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)

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: [e-mail]
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: [e-mail]
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: [e-mail]
TERMINATED: 12/02/2015
Jesse Jonas Bair
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608−393−2524
Email: [e-mail]
TERMINATED: 12/02/2015

V.
Defendant

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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: [e-mail]
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: [e-mail]
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: [e-mail]
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

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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

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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)

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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:

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)