Kowalewski, Stephen v. Torgerud, Keith et al

Filing 35

ORDER that defendant Brian Puent's motion to compel, dkt. # 31 , is GRANTED. Plaintiff shall have until December 17, 2018 to file his response to defendant's discovery requests. If plaintiff does not submit his discovery response to defendant by this deadline, his case may be dismissed for his failure to prosecute and comply with a court orderon discovery. Signed by District Judge Barbara B. Crabb on 11/28/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STEPHEN KOWALEWSKI,
ORDER
Plaintiff,
18-cv-4-bbc
v.
WAYNE OPICHKA, SOPHIA KORPAL,
MARK RYSKOSKI, ERIC PUENT
and BRIAN PUENT,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Stephen Kowalewski is proceeding on a claims that defendants Wayne
Opichka, Sophia Korpal, Mark Ryskoski, Eric Puent and Brian Puent unlawfully entered his
home and removed his 14-year-old daughter from his custody without a warrant or other
cause, in violation of the Fourth and Fourteenth Amendments. Now before the court is
defendant Brian Puent’s motion to compel plaintiff to respond to his first set of
interrogatories and request for production of documents dated July 13, 2018. Dkt. #31.
The motion will be granted.
Defendant Brian Puent says that plaintiff missed the August 15, 2018 deadline for
responding to the discovery requests and did not respond to defendant’s telephone calls and
letters until September 25, 2018, when plaintiff told defense counsel in a telephone
conversation that he was working on the response but would be contacting the court because
he had been having medical problems. Hearing nothing further from plaintiff, defendant
filed his motion to compel on October 25, 2018. On November 2, 2018, plaintiff called the
court to say that he had received the motion but needed more time to respond. He was told

1

to put his request in writing to the court as soon as possible. Neither defendant Brian Puent
nor the court has heard anything further from plaintiff. Accordingly, I am ordering plaintiff
to file his responses to defendant’s discovery requests within two weeks or risk dismissal of
his case against defendant Brian Puent for failure to prosecute and comply with a court order
on discovery.

ORDER
IT IS ORDERED that defendant Brian Puent’s motion to compel, dkt. #31, is
GRANTED. Plaintiff shall have until December 17, 2018 to file his response to defendant’s
discovery requests. If plaintiff does not submit his discovery response to defendant by this
deadline, his case may be dismissed for his failure to prosecute and comply with a court order
on discovery.

Entered this 28th day of November, 2018.
BY THE COURT:
/s/
___________________________
BARBARA B. CRABB
District Judge

2