Leiser, Jeffrey v. Hannula, Joan et al

Filing 186

ORDER re: rulings during October 2, 2020 Final Pretrial Conference. Signed by Magistrate Judge Stephen L. Crocker on 10/02/2020. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JEFFREY D. LEISER,
Plaintiff,

v.

DR. JOAN HANNULA, TRACY BRUNNER,
PATTY HAZUGA, AND TRICIA THACKER,

ORDER
15-cv-328-slc

Defendants.
The court held the final pretrial conference in this matter on October 2, 2020.
Consistent with my rulings during the hearing:
•

The clerk of court is directed to provide Leiser two additional copies of the court’s
September 30, 2020, order (dkt. 182), and this order, so that Leiser can forward
both orders to potential witnesses Gorichs and LeGrave, so they can ask their
probation officers to travel to the courthouse to testify on October 14, 2020. If
Gorichs’ and/or LeGrave’s probation officers indicate that a subpoena will be
necessary for them to grant their request to travel to the courthouse, Leiser should
inform the court as soon as possible to give the court sufficient time to issue the
subpoenas.

•

The court GRANTS Leiser’s request for subpoenas for witnesses Rebecca Bergman
and Jeff Chmelik, to testify at trial on October 14, 2020. 1 The clerk of court is
directed to prepare subpoenas for these two witnesses and forward this order and
the subpoenas to the United States Marshals Service for service on Bergman and
Chmelik.

1

Leiser indicated during the hearing that he understands he will be

Given the uncertainty surrounding the timing of the trial, this date may change.

responsible for paying the service fee.
•

Leiser also mentioned Patrick Lynch as a potential witness. Lynch was not included
in Leiser’s witness list, but Leiser identifies Lynch as a unit manager at Stanley
Correctional Institution in 2013, who directed Bergman to call HSU on Leiser’s
behalf.

Leiser believes Lynch may be incarcerated.

Publicly available records

indicate that a “Patrick G. Lynch” is incarcerated at Kettle Moraine Correctional
Institution.

See https://appsdoc.wi.gov/lop/detail.do.

However, that individual

appears to have been incarcerated consistently since 2013, so I doubt this is the
same Patrick Lynch as the one working at Stanley. If Leiser wants to pursue this
witness’s testimony, by October 5, 2020, Leiser must file a motion for a subpoena,
providing more information about Patrick Lynch, including his age, possible address
or location and any other identifying information he may have.

If the state

employee defendants have this information, they should promptly turn it over to
Leiser.
•

By October 7, 2020, counsel for the state employees are directed to provide: (1) a
record of any affirmed inmate complaints involving any of the defendants, including
defendant Thacker, for the four years prior to 2013, and (2) any argument in
opposition to the admission of such affirmed inmate complaints.

•

Also by October 7, 2020, counsel for all defendants are directed to confer with
their clients about whether any of them have been found liable in a lawsuit on an
Eighth Amendment deliberate indifference claim, and inform the court of
defendants’ responses.

•

2

•

If defendant Thacker wishes to have Nurse Milas testify via videoconference, she
must file a motion seeking that permission by October 7, 2020.

SO ORDERED.
Entered this 2nd day of October, 2020.
BY THE COURT:
/s/
_______________________
STEPHEN L. CROCKER
Magistrate Judge

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