Juarez, Elpidio v. Walter, Carroll et al

Filing 54

Transmission of Notice of Appeal, Order, Judgment, and Docket Sheet to Seventh Circuit Court of Appeals re 52 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket Sheet) (nln),(ps)

Case: 3:16-cv-00181-jdp As of: 07/19/2017 10:11 AM CDT 1 of 6

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16−cv−00181−jdp
Juarez, Elpidio v. Walter, Carroll et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 03/22/2016
Date Terminated: 07/07/2017
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Elpidio Juarez

represented by Elpidio Juarez
#120590
Redgranite Correctional Institution
1006 County Rd. EE
P.O. Box 925
Redgranite, WI 54970−0925
PRO SE

V.
Defendant
Carol Walter
Nurse

represented by Corey Francis Finkelmeyer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
(608) 266−7342
Fax: (608) 267−8906
Email: [e-mail]
TERMINATED: 04/29/2016
LEAD ATTORNEY
Ann M. Peacock
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
(608) 266−9230
Fax: (608) 267−2779
Email: [e-mail]
ATTORNEY TO BE NOTICED
Monica A. Burkert − Brist
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608−266−1795
Fax: 608−267−8906
Email: burkert−[e-mail]
ATTORNEY TO BE NOTICED

Defendant
Jean Felber
Nurse

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 04/29/2016
LEAD ATTORNEY
Ann M. Peacock
(See above for address)
ATTORNEY TO BE NOTICED

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Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Anthony Hentz
Nurse

represented by Corey Francis Finkelmeyer
(See above for address)
TERMINATED: 04/29/2016
LEAD ATTORNEY
Ann M. Peacock
(See above for address)
ATTORNEY TO BE NOTICED
Monica A. Burkert − Brist
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

03/23/2016

1 ORDER severing plaintiff Elpidio Juarez's claims from case 14−cv−414−jdp. The
$45.41 initial partial payment received by Juarez in case 14−cv−747−jdp shall be
applied to this new case. Signed by District Judge James D. Peterson on 3/22/2016.
(elc),(ps) (Entered: 03/23/2016)

03/23/2016

2 AMENDED COMPLAINT (same as dkt. 17 filed in case 14−cv−747−jdp). (elc),(ps)
(Entered: 03/23/2016)

03/23/2016

Motion for In Forma Pauperis Screening. (elc),(ps) (Entered: 03/23/2016)

03/30/2016

3 Warden PLRA Letter. (elc),(ps) (Entered: 03/30/2016)

04/18/2016

4 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
Anthony Hentz, Jean Felber, Carroll Walter. Materials delivered to DOJ for
acceptance of service. Signed by District Judge James D. Peterson on 4/18/2016.
(jef),(ps) (Entered: 04/18/2016)

04/29/2016

5 Notice of Appearance filed by Ann M. Peacock for Defendants Jean Felber, Anthony
Hentz, Carroll Walter, (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 04/29/2016)

04/29/2016

6 Acceptance of Service by DOJ on behalf of Defendants Jean Felber, Anthony Hentz,
Carroll Walter. (Peacock, Ann),(ps) (Entered: 04/29/2016)

04/29/2016

7 Notice that for the remainder of this lawsuit plaintiff need only send a copy of his
filings in this case to the court pursuant to an informal service agreement with the
Wisconsin Department of Justice. (nln),(ps) (Entered: 04/29/2016)

05/16/2016

8 Motion for Assistance in Recruiting Counsel by Plaintiff Elpidio Juarez. (Attachments:
# 1 Attorney letters (3),
# 2 Envelope) (jef),(ps) (Entered: 05/16/2016)

05/27/2016

9 ANSWER to Amended Complaint by Defendants Jean Felber, Anthony Hentz, Carroll
Walter. (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 05/27/2016)

05/27/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 6/21/2016 at
02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendants
responsible for setting up the call to chambers at (608) 264−5153. [Notice Regarding
the Telephone Preliminary Pretrial Conference attached] (nln),(ps) (Entered:
05/27/2016)

05/31/2016

10 Notice of Appearance of Additional Counsel filed by Monica A. Burkert − Brist for
Defendants Jean Felber, Anthony Hentz, Carroll Walter, (Attachments:
# 1 Certificate of Service) (Burkert − Brist, Monica),(ps) Modified on 6/1/2016:
Deleted duplicate text. (lak) (Entered: 05/31/2016)

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06/03/2016

11 Supplement to 8 Motion for Assistance in Recruiting Counsel filed by Elpidio Juarez
(Attachments:
# 1 Attorney Rejection Letter from the Jeff Scott Olson Law Firm, S.C.,
# 2 Envelope) (elc),(ps) (Entered: 06/03/2016)

06/27/2016

12 Pretrial Conference Order − Dispositive Motions for Failure to Exhaust Administrative
Remedies due 8/5/2016. Dispositive Motions due 2/3/2017. Rule 26(a)(3) Disclosures
and all motions in limine due 7/28/2017. Objections due 8/11/2017. Final Pretrial
Conference set for 8/21/2017 at 08:30 AM. Jury Selection and Trial set for 8/21/2017
at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 6/26/2016. (jef),(ps)
(Entered: 06/27/2016)

06/27/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 6/21/2016. [:15]
(nln),(ps) (Entered: 06/27/2016)

07/11/2016

13 First Request for Inspection and Production of Documents, by Plaintiff Elpidio Juarez.
(Attachments:
# 1 Cover Letter,
# 2 Envelope) (nln),(ps) (Entered: 07/11/2016)

07/13/2016

14 Letter from Clerk's Office in response to plaintiff's 13 discovery requests. (nln),(ps)
(Entered: 07/13/2016)

08/08/2016

15 Request to use of release account funds to pay remainder of filing fee, by Plaintiff
Elpidio Juarez. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 08/08/2016)

08/11/2016

16 ORDER denying 15 motion for use of release account funds to pay remainder of filing
fee. Signed by Magistrate Judge Peter A. Oppeneer on 8/11/2016. (nln),(ps) (Entered:
08/11/2016)

10/17/2016

17 Notice of Change of Address by Plaintiff Elpidio Juarez. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 10/17/2016)

11/03/2016

18 Notice of Change of Address by Plaintiff Elpidio Juarez. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 11/03/2016)

11/14/2016

19 Second Request for Production of Documents by Plaintiff Elpidio Juarez.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 11/14/2016)

11/17/2016

20 Letter from clerk's office in response to plaintiff's 19 Second Request for Production of
Documents. (elc),(ps) (Entered: 11/17/2016)

12/05/2016

21 ORDER denying without prejudice 8 Motion for Assistance in Recruiting Counsel.
Signed by District Judge James D. Peterson on 12/5/2016. (elc),(ps) (Entered:
12/05/2016)

12/09/2016

22 Letter requesting clarification regarding Expert Witness Disclosures by Plaintiff
Elpidio Juarez. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 12/09/2016)

12/09/2016

23 Letter from clerk's office in response to 22 Letter from plaintiff. (elc),(ps) (Entered:
12/09/2016)

01/06/2017

24 Motion to Take Deposition from Elpidio Juarez by Defendants Jean Felber, Anthony
Hentz, Carroll Walter. Motions referred to Magistrate Judge Stephen L. Crocker.
(Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 01/06/2017)

01/09/2017

25 ** TEXT ONLY ORDER **
ORDER granting 24 Motion to Take Deposition from Elpidio Juarez. Signed by
Magistrate Judge Stephen L. Crocker on 1/9/2017. (nln),(ps) (Entered: 01/09/2017)

01/11/2017

26 ** TEXT ONLY ORDER **
At trial, plaintiff intends to offer evidence from medical texts. Plaintiff has asked
whether he needs to disclose these texts to defendants under F.R. Civ. Pro. 26(a)(2).
The short answer is "No," because the expert−witness rules do not cover this type of

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evidence. But plaintiff should expect defendants' lawyer to request copies of these
documents pursuant to F.R. Civ. Pro. 34, which allows partes to discover documents
that their opponents intend to use at trial. Whether plaintiff's materials are relevant or
admissible as evidence in this case−−either at trial or during summary judgment
motions practice−−are questions that the presiding judge (Judge Peterson) will answer
when the time is right. Signed by Magistrate Judge Stephen L. Crocker on 1/11/2017.
(jef),(ps) (Entered: 01/11/2017)
01/19/2017

27 Second Motion for Assistance in Recruiting Counsel by Plaintiff Elpidio Juarez.
(Attachments:
# 1 Notice of Deposition,
# 2 Envelope) (elc),(ps) (Entered: 01/19/2017)

02/02/2017

28 Motion for 20−Day Extension of Time to file Dispositive Motions by Plaintiff Elpidio
Juarez. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 02/02/2017)

02/02/2017

29 ** TEXT ONLY ORDER **
Plaintiff's 28 Motion for a 20−day extension of time to file a summary judgment
motion is GRANTED. The deadline for all parties to file their dispositive motions is
extended to February 23, 2017. Signed by Magistrate Judge Stephen L. Crocker on
2/2/2017. (elc),(ps) (Entered: 02/02/2017)

02/03/2017

30 Deposition of Elpidio Juarez taken on January 23, 2017 With Exhibits 1−5
(bookmarked). (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) Modified on 2/7/2017: Exhibits are not
attached separately/described. Bookmarks are not described. (lak) (Entered:
02/03/2017)

02/03/2017

31 Deposition of Elpidio Juarez taken on January 23, 2017 (Condensed), (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) Modified on 2/7/2017: Exhibits are not
attached separately/described. Bookmarks are not described. (lak) (Entered:
02/03/2017)

02/22/2017

32 MOTION FOR SUMMARY JUDGMENT by Defendants Jean Felber, Anthony
Hentz, Carroll Walter, (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 02/22/2017)

02/22/2017

33 Brief in Support of 32 Motion for Summary Judgment by Defendants Jean Felber,
Anthony Hentz, Carroll Walter. (Peacock, Ann),(ps) (Entered: 02/22/2017)

02/22/2017

34 Proposed Findings of Fact filed by Defendants Jean Felber, Anthony Hentz, Carroll
Walter re: 32 Motion for Summary Judgment. (Peacock, Ann),(ps) (Entered:
02/22/2017)

02/22/2017

35 Affidavit of Betty Kruse filed by Defendants Jean Felber, Anthony Hentz, Carroll
Walter re: 32 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1001 − Notice of Claim) (Peacock, Ann),(ps) (Entered: 02/22/2017)

02/22/2017

Set Briefing Deadlines as to 32 MOTION FOR SUMMARY JUDGMENT . [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Peterson attached.]
Plaintiff's Brief in Opposition due 3/24/2017. Defendants' Brief in Reply due 4/3/2017.
(nln),(ps) (Entered: 02/22/2017)

02/27/2017

36 MOTION FOR SUMMARY JUDGMENT / Brief in Support by Plaintiff Elpidio
Juarez. (Attachments:
# 1 Envelope) (jef),(ps) Note, no separate document titled motion was included. (jef)
(Entered: 02/27/2017)

02/27/2017

37 Proposed Findings of Fact filed by Plaintiff Elpidio Juarez re: 36 Motion for Summary
Judgment. (jef),(ps) (Entered: 02/27/2017)

02/27/2017

38 Declaration of filed by Plaintiff Elpidio Juarez re: 36 Motion for Summary Judgment.
(Attachments:
# 1 Exhibit 1 − DAI Policy #500.80.11 Medication delivery, administration and
training,
# 2 Exhibit 2 − DAI Policy #500.30.18 Nursing protocols,
# 3 Exhibit 3 − Offender complaint documents) (jef),(ps) (Entered: 02/27/2017)

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02/27/2017
02/27/2017

39 Affidavit of Damali Mudina Kafi a/k/a Edward L. Jackson, Sr. filed by Plaintiff
Elpidio Juarez re: 36 Motion for Summary Judgment. (jef),(ps) (Entered: 02/27/2017)
Set/Reset Deadlines as to Plaintiff's 36 MOTION FOR SUMMARY JUDGMENT.
[Pro Se Summary Judgment Procedure for Cases Assigned to Judge Peterson
attached.] Defendants' Brief in Opposition due 3/29/2017. Plaintiff's Brief in Reply
due 4/10/2017. (jef),(ps) (Entered: 02/27/2017)

03/08/2017

40 Notice of surgery the week of March 19, 2017 by Plaintiff Elpidio Juarez.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/08/2017)

03/14/2017

41 ** TEXT ONLY ORDER **
On March 8, 2017 plaintiff Elpidio Juarez filed a "Notice of Intent" (see dkt. 40 ) in
which plaintiff advises that he is scheduled for surgery the week of March 24 and will
be moved to the infirmary at Dodge Correctional Institution for two to three weeks
while he recovers from surgery. Although plaintiff does not ask for an extension of
time to file his opposition to defendants' motion for summary judgment, because there
is room in the schedule, the court will extend briefing on both parties' competing
motions for summary judgment. Accordingly, both sides may have until April 19,
2017 to file their summary judgment opposition materials and until May 1, 2017 to
submit a reply. Signed by Magistrate Judge Stephen L. Crocker on 3/13/2017.
(elc),(ps) (Entered: 03/14/2017)

04/19/2017

42 Brief in Opposition by Defendants Jean Felber, Anthony Hentz, Carroll Walter re: 36
Motion for Summary Judgment filed by Elpidio Juarez, (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 04/19/2017)

04/19/2017

43 Response to Proposed Findings of Fact filed by Defendants Jean Felber, Anthony
Hentz, Carroll Walter re: 36 Motion for Summary Judgment. (Peacock, Ann),(ps)
(Entered: 04/19/2017)

04/20/2017

44 Brief in Opposition by Plaintiff Elpidio Juarez re: 32 Motion for Summary Judgment
filed by Carroll Walter, Jean Felber, Anthony Hentz. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/20/2017)

04/20/2017

45 Response to Proposed Findings of Fact filed by Plaintiff Elpidio Juarez re: 32 Motion
for Summary Judgment. (jef),(ps) (Entered: 04/20/2017)

05/01/2017

46 Brief in Reply by Plaintiff Elpidio Juarez in Support of 36 Motion for Summary
Judgment. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 05/01/2017)

05/01/2017

47 Declaration of Elpidio Juarez re: 32 Motion for Summary Judgment, 36 Motion for
Summary Judgment. (Attachments:
# 1 Off−Site Service Request and Report) (elc),(ps) (Entered: 05/01/2017)

05/01/2017

48 Brief in Reply by Defendants Jean Felber, Anthony Hentz, Carroll Walter in Support
of 32 Motion for Summary Judgment, (Attachments:
# 1 Certificate of Service) (Peacock, Ann),(ps) (Entered: 05/01/2017)

05/01/2017

49 Reply in Support of Proposed Findings of Fact filed by Defendants Jean Felber,
Anthony Hentz, Carroll Walter re: 32 Motion for Summary Judgment. (Peacock,
Ann),(ps) (Entered: 05/01/2017)

07/07/2017

50 ORDER granting 32 Motion for Summary Judgment; denying 36 Motion for Summary
Judgment; denying 27 Motion for Assistance in Recruiting Counsel. The clerk of court
is directed to enter judgment in favor of defendants and close this case. Signed by
District Judge James D. Peterson on 7/7/2017. (jef),(ps) (Main Document 50 replaced
on 7/7/2017) (jef). (Entered: 07/07/2017)

07/07/2017

51 JUDGMENT entered in favor of Defendants Jean Felber, Anthony Hentz, Carol
Walter dismissing the case. Signed by Peter A. Oppeneer, Clerk of Court on 7/7/2017.
(jef),(ps) (Entered: 07/07/2017)

07/19/2017

52 NOTICE OF APPEAL by Plaintiff Elpidio Juarez as to 50 Order on Motion for
Summary Judgment, 51 Judgment. In forma pauperis pending. No Docketing
Statement filed. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 07/19/2017)

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07/19/2017

53 Appeal Information Packet. (nln),(ps) (Entered: 07/19/2017)