Smith, Damien v. Doe(s), John et al

Filing 130

ORDER that the clerk's office enter Gregory Everts, Brittany Ogden, Carly Conway, Anita Boor, and Marisa Berlinger of the law firm of Quarles & Brady, LLP, as plaintiff's pro bono counsel of record and to set this case for a status conference in December before Magistrate Judge Crocker. Signed by District Judge Barbara B. Crabb on 10/25/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DAMIEN SMITH,
ORDER
Plaintiff,
15-cv-633-bbc
v.
ANTHONY HENTZ, ANNETTE ZARIPOV-BRAND
and ANGELA STETTER,,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Damien Smith is proceeding on claims that defendants Anthony
Hentz, Annette Zaripov-Brand and Angela Stetter failed to provide him appropriate
treatment after he broke his hand in May 2014, thus violating his rights under the Eighth
Amendment and state negligence law. On September 28, 2017, the case was stayed pending
the court’s recruitment of counsel for plaintiff. The court has now recruited counsel Gregory
Everts, Brittany Ogden, Carly Conway, Anita Boor, and Marisa Berlinger of Quarles &
Brady, LLP, to represent plaintiff pro bono for the remainder of this civil action. The court
will enter their appearance as plaintiff's pro bono counsel for the record.
Plaintiff should appreciate that his counsel took on this representation out of a sense
of professional responsibility. Now that plaintiff is represented by counsel, he too has a
responsibility. He must not send any future communications to the court, but must work
directly and cooperatively with his attorneys, as well as those working at their direction, and
must permit them to exercise their professional judgment to determine which matters are

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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.
On the contrary, plaintiff should expect his counsel to tell him what he needs to hear, rather
than what he might prefer to hear, and understand that the rules of professional conduct
may bar counsel from taking certain actions or permitting plaintiff from doing so. If plaintiff
decides at some point that he does not wish to work with his lawyers, he is free to advise the
court of his decision and end their representation, but he should be aware that it is highly
unlikely that the court will recruit a second set of attorneys to represent him.
The next step is for the court to hold a status conference to reset the calendar in this
case. Counsel should consult with plaintiff in advance of the conference.

ORDER
IT IS ORDERED that the clerk’s office enter Gregory Everts, Brittany Ogden, Carly
Conway, Anita Boor, and Marisa Berlinger of the law firm of Quarles & Brady, LLP, as
plaintiff's pro bono counsel of record and to set this case for a status conference in December
before Magistrate Judge Crocker.
Entered this 25th day of October, 2017.

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

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