Clark, Jeremy et al v. Foster, Brian et al

Filing 47

ORDER that the clerk of court is directed to set a telephone conference before Magistrate Judge Stephen Crocker to set the schedule for the remainder of the proceedings in this lawsuit. Signed by District Judge James D. Peterson on 4/4/2019. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JEREMY N. CLARK,
Plaintiff,
v.

ORDER
17-cv-393-jdp

HEATHER HEINEN,
Defendant.

Plaintiff Jeremy N. Clark is a prisoner at Waupun Correctional Institution. He alleges
that defendant Heather Heinen failed to respond appropriately to his psychotic episode, which
resulted in his attempted suicide. I previously stayed the case to recruit pro bono counsel to
represent Clark. Dkt. 45.
The court has now located counsel. Attorney Nate Cade of the law firm Cade Law
Group LLC has agreed to represent Clark, with the understanding that he will serve with no
guarantee of compensation for his services. It is the court’s intention that the scope of
representation extends to proceedings in this court only. “Proceedings in this court” include all
matters leading up to a final judgment on the merits, the filing of a notice of appeal, if
appropriate, and ensuring that all steps are taken to transfer the record to the Court of Appeals
for the Seventh Circuit.
The court also intends that the scope of representation be limited to litigating Clark’s
current claim. It is unnecessary for counsel to file an amended complaint or otherwise relitigate
matters already completed. Counsel should focus on doing what is necessary to prepare the
case for trial. If counsel believes that he needs to file an amended complaint, he will have to
meet the requirements of Federal Rule of Civil Procedure 15.

Clark should understand that because he is now represented in this case, he may not
communicate directly with the court from this point forward. He must work directly with his
lawyer and must permit him to exercise his professional judgment to determine which matters
are appropriate to bring to the court’s attention and in what form. Clark does not have the
right to require counsel to raise frivolous arguments or to follow every directive that he makes.
He should be prepared to accept the strategic decisions made by his lawyer even if he disagrees
with some of them. If Clark decides at some point not to work with this lawyer, he is free to
end the representation, but he should be aware that it is unlikely that the court will recruit
another lawyer to represent him.

ORDER
IT IS ORDERED that the clerk of court is directed to set a telephone conference before
Magistrate Judge Stephen Crocker to set the schedule for the remainder of the proceedings in
this lawsuit.
Entered April 4, 2019.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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