Thomas, Darreyll v. Kaplan, Roman et al

Filing 56

ORDER that the clerk of court is directed to set a telephone conference before Magistrate Judge Stephen Crocker to set the schedule for the remainder of the proceedings in this lawsuit. Signed by District Judge Barbara B. Crabb on 9/30/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DARREYLL T. THOMAS,
ORDER
Plaintiff,
14-cv-675-bbc
v.
ROMAN KAPLAN and DALIA SULIENE,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Darreyll Thomas is proceeding on a claim that defendants Roman
Kaplan and Dalia Suliene failed to provide appropriate medical care for a bullet lodged in
his spine, in violation of the Eighth Amendment. In an order dated July 30, 2015, dkt. #55,
I concluded that plaintiff was entitled to assistance in recruiting counsel because the
complexity of the case exceeded plaintiff’s ability to represent himself at trial.
Lester Pines of the law firm Cullen Weston Pines & Bach LLP has agreed to represent
plaintiff, with the understanding that he will serve with no guarantee of compensation for
his services.

It is this court's intention that the scope of representation extends to

proceedings in this court only. "Proceedings in this court" include all matters leading up to
a final judgment on the merits, the filing of a Notice of Appeal, if appropriate, and ensuring
that all steps are taken to transfer the record to the Court of Appeals for the Seventh Circuit.
Additionally, the court intends the scope of representation to be limited to litigating

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plaintiff’s current claims. It will be unnecessary for counsel to file an amended complaint or
otherwise relitigate matters already completed. Counsel should focus on doing what is
necessary to prepare the case for trial. However, if counsel believes that he needs to conduct
additional discovery, he may make that request at the scheduling conference.
Plaintiff should understand that because he is now represented in this case, he may
not communicate directly with the court from this point forward. He must work directly
with counsel and permit him to exercise their professional judgment to determine which
matters are appropriate to bring to the court's attention and in what form. Plaintiff does not
have the right to require counsel to raise frivolous arguments or to follow every directive he
makes. He should be prepared to accept the strategic decisions made by counsel even if he
disagrees with some of them. If plaintiff decides at some point not to work with counsel, he
is free to end the representation, but he should be aware that it is unlikely that the court will
work to recruit another set lawyer to represent him.
If the parties believe that mediation could help resolve their disputes, they may
contact the clerk of court, Peter Oppeneer, for assistance.

ORDER
IT IS ORDERED that the clerk of court is directed to set a telephone conference
before Magistrate Judge Stephen Crocker to set the schedule for the remainder of the

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proceedings in this lawsuit.
Entered this 30th day of September, 2015.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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