Rainey, Kelly v. Tegels, L. et al

Filing 50

ORDER that plaintiff Kelly Rainey's deadline to file a response to defendant's proposed findings of fact and opposition brief is January 3, 2020, and defendants' reply is due January 13, 2020. Signed by District Judge William M. Conley on 12/13/2019. (rks),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KELLY RAINEY,
Plaintiff,

ORDER

v.
Case No. 17-cv-05-wmc
DR. W. BRADFORD MARTIN,
Defendant.

Plaintiff Kelly Rainey is proceeding in this lawsuit under 42 U.S.C. § 1983, on an
Eighth Amendment deliberate indifference claim against defendant Dr. W. Bradford
Martin, for his alleged failure to provide him effective treatment for his back pain.

On

November 1, 2019, defendant filed a motion for summary judgment on the merits of
Rainey’s claim (dkt. #41), and the court set December 2, 2019, as plaintiff’s deadline to
oppose defendant’s motion. However, plaintiff failed to oppose the motion, nor did he
request an extension or otherwise provide the court with an indication that he plans to
oppose the motion. That said, defense counsel filed a letter they received from plaintiff,
dated November 10, 2019, in which plaintiff argued the merits of his claim. (Ex. 1004
(dkt. #49-1).) If plaintiff believed that letter would be filed with the court, that belief is
mistaken. Plaintiff must file his opposition brief and response to defendant’s proposed
findings of fact with the court, and serve defense counsel with a copy of those filings. The
court will give Rainey until January 3, 2020, to file his opposition materials, with
defendant’s reply, if any, due January 13, 2020. If Rainey fails to respond by the new

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deadline, he should be aware that the court likely will deem defendant’s proposed findings
of fact undisputed and grant defendant’s motion on the merits.

ORDER
IT IS ORDERED that plaintiff Kelly Rainey’s deadline to file a response to
defendant’s proposed findings of fact and opposition brief is January 3, 2020, and
defendants’ reply is due January 13, 2020. If plaintiff does not respond by that date,
the court likely will take defendant’s motion under advisement and grant it on the
merits.
Entered this 13th day of December, 2019.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge

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