Doe No. 55, Jane v. Madison Metropolitan School District

Filing 109

ORDER granting 106 Motion to Exclude Docket Nos. 77, 78 and 79 from the record on appeal. Signed by District Judge Barbara B. Crabb on 4/25/2017. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JANE DOE NO. 55, by and through
JANE DOE’S MOTHER and
JANE DOE’S FATHER,
OPINION and ORDER
Plaintiff,
15-cv-570-bbc
v.
MADISON METROPOLITAN
SCHOOL DISTRICT,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order dated November 16, 2016, I granted defendant Madison Metropolitan
School District’s motion for summary judgment on plaintiff Jane Doe No. 55's claim that
the district acted negligently and violated Title IX of the Education Amendments of 1972
by failing to prevent a district employee from sexually abusing plaintiff. Dkt. #92. After I
denied her motion for reconsideration, dkt. #101, plaintiff filed a notice of appeal, dkt.
#102. Now the district has filed a motion under Fed. R. App. P. 10 to exclude three
documents from the appellate record. Dkt. #77 (2016 Investigative Report), dkt. #78 (Ptak
Personnel File) and dkt. #79 (Ptak Health File). Because the parties did not rely on those
documents in their summary judgment submissions, I did not rely on the documents in the
summary judgment opinion and plaintiff does not oppose the district’s motion, I will grant
the motion.

ORDER
IT IS ORDERED that defendant Madison Metropolitan School District’s motion to
exclude docket nos. 77, 78 and 79 from the appellate record, dkt. #106, is GRANTED.
Entered this 25th day of April, 2017.

BY THE COURT:
/s/
__________________________________
BARBARA B. CRABB
District Judge