Leiser, Loren v. Voeks, Jeannie et al

Filing 39

ORDER that plaintiff may have until May 18, 2012 to respond to defendants' information regarding defendant Speers/Spencer. Signed by Magistrate Judge Stephen L. Crocker on 5/4/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
LOREN L. LEISER, SR.,
ORDER
Plaintiff,
v.

11-cv-328-slc

JEANNIE ANN VOEKS R.N., DR. BRIAN J. BOHLMAN,
DR. KENNETH ADLER, DR. BRUCE GERLINGER,
DR. BRAUNSTEIN, DR. JOAN M. HANNULA,
BRADLEY HOMPE, JAMES GREER, REED RICHARDSON,
HOLLY GUNDERSON, TIMOTHY HAINES,
JODI DOUGERTY, CHERYL WEBSTER,
KENNETH MILBECK, MATTHEW GERBER,
JEROME SWEENEY, PATRICK LYNCH, JUDY BENTLEY,
PATRICIA SCHERREIKS, RENE ANDERSON, DAVID BURNETT,
DR. SPEERS AND JAMES LABELLE 1,
Defendants.

__________________________________________________________________________________
On April 6, 2012, the attorney for the newly named Doe defendants in this case filed
their answer to plaintiff’s amended complaint. The attorney, however, did not accept service
for defendant Dr. Speers, stating that the Department of Corrections has no record of ever
having employed a physician with the last name of Speers. The attorney further states that
previously there was a Dr. Spencer employed as a locum tenens physician with the DOC but he
was not, and is not, an employee of the State of Wisconsin. This raises the questions whether
plaintiff has the correct name of the doctor and whether this doctor ever served on DOC
committee that approves surgery (it seems unlikely that this defendant would have served on the
committee if he was not actually employed by the DOC). In order to serve this defendant, the
U.S. Marshal will need a name (and only one name) to search for. Therefore, I will give plaintiff

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I have amended the caption to replace the Jane/John Doe(s) with the names Holly Gunderson,
Timothy Haines, Jodi Dougherty, Cheryl W ebster, Kenneth M ilbeck, M atthew Gerber, Jerome Sweeney,
Patrick Lynch, Judith Bentley, Patricia Scherreiks, Rene Anderson, Dr. David Burnett and James Labelle,
as identified in the body of plaintiff’s supplement to his complaint.

a short period of time to respond to defendants’ assertions about Dr. Speers/Spencer—plaintiff
should explain whether he wishes to press forward on his claim against this doctor seeing as it
now appears unlikely that this doctor served on the DOC committee. If plaintiff does wish to
pursue his claim, he will have to settle on one name; he should explain whether he wants the U.S.
Marshal to attempt to serve either Speers or Spencer. He should include any more information
he has about this defendant to assist the U.S. Marshal in accomplishing service.

ORDER
IT IS ORDERED that plaintiff may have until May 18, 2012 to respond to defendants’
information regarding defendant Speers/Spencer as outlined above.

Entered this 4th day of May, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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