Tyler, Matthew v. Wick, Stephanie et al

Filing 112

ORDER granting in part 103 Plaintiff's motion for an extension of time to file his summary judgment response; defendants' 105 Motion to Stay discovery is granted. Plaintiff may have until July 21, 2015 to submit his reply on his motion to compel. Plaintiff may have until July 28, 2015 to submit his response to defendant's motion for summary judgment. Defendant may have August 10, 2015, to file her reply. Signed by District Judge James D. Peterson on 7/14/2015. (elc),(ps)

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

MATTHEW TYLER,
OPINION & ORDER
Plaintiff,
v.

14-cv-68-jdp

STEPHANIE WICK,
Defendant.
This case has been pared down to one federal claim and one state law claim regarding
defendant Stephanie Wick’s alleged false statements made during plaintiff’s revocation
hearing. Defendant has submitted a motion for summary judgment that is currently being
briefed. Plaintiff filed a motion to compel discovery that is also being briefed. Each side has
filed a motion regarding the intersection of discovery issues and the pending summary
judgment briefing. Plaintiff has filed a motion to stay his summary judgment response
deadline pending resolution of the motion to compel, which I will construe as a motion to
extend his response deadline. Defendant has filed a motion to stay discovery pending
resolution of the legal questions raised in her summary judgment motion regarding qualified
and absolute immunity, as well as Wisconsin’s notice of claim provision.
Plaintiff’s motion to compel does not raise issues related to the threshold legal issues
raised by defendant. Rather than wait for the briefing on the motion to compel to be
completed to decide how to proceed with summary judgment briefing, I conclude that
discovery can be stayed pending resolution of the threshold legal issues raised by defendant.
Plaintiff should submit his summary judgment response to the threshold questions raised by
defendant, as well as his reply on the motion to compel. Should any claims survive this

portion of the summary judgment motion, the court will reopen discovery, rule on the
motion to compel, and if appropriate, give plaintiff time to conduct discovery about the
remaining factual issues. I will give plaintiff a short extension of both of his pending
deadlines.

ORDER
IT IS ORDERED that:
1.

Plaintiff’s motion for an extension of time to file his summary judgment
response, Dkt. 103, is GRANTED IN PART.

2.

Defendant’s motion to stay discovery, Dkt. 105, is GRANTED.

3.

Plaintiff may have until July 21, 2015 to submit his reply on his motion to
compel.

4.

Plaintiff may have until July 28, 2015 to submit his response to defendant’s
motion for summary judgment. Defendant may have August 10, 2015, to file
her reply.

Entered July 14, 2015.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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