Simpson, Willie v. County Of Grant et al

Filing 44

ORDER that plaintiff shall complete discovery to identify Doe defendants by 10/5/2012. Plaintiff's amended complaint naming Doe defendants due by 11/5/2012. The identified Doe defendants answer(s) due by 11/26/2012. Signed by Magistrate Judge Stephen L. Crocker on 9/13/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________________
WILLIE SIMPSON.
ORDER
Plaintiff,
v.

11-cv-851-bbc

TIMOTHY HAINES, THOMAS BELZ,
KEITH WIEGEL, TIMOTHY JONES,
SCOTT JONES, MICHAEL COCKCROFT,
TODD BRUDOS, DANE ESSER, SHAWN GALLINGER,
MATTHEW SCULLION, THOMAS BROWN,
PETER BRINKMAN, LAVERNE WALLACE, BRIAN GENRICH,
MICHAEL SHERMAN, SARAH PELKY, MATTHEW OSWALD,
TRAVIS PARR, DAN SUTHERS, NICHOLAS MORIS,
JASON ROBERTS, AARON RICHTER, RUSSELL HILL,
DANIEL LEFFLER and SIX JOHN DOE CORRECTIONAL OFFICERS 1,
Defendants.

__________________________________________________________________________________
The Preliminary Pretrial Conference Order entered in this case on June 11, 2012 is
hereby AMENDED to add the following deadlines and explanations regarding the Doe
defendants in this lawsuit:

Identifying the Doe Defendants
A) October 5, 2012: Plaintiff shall complete service of his discovery requests aimed at
identifying his Doe defendants. It is important for plaintiff to prepare clear, thorough discovery
requests so that the assistant attorney general and the institution have enough information to
provide useful responses. It is not the responsibility of the assistant attorney general or the
institution to determine the identities of the Doe defendants on their own. Upon receipt of
plaintiff’s discovery requests relating to Doe defendants, the assistant attorney general should

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I have amended the caption to replace C.O. Genrich with the name Brian Genrich, Sgt. Sherman
with the name M ichael Sherman, C.O. Pelky with the name Sarah Pelky, C.O. Oswald with the name
M atthew Oswald, C.O. Parr with the name Travis Parr, C.O. Sutters with the name Dan Suthers, C.O.
M oris with the name Nicholas M oris, Sgt. Roberts with the name Jason Roberts, Sgt. Richter with the
name Aaron Richter, Sgt. Hill with the name Russell Hill and Sgt. Leffler with the name Daniel Leffler as
identified in the Amended Acceptance of Service.

endeavor to provide the requested information as soon as possible but not later than the time
allowed by the federal rules of civil procedure. Although the assistant attorney general and the
institution have no duty to conduct a proactive investigation, the court expects them to use good
faith best efforts promptly to identify the Doe defendants in this case. The assistant attorney
general should file with the court a copy of his responses to plaintiff’s discovery requests relating
to the Doe defendants. The assistant attorney general also must report to the court whether he
will accept service of the amended complaint on behalf of some or all of the Doe defendants. If
he chooses not to accept service, then he must provide to the court, ex parte and under seal, the
known addresses of the now-identified Doe defendants so that the Marshals Service may serve
them with the amended complaint.
B) November 5, 2012: Plaintiff shall file an amended complaint. Plaintiff may handwrite in his changes. The caption of the document shall be changed to identify it as the amended
complaint. Plaintiff shall replace all references to Doe defendants with the names provided to
him by the state. Plaintiff shall not make any other changes to his complaint without first asking
for and receiving permission from the court.
Note well: If plaintiff does not file an amended complaint naming the Doe defendants by
the deadline, then this court could dismiss all of plaintiff’s claims against the Doe defendants.
C) November 26, 2012: The now-identified Doe defendants shall file and serve their
answers to plaintiff’s amended complaint.

Entered this 13th day of September, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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