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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