Estate of Dante Wilson, by its Special Administrator, Judy Wilson v. Advanced Correctional Healthcare, Inc. et al

Filing 46

ORDER granting 36 , 38 Motions for Reconsideration. Current schedule is struck. Telephonic scheduling conference set for 7/10/19 at 1:00 p.m. Signed by District Judge William M. Conley on 3/22/19. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ESTATE OF DANTE WILSON,
By its Special Administrator Judy Wilson,
Plaintiff,
and

ORDER
17-cv-737-wmc

KEJUAN HILL, NATEISHA SMITH,
DANTE WILSON, JR., DANTECIA WILSON,
SASHA REED, and KE-YON HANDLEY,
Plaintiff-Intervenors,
v.
ADVANCED CORRECTIONAL HEALTHCARE, INC.,
and KIM A. BEEDE,
Defendants.
The court is in receipt of the parties’ motions for reconsideration. (Dkt. ##36, 38.)
Their prior stipulation to amend the schedule was rejected because of their failure to
provide any showing of good cause to justify striking the trial and other dates. (See dkt.
#34.)

Defendants now represent that they: (1) have faced “unusual difficulties in

identifying Mr. Wilson’s health care providers”; (2) have been unable to “obtain records
of treatment . . . for a serious cardiac condition” which “are critically important to
[defendants’] causation defenses”; (3) have been unable to complete expert discovery; and
(4) cannot fully litigate the case fairly. (Dkt. #36 at 2, 6-7.) Plaintiffs further represent
that an amendment to the schedule is necessary due to: (1) “unexpected delays of key

depositions” of defendant Beede and her supervisor, Brandi Malcook, which interfered
with expert discovery; and (2) “relevant medical records [that] may exist [but] have not
been located.” (Dkt. #38 at 4-8.) The parties jointly maintain that despite their diligence
and cooperation (see dkt. #36 at 7; dkt. #38 at 4-5), the schedule cannot be met.
Although skeptical that this current schedule could not have been met if either party
had timely enlisted the court’s assistance to compel prompt responses to discovery, both
motions are GRANTED under Feder Rule of Civil Procedure 16(b)(4). Accordingly, the
current schedule is STRUCK and the court will conduct a telephonic scheduling conference
on July 10, 2019, at 1:00 p.m. to set a reasonable, but expediated trial schedule, unless the
parties agree that it can be held sooner and so inform the court. Plaintiff shall initiate the
call to the court at [phone]. No further extensions or delays will be granted except
upon a showing of exceptional good cause.
Entered this 22nd day of March, 2019.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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