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).

Download PDF
\, IN THE UNITED STATES DISTRICT COURT ·. FOR THE WESTERN DISTRICT OF 1v,(I~99~S1f !~, : f; JOHN DYE, \ .. :.:: : .' ~ \ : . . 2 l . ·- . Plaintiff, v. Case No. 11-CV-443 CHARLES J. GRISDALE PH.D., et al., Defendants. ,. i 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 . . than preparing for and conducting the litigation in which the information or do uments were disclosed (including appeals). · ! 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. ,. \1 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 - 11 II I 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 11 provide assistance in the conduct of the litig'ation in which the infonnfon was . . disclosed. I ;! ,, ,. e. Court reporters engaged for depositions and those persons, ff any, engaged for the limited purpose of making photocopies of . s~cifically documen~ Before ,! 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 1 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. I I: i Ii 'I 1· I -2- 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 (608) 267-2222 (Sullivan) sullivarifx@doj .state. c banse. a@doj .state. wi. us · (608) 267-8906 (Fax) - 3 .-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?