Flodin, Daniel v. The United States of America et al

Filing 60

ORDER resetting briefing on 58 Motion for Judgment on the Pleadings. Response due 2/22/2016. There will be no reply; Moving the start date for trial to 3/8/2016 and leaving all other deadlines in place. Signed by District Judge Barbara B. Crabb on 2/8/2016. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DANIEL FLODIN,
ORDER
Plaintiff,
13-cv-853-bbc
v.
UNITED STATES OF AMERICA,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Daniel Flodin is suing the government under the Federal Tort Claims Act for
negligently failing to prevent his father from falling while at a medical clinic for veterans.
Trial is scheduled for March 7, 2016.
On February 5, 2016, at approximately 5:00 pm, the government filed an untimely
motion for judgment on the pleadings on the ground that the statute of limitations for
plaintiff’s claim expired before he filed this case. The government does not provide any
reason for missing the deadline for dispositive motions by nearly a year.
I will give plaintiff an opportunity to respond to the government’s motion, but the
parties should not expect that the motion will be resolved before trial. All deadlines remain
in place unless otherwise ordered by this court. In addition, I am moving the trial one day
to March 8, 2015, to accommodate a conflict in the court’s schedule.

1

ORDER
IT IS ORDERED that
1. Plaintiff Daniel Flodin may have until February 22, 2016, to file a response to the
government’s motion for judgment on the pleadings. There will be no reply.
2. The starting trial date is MOVED to March 8, 2016.
3. All other deadlines remain in place.
Entered this 8th day of February, 2016.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

2