Zavala, Jimmy v. Waterman, Jolinda et al

Filing 33

ORDER denying plaintiff Jimmy Zavala's 22 motion to direct defendant Sandra McArdle to file an answer. A ruling on plaintiff's motion to enter default judgment against McArdle, Dkt. 21 , is STAYED pending resolution of Zavala's other claims. Signed by District Judge James D. Peterson on 6/21/2018. (jef),(ps)

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

JIMMY ZAVALA,
Plaintiff,
v.

ORDER

J. WATERMAN, DEPUTY WARDEN WINKLESKI,
KARTMAN, MS. SUTTER, KOOL, ANDERSON,
NP MCARDLE, and L. ALSUM,

18-cv-331-jdp

Defendants.
Plaintiff Jimmy Zavala, appearing pro se, is an inmate at the Wisconsin Secure Program
Facility. He brings this lawsuit against defendant prison officials who he says failed to properly
treat him after he injured his back working at his prison job. This case was transferred from the
District Court for the Eastern District of Wisconsin, which has already screened the complaint
and allowed Zavala to proceed on Eighth Amendment and state-law negligence claims against
defendants.
All of the defendants have been served, and seven of the eight defendants have answered
the complaint. Defendant Sandra McArdle, who the state says worked for a private company
contracted to provide medical services at the prison, has not. The clerk of court has entered
default against her. Zavala has filed motions asking for the court to direct McArdle to file an
answer or alternatively to enter default judgment. I cannot force McArdle to answer, so I will
deny that motion. Barring McArdle’s appearance and a showing of good cause, I will eventually
enter default judgment against her. But there is no reason to hold a default judgment hearing
now, while all of Zavala’s other claims are pending. So I will stay a ruling on the default

judgment motion. After the other claims are resolved, I will set a hearing date on Zavala’s
motion.

ORDER
IT IS ORDERED that:
1. Plaintiff Jimmy Zavala’s motion to direct defendant Sandra McArdle to file an
answer, Dkt. 22, is DENIED.
2. A ruling on plaintiff’s motion to enter default judgment against McArdle, Dkt. 21,
is STAYED pending resolution of Zavala’s other claims.
Entered June 21, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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