Estate of A.K.W.N. et al v. Wood County Department of Human Services et al

Filing 64

ORDER re 46 MOTION FOR SUMMARY JUDGMENT filed by Defendants. Brief in Reply due 12/20/2013. Signed by District Judge Barbara B. Crabb on 12/9/2013. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ESTATE OF A.K.W.N. and
TINA MARIE ARZT,
ORDER
Plaintiffs,
12-cv-871-bbc
v.
WOOD COUNTY DEPARTMENT OF HUMAN SERVICES,
JENNY DELO, KELLY BRAGG, CRAIG RASMUSSEN and
WISCONSIN COUNTY MUTUAL INSURANCE CORP.,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiffs Estate of A.K.W.N. and Tina Marie Arzt are suing a municipality, its insurer
and three municipal employees under 42 U.S.C. § 1983 and state law for failing to prevent
A.K.W.N., a juvenile, from committing suicide.

Defendants have filed a motion for

summary judgment in which they argue that they are entitled to absolute immunity and
discretionary immunity on plaintiffs’ claims. In response, plaintiffs raised a number of
arguments about the scope of their claims that defendants did not anticipate in their opening
brief. Although defendants discussed these issues in their reply brief, plaintiff has not had
an opportunity to respond. Accordingly, I will allow plaintiff to file a surreply brief to
address any arguments that defendants raised for the first time in their reply brief.
On another matter, the parties were notified of a status conference in this case to take
place on December 18, 2013. That letter was sent in error and should be disregarded. There
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will be no status conference on the 18th.

ORDER
IT IS ORDERED that plaintiffs Estate of A.K.W.N. and Tina Marie Arzt may have
until December 20, 2013, to file a surreply brief in opposition to defendants’ motion for
summary judgment.
Entered this 9th day of December, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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