Thom, David et al v. Garrigan, Daniel et al

Filing 116

ORDER that the amended complaint at Dkt. 104 is the operative pleading in this case. Defendants may have until August 6, 2019 to file an answer to the amended complaint.The caption is AMENDED to remove William Cadwallader, Robert Wentworth, and Raymond Boyle as plaintiffs and Susan Conner, Shawn Murphy, Kevin Todryk, Peter Bartaczewicz, Dawn Wilcox, Marie Moe, Roger Brandner, Joseph Ruf, Jordan Haueter, Leda Wagner, Douglas Jarzynski, Michael Haverley, Terri Pulvermacher, Max Jenanaschet, Thomas M. Drury, Charles Miller, Kathryn E. Miller, Robert Becker, Charles Church, and Mark Hazelbaker as defendants. Signed by District Judge James D. Peterson on 7/23/2019. (jef),(ps)

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

DAVID THOM, CRYSTAL THOM,
WILLIAM CADWALLADER,
ROBERT L. WENTWORTH, RAYMOND BOYLE,
and MICHAEL O’GRADY,
Plaintiffs,
v.
DANIEL GARRIGAN, CHARLES POCHES,
MATTHEW FOSTER, PETER HIBNER,
ROBIN KVALO, BRAD MEIXNER, SUSAN CONNER,
SHAWN MURPHY, KENNETH MANTHEY,
JASON STENBERG, ROBERT BAGNELL,
KEITH KLAFKE, BENJAMIN NEUMANN,
KEVIN TODRYK, PETER WARNING,
PETER BARTACZEWICZ, ANTHONY BRAUNER,
MICHAEL SCHUTZ, DAWN WILCOX, MARIE
MOE, SCOTT KLICKO, BRIAN NOLL,
ROGER BRANDNER, JOSEPH RUF,
JORDAN HAUETER, LEDA WAGNER,
DOUGLAS JARZYNSKI, DAVID CLARK,
MICHAEL HAVERLEY, MARK SMIT,
ALEXANDER AGNEW, BENJAMIN OETZMAN,
TERRI PULVERMACHER, MAX JENANASCHET,
CORY MILLER, GREGORY BISCH,
THOMAS M. DRURY, CHARLES MILLER,
KATHRYN E. MILLER, ROBERT BECKER,
CHARLES CHURCH, and MARK HAZELBAKER,

ORDER
18-cv-368-jdp

Defendants.

In previous orders, I explained that plaintiffs David Thom, Crystal Thom, William
Cadwallader, Robert Wentworth, Raymond Boyle, and Michael O’Grady have tried to fit too
many unrelated claims into this lawsuit. Dkt. 100, 112. I explained that plaintiffs’ allegations
could be grouped into six categories of claims and I directed plaintiffs to choose only one
category on which to proceed in this case. Plaintiffs have now responded, stating that they wish

to proceed with the claims identified as “Lawsuit #1,” which are the subject of the amended
complaint that was docketed as Dkt. 104. In light of plaintiffs’ response, I will consider the
amended complaint at Dkt. 104 to be the operative pleading in this case. Because that amended
complaint names only O’Grady, David Thom, and Crystal Thom as plaintiffs, I will remove
Cadwallader, Wentworth, and Boyle from the caption of this case. I will remove as defendants
several individuals that plaintiffs omitted from their amended complaint at Dkt. 104.
As explained previously, if plaintiffs want to pursue any other claims not included in
the amended complaint at Dkt. 104, plaintiffs must file new complaints in new cases and pay
a separate filing fee for each of the cases that they want to pursue.

ORDER
IT IS ORDERED that:
1. The amended complaint at Dkt. 104 is the operative pleading in this case.
Defendants may have until August 6, 2019 to file an answer to the amended
complaint.
2. The caption is AMENDED to remove William Cadwallader, Robert Wentworth, and
Raymond Boyle as plaintiffs and Susan Conner, Shawn Murphy, Kevin Todryk,
Peter Bartaczewicz, Dawn Wilcox, Marie Moe, Roger Brandner, Joseph Ruf, Jordan
Haueter, Leda Wagner, Douglas Jarzynski, Michael Haverley, Terri Pulvermacher,
Max Jenanaschet, Thomas M. Drury, Charles Miller, Kathryn E. Miller, Robert
Becker, Charles Church, and Mark Hazelbaker as defendants.
Entered July 23, 2019.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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