Donohoo, Barry v. Hanson, Doug et al

Filing 109

Transmission of Notice of Appeal, Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 106 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Text Only ORder #20, # 3 Order #22, # 4 Order #85, # 5 Order #104, # 6 Order #105, # 7 Judgment, # 8 Docket Sheet) (nln),(ps)

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

BARRY DONOHOO,
Plaintiff,

ORDER

v.
14-cv-309-wmc
DOUG HANSON et al.,
Defendants.

The court held a telephonic hearing today on pro se plaintiff Barry Donohoo’s
motion to compel (dkt. #10) and on defendants’ motion for an extension of the dispositive
motion deadline (dkt. #18). Consistent with that discussion, Donohoo’s motion to compel
is granted in part.

No later than March 18, 2015, defendants are to provide to both

Donohoo and the court:


A complete response to Donohoo’s Interrogatory No. 3, which should answer each
part of the interrogatory on behalf of the entire Douglas County Board of
Adjustment and should be signed by the current Board chair.



A complete response to Donohoo’s Interrogatory No. 4 on behalf of defendants
Roger Wilson, Larry Luostari and Dale Johnson.
Defendants also represented they have produced additional documents to Donohoo,

although due to his travel he has not yet seen them. Should Donohoo believe that there are
still portions missing from the requested materials, he should first confer with defendants’
attorney by initiating a telephone call at 12:00 p.m. on Tuesday, March 10. If the parties
are unable to resolve any dispute that may arise, Donohoo should promptly advise the court
in writing as to what specific materials he believes to be missing.

Next, the court will order defendants to appear for depositions at the Douglas
County Courthouse on whichever of the following dates is most convenient for each of
them: March 30; April 6 through 10; April 22; or April 29.

Defendants’ counsel is to

provide at least one week’s advance notice to Donohoo via e-mail of each defendant’s
availability and is responsible for reserving a room at the courthouse, if necessary. Donohoo
is to arrange for the presence of a court reporter at those depositions and to arrange for
expedited transcripts, if necessary.
As indicated in its order of March 4 (dkt. #20), the dispositive motion deadline will
be extended to April 6, 2015.

Donohoo’s opposition will be due on May 15, with

defendants’ reply to be filed by May 30. Both parties should be sure to adhere to the
court’s procedures to be followed on summary judgment, which was provided to them with
the preliminary pretrial conference order. (See Prelim. Pretrial Conference Order (dkt. #9)
ECF 16-21.)
Finally, the court specifically finds that: (1) defendants did not act in bad faith in
responding to Donohoo’s discovery requests to date, and (2) it would not be just to award
Donohoo expenses or monetary sanctions in connection with his motion to compel.
Accordingly, that portion of Donohoo’s motion will be denied.

ORDER
IT IS ORDERED that:
1. Plaintiff Barry Donohoo’s motion to compel and for sanctions (dkt. #10) is
GRANTED IN PART and DENIED IN PART consistent with the opinion above.

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2. The parties are to cooperate in arranging and taking depositions as discussed at
the telephonic hearing and consistent with the timetable set forth in the opinion
above.
3. Any dispositive motions filed on April 6 will have a response deadline of May 15
and a reply deadline of May 30.
Entered this 6th day of March, 2015.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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