Simpson, Willie v. Walker, Scott et al

Filing 98

ORDER that plaintiff Willie Simpson's motion for reconsideration of the June 30, 2014 preliminary pretrial conference order, Dkt. 50 , is DENIED. Plaintiff's motion for an extension of time to submit an amended complaint identifying the J ohn Doe defendants, Dkt. 57 , is DENIED as unnecessary. Plaintiffs motion for leave to amend his complaint, Dkt. 32 , is GRANTED. Plaintiff is granted leave to proceed against defendants Dane Esser, Wayne Primmer, Theran Gage, Chad Winge r, Christopher Foley, Ronald Torgerson, Lucas Runice, Travis Parr, Shawn Gallinger, C.O. Godfrey, Thomas Belz, Foley, Michael Sherman, Michael Cockcroft, Leverne Wallace, Mathew Scullion, Keith Weigel, and CO Kersten, Ellen Ray and William Brown. The state may have 21 days to file an answer to the amended complaint for all defendants it chooses to represent. Defendants Parr, Gallinger, Godfrey, Esser, Gage, Winger, Foley, Torgerson, Runice, Belz, Sherman, Cockcroft, Wallace, Sculli on, Weigel, Kersten, Ray, and Brown are added to the caption of this case. Plaintiffs motion for extension of time to file his response to defendants' motion for partial summary judgment, Dkt. 71 , is GRANTED. Plaintiffs motion to stay the briefing schedule on defendants' exhaustion motion, Dkt. 63 , and second motion for an extension of his response deadline, Dkt. 73 , are DENIED as moot. Defendants' motion for partial summary judgment based on plaintiff' s failure to properly exhaust his administrative remedies, Dkt. 59 , is GRANTED. Plaintiff's excessive force claims against defendants Mason, Flannery, Godfrey, Parr, and Gallinger for their actions during the July 25, 2013 incident are DISMIS SED without prejudice. Plaintiff may have until April 10, 2015, to show cause why his strip search claims regarding the July 25, 2013 incident should not also be dismissed for failure to exhaust administrative remedies. Plaintiff' s motions to sanction defendants' counsel, Dkt. 64, and to strike, Dkt. 65 , are DENIED. Plaintiff's motion for preliminary injunctive relief, Dkt. 81 , is PARTIALLY DENIED. Plaintiff's motion to file a reply brief, Dkt. 92 , is GRANTED. Plaintiff may have until April 10, 2015, to explain why he faces a realistic possibility of being transferred back to WSPF. Defendants may have until April 20, 2015, to file a sur-reply. Plaintiff's motion for extension of time to file supplemental briefing regarding his motion to seal documents, Dkt. 52 , is GRANTED. Plaintiff's motions to seal his medical records, Dkt. 33 , 54 , are GRANTED in part. Either party submitting plaintiff's medical records must do so under seal in accordance with the discussion above. Defendants may have until April 10, 2015, to respond to this order regarding the re-disclosure of plaintiff's medical information. The parties' motions to amend the sch edule in this case, Dkt. 94 , 96 , are GRANTED. The schedule is amended as follows: Supplemental Disclosure of Expert Witnesses: Plaintiff: April 20, 2015. Defendants: May 18, 2015. Deadline for Filing Dispositive Motions: June 1, 2015. Discover y Cutoff: October 12, 2015. Rule 26(a)(3) Disclosures and all motions in limine: October 12, 2015. Objections: October 26, 2015. Final Pretrial Conference: November 9, 2015. Signed by District Judge James D. Peterson on 3/30/2015. (Attachments: # 1 Example order) (jef),(ps) Modified on 3/30/2015 (jef).

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IN THE UNITED STATES DISTRICT COURT ·.
FOR THE WESTERN DISTRICT OF 1v,(I~99~S1f !~, :
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JOHN DYE,

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Plaintiff,

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Case No. 11-CV-443

CHARLES J. GRISDALE PH.D., et al.,
Defendants.

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STIPULATION FOR PROTECTIVE ORDER ·

Based on the court' s order of April 6, 2012, John Dye, prose, and the defendants, thro

their

attorneys, stipulate to the following protective order:
1. Dye's medical and mental health records may not be used or disclosed by the p

'es or

counsel for the parties or any persons identified below for any purposes whatsoe r other
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than preparing for and conducting the litigation in which the information or do uments
were disclosed (including appeals).

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2. Disclosure of Dye's medical and mental health records may be made on!yl to the
following:
a. Any person named as a defendant in this action.

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b. Counsel for the defendants.
c. Employees of the Wisconsin Department of Justice or counsel for the part · s who
have ditect functional responsibility for the preparation and trial of the I wsuit.
ust be

Any such employee to whom counsel for the parties makes a disclosure
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advised of, and become subject to, the provisions of this rule requirin that the
documents and information be held in confidence.
d. Employees of

th~ Wisconsin Department of Corrections required in gooI faith to
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provide assistance in the conduct of the litig'ation in which the infonnfon was

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disclosed.

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e. Court reporters engaged for depositions and those persons, ff any,
engaged for the limited purpose of making photocopies of

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s~cifically

documen~

Before

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disclosure to any such court reporter or person engaged in making photo · opies of
doc~ents,

such reporter or person must agree to be bound by the te

s of this

Rule.
f.

Consultants, investigators, or experts (collectively "experts") employe by the
parties or counsel for the parties to assist in the preparation and tri l of the
lawsuit. Before disclosure to any expert, the expert must be informed of

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d agree

to be subject to the provisio.ns of this rule requiring that the doc
information be held in confidence.
· ·· 3. Upon conclusion of the litigation (including appeals, if any), all material describ d above
must be destroyed.
4. Nothing in this stipulated protective order should be interpreted to require any'i party to
file relevant medical or mental health records under seal or prevent the introd ction of
such records at trial.
5. The court may enter this order without further notice or hearing.

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Date

J.B. VAN HOLLEN
Attorney General

FRANCIS X. SULLIVAN

Assistant Attorney General
State Bar #1030932
Attorneys for defendants
Wisconsin Department of Justice
Post Office Box 7857 ·
Madison, Wisconsin 53707-7857
[phone] (Sullivan)
sullivarifx@doj .state. wi.us
c
banse. a@doj .state. wi. us ·
[phone] (Fax)

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