Maher, Scott v. Wisconsin Dept. Health & Human Services et al

Filing 48

Transmission of Notice of Appeal, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 46 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket Sheet) (nln),(ps)

Case: 3:18-cv-01061-bbc As of: 01/07/2021 03:44 PM CST 1 of 4
,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:18−cv−01061−bbc
Maher, Scott v. Bellile, Doug
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1983 Civil Rights

Date Filed: 12/21/2018
Date Terminated: 11/10/2020
Jury Demand: Defendant
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Scott Maher
et al.,

represented by Scott Maher
197981
P.O. Box 800
Mauston, WI 53948−0800
PRO SE

V.
Defendant
Doug Bellile

represented by Catherine Rita Malchow
Department of Justice
17 W. Main Street
Madison, WI 53707−7862
608−267−1311
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Rebecca Ann Paulson
Department of Justice
17 West Main Street
Madison, WI 53702
608−266−0278
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

12/21/2018

1 COMPLAINT against All Defendants, filed by Scott Maher. (Case randomly assigned
to District Judge Barbara B. Crabb.) (Attachments:
# 1 Cover Letter,
# 2 Envelope) (rks) (Entered: 12/21/2018)

12/21/2018

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Scott Maher. (rks),(ps)
(Entered: 12/21/2018)

12/21/2018

3 Resident Statement by Plaintiff Scott Maher (rks),(ps) (Additional attachment(s) added
on 12/21/2018:
# 1 IPP Calculation) (rks). (Entered: 12/21/2018)

12/21/2018

4 Motion for Appointment of Counsel/Declaration in Support of Plaintiff's Motion for
Appointment of Counsel by Plaintiff Scott Maher. (rks),(ps) (Entered: 12/21/2018)

12/21/2018

5 ORDER on ifp request: Initial partial filing fee of $ 85.12 assessed due 1/14/2019.
Signed by Magistrate Judge Peter A. Oppeneer on 12/21/2018. (rks),(ps) (Entered:
12/21/2018)

01/14/2019

Partial Filing fee received : $ 85.12, receipt number 34690033657. (rks),(ps) (Entered:
01/14/2019)

Case: 3:18-cv-01061-bbc As of: 01/07/2021 03:44 PM CST 2 of 4
01/14/2019

6 Letter from Scott Maher correcting 5 ORDER on ifp request which referred to plaintiff
as an inmate when it should have stated plaintiff is a patient. (Attachments:
# 1 Envelope) (rks),(ps) (Entered: 01/14/2019)

04/02/2019

7 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant
Doug Bellile. Materials delivered to DOJ for acceptance of service. Leave to proceed
denied and case dismissed against Sand Ridge Secure Treatment Center and Wisconsin
Dept. Health & Human Services. Plaintiff's motion for court assistance in recruiting
counsel, dkt. # 4 , is DENIED without prejudice. Signed by District Judge Barbara B.
Crabb on 4/2/2019. (rks),(ps) (Entered: 04/02/2019)

06/27/2019

8 ** TEXT ONLY ORDER **
It has come to the court's attention that the Wisconsin Department of Justice has not
received notice of the April 2, 2019 leave to proceed order entered in this case.
Accordingly, I am directing the clerk's office to add the Wisconsin DOJ email address
to the docket sheet and re−generate all of the Notice of Electronic Filings to the
Wisconsin DOJ that have been entered in this case. The Wisconsin DOJ may have 60
days from the date of the Notice of Electronic Filing of this order to answer or
otherwise plead to plaintiff's complaint if it accepts service for defendant. Signed by
Magistrate Judge Stephen L. Crocker on 6/27/2019. (nln),(ps) (Entered: 06/27/2019)

07/09/2019

9 Notice of Appearance filed by Rebecca Ann Paulson for Defendant Doug Bellile.
(Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 07/09/2019)

07/09/2019

10 Acceptance of Service by DOJ on behalf of Defendant Doug Bellile. (Paulson,
Rebecca),(ps) (Entered: 07/09/2019)

07/09/2019

11 Notice that for the remainder of this lawsuit plaintiff need only send a copy of his
filings in this case to the court pursuant to an informal service agreement with the
Wisconsin Department of Justice. (nln),(ps) (Entered: 07/09/2019)

08/23/2019

12 ANSWER with Jury Demand by Defendant Doug Bellile. (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 08/23/2019)

08/23/2019

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 9/20/2019 at
02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendant
responsible for setting up the call to chambers at (608) 264−5153. [Notice Regarding
the Telephone Preliminary Pretrial Conference attached] (nln),(ps) (Entered:
08/23/2019)

09/05/2019

13 Letter Requesting Copies by Plaintiff Scott Maher. (Attachments:
# 1 Envelope) (rks),(ps) (Entered: 09/06/2019)

09/06/2019

14 Letter from Clerk's Office 13 Letter Requesting Copies. (rks),(ps) (Entered:
09/06/2019)

09/24/2019

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 9/20/2019 [:20] (cak),(ps)
(Entered: 09/24/2019)

09/24/2019

15 Pretrial Conference Order − Preliminary Pretrial Packet in Pro−Se Cases attached.
Dispositive Motions due 6/26/2020. Rule 26(a)(3) Disclosures and all motions in
limine due 12/4/2020. Objections due 12/18/2020. Telephone Final Pretrial
Conference set for 1/8/2021 at 10:00 AM. Counsel for Defendant responsible for
setting up the call to chambers at (608) 264−5447. Jury Selection and Trial set for
1/19/2021 at 08:30 AM. Signed by Magistrate Judge Stephen L. Crocker on 9/24/2019.
(jef),(ps) (Entered: 09/24/2019)

05/21/2020

16 Proposed Amended Complaint by Plaintiff Scott Maher. (Attachments:
# 1 Envelope) (aom),(ps) (Entered: 05/21/2020)

06/10/2020

17 Motion for Extension of Time of Dispositive Motions Deadline by Defendant Doug
Bellile. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Paulson, Rebecca),(ps) (Entered: 06/10/2020)

06/10/2020

18 Declaration of Rebecca A. Paulson filed by Defendant Doug Bellile re: 17 MOTION
for Extension of Time (Paulson, Rebecca),(ps) (Entered: 06/10/2020)

Case: 3:18-cv-01061-bbc As of: 01/07/2021 03:44 PM CST 3 of 4
06/10/2020

19 ** TEXT ONLY ORDER **
ORDER granting 17 Motion to Extend Dispositive Motions Deadline. Dispositive
Motions now due 7/24/2020. Signed by Magistrate Judge Stephen L. Crocker on
6/10/2020. (nln),(ps) (Entered: 06/10/2020)

06/18/2020

20 ORDER that plaintiff Scott Maher's motion for leave to amend his complaint, dkt. 16 ,
is DENIED. Signed by District Judge Barbara B. Crabb on 6/18/2020. (rks),(ps)
(Entered: 06/18/2020)

07/16/2020

21 Notice of Appearance filed by Catherine Rita Malchow for Defendant Doug Bellile.
(Attachments:
# 1 Certificate of Service) (Malchow, Catherine),(ps) (Entered: 07/16/2020)

07/21/2020

22 Motion to Compel by Defendant Doug Bellile. Motions referred to Magistrate Judge
Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Malchow, Catherine),(ps) (Entered: 07/21/2020)

07/21/2020

23 Declaration of Catherine Malchow filed by Defendant Doug Bellile re: 22 Motion to
Compel (Attachments:
# 1 Exhibit 1000 − June 17, 2020 Letter,
# 2 Exhibit 1001 − July 10, 2020 Letter,
# 3 Exhibit 1002 − Plaintiff's July 20 Letter) (Malchow, Catherine),(ps) (Entered:
07/21/2020)

07/22/2020

24 ORDER that defendant Doug Bellile's motion to compel and to stay summary
judgment, dkt. 22 , is DENIED. The dispositive motions deadline is extended to July
31, 2020. Signed by District Judge Barbara B. Crabb on 7/22/2020. (rks),(ps) (Entered:
07/22/2020)

07/31/2020

25 MOTION FOR SUMMARY JUDGMENT by Defendant Doug Bellile.
(Attachments:
# 1 Certificate of Service) (Malchow, Catherine),(ps) (Entered: 07/31/2020)

07/31/2020

26 Brief in Support of 25 Motion for Summary Judgment by Defendant Doug Bellile
(Malchow, Catherine),(ps) (Entered: 07/31/2020)

07/31/2020

27 Proposed Findings of Fact filed by Defendant Doug Bellile re: 25 Motion for
Summary Judgment (Malchow, Catherine),(ps) (Entered: 07/31/2020)

07/31/2020

28 Declaration of Doug Bellile filed by Defendant Doug Bellile re: 25 Motion for
Summary Judgment (Attachments:
# 1 Exhibit 1003 − SR #483 Video Use − Patients, eff 7.10.18,
# 2 Exhibit 1004 − SR #483 Video Use − Patients, eff 9.3.19,
# 3 Exhibit 1005 − SR #115 Property and Limits−Patient and Appendix A,
# 4 Exhibit 1006 SR #479 Review of Patient Reading Materials and Pictures)
(Malchow, Catherine),(ps) (Entered: 07/31/2020)

07/31/2020

29 Declaration of Dr. Jason Smith filed by Defendant Doug Bellile re: 25 Motion for
Summary Judgment (Malchow, Catherine),(ps) (Entered: 07/31/2020)

07/31/2020

30 Declaration of Steven Prudhomme filed by Defendant Doug Bellile re: 25 Motion for
Summary Judgment (Attachments:
# 1 Exhibit 1007 − Approved Video List,
# 2 Exhibit 1008 − Denied Video List) (Malchow, Catherine),(ps) (Entered:
07/31/2020)

07/31/2020

31 Amended Expert Witness Disclosures by Defendant Doug Bellile (Malchow,
Catherine),(ps) (Entered: 07/31/2020)

07/31/2020

08/17/2020

Set/Reset Briefing Deadlines as to 25 MOTION FOR SUMMARY JUDGMENT .
[Pro Se Summary Judgment Procedure for Cases Assigned to Judge Crabb attached.]
Plaintiff's Brief in Opposition due 8/31/2020. Defendant's Brief in Reply due
9/10/2020. (nln),(ps) (Entered: 07/31/2020)
32 Motion for extension of time to respond to 25 Motion for Summary Judgment, by
Plaintiff Scott Maher. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 08/17/2020)

Case: 3:18-cv-01061-bbc As of: 01/07/2021 03:44 PM CST 4 of 4
08/17/2020

33 ** TEXT ONLY ORDER **
ORDER granting 32 Motion for Extension of Time. Plaintiff's Brief in Opposition due
9/10/2020. Defendants' Brief in Reply due 9/21/2020. Signed by Magistrate Judge
Stephen L. Crocker on 8/17/2020. (jef),(ps) (Entered: 08/17/2020)

09/08/2020

34 Response to Proposed Findings of Fact filed by Plaintiff Scott Maher re: 25 Motion for
Summary Judgment. (jef),(ps) (Entered: 09/08/2020)

09/08/2020

35 Declaration of Scott Maher filed by Plaintiff Scott Maher re: 25 Motion for Summary
Judgment. (jef),(ps) (Entered: 09/08/2020)

09/08/2020

36 Motion Opposing Defendants' Amended Expert Witness Disclosure by Plaintiff Scott
Maher. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 09/08/2020)

09/08/2020

Set Briefing Deadlines as to plaintiff's 36 Motion for Opposing Defendants' Amended
Expert Witness Disclosure. Defendants' Brief in Opposition due 9/21/2020. (jef),(ps)
(Entered: 09/08/2020)

09/21/2020

37 Brief in Opposition by Defendant Doug Bellile re: 36 Motion for Miscellaneous Relief
filed by Scott Maher (Attachments:
# 1 Certificate of Service) (Malchow, Catherine),(ps) (Entered: 09/21/2020)

09/21/2020

38 Brief in Reply by Defendant Doug Bellile in Support of 25 Motion for Summary
Judgment (Malchow, Catherine),(ps) (Entered: 09/21/2020)

09/21/2020

39 Reply in Support of Proposed Findings of Fact filed by Defendant Doug Bellile re: 25
Motion for Summary Judgment (Malchow, Catherine),(ps) (Entered: 09/21/2020)

09/21/2020

40 Supplemental Proposed Findings of Fact filed by Defendant Doug Bellile re: 25
Motion for Summary Judgment (Malchow, Catherine),(ps) (Entered: 09/21/2020)

09/21/2020

41 Declaration of Amy Jenkins filed by Defendant Doug Bellile re: 25 Motion for
Summary Judgment (Attachments:
# 1 Exhibit 1009 − 16SR00044,
# 2 Exhibit 1010−17SR00082,
# 3 Exhibit 1011−17SR000161,
# 4 Exhibit 1012−Review of Reading Material 10−16−18,
# 5 Exhibit 1013−Review of Reading Material 7−22−19,
# 6 Exhibit 1014 − Review of Reading Material 9−2−20,
# 7 Exhibit 1015 − 17SR000242) (Malchow, Catherine),(ps) (Entered: 09/21/2020)

09/21/2020

42 Supplemental Declaration of Steven Prudhomme filed by Defendant Doug Bellile re:
25 Motion for Summary Judgment (Malchow, Catherine),(ps) (Entered: 09/21/2020)

10/13/2020

43 Motion for Assistance in Recruiting Counsel by Plaintiff Scott Maher. (Attachments:
# 1 Envelope) (aom),(ps) (Entered: 10/13/2020)

11/10/2020

44 ORDER denying Plaintiff's 36 Motion for Opposing Defendants' Amended Expert
Witness Disclosure; denying Plaintiff's 43 Motion for Assistance in Recruiting
Counsel; granting Defendant Doug Bellile's 25 Motion for Summary Judgment.
Signed by District Judge Barbara B. Crabb on 11/9/2020. (lam),(ps) (Entered:
11/10/2020)

11/10/2020

45 JUDGMENT entered in favor of defendants dismissing this case. (lam),(ps) (Entered:
11/10/2020)

01/07/2021

46 NOTICE OF APPEAL (unsigned) by Plaintiff Scott Maher as to 44 Order, 45
Judgment. $505 fee or motion for ifp due. No Docketing Statement filed. Note:
Submission forwarded from Seventh Circuit Court of Appeals on 1/07/21.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 01/07/2021)

01/07/2021

47 Appeal Information Packet. (nln),(ps) (Entered: 01/07/2021)