jody),(ps) (Entered: 03/15/2013) 03/15/2013 18 Affidavit of Kelli R. Willard West filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 16 Motion for Partial Summary Judgment (Attachments: # 1 Exhibit 1000, Policy 309 Religious Beliefs and Practice, # 2 Exhibit 1001, Policy 309 Resources For Inmates, Religious Property, # 3 Exhibit 1002, Policy 309 Resources For Inmate, Religious Diets, # 4 Exhibit 1003, DOC−2075 form, # 5 Exhibit 1004, Schlemm Request dated 5.29.08, # 6 Exhibit 1005, Schleem Request dated 10.25.09, # 7 Exhibit 1006, Schlemm Request dated 10.01.10, # 8 Exhibit 1007, Schlemm Request dated 3.30.12, # 9 Exhibit 1008, Schlemm Request dated 8.31.12) (Schmelzer, Jody),(ps) (Entered: 03/15/2013) 03/15/2013 Set Deadlines as to 16 MOTION FOR PARTIAL SUMMARY JUDGMENT for failure to exhaust administrative remedies . Plaintiff's Brief in Opposition due 4/1/2013. Defendants' Brief in Reply due 4/8/2013. (elc),(ps) (Entered: 03/15/2013) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 5 of 25 04/04/2013 19 Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service, # 2 Cover Letter and Envelope) (elc),(ps) (Entered: 04/04/2013) 04/05/2013 20 ORDER granting plaintiff's 19 Motion for Extension of Time to file his materials in opposition to defendants' motion for summary judgment. Plaintiff's Brief in Opposition due 4/19/2013. Defendants' Brief in Reply due 4/26/2013. Signed by Magistrate Judge Stephen L. Crocker on 4/4/2013. (jef),(ps) (Entered: 04/05/2013) 04/08/2013 21 Brief in Opposition by Plaintiff David A. Schlemm re: 16 Motion for Partial Summary Judgment filed by Matthew J. Frank, Edward Wall, Phil Kingston. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 04/08/2013) 04/26/2013 22 Brief in Reply by Defendants Matthew J. Frank, Phil Kingston, James Muenchow, Edward Wall in Support of 16 Motion for Partial Summary Judgment (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 04/26/2013) 08/02/2013 23 Motion for Extension of Time to Disclose Expert Witness by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service, # 2 Cover Letter and Envelope) (elc),(ps) (Entered: 08/02/2013) 08/05/2013 24 ** TEXT ONLY ORDER ** ORDER granting plaintiff's 23 Motion for Extension of Time to Disclose Expert Witness. Plaintiff's disclosure of Expert Witnesses due 8/30/2013. Defendants disclosure of Expert Witnesses due 9/30/2013 Signed by Magistrate Judge Stephen L. Crocker on 8/5/2013. (jef),(ps) (Entered: 08/05/2013) 08/19/2013 25 Motion to Take Deposition from David A. Schlemm by Defendants Matthew J. Frank, Phil Kingston, Edward Wall. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 08/19/2013) 08/19/2013 26 ** TEXT ONLY ORDER ** Order GRANTING defendants' 25 Motion to Take Deposition of plaintiff David Schlemm. Signed by Magistrate Judge Stephen L. Crocker on 8/19/2013. (elc),(ps) (Entered: 08/19/2013) 08/28/2013 27 Motion to Stay deposition until after the court decides plaintiff's motion for appointment of counsel or to appoint counsel to represent plaintiff at the deposition filed by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service, # 2 Cover Letter and Envelope) (elc),(ps) (Entered: 08/28/2013) 08/29/2013 28 ORDER denying 27 Motion to Stay Deposition; denying 13 Motion for Assistance in Recruiting Counsel. To ensure that plaintiff receives a copy of this order in time for the deposition, counsel for the defendants are directed to cause hand−delivery of a copy of this order to plaintiff as soon as possible before the deposition begins. Signed by Magistrate Judge Stephen L. Crocker on 8/29/2013. (jef),(ps) (Entered: 08/29/2013) 09/09/2013 29 Motion to Stay Scheduling Order by Defendants Matthew J. Frank, Phil Kingston, Edward Wall. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 09/09/2013) 09/09/2013 30 ** TEXT ONLY ORDER ** Order GRANTING defendants' 29 Motion to stay the current scheduling order pending ruling on defendants' 16 motion for partial summary judgment based on plaintiff's failure to exhaust administrative remedies. Defendants may have 14−days from the date of the court's ruling on their motion for partial summary judgment to disclose experts and file any further dispositive motions. Signed by Magistrate Judge Stephen L. Crocker on 9/9/2013. (elc),(ps) (Entered: 09/09/2013) 09/11/2013 31 Renewed Motion for Assistance Recruiting Counsel/ Objections re: 28 Order on Motion for Assistance in Recruiting Counsel by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service, # 2 Cover Letter, # 3 Envelope) (jaf),(ps) Modified docket text/event type on 9/26/2013 (elc). (Entered: Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 6 of 25 09/11/2013) 09/30/2013 32 ORDER denying 31 Motion for Assistance in Recruiting Counsel.; denying 11 Motion to Certify Class under Rule 23; denying 16 Motion for Partial Summary Judgment. Signed by District Judge William M. Conley on 09/30/2013. (mfh),(ps) (Entered: 09/30/2013) 10/02/2013 33 Interrogatories and Request for Production of Documents to Defendant Edward Wall by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 10/02/2013) 10/02/2013 34 Interrogatories and Request for Production of Documents to Defendant Phil Kingston by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 10/02/2013) 10/08/2013 35 Deposition of David A. Schlemm taken on August 30, 2013 (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 10/08/2013) 10/14/2013 36 MOTION FOR SUMMARY JUDGMENT by Defendants Matthew J. Frank, Phil Kingston, Edward Wall. (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/14/2013 37 Proposed Findings of Fact filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/14/2013 38 Affidavit of Christine A. Althaus filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/14/2013 39 Affidavit of Michael Donovan filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/14/2013 40 Affidavit of Alfred George filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/14/2013 41 Affidavit of Peter Jaeger filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/14/2013 42 Affidavit of Michael Mohr filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Attachments: # 1 Exhibit 1009 Group Complaint Number GBCI−2008−24389) (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/14/2013 43 Supplemental Affidavit of Kelli R. Willard West filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Attachments: # 1 Exhibit 1010 Religious Property Chart) (Schmelzer, Jody),(ps) (Entered: 10/14/2013) 10/15/2013 44 Brief in Support of 36 Motion for Summary Judgment by Defendants Matthew J. Frank, Phil Kingston, Edward Wall (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 10/15/2013) 10/15/2013 Set Deadlines as to 36 MOTION FOR SUMMARY JUDGMENT . [Pro Se Summary Judgment Procedure attached.] Plaintiff's Brief in Opposition due 11/14/2013. Defendants' Brief in Reply due 11/25/2013. (elc),(ps) (Entered: 10/15/2013) 11/06/2013 45 Motion for Reconsideration re 32 OORDER denying 31 Motion for Assistance in Recruiting Counsel.; denying 11 Motion to Certify Class under Rule 23; denying 16 Motion for Partial Summary Judgment by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope, # 3 Certificate of Service) (jaf),(ps) Modified on 11/6/2013 (jaf). (Entered: 11/06/2013) 11/06/2013 46 Proposed Notice of Class Action by Plaintiff David A. Schlemm. (jaf),(ps) (Entered: 11/06/2013) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 7 of 25 11/06/2013 47 Declaration of David Schlemm filed by Plaintiff David A. Schlemm re: 45 Motion for Reconsideration (jaf),(ps) (Entered: 11/06/2013) 11/06/2013 48 Motion for Reconsideration re 32 Order on Motion for Assistance in Recruiting Counsel, Order on Motion to Certify Class under Rule 23, Order on Motion for Partial Summary Judgment by Plaintiff David A. Schlemm. (jaf),(ps) (Entered: 11/06/2013) 11/18/2013 49 Motion for Extension of Time by Plaintiff David A. Schlemm. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 11−6−13 Reviewers Decision, # 2 Certificate of Service, # 3 Cover Letter, # 4 Envelope) (jaf),(ps) (Entered: 11/18/2013) 11/19/2013 50 ** TEXT ONLY ORDER ** Plaintiff David A. Schlemm has filed a motion for an extension of time, up to and including December 16, 2013, in which to respond to the defendants' motion for summary judgment. Plaintiff's motion for an extension (dkt. # 49 ) is GRANTED, making his response due no later than December 16, 2013. Plaintiff has also filed a motion to reconsider certifying this case as a class action and a motion to appoint class counsel. Both of these motions (dkt. # 45 , # 48 ) are DENIED without prejudice. Plaintiff may renew his motion for class certification, including a request for assistance in recruiting pro bono counsel under 28 U.S.C. § 1915(e)(1), after the court has ruled on the pending summary judgment motion. Signed by District Judge William M. Conley on 11/19/2013. (jef),(ps) (Entered: 11/19/2013) 11/26/2013 51 Motion to Stay the Current Scheduling Order Pursuant to FRCP 56(d)(2) by Plaintiff David A. Schlemm. (Attachments: # 1 Letter to AAG Schmelzer, # 2 Cover Letter, # 3 Certificate of Service, # 4 Envelope) (jaf),(ps) (Entered: 11/26/2013) 12/19/2013 52 Motion for Extension of Time by Plaintiff David A. Schlemm. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Exhibits in Support, # 2 Certificate of Service, # 3 Cover Letter, # 4 Envelope) (jaf),(ps) (Entered: 12/19/2013) 12/19/2013 53 Declaration of David Schlemm filed by Plaintiff David A. Schlemm re: 52 MOTION for Extension of Time (jaf),(ps) (Entered: 12/19/2013) 12/19/2013 54 Motion for Reconsideration re 32 Order on Motion for Assistance in Recruiting Counsel by Plaintiff David A. Schlemm. (jaf),(ps) (Entered: 12/19/2013) 01/17/2014 55 Motion for Extension of Time to file brief in opposition to summary judgment by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service, # 2 Cover Letter and Envelope) (elc),(ps) (Entered: 01/17/2014) 01/17/2014 56 Declaration of David A. Schlemm re: 55 MOTION for Extension of Time to file opposition to summary judgment. (Attachments: # 1 Attachments from Johnson Greybuffalo) (elc),(ps) (Entered: 01/17/2014) 01/22/2014 57 Declaration of Johnson W. Greybuffalo re: 55 MOTION for Extension of Time (Attachments: # 1 Exhibits in Support, # 2 Cover Letter, # 3 Certificate of Service, # 4 Envelope) (jaf),(ps) (Entered: 01/22/2014) 02/13/2014 58 ** TEXT ONLY ORDER ** Plaintiff David A. Schlemm was granted leave to proceed with claims for relief under 42 U.S.C. § 1983 against defendants Matthew J. Frank, Edward Hall and Phil Kingston. On October 15, 2013, defendants filed a motion for summary judgment. (Dkt. # 36 ). On November 23, 2013, Schlemm filed motion for a 30−day extension of time to conduct additional discovery pursuant to Fed. R. Civ. P. 56(d)(2). To the extent Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 8 of 25 that it is not moot, this motion (dkt. # 51 ) is GRANTED. Schlemm has made more than one request for an extension of time, up to and including February 28, 2014, in which to respond to defendants' summary−judgment motion. Those requests (dkts. # 52 , # 55 ) are also GRANTED. In addition, Schlemm asks the court to reconsider his request for appointed counsel. (Dkt. # 54 ). The court will reserve a decision on that request until after it has considered the parties' briefing on defendants' motion for summary judgment. Signed by District Judge William M. Conley on 2/13/2014. (elc),(ps) (Entered: 02/13/2014) 02/25/2014 59 Motion to Stay re 10 Pretrial Conference Order, by Defendants Matthew J. Frank, Phil Kingston, Edward Wall. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 02/25/2014) 02/26/2014 60 ORDER that all remaining deadlines in the pretrial conference order, Dkt. # 10 , are STAYED until further notice. If necessary, the court will enter a new scheduling order once the defendants' motion for summary judgment has been decided. Signed by District Judge William M. Conley on 2/26/2014. (jef),(ps) (Entered: 02/26/2014) 03/03/2014 61 Motion for Stay of Proceedings and Remand of or Leave to Voluntarily Withdraw State Law Claims by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Certificate of Service, # 3 Envelope) (jaf),(ps) (Entered: 03/03/2014) 03/03/2014 62 Motion for Extension of Time by Plaintiff David A. Schlemm. Motions referred to Magistrate Judge Stephen L. Crocker. (jaf),(ps) (Entered: 03/03/2014) 03/04/2014 63 ORDER denying 61 Motion for Stay of Proceedings and Remand of or Leave to Voluntarily Withdraw State Law Claims; denying 62 Motion for Extension of Time. If Schlemm does not file a response to defendants' motion for summary judgment within fourteen days from the date of this order, his federal claimswill be dismissed with prejudice pursuant to Fed. R. Civ. P. 4l(b). No extension of this deadline will be granted. Signed by District Judge William M. Conley on 3/4/2014. (jef),(ps) (Entered: 03/04/2014) 03/04/2014 Set/Reset Deadlines as to 36 MOTION FOR SUMMARY JUDGMENT. Brief in Opposition due 3/18/2014. Brief in Reply due 3/28/2014. (jef),(ps) (Entered: 03/04/2014) 03/05/2014 64 Letter to the court from plaintiff Plaintiff David A. Schlemm re: retaliation/harassment. (Attachments: # 1 Certificate of Service, # 2 Envelope) (jaf),(ps) Modified event type/docket text on 3/5/2014 (elc). (Entered: 03/05/2014) 03/05/2014 65 Declaration of David Schlemm filed by Plaintiff David A. Schlemm re: 64 Letter to the court. (Attachments: # 1 Exhibits in Support) (jaf),(ps) Modified on 3/5/2014 (elc). (Entered: 03/05/2014) 03/24/2014 66 Brief in Opposition by Plaintiff David A. Schlemm re: 36 Motion for Summary Judgment filed by Matthew J. Frank, Edward Wall, Phil Kingston (Attachments: # 1 Certificate of Service, # 2 Cover Letter and Envelope) (elc),(ps) (Entered: 03/24/2014) 03/24/2014 67 Response to Proposed Findings of Fact filed by Plaintiff David A. Schlemm re: 36 Motion for Summary Judgment (elc),(ps) (Entered: 03/24/2014) 03/24/2014 Set Deadlines as to 36 MOTION FOR SUMMARY JUDGMENT . Defendants Brief in Reply due 4/3/2014. (elc),(ps) (Entered: 03/24/2014) 03/25/2014 68 Letter from clerk's office in response to plaintiff David Schlemm's cover letter re: typed copy of 66 Brief in Opposition. (elc),(ps) (Entered: 03/25/2014) 03/26/2014 69 Plaintiff's Exhibits in opposition to 36 Motion for Summary Judgment filed by Matthew J. Frank, Edward Wall, Phil Kingston. (Attachments: # 1 Certificate of Service, # 2 Envelope) (elc),(ps) (Entered: 03/26/2014) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 9 of 25 03/26/2014 70 Letter from plaintiff re: denial of legal materials (Attachments: # 1 ICE Receipt dated 3/18/2014 re: Legal Materials) (elc),(ps) (Entered: 03/26/2014) 04/03/2014 71 Brief in Reply by Defendants Matthew J. Frank, Phil Kingston, Edward Wall in Support of 36 Motion for Summary Judgment (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 04/03/2014) 04/03/2014 72 Reply in Support of Proposed Findings of Fact filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Schmelzer, Jody),(ps) (Entered: 04/03/2014) 04/03/2014 73 Affidavit of Catherine A. Francois filed by Defendants Matthew J. Frank, Phil Kingston, Edward Wall re: 36 Motion for Summary Judgment (Attachments: # 1 Exhibit 1011−−DAI Property Chart) (Schmelzer, Jody),(ps) (Entered: 04/03/2014) 04/28/2014 74 Objection to 71 Brief in Reply and Request for Evidentiary Hearing by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibits, # 2 Certificate of Service, # 3 Cover Letter and Envelope) (elc),(ps) (Entered: 04/28/2014) 04/28/2014 75 Declaration of Arthur J. Fariok filed by Plaintiff David A. Schlemm re: 36 Motion for Summary Judgment (elc),(ps) (Entered: 04/28/2014) 04/28/2014 76 Declaration of William N. Ledford filed by Plaintiff David A. Schlemm re: 36 Motion for Summary Judgment (elc),(ps) (Entered: 04/28/2014) 04/28/2014 77 Declaration of Tim Torrez filed by Plaintiff David A. Schlemm re: 36 Motion for Summary Judgment (elc),(ps) (Entered: 04/28/2014) 04/28/2014 78 Motion to Reconsider Appointment of Counsel by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 04/28/2014) 06/10/2014 79 ORDER vacating the order dated September 30, 2013, denying defendants' motion for partial summary judgment on the issue of exhaustion without prejudice (dkt. # 32 ). Defendants' motion for partial summary judgment for failure to exhaust ( dkt. # 16 ) is GRANTED. Plaintiff David Schlemm's claims concerning his request for weekly or bi−weekly sweat lodge ceremonies, the right to possess and smoke a personal pipe, and the right to wear a ribbon shirt or bear−claw jewelry are DISMISSED without prejudice for lack of exhaustion. Defendants' motion for summary judgment on the merits of plaintiff's exhausted claims (dkt. # 36 ) is GRANTED. Those claims are DISMISSED with prejudice. The clerk of court is directed to enter judgment accordingly and close this case. Signed by District Judge William M. Conley on 6/10/2014. (jef),(ps) Modified on 6/10/2014 (jef). (Entered: 06/10/2014) 06/10/2014 80 JUDGMENT entered in favor of defendants dismissing this case. (PAO/jef). (jef),(ps) (Entered: 06/10/2014) 07/09/2014 81 Motion for Extension of Time to file a Rule 59 Motion by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service, # 2 Cover Letter and Envelope) (elc),(ps) (Entered: 07/09/2014) 07/14/2014 82 ** TEXT ONLY ORDER ** On June 10, 2014, this court granted summary judgment in favor of the defendants and dismissed the prisoner civil rights case filed by plaintiff David Schlemm. On July 9, 2014, Schlemm filed a motion for an extension of time to seek relief pursuant to Fed. R. Civ. P. 59(e). Motions for relief under Fed. R. Civ. P. 59(e) must be filed within 28 days of the judgment. Extensions of this deadline are prohibited by Fed. R. Civ. P. 6(b)(2). Accordingly, Schelmm's motion for an extension of time (dkt. # 81 ) must be and is DENIED. Signed by District Judge William M. Conley on 7/14/2014. (elc),(ps) (Entered: 07/14/2014) 07/21/2014 83 NOTICE OF APPEAL by Plaintiff David A. Schlemm as to 80 Judgment, 79 Order on Motion for Summary Judgment. In forma pauperis pending. Docketing Statement filed. (Attachments: # 1 Docketing Statement, # 2 Certificates of Service) (elc),(ps) (Entered: 07/21/2014) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 10 of 25 07/21/2014 84 Appeal Information Packet. (elc),(ps) (Entered: 07/21/2014) 07/21/2014 85 Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 83 Notice of Appeal. (Attachments: # 1 Info Sheet, # 2 Docketing Statement, # 3 Order, # 4 Judgment, # 5 Docket Sheet) (elc),(ps) (Entered: 07/21/2014) 07/22/2014 USCA Case Number 14−2604 for 83 Notice of Appeal, filed by David A. Schlemm. (elc),(ps) (Entered: 07/22/2014) 07/28/2014 86 ORDER that, no later than August 20, 2014, plaintiff David Schlemm must pay the appellate docketing fee of $505 or submit a motion for leave to proceed without payment of the appeal fee together with a certified copy of his inmate trust fund account statement. Signed by Magistrate Judge Peter A. Oppeneer on 7/28/2014. (jef),(ps) (Entered: 07/28/2014) 08/06/2014 87 Transcript Request Form by Plaintiff David A. Schlemm re 83 Notice of Appeal. (Attachments: # 1 Certificate of service, cover letter, # 2 Envelopes) (jef),(ps) (Entered: 08/06/2014) 08/06/2014 88 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re 83 Notice of Appeal. (jef),(ps) (Entered: 08/06/2014) 08/21/2014 89 Motion for Leave to Proceed in forma pauperis on Appeal by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef),(ps) (Entered: 08/22/2014) 08/21/2014 90 Prisoner Trust Fund Account Statement by Plaintiff David A. Schlemm. (jef),(ps) (Additional attachment(s) added on 8/22/2014: # 1 IPP Calculation) (jef). (Entered: 08/22/2014) 08/26/2014 91 ORDER granting 89 Motion for Leave to Appeal in forma pauperis. Plaintiff may have until September 16, 2014, in which to submit a check or money order made payable to the Clerk of Court in the amount of $35.25. Signed by District Judge William M. Conley on 8/26/2014. (nln),(ps) (Entered: 08/26/2014) 09/15/2014 Appeal Initial Partial Filing fee received : $ 35.25, receipt number 34690021131. (jef),(ps) (Entered: 09/15/2014) 09/17/2014 92 Appeal Warden PLRA Letter. (jef),(ps) Note, that plaintiff paid the original filing $350 fee in full so there will be no warden letter for filing this case. (Entered: 09/17/2014) 11/17/2014 93 Certified and Transmitted Record on Appeal to US Court of Appeals re 83 Notice of Appeal. (Attachments: # 1 Certification) (elc),(ps) (Entered: 11/17/2014) 05/13/2015 94 JUDGMENT from USCA affirming in part, reversing and remanding in part as to 83 Notice of Appeal, filed by David A. Schlemm. No record to be returned. (Attachments: # 1 Appellate Opinion, # 2 Mandate) (jef),(ps) (Entered: 05/13/2015) 05/13/2015 95 Motion for Appointment of Counsel by Plaintiff David A. Schlemm. (Attachments: # 1 Envelope) (elc),(ps) (Entered: 05/13/2015) 05/13/2015 96 Motion and Brief in Support of Temporary Restraining Order and Preliminary Injunction by Plaintiff David A. Schlemm. (Attachments: # 1 Proposed Order to Show Cause, # 2 Cover Letter and Certificate of Service) (elc),(ps) (Entered: 05/13/2015) 05/13/2015 97 Declaration of David A. Schlemm re: 96 Motion for TRO and Preliminary Injunction. (elc),(ps) (Entered: 05/13/2015) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 11 of 25 05/13/2015 98 Motion for Reimbursement of Costs/Declaration and Bill of Costs by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 05/13/2015) 05/15/2015 99 Letter from Plaintiff David Schlemm resubmitting copies of dkts. 95 − 98 . (Attachments: # 1 Disbursement Request to Department of Justice, # 2 Envelope) (elc),(ps) (Entered: 05/15/2015) 05/18/2015 05/18/2015 100 ORDER granting 95 Motion for Assistance in Recruiting Counsel; granting 96 Motion for Preliminary Injunction; denying 98 Motion for Reimbursement of Costs/Declaration and Bill of Costs. The clerk's office shall enter Attorneys David Harth and David Anstaett of Perkins Coie as plaintiff's counsel of record and set this case for a pretrial conference in late June of 2015, as this court's schedule allows. Signed by District Judge William M. Conley on 5/18/2015. (jef),(ps) (Entered: 05/18/2015) Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for Tuesday, 6/23/2015 at 10:00 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264−5087. (jef),(ps) (Entered: 05/18/2015) 05/28/2015 101 Notice of Appearance filed by Brian P. Keenan for Defendants Matthew J. Frank, Phil Kingston, Edward Wall. (Keenan, Brian),(ps) (Entered: 05/28/2015) 06/23/2015 Minute Entry for proceedings held before District Judge William M. Conley: Telephone Scheduling Conference held on 6/23/2015 [:20] (mfh),(ps) (Entered: 06/23/2015) 06/23/2015 102 AMENDED Scheduling Order: Dispositive Motions due 10/15/2015. Rule 26(a)(3) Disclosures and all motions in limine due 11/24/2015. Responses due 12/1/2015. Final Pretrial Conference set for 12/8/2015 at 04:00 PM. Jury Selection and Trial set for 12/14/2015 at 09:00 AM. Signed by District Judge William M. Conley on 6/23/2015. (jef),(ps) (Entered: 06/23/2015) 07/09/2015 103 Letter from plaintiff that he informed his pro bono counsel that he requested a substitution of judges and request for a hearing filed by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 07/09/2015) 07/31/2015 104 Notice by Plaintiff David A. Schlemm of Election to Maintain Constitutional Claims. (Harth, David),(ps) Modified on 7/31/2015. (lak) (Entered: 07/31/2015) 08/05/2015 105 Motion to Withdraw as Attorney by Plaintiff David A. Schlemm. (Anstaett, David),(ps) (Entered: 08/05/2015) 08/05/2015 Set Deadlines as to 105 Motion to Withdraw as Attorney. Ex Parte Motion Hearing set for 8/7/2015 at 01:00 PM before Judge William M. Conley. Counsel for plaintiff responsible for setting up the call to chambers at (608) 264−5087. (nln),(ps) (Entered: 08/05/2015) 08/07/2015 Minute Entry for proceedings held before District Judge William M. Conley: Telephone Motion Hearing re 105 Motion to Withdraw as Attorney filed by David A. Schlemm 20 (mfh),(ps) (Entered: 08/07/2015) 08/07/2015 106 ** TEXT ONLY ORDER ** The court held an ex parte hearing with plaintiff David Schlemm and his recruited counsel, David Anstaett of the law firm Perkins Coie, LLP. There being no good grounds for the court to grant Mr. Schlemm's pro se motion to substitute me as the district judge in this matter, that motion is DENIED. The court RESERVES on recruited counsel's motion to withdraw. Should Mr. Schlemm accept, sign and return Perkin Coie's standard pro se engagement letter within one week, then attorneys Harth and Anstaett have agreed to continue as his counsel in this matter, consistent with this court's May 18, 2015, opinion and order. Should he decline to do so, attorneys Harth and Anstaett motion to withdraw as counsel will be granted and he will continue to proceed pro se. Attorney Anstaett is directed to advise the court as to Mr. Schlemm's choice in this regard. The recording and any transcript of the hearing on recruited counsel's motion to withdraw shall remain under seal. Signed by District Judge William M. Conley on 8/7/2015. (elc),(ps) (Entered: 08/07/2015) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 12 of 25 08/11/2015 107 Stipulated Motion to Amend/Correct Amended Scheduling Order by Plaintiff David A. Schlemm. (Harth, David),(ps) (Entered: 08/11/2015) 08/13/2015 108 Notice of Withdrawal of Motion by Plaintiff David A. Schlemm re 105 Motion to Withdraw as Attorney filed by David A. Schlemm. (Anstaett, David),(ps) (Entered: 08/13/2015) 08/13/2015 Set Telephone Pretrial or Status Conference: Telephone Status Conference set for Wednesday, 8/19/2015 at 09:30 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264−5087. (jef),(ps) (Entered: 08/13/2015) 08/14/2015 109 Notice of Appearance filed by Autumn Nero for Plaintiff David A. Schlemm. (Nero, Autumn),(ps) (Entered: 08/14/2015) 08/17/2015 110 Objection to Plaintiff's 104 Notice of Election to Maintain Constitutional Claims. (Schmelzer, Jody),(ps) Modified docket text on 8/17/2015 (nln). (Entered: 08/17/2015) 08/19/2015 111 ** TEXT ONLY ORDER ** In light of the discussion during the status conference, the following dates apply in this case: Plaintiff has 21 days to file a brief in support of the position that his First Amendment claim for damages remains in this case, and if so, why defendant Wall would not be entitled to good faith immunity with respect to such claim; Defendant may have 14 days to respond; no reply absent leave of court. In addition, the discovery cutoff and settlement letter deadlines are moved to November 16, 2015, Plaintiff's expert disclosure deadline is September 15, 2015, and Defendant's expert disclosure deadline is October 15, 2015. Absent prompt notice and a showing of good cause for a brief extension of the October 15, 2015, dispositive motion deadline, all other dates shall apply. Signed by District Judge William M. Conley on 8/19/2015. (elc),(ps) (Entered: 08/19/2015) 08/19/2015 112 Notice of Appearance filed by Jesse Jonas Bair for Plaintiff David A. Schlemm. (Bair, Jesse),(ps) (Entered: 08/19/2015) 08/19/2015 Minute Entry for proceedings held before District Judge William M. Conley: Telephone Status Conference held on 8/19/2015 [:15] (elc),(ps) (Entered: 08/19/2015) 09/09/2015 113 Response re: 111 Order on Motion to Amend/Correct. Plaintiff David Schlemm's Memorandum In Support of Right To Proceed With First Amendment Claims For Damages by Plaintiff David A. Schlemm. (Anstaett, David),(ps) (Entered: 09/09/2015) 09/11/2015 114 Unopposed Motion to Amend Briefing Schedule and Vacate Trial Date by Plaintiff David A. Schlemm. Motions referred to Magistrate Judge Stephen L. Crocker. (Anstaett, David),(ps) (Entered: 09/11/2015) 09/15/2015 115 ** TEXT ONLY ORDER ** ORDER granting 114 Motion to Amend Briefing Schedule. Final Pretrial Conference set for 3/16/2016 at 04:00 PM. Jury Selection and Trial set for 3/21/2016 at 09:00 AM. Signed by District Judge William M. Conley on 9/15/2015. (nln),(ps) (Entered: 09/15/2015) 09/15/2015 Reset Trial Deadlines/Hearings: Dispositive Motions due 11/20/2015. Motions in Limine due 1/15/2016. Response to Motion due 2/12/2016. (nln),(ps) (Entered: 09/15/2015) 09/23/2015 116 Response re: 111 Order on Motion to Amend/Correct. Defendant's Response to Plaintiff's Memorandum in Support of Right to Proceed with First Amendment Claims for Damages by Defendant Edward Wall. (Keenan, Brian),(ps) (Entered: 09/23/2015) 11/12/2015 117 Joint Motion to Amend Briefing Schedule by Plaintiff David A. Schlemm. Motions referred to Magistrate Judge Stephen L. Crocker. (Anstaett, David),(ps) (Entered: 11/12/2015) 11/12/2015 118 ** TEXT ONLY ORDER ** ORDER granting 117 Motion to Amend Briefing Schedule. Settlement letters due by 12/18/2015. Signed by Magistrate Judge Stephen L. Crocker on 11/12/2015. (nln),(ps) (Entered: 11/12/2015) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 13 of 25 11/13/2015 119 Expert Witness Disclosures by Defendant Edward Wall. (Schmelzer, Jody),(ps) (Entered: 11/13/2015) 11/16/2015 120 Disregard. Refiled as 121 . Modified docket text on 11/17/2015 (nln). (Entered: 11/16/2015) 11/17/2015 121 Expert Report of Deward E. Walker, Jr. by Plaintiff David A. Schlemm (Attachments: # 1 Exhibit A − Materials Considered, # 2 Exhibit B − Prior Testimony, # 3 Exhibit C − Curriculum Vitae) (Nero, Autumn),(ps) (Entered: 11/17/2015) 11/17/2015 122 Unopposed Motion to Amend Briefing Schedule to Modify Dispositive Motion Deadline by Plaintiff David A. Schlemm. Motions referred to Magistrate Judge Stephen L. Crocker. (Anstaett, David),(ps) Modified on 11/18/2015. (lak) (Entered: 11/17/2015) 11/17/2015 123 ** TEXT ONLY ORDER ** ORDER granting 122 Unopposed Motion to Amend Briefing Schedule. Dispositive motions due by 11/25/2015. Signed by Magistrate Judge Stephen L. Crocker on 11/17/2015. (nln),(ps) (Entered: 11/17/2015) 11/18/2015 124 ORDER that plaintiff David Schlemm is DENIED leave to amend his complaint to add a claim for damages under the First Amendment against defendant Edward Wall. As contemplated by the Seventh Circuit's remand order, therefore, this case will proceed on plaintiff's RLUIPA claims for declaratory and injunctive relief. Signed by District Judge William M. Conley on 11/18/2015. (jef),(ps) (Entered: 11/18/2015) 11/25/2015 125 MOTION FOR SUMMARY JUDGMENT by Plaintiff David A. Schlemm. Brief in Opposition due 12/16/2015. Brief in Reply due 12/28/2015. (Anstaett, David),(ps) (Entered: 11/25/2015) 11/25/2015 126 Brief in Support of 125 Motion for Summary Judgment by Plaintiff David A. Schlemm. (Anstaett, David),(ps) (Entered: 11/25/2015) 11/25/2015 127 Declaration of Jessie J. Bair filed by Plaintiff David A. Schlemm re: 125 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1 − Responses to First Set of Interrgoatories, # 2 Exhibit 2 − Responses to First Request for Production of Documents, # 3 Exhibit 3 − Memorandum from M. Donovan to B. Novitski) (Anstaett, David),(ps) (Entered: 11/25/2015) 11/25/2015 128 Proposed Findings of Fact filed by Plaintiff David A. Schlemm re: 125 Motion for Summary Judgment. (Anstaett, David),(ps) (Entered: 11/25/2015) 12/01/2015 129 Motion to Withdraw as Attorney by Plaintiff David A. Schlemm. (Anstaett, David),(ps) (Entered: 12/01/2015) 12/02/2015 130 ORDER granting 129 Motion to Withdraw as Counsel. Signed by District Judge William M. Conley on 12/2/2015. (jef),(ps) (Entered: 12/02/2015) 12/14/2015 131 Motion to Stay Scheduling Order and to be allowed to use release account funds to purchase legal supplies by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 12/14/2015) 12/15/2015 Set Deadlines as to 131 Motion to Stay Scheduling Order and to be allowed to use release account funds to purchase legal supplies. Defendant's Brief in Opposition due 12/21/2015. There will be no reply. (elc),(ps) (Entered: 12/15/2015) 12/16/2015 132 Motion for Extension of Time To Respond to Plaintiff's Partial Motion for Summary Judgment by Defendant Edward Wall. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/16/2015) 12/16/2015 133 ** TEXT ONLY ORDER ** ORDER granting 132 Motion for Extension of Time. Defendant's Brief in Opposition due 12/28/2015. Plaintiff's Brief in Reply due 1/7/2016. Signed by Magistrate Judge Stephen L. Crocker on 12/16/2015. (nln),(ps) (Entered: 12/16/2015) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 14 of 25 12/16/2015 Reset Briefing Deadlines as to 125 MOTION FOR SUMMARY JUDGMENT . [Pro Se Summary Judgment Procedure for Cases Assigned to Judge Conley attached.] Defendant's Brief in Opposition due 12/28/2015. Plaintiff's Brief in Reply due 1/7/2016. (nln),(ps) (Entered: 12/16/2015) 12/18/2015 134 Motion for Reconsideration/alter or amend re 124 Order, by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 12/18/2015) 12/18/2015 135 Declaration of David A. Schlemm re: 134 Motion for Reconsideration/Alter or Amend 124 Order (Attachments: # 1 Exhibits 1−4 − Correspondence to Attorneys Harth and Anstaett, # 2 Exhibit 5 − 10/9/1997 Memorandum, # 3 Exhibit 6 − 10/15/1997 Memorandum) (elc),(ps) (Entered: 12/18/2015) 12/18/2015 Set Deadlines as to 134 Motion for Reconsideration/Alter or Amend 124 Order. Defendants' Brief in Opposition due 12/28/2015. Plaintiff's Brief in Reply due 1/7/2016. (elc),(ps) (Entered: 12/18/2015) 12/21/2015 136 Brief in Opposition by Defendant Edward Wall re: 131 Motion to Stay filed by David A. Schlemm (Attachments: # 1 DAI Policy No 309.51.01, # 2 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/21/2015) 12/23/2015 137 Corrected Page 1 to 134 Motion for Reconsideration/alter or amend 124 Order filed by David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 12/23/2015) 12/28/2015 138 Brief in Opposition by Defendant Edward Wall re: 125 Motion for Summary Judgment filed by David A. Schlemm, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/28/2015) 12/28/2015 139 Response to Proposed Findings of Fact filed by Defendant Edward Wall re: 125 Motion for Summary Judgment. (Schmelzer, Jody),(ps) (Entered: 12/28/2015) 12/28/2015 140 Supplemental Proposed Findings of Fact filed by Defendant Edward Wall re: 125 Motion for Summary Judgment. (Schmelzer, Jody),(ps) (Entered: 12/28/2015) 12/28/2015 141 Declaration of Kelli R. Willard West filed by Defendant Edward Wall re: 125 Motion for Summary Judgment (Attachments: # 1 Exhibit 1012 − DAI Policy No 309.61.03, # 2 Exhibit 1016 − Projected Feast Dates, # 3 Exhibit 1017 − Religious Property Chart) (Schmelzer, Jody),(ps) Modified on 12/29/2015. (lak) (Entered: 12/28/2015) 12/28/2015 142 Declaration of Michael Donovan filed by Defendant Edward Wall re: 125 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1013 − Letters from Schlemm, # 2 Exhibit 1014 − Ghost Feast Memos, # 3 Exhibit 1015 − 9/19/15 Notice) (Schmelzer, Jody),(ps) Modified on 12/29/2015. (lak) (Entered: 12/28/2015) 12/28/2015 143 Declaration of Jody J. Schmelzer filed by Defendant Edward Wall re: 125 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1018 − Correspondence, # 2 Exhibit 1019 − Receipt) (Schmelzer, Jody),(ps) Modified on 12/29/2015. (lak) (Entered: 12/28/2015) 12/28/2015 144 Brief in Opposition by Defendant Edward Wall re: 134 Motion for Reconsideration filed by David A. Schlemm, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/28/2015) 01/07/2016 145 Brief in Reply by Plaintiff David A. Schlemm in Support of 131 Motion to Stay Scheduling Order and to be allowed to use release account funds to purchase legal supplies. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 01/07/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 15 of 25 01/07/2016 146 Declaration of David A. Schlemm re: 131 Motion to Stay and to be allowed to use release account funds to purchase legal supplies. (Attachments: # 1 Exhibit 2 − Memorandum dated 7/22/2015 re: Legal Loan Extension, # 2 Exhibit 3 − ICE Receipt dated 8/11/2015 re: Legal Loan Extension) Note: Exhibit 1 is docketed separately at dkt. 147 Declaration of Todd E. Hiivala. (elc),(ps) (Entered: 01/07/2016) 01/07/2016 147 Declaration of Todd E. Hiivala filed by Plaintiff David A. Schlemm re: 131 Motion to Stay and to be allowed to use release account funds to purchase legal supplies. (elc),(ps) (Entered: 01/07/2016) 01/11/2016 148 Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 01/11/2016) 01/13/2016 149 ORDER denying 131 Motion to Stay and for use of release account funds; denying 134 Motion for Reconsideration. Plaintiff may have until January 26, 2016 to file his summary judgment reply brief. Absent good cause shown, all other scheduling dates in this matter remain unchanged. Signed by District Judge William M. Conley on 1/13/2016. (jef),(ps) (Entered: 01/13/2016) 01/13/2016 Reset Briefing Deadlines as to 125 MOTION FOR SUMMARY JUDGMENT. Plaintiff's Brief in Reply due 1/26/2016. (nln),(ps) (Entered: 01/13/2016) 01/15/2016 150 Exhibit List by Defendant Edward Wall. (Schmelzer, Jody),(ps) (Entered: 01/15/2016) 01/15/2016 151 Rule 26(a)(3) Pretrial Disclosures by Defendant Edward Wall. (Schmelzer, Jody),(ps) Modified docket text on 1/15/2016 (nln). (Entered: 01/15/2016) 01/15/2016 152 Motion in Limine by Defendant Edward Wall. (Schmelzer, Jody),(ps) (Entered: 01/15/2016) 01/15/2016 153 Certificate of Service by Defendant Edward Wall as to 151 Expert Witness Disclosures, 152 Motion in Limine, 150 Exhibit List. (Schmelzer, Jody),(ps) (Entered: 01/15/2016) 01/29/2016 154 Motion for Extension of Time until February 10, 2016 to file his summary judgment reply by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 01/29/2016) 01/29/2016 155 Motion for Reconsideration/Objection to 149 Order by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 01/29/2016) 01/29/2016 156 Motion for Assistance in Recruiting Counsel by Plaintiff David A. Schlemm. (Attachments: # 1 Letters to Attorneys Harth and Anstaett and Memo Chaplain dated 9/28/2012) (elc),(ps) (Entered: 01/29/2016) 02/03/2016 157 ORDER granting 154 Motion for Extension of Time. (Plaintiff's Brief in Reply due 2/10/2016); denying 155 Motion for Reconsideration; denying 156 Motion for Assistance in Recruiting Counsel. Signed by District Judge William M. Conley on 2/3/2016. (jef),(ps) (Entered: 02/03/2016) 02/05/2016 158 Motion to Compel Plaintiff to Respond to Discovery and to Have Admissions Deemed Admitted by Defendant Edward Wall. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 02/05/2016) 02/05/2016 159 Declaration of Jody J. Schmelzer filed by Defendant Edward Wall re: 158 Motion to Compel, (Attachments: # 1 Exhibit 1020 − Defendants Discovery Requests dated 11/17/15, # 2 Exhibit 1021 − Letter to Schlemm dated 12/30/15, # 3 Exhibit 1022 − Letter to Schlemm dated 01/15/16) (Schmelzer, Jody),(ps) Modified on 2/8/2016: Corrected date and typo in Exhibit 1020. (lak) (Entered: 02/05/2016) 02/05/2016 Set Deadlines as to 158 Motion to Compel Plaintiff to Respond to Discovery and to Have Admissions Deemed Admitted. Plaintiff's Brief in Opposition due 2/16/2016. Defendant's Brief in Reply due 2/23/2016. (elc),(ps) (Entered: 02/05/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 16 of 25 02/22/2016 160 Exhibits 9−11 (Letters) to 155 motion for reconsideration / objection to order filed by plaintiff David Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef),(ps) (Entered: 02/22/2016) 02/22/2016 161 Brief in Reply by Plaintiff David A. Schlemm in Support of 125 Motion for Summary Judgment. (Attachments: # 1 Exhibit NN − Community Death Feast, # 2 Exhibit OO − 2015 Chicken Sale Order form, # 3 Exhibit PP − Letter to Ms. Haese, 8/25/15, # 4 Exhibit QQ − Letter from Ms. Haese, 9/2/15, # 5 Exhibit RR − Letter to Ms. Haese, 8/28/15, # 6 Exhibit SS − Memo from Mike Donovan, Chaplain, 9/28/12, # 7 Exhibit TT − Letter to Ms. Haese, 9/29/15, # 8 Exhibit UU − Letter to Kurt Meyer from Ms. Haese, 8/24/15, # 9 Exhibit WW − Letter to Attys. Harth and Anstaett, 9/14/15, # 10 Exhibit XX − Letter to Attys. Harth and Anstaett, 10/25/15, # 11 Exhibit YY − Letter to Attys. Harth and Anstaett, 10/30/15, # 12 Exhibit ZZ − Adult conduct report and offender complaint re: 12/20/12, # 13 Exhibit AAA − Memo from Kelli Willard West, 12/2/15, # 14 Exhibit BBB − Letter to Dennis Mosher, 10/2/08, # 15 Exhibit CCC − Excerpts from Oglala Religion, # 16 Exhibit DDD − Excerpt from Black Elk, # 17 Exhibit EEE − Excerpt from The Sweatlodge, # 18 Exhibit FFF − Excerpt re: pipes, # 19 Exhibit GGG − The Native American Chanunpa, The Sacred Pipe) (jef),(ps) (Entered: 02/22/2016) 02/22/2016 162 Exhibit KK − Declaration of Jose Villarreal, Jr. filed by Plaintiff David A. Schlemm re: 125 Motion for Summary Judgment. (jef),(ps) (Entered: 02/22/2016) 02/22/2016 163 Exhibit LL − Declaration of David Doxtater filed by Plaintiff David A. Schlemm re: 125 Motion for Summary Judgment. (jef),(ps) (Entered: 02/22/2016) 02/22/2016 164 Declaration of Johnson Greybuffalo filed by Plaintiff David A. Schlemm. re: 125 Motion for Summary Judgment (jef),(ps) (Entered: 02/22/2016) 02/23/2016 165 ** TEXT ONLY ORDER ** The final pre−trial conference scheduled for March 16, 2016, will start at 12:30 p.m., as the court is in another civil trial that week. As to the trial scheduled for March 21st, in the event it takes more than one day, the court expects that plaintiff David Schlemm will be held locally, as opposed to be driven back to Green Bay Correctional Institution on Monday night, only to be driven back to Madison the next morning for the second day of trial. Signed by District Judge William M. Conley on 2/23/2016. (nln),(ps) (Entered: 02/23/2016) 02/23/2016 166 Writs issued for David A. Schlemm appearance on 3/16/2016 for Final Pretrial Conference; and appearance on 3/21/2016 for Court Trial. Original writs mailed to Green Bay Correctional Institution. Courtesy copies sent to USMS. Note: Also provided copy of text order 165 to Green Bay Correctional Institution. (Attachments: # 1 Writ issued for David A. Schlemm appearance on 3/21/2016 for Court Trial) (nln),(ps) (Entered: 02/23/2016) 02/25/2016 167 Rule 26(a)(3) Pretrial Disclosures by Plaintiff David A. Schlemm (Attachments: # 1 Envelope) (elc),(ps) (Entered: 02/25/2016) 02/25/2016 168 Letter from plaintiff requesting confirmation of filings. Docket sheet mailed to plaintiff in response to this request. (elc),(ps) (Entered: 02/25/2016) 02/29/2016 169 ORDER denying plaintiff's 125 Motion for Summary Judgment. Both sides may have until March 10, 2016, to advise the court as to their position as to the availability of permanent injunctive relief with respect to DOC's original policies on venison and headbands, including legal support; responses will be due March 17, 2016, with no replies unless ordered by the court; and this case shall proceed to a trial before the court on March 21, 2016 to resolve all remaining disputed material factual and legal issues. Signed by District Judge William M. Conley on 2/29/2016. (jef),(ps) (Entered: 02/29/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 17 of 25 02/29/2016 Briefing set re: availability of injunctive relief from DOC's original policies on venison and headbands. The parties' positions are due 3/10/2016. The parties' responses are due 3/17/2016. (jef),(ps) (Entered: 02/29/2016) 02/29/2016 170 Motion for Leave to File Amended Complaint, by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibit 1 − article re resignation of DOC Secretary Edward Wall, # 2 Disbursement Request, # 3 Cover Letter and Envelopes) (nln),(ps) (Entered: 02/29/2016) 03/02/2016 171 ORDER granting in part and denying in part 152 Motion in Limine; granting in part and denying in part 158 Motion to Compel; granting in part and denying in part 170 Motion for Leave to File. Plaintiff must provide discovery responses to defendant by March 11, 2016 and the parties may have until March 15, 2016 to file pretrial materials. Signed by District Judge William M. Conley on 3/2/2016. (mfh),(ps) (Entered: 03/02/2016) 03/03/2016 172 Motion for Extension of Time to Complete Discovery Pursuant to Fed. R. Civ. P. 6(b)(1), by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibit 1 − Plaintiff's Notice of Deposition of Edward Wall, # 2 Exhibit 2 − Plaintiff's Notice of Deposition of James Kaplanek, # 3 Exhibit 3 − Plaintiff's Notice of Deposition of Christine Brendt−Miles, # 4 Exhibit 4 − Plaintiff's Notice of Deposition of Jason Wilke, # 5 Exhibit 5 − Plaintiff's Brief in Opposition to Motion to Compel, # 6 Exhibit 6 − letter to AAG Schmelzer requesting to reschedule depositions, # 7 Exhibit 7 − letter to AAG Schmelzer requesting discovery contained on discs, (nln),(ps) (Main Document 172 replaced on 3/4/2016) (nln). (Additional attachment(s) added on 3/4/2016: # 8 Cover Letter, # 9 Envelope) (nln). (Entered: 03/03/2016) 03/03/2016 173 Brief in Opposition by Plaintiff David A. Schlemm re: 158 Motion to Compel Plaintiff to Respond to Discovery and to Have Admissions Deemed Admitted. (Also filed as Exhibit 5 to 172 motion for extension of time to complete discovery.) (nln),(ps) Modified docket entry on 3/4/2016 (nln). (Entered: 03/04/2016) 03/04/2016 174 ORDER denying plaintiff's 172 motion for extension of time to complete discovery pursuant to Fed. R. Civ. P. 6(b)(1). Signed by District Judge William M. Conley on 3/4/2016. (jef),(ps) (Entered: 03/04/2016) 03/07/2016 175 Motion to Reconsider Appointment of Counsel, by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope) (nln),(ps) (Entered: 03/07/2016) 03/07/2016 176 Declaration of Todd E. Hiilava, filed by plaintiff David A. Schlemm re 175 Motion to Reconsider Appointment of Counsel. (nln),(ps) (Entered: 03/07/2016) 03/10/2016 177 Response re: 169 Order on Motion for Summary Judgment, by Defendant Jon E. Litscher. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 03/10/2016) 03/11/2016 178 Motion to Compel Discovery, by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibit 1 − Plaintiff's Notice of Deposition of Edward Wall,, # 2 Exhibit 2 − Plaintiff's Notice of Deposition of James Kaplanek, # 3 Exhibit 3 − Plaintiff's Notice of Deposition of Christine Brendt−Miles, # 4 Exhibit 4 − Plaintiff's Notice of Deposition of Jason Wilke, # 5 Exhibit 5 − Plaintiff's Brief in Opposition to Motion to Compel, # 6 Exhibit 6 − letter to AAG Schmelzer requesting to reschedule depositions, # 7 Exhibit 7 − letter to AAG Schmelzer requesting discovery contained on discs, # 8 Cover Letter, # 9 Envelope) (nln),(ps) (Entered: 03/11/2016) 03/14/2016 179 Motion in Limine Regarding Expert Testimony by Defendant Jon E. Litscher. (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 03/14/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 18 of 25 03/15/2016 180 Final Pretrial Conference Report by Defendant Jon E. Litscher. (Schmelzer, Jody),(ps) Modified on 3/16/2016: Proposed Special Verdict Form is included. (lak) (Entered: 03/15/2016) 03/15/2016 181 Status Report Regarding Pretrial Submissions and Stipulations by Defendant Jon E. Litscher, (Attachments: # 1 Defendant's Trial Exhibit List (Two copies are attached. See 183 for single copy.) (Schmelzer, Jody),(ps) Modified on 3/16/2016. (lak) (Entered: 03/15/2016) 03/15/2016 182 Amended Response re: 169 Order on Motion for Summary Judgment, by Defendant Jon E. Litscher, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) Modified on 3/16/2016. (lak) (Entered: 03/15/2016) 03/16/2016 183 Exhibit List by Defendant Jon E. Litscher. (lak),(ps) (Entered: 03/16/2016) 03/16/2016 184 Writ Issued for Jose Villarreal, Jr. appearance on Monday, March 21, 2016. Original writ emailed to Green Bay Correctional Institution. Courtesy copy sent to USMS. (jef),(ps) (Entered: 03/16/2016) 03/16/2016 185 Writ Issued for David D. Doxtator appearance on Monday, March 21, 2016. Original writ emailed to Racine Correctional Institution. Courtesy copy sent to USMS.(nln),(ps) (Entered: 03/16/2016) 03/16/2016 186 Writ Issued for Johnson Greybuffalo appearance on Monday, March 21, 2016. Original writ emailed to Wisconsin Secure Program Facility. Courtesy copy sent to USMS. (nln),(ps) (Entered: 03/16/2016) 03/16/2016 187 Proposed Special Verdict by Defendant Jon E. Litscher. (Schmelzer, Jody),(ps) (Entered: 03/16/2016) 03/16/2016 188 Minute Entry for proceedings held before District Judge William M. Conley: Final Pretrial Conference held on 3/16/2016. Trial predicted to last 1−2 days. [1:08] Attention: In the event of a settlement of this matter over the weekend, counsel are advised to contact the Clerk of Court at (608) 287−4875 or the Chief Deputy Clerk at (608) 354−8004. (Court Reporter LS.) (nln),(ps) (Entered: 03/16/2016) 03/16/2016 189 Exhibit A to 188 Final Pretrial Conference. (Attachments: # 1 Plaintiff's Rule 26(a(3)(A)(i) Pretrial Disclosure, # 2 Petition for Writ of Habeas Corpus Ad Testificandum, # 3 State Misconduct by Defendant's Subordinates Failure to Allow Plaintiff to Inform His Witnesses of Scheduled Trial Date, # 4 Motion Based on State's Misconduct re Court's Order dated March 2, 2016, # 5 Response for Advisory Counsel at Trial (Filed UNDER SEAL) (nln),(ps) Modified docket text on 3/16/2016 (nln). (Entered: 03/16/2016) 03/17/2016 190 State Misconduct by Defendant's Subordinates Failure to Allow Plaintiff to Inform Witnesses of Scheduled Trial Date by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibit 1 − ICE Report and Reviewer's Decision, # 2 Exhibit 2 −Disciplinary Hearing Reasons for Decision and Evidence Relied on, # 3 Exhibit 3 − March 2, 2016 Correspondence from plaintiff to Michelle Haese, Social Services Director, # 4 Exhibit 4 − Interview/Information Request, # 5 Exhibit 5 − Inmate Complaint, # 6 Cover Letter and Envelope) (elc),(ps) (Entered: 03/17/2016) 03/17/2016 191 Motion for Issuance of Subpoena to Randy Cornelius for trial by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 03/17/2016) 03/17/2016 192 Petitions for Writs of Habeas Corpus Ad Testificandum for Jose Villarreal Jr., Johnson W. Greybuffalo and David D. Doxtater by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibit A − Declaration of Jose Villarreal Jr. (Same as Dkt. 162 ), # 2 Exhibit B − Declaration of Johnson W. Greybuffalo (Same as Dkt. 164 ), # 3 Exhibit C − Declaration of David D. Doxtater (Same as Dkt. 163 )) (elc),(ps) (Entered: 03/17/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 19 of 25 03/17/2016 Reset Deadlines/Hearings: The Court Trial set for Monday, March 21, 2016 will begin at 8:30 AM in courtroom 360. (elc),(ps) (Entered: 03/17/2016) 03/17/2016 193 Amended Writ Issued for David Schlemm appearance on Monday, March 21, 2016. Original writ emailed to Green Bay Correctional Institution. Courtesy copy sent to USMS. (jef),(ps) Modified on 3/17/2016 (jef). (Entered: 03/17/2016) 03/17/2016 194 Response regarding Advisory Counsel at Trial by Plaintiff David A. Schlemm. (Same as dkt. 189 −5. (Sealed Document) (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 03/17/2016) 03/17/2016 195 Motion for finding of state misconduct re: Court's March 2, 2016 Order (same as dkt. 189 −4) by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibit 1 − Interview/Information Request, # 2 Exhibit 2 − Feb. 19, 2016 Letter to Peter Oppeneer, # 3 Exhibit 3 − Inmate Complaint, # 4 Exhibit 4 − ICE Receipt, # 5 Plaintiff's Brief in opposition to Defendant's Motion to Compel, # 6 Plaintiff's Response to First Set of Requests for Admissions, Interrogatories and Requests for Production of Documents) (elc),(ps) (Entered: 03/17/2016) 03/17/2016 196 Motion for Issuance of Subpoena for Bryan Krist for trial by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 03/17/2016) 03/17/2016 197 Motion for Issuance of Subpoena for Roy Red Hail for trial by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 03/17/2016) 03/17/2016 198 Motion for Issuance of Subpoena for Dr. Deward E. Walker by Plaintiff David A. Schlemm. (elc),(ps) (Entered: 03/17/2016) 03/17/2016 199 Exhibits submitted for trial by Plaintiff David A. Schlemm. Note: submitted in person at the 3/16/2016 Final Pretrial Conference. (Attachments: # 1 Exhibits, # 2 Exhibits, # 3 Exhibits, # 4 Exhibits, # 5 Exhibits, # 6 Exhibits) (elc),(ps) (Entered: 03/17/2016) 03/18/2016 200 ORDER denying 175 Motion to reconsider appointment of counsel; granting in part and denying in part 178 Motion to Compel; granting 179 Motion in Limine ; denying 191 , 196 , 197 , 198 Motions for Issuance of Subpoenas; denying as moot 195 Motion for finding of state misconduct. Plaintiff may not elicit expert testimony from Randy Cornelius, Bryan Krist or Roy Red Hail, but may elicit relevant fact testimony from these witnesses. Signed by District Judge William M. Conley on 3/18/2016. (jef),(ps) (Entered: 03/18/2016) 03/18/2016 201 Final (Supplemental) Pretrial Conference Report by Defendant Jon E. Litscher, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) Modified on 3/21/2016. (lak) (Entered: 03/18/2016) 03/18/2016 202 Objections to Trial Exhibits by Defendant Jon E. Litscher. (Schmelzer, Jody),(ps) (Entered: 03/18/2016) 03/21/2016 203 Plaintiff Request Leave of the Court to Allow Johnson W. Greybuffalo to Assist Plaintiff at Trial, by Plaintiff David A. Schlemm. (nln),(ps) (Entered: 03/21/2016) 03/21/2016 204 Minute Entry for proceedings held before District Judge William M. Conley: First Day of Court Trial held on 3/21/2016 Trial continues. (Court Reporter LS/CS.) (nln) [5:26],(ps) (Entered: 03/21/2016) 03/21/2016 03/22/2016 Set Trial Date: Court Trial set for 3/22/2016 at 09:00 AM. (nln),(ps) (Entered: 03/21/2016) 205 Minute Entry for proceedings held before District Judge William M. Conley: 2nd Day Court Trial held on 3/22/2016. (Court Reporter LS.) (nln),(ps) [1:43] (Entered: 03/22/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 20 of 25 03/22/2016 206 Exhibit List of Admitted Exhibits by Plaintiff David A. Schlemm. (Attachments: # 1 Exhibit 1016 − Memos dated 12/11/07, 1/22/09, 1/26/10 from Religious Practices Advisory Committee Co−chairs; Memos dated 2/03/11, 12/28/11, 12/17/12, 12/18/13 from Ms. Kelli Willard−West, # 2 Exhibit 1017 − Memo dated 12/02/15 from Ms. Kelli Willard−West) (nln),(ps) (Entered: 03/22/2016) 03/22/2016 207 Exhibit List of Admitted Exhibits by Defendant Jon E. Litscher. (Attachments: # 1 Exhibit 503A − Revised "Religious Property Chart" attachment to DAI Policy No. 309.61.02, # 2 Exhibit 504 − DAI Policy No. 309.61.03, # 3 Exhibit 525 − Photographs of GBCI Kitchen, # 4 Exhibit 527 − DAI Religious Preference Population Chart) (nln),(ps) (Entered: 03/22/2016) 10/27/2016 208 Notice by Defendant Jon E. Litscher of Correspondence with Plaintiff Regarding Venison for the Ghost Feast. (Schmelzer, Jody),(ps) (Entered: 10/27/2016) 11/04/2016 209 Motion for Finding of Contempt/Motion to Enforce − Noncompliance with Preliminary Injunction by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 11/04/2016) 11/04/2016 210 Declaration of David A. Schlemm filed by Plaintiff David A. Schlemm re: 209 Motion for Finding of Contempt/Motion to Enforce − Noncompliance with Preliminary Injunction. (Attachments: # 1 Exhibits in Support, # 2 Cover Letter and Envelope) (elc),(ps) (Entered: 11/04/2016) 11/08/2016 211 ORDER that plaintiff has proven that defendant violated his rights under RLUIPA by failing to accommodate his requests for (a) a multi−colored headband, and (b) game meat and fried bread at the annual Ghost Feast. The court enters a permanent injunction as described within this order. The clerk of court is directed to close this case. Signed by District Judge William M. Conley on 11/8/2016. (jef),(ps) (Entered: 11/08/2016) 11/10/2016 212 AMENDED JUDGMENT entered in favor of Plaintiff David A. Schlemm dismissing this case. (WMC /PAO). (jef),(ps) (Entered: 11/10/2016) 11/16/2016 213 Letter Requesting Docket Sheet by Plaintiff David A. Schlemm. Mailed requested docket sheet to plaintiff. (Attachments: # 1 Envelope) (nln),(ps) (Entered: 11/16/2016) 12/05/2016 214 Motion to Alter or Amend Judgment Pursuant to Rule 59 by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope) (nln),(ps) (Entered: 12/06/2016) 12/05/2016 215 Declaration of David A. Schlemm re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (Attachments: # 1 Exhibit 1 − Addendum to the Defendant's Proposed Special Verdict, # 2 Exhibit 2 − Invoice dated 10/7/16 from Carol's Fry Bread, # 3 Exhibit 9 − excerpt from A Primer on Food Labels, # 4 Exhibit 10 − Letter from AAG Schmelzer dated 11/22/16, # 5 Exhibit 11 − Correspondence to Michelle Haese from David Schlemm dated 11/18/16, # 6 Exhibit 12 − CCE Receipt Complaint Number GBCI−2012−22219, # 7 Exhibit 13 − Order From January 2017 KFC Sale & Fund Raiser, # 8 Exhibit 14 − Memo from Jim Schwochert dated 6/21/16 re DAI Policy 309.45.02 Inmate Trust System Deductions − Revised, # 9 Exhibit 15 − Trust Account Statement from 10/30 − 11/11/16, # 10 Exhibit 19 − CCE Receipt Complaint Number GBCI−2016−15950, # 11 Exhibit 20 − ICE Receipt Complaint Number GBCI−2016−22070) (nln),(ps) (Entered: 12/06/2016) 12/05/2016 216 Declaration of Gerald Stevens filed by Plaintiff David A. Schlemm (Exhibit 3) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 21 of 25 12/05/2016 217 Declaration of Walter V. Rupar filed by Plaintiff David A. Schlemm (Exhibit 4) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 218 Declaration of Steven Bangle filed by Plaintiff David A. Schlemm (Exhibit 5) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 219 Declaration of Dusstin C. Longtin filed by Plaintiff David A. Schlemm (Exhibit 6) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 220 Declaration of Kevin Kaquatosh filed by Plaintiff David A. Schlemm (Exhibit 7) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 221 Declaration of Tony Adams filed by Plaintiff David A. Schlemm (Exhibit 8) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 222 Declaration of Omer Ninham filed by Plaintiff David A. Schlemm (Exhibit 16) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 223 Declaration of William Craig filed by Plaintiff David A. Schlemm (Exhibit 17) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 224 Declaration of Brandon Brunette filed by Plaintiff David A. Schlemm (Exhibit 18) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 225 Declaration of Shaun Thorskrieger Ravenwood−Alexander filed by Plaintiff David A. Schlemm (Exhibit 21) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 226 Declaration of Thomas Blake filed by Plaintiff David A. Schlemm (Exhibit 22) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/05/2016 227 Declaration of Jose Nery filed by Plaintiff David A. Schlemm (Exhibit 23) re: 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. (nln),(ps) (Entered: 12/06/2016) 12/06/2016 Set Briefing Deadlines as to 214 Motion to Alter or Amend Judgment Pursuant to Rule 59. Defendant's Brief in Opposition due 12/29/2016. Plaintiff's Brief in Reply due 1/9/2017. (nln),(ps) (Entered: 12/06/2016) 12/08/2016 228 Letter from plaintiff David A. Schlemm enclosing corrected page 12 to 214 Motion to Alter or Amend Judgment (Attachments: # 1 Corrected Page 12 to 214 Motion to Alter or Amend Judgment Pursuant to Rule 59, # 2 Envelope) (nln),(ps) (Entered: 12/08/2016) 12/29/2016 229 Brief in Opposition by Defendant Jon E. Litscher re: 214 Motion to Alter or Amend Judgment filed by David A. Schlemm, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 12/29/2016) 12/29/2016 230 Declaration of Michelle Haese re: 214 Motion to Alter or Amend Judgment. (Schmelzer, Jody),(ps) Modified on 12/30/2016. (lak) (Entered: 12/29/2016) 12/29/2016 231 Disregard. See 235 . Modified on 12/30/2016. (lak) (Entered: 12/29/2016) 12/29/2016 232 Motion for Finding of Contempt by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 12/29/2016) 12/29/2016 233 Declaration of David A. Schlemm re: 232 Motion for Finding of Contempt (Attachments: # 1 Cover Letter and Envelope) (elc),(ps) (Entered: 12/29/2016) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 22 of 25 12/29/2016 12/29/2016 234 Declaration of Walter V. Rupar 3rd filed by Plaintiff David A. Schlemm re: 232 Motion for Finding of Contempt (elc),(ps) (Entered: 12/29/2016) Set Deadlines as to 232 Motion for Finding of Contempt. Defendant's Brief in Opposition due 1/12/2017. Plaintiff's Brief in Reply due 1/23/2017. (elc),(ps) (Entered: 12/29/2016) 12/30/2016 235 Declaration of Kelli R. Willard West filed by Defendant Jon E. Litscher re: 214 Motion to Alter or Amend Judgment, (Attachments: # 1 Exhibit 1023−Email from West dated 8.14.15, # 2 Exhibit 1024−Inmate Complaint dated 9.1.16, # 3 Exhibit 1025−Letter from Schlemm dated 10.23.15) (Schmelzer, Jody),(ps) (Entered: 12/30/2016) 12/30/2016 236 Certificate of Service by Defendant Jon E. Litscher as to 235 Declaration. (Schmelzer, Jody),(ps) (Entered: 12/30/2016) 01/09/2017 237 Motion for extension of time to file reply brief, by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter and Envelope) (nln),(ps) (Entered: 01/09/2017) 01/09/2017 238 ** TEXT ONLY ORDER ** ORDER granting 237 Motion for Extension of Time. Plaintiff's Brief in Reply re 214 Motion to Alter or Amend Judgment Pursuant to Rule 59 due 1/23/2017. Signed by Magistrate Judge Stephen L. Crocker on 1/9/2017. (nln),(ps) (Entered: 01/09/2017) 01/12/2017 239 Brief in Opposition by Defendant Jon E. Litscher re: 232 Motion for Finding of Contempt filed by David A. Schlemm, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) Modified on 1/14/2017. (lak) (Entered: 01/12/2017) 01/27/2017 240 Brief in Reply by Plaintiff David A. Schlemm in Support of 214 Motion to Alter or Amend Judgment. (Attachments: # 1 Cover Letters, # 2 Envelopes) (nln),(ps) (Entered: 01/27/2017) 01/27/2017 241 Declaration of David A. Schlemm re 240 Brief in Reply in Support of 214 Motion to Alter or Amend Judgment. (Attachments: # 1 Exhibit 1 − Plaintiff letter to Attorneys David Harth and David Anstaett dated 11/23/15, # 2 Exhibit 2 − Attorney David Anstaett letter to plaintiff dated 12/1/15, # 3 Exhibit 3 − Complaint GBCI−2016−11433 receipt, # 4 Exhibit 4 − Michelle Haese Letter to staff and inmates dated 12/2/16, # 5 Exhibit 5 − Group Complaint GBCI−2016−27811 receipt, # 6 Exhibit 6 − Group Complaint GBCI−2016−27813 receipt, # 7 Exhibit 7 − page 9 of Affidavit of Michael Donovan re Greybuffalo v. Bertandt, 3−C−559−C, # 8 Exhibit 8 − Complaint GBCI−2017−1115, # 9 Cover letter and envelopes) (nln),(ps) (Entered: 01/27/2017) 01/27/2017 242 Motion for extension of time to file reply re 232 motion for finding of contempt, by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope) (nln),(ps) (Entered: 01/27/2017) 01/27/2017 243 ** TEXT ONLY ORDER ** ORDER granting 242 motion for extension of time to file reply re 232 motion for finding of contempt. Plaintiff's Brief in Reply due 2/6/2017. Signed by Magistrate Judge Stephen L. Crocker on 1/27/2017. (nln),(ps) (Entered: 01/27/2017) 02/08/2017 244 Motion for Extension of Time to file reply in support of motion for contempt by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, Certificate of Service and Envelope) (elc),(ps) (Entered: 02/08/2017) 02/08/2017 245 Addendum to 240 Brief in Reply in Support of 214 Motion to Alter or Amend Judgment. (Attachments: # 1 Cover Letter, Certificate of Service and Envelope) (elc),(ps) (Entered: 02/08/2017) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 23 of 25 02/09/2017 246 ** TEXT ONLY ORDER ** Plaintiff David Schlemm's second motion (dkt. 244 )for an extension of time to file his brief in reply to his motion for contempt is GRANTED. Plaintiff may have until February 21, 2017 to submit his reply brief. The clerk's office is directed to send plaintiff a copy of defendants' opposition brief along with this order. Plaintiff is not likely to receive a third extension of this deadline. Signed by Magistrate Judge Stephen L. Crocker on 2/9/2017. (elc),(ps) (Entered: 02/09/2017) 02/27/2017 247 Brief in Reply by Plaintiff David A. Schlemm in Support of 232 Motion for Finding of Contempt. (Attachments: # 1 Cover Letter, # 2 Certificate of Service, # 3 Envelope) (nln),(ps) (Entered: 02/27/2017) 02/27/2017 248 Declaration of David A. Schlemm re 247 Brief in Reply in support of 232 Motion for Finding of Contempt. (nln),(ps) (Entered: 02/27/2017) 05/03/2017 249 Motion for Finding of Contempt by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope) (elc),(ps) (Entered: 05/03/2017) 05/03/2017 250 Declaration of David A. Schlemm re: 249 Motion for Finding of Contempt. (elc),(ps) (Entered: 05/03/2017) 05/03/2017 Set Deadlines as to 249 Motion for Finding of Contempt. Defendant's Brief in Opposition due 5/17/2017. Plaintiff's Brief in Reply due 5/24/2017. (elc),(ps) (Entered: 05/03/2017) 05/17/2017 251 Brief in Opposition by Defendant Jon E. Litscher re: 249 Motion for Finding of Contempt filed by David A. Schlemm, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 05/17/2017) 05/17/2017 252 Declaration of Michael Donovan filed by Defendant Jon E. Litscher re: 249 Motion for Finding of Contempt, (Attachments: # 1 Exhibit 1026 − Incident Report No. 193568) (Schmelzer, Jody),(ps) (Entered: 05/17/2017) 05/17/2017 253 Declaration of Kelli R. Willard West filed by Defendant Jon E. Litscher re: 249 Motion for Finding of Contempt, (Attachments: # 1 Exhibit 1027 − Inmate Complaint No. GBCI−2015−21697) (Schmelzer, Jody),(ps) (Entered: 05/17/2017) 05/30/2017 254 Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: # 1 Cover Letter, # 2 Envelope) (jef),(ps) (Entered: 05/30/2017) 06/02/2017 255 ** TEXT ONLY ORDER ** ORDER granting plaintiff David Schlemm's 254 Motion for Extension of Time to file his reply to his second 249 motion for finding of contempt. Plaintiff's Brief in Reply due 6/9/2017. Signed by Magistrate Judge Stephen L. Crocker on 6/2/2017. (jef),(ps) (Entered: 06/02/2017) 06/02/2017 256 Notice from the Clerk regarding the Prisoner E−Filing Program. (Attachments: # 1 Prisoner E−Filing Information Packet) (jef),(ps) (Entered: 06/02/2017) 06/08/2017 257 Second Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: # 1 Attachment 1 − Health Service Request, # 2 Attachment 2 − CCE Receipt Complaint Number GBCI−2017−10446, # 3 Attachment 3 − ICE Receipt Complaint Number GBCI−2017−14087, # 4 Certificate of Service) (nln),(ps) (Entered: 06/08/2017) 06/08/2017 258 ** TEXT ONLY ORDER ** ORDER granting 257 Second Motion for Extension of Time to file his reply to his second 249 motion for finding of contempt. Plaintiff's Brief in Reply due 6/16/2017. Signed by Magistrate Judge Stephen L. Crocker on 6/8/2017. (nln),(ps) (Entered: 06/08/2017) Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 24 of 25 06/16/2017 259 Brief in Reply by Plaintiff David A. Schlemm in Support of Second 249 Motion for Finding of Contempt. (Attachments: # 1 Certificate of Service) (nln),(ps) (Entered: 06/16/2017) 06/16/2017 260 Declaration of David A. Schlemm in support of 259 Reply to second 249 Motion for Finding of Contempt. (Attachments: # 1 Exhibit 1 − Offender Complaint, ICE Report and Reviewer's Decision Group Complaint Number GBCI−2012−23276, # 2 Exhibit 2 − Letter from plaintiff to Michael Donovan, Chaplain dated 10/4/12, # 3 Exhibit 3 − Inmate Complaint, ICE Report, Reviewing Authority's Decision, Inmate Complaint Appeal Group Complaint Number GBCI−2016−27811, # 4 Exhibit 4 − Inmate Complaint, ICE Report, Reviewing Authority's Decision, Inmate Complaint Appeal Group Complaint Number GBCI−2016−27813, # 5 Exhibit 5 − Department of Corrections Work Rules, # 6 Exhibit 6 − Invoice from Colleen's Garden's & Native American Products dated 1/27/17, # 7 Exhibit 7 − DOC−237 Property Receipt, # 8 Exhibit 8 − Adult Conduct Report, # 9 Exhibit 9 − Letter from plaintiff to Randy Cornelius dated 1/11/17, # 10 Exhibit 10 − Inmate Complaint, ICE Report, Reviewing Authority's Decision,Complaint Number GBCI−2016−5458, # 11 Exhibit 11 − Letter from Michelle Haese, Social Services Director to plaintiff dated 3/8/16, # 12 Exhibit 12 − Inmate Complaint and ICE Receipt Complaint Number GBCI−2017−9034, # 13 Exhibit 13 − Offender Complaint, ICE Report, Reviewing Authority's Decision, CCE Report, OOS Report Complaint Number GBCI−2008−336) (nln),(ps) (Entered: 06/16/2017) 06/16/2017 261 Declaration of Dustin Harwick filed by Plaintiff David A. Schlemm in support of 259 reply to second 249 Motion for Finding of Contempt.,(ps) (Main Document 261 replaced on 6/19/2017 to separate out declarations of 263 Rupar and 264 Kaquatosh) (nln). (Entered: 06/16/2017) 06/16/2017 262 Motion for Assistance in Recruiting Counsel by Plaintiff David A. Schlemm. (nln),(ps) (Entered: 06/16/2017) 06/16/2017 263 Declaration of Walter V. Rupar filed by Plaintiff David Schlemm re 259 Brief in Reply to 249 Motion for Finding of Contempt. (nln),(ps) (Entered: 06/19/2017) 06/16/2017 264 Declaration of Kevin A. Kaquatosh filed by Plaintiff David A. Schlemm re 259 Brief in Reply to 249 Motion for Finding of Contempt. (nln),(ps) (Entered: 06/19/2017) 08/08/2017 265 Letter from Plaintiff David Schlemm to Judge Conley providing copy of letter addressed to Kelli Willard−West re: Native American Urg, "Denied Sweat Lodge Ceremony." (Attachments: # 1 Letter to Kelli Williard−West dated 8/2/2017) (nln),(ps) (Entered: 08/08/2017) 09/07/2017 266 Motion for Finding of Contempt − Noncompliance with Court's Permanent Injunction by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service) (jef),(ps) (Entered: 09/07/2017) 09/07/2017 267 Declaration of David A. Schlemm re: 266 Motion for Finding of Contempt. (Attachments: # 1 Exhibits 1−5 − Correspondence, offender complaint, other papers) (jef),(ps) (Entered: 09/07/2017) 09/08/2017 Set Briefing Deadlines as to 266 Motion for Finding of Contempt. Defendant's Brief in Opposition due 9/25/2017. Plaintiff's Brief in Reply due 10/2/2017. (jef),(ps) (Entered: 09/08/2017) 09/08/2017 268 Letter to Judge Conley from plaintiff David Schlemm re: 214 Motion to Alter or Amend Judgment. (Attachments: # 1 Certificate of Service) (jef),(ps) Modified text on 9/12/2017 (jef). (Entered: 09/08/2017) 09/08/2017 269 Declaration of David Schlemm re 268 Letter re: 214 Motion to Alter or Amend Judgment. (Attachments: Case: 3:11-cv-00272-wmc As of: 10/12/2017 03:56 PM CDT 25 of 25 # 1 Exhibits 1−3 − Letter, envelope, business cards) (jef),(ps) Modified text on 9/12/2017 (jef). (Entered: 09/08/2017) 09/19/2017 270 Supplement for Relief Sought re: 266 Motion for Finding of Contempt filed by David A. Schlemm. (Attachments: # 1 Certificate of Service) (jef),(ps) (Entered: 09/19/2017) 09/25/2017 271 Brief in Opposition by Defendant Jon E. Litscher re: 266 Motion for Finding of Contempt filed by David A. Schlemm, (Attachments: # 1 Certificate of Service) (Schmelzer, Jody),(ps) (Entered: 09/25/2017) 09/25/2017 272 Declaration of Samantha Jandrin filed by Defendant Jon E. Litscher re: 266 Motion for Finding of Contempt, (Attachments: # 1 Exhibit 1028 − Unredacted Inmate Classification Report) (Schmelzer, Jody),(ps) Modified on 9/26/2017. (lak) (Entered: 09/25/2017) 09/25/2017 273 Declaration of Kelli R. Willard West filed by Defendant Jon E. Litscher re: 266 Motion for Finding of Contempt, (Attachments: # 1 Exhibit 1029 − Religious Property Chart, # 2 Exhibit 1030 − DAI 309.61.03) (Schmelzer, Jody),(ps) (Entered: 09/25/2017) 09/26/2017 274 ORDER denying plaintiff David Schlemm's motion to alter or amend the judgment (dkt. # 214 ), motions for contempt (dkt. ## 232 , 249 , 266 ), and motion for assistance in recruiting counsel (dkt. # 262 ). Signed by District Judge William M. Conley on 9/26/2017. (jef),(ps) (Entered: 09/26/2017) 10/03/2017 275 Motion for Extension of Time by Plaintiff David A. Schlemm. (Attachments: # 1 Certificate of Service) (jef),(ps) (Entered: 10/03/2017) 10/03/2017 276 ** TEXT ONLY ORDER ** On September, 26, 2017 the court denied plaintiff David Schlemm's pending motions, including plaintiff's motion for contempt, dkt. 266 . Accordingly, plaintiff's motion for extension of time, dkt. 275 , to file his brief in reply to his dkt. 266 motion for contempt is DENIED as moot. Signed by Magistrate Judge Stephen L. Crocker on 10/3/2017. (jef),(ps) (Entered: 10/03/2017) 10/12/2017 277 NOTICE OF APPEAL by Plaintiff David A. Schlemm as to 274 Order, 212 Judgment. In forma pauperis pending. Docketing Statement filed. (Attachments: # 1 Docketing Statement, # 2 Certificate of Service) (jef),(ps) (Entered: 10/12/2017)

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