Simpson, Willie v. Walker, Scott et al

Filing 201

ORDER regarding post-trial motions. Plaintiff's brief in support to his orally submitted motion for judgment as a matter of law due 28 days from entry of judgment. Signed by District Judge James D. Peterson on 1/29/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

WILLIE SIMPSON,
Plaintiff,
v.

ORDER
13-cv-776-jdp

DANE ESSER, SHAWN GALLINGER,
JASON GODFREY, TRAVIS PARR,
WAYNE PRIMMER, THERAN GAGE,
CHAD WINGER, CHRISTOPHER FOLEY,
LUCAS RUNICE, THOMAS BELZ,
MICHAEL SHERMAN, MICHAEL COCKCROFT,
LEVERNE WALLACE, MATHEW SCULLION,
KEITH WEIGEL, and PAUL KERSTEN,
Defendants.

Plaintiff Willie Simpson orally submitted a motion for judgment as a matter of law
under Federal Rule of Civil Procedure 50(a) during the trial and renewed that motion under
Rule 50(b) following the verdict finding for defendants on all of his claims.
Plaintiff may have 28 days from the entry of judgment to file his brief in support. I
will review the brief and request a response from defendants if I conclude that a response
would be helpful to the court. If I request a response from defendants, I will give plaintiff an
opportunity to reply. If plaintiff seeks portions of the transcript to use in briefing his
motions, I would consider a request to extend the briefing deadline. But plaintiff should be
aware that he will have to pay for the production of the transcript for purposes of litigating
post-judgment motions.
If plaintiff wishes to file a motion for new trial or to alter or amend the judgment
under Rule 59, he has 28 days after entry of the judgment to do so. Any such motion must

“state with particularity the grounds for seeking the order.” Fed. R. Civ. P. 7(b)(1)(B). The
court cannot extend the 28-day deadline. Rule 6(b)(2).
Plaintiff’s 30-day deadline from the entry of judgment to file a notice of appeal is
tolled by his Rule 50 motion.
Entered January 29, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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