Stechauner v. Toney et al
Plaintiff: Matthew C Stechauner
Defendant: Jane Does, Judy Smith, Eric Toney, John Does, Amy Karn, Lori Adams, Richard Freund and Natasha Brozovic
Case Number: 2:2020cv01554
Filed: October 8, 2020
Court: US District Court for the Eastern District of Wisconsin
Office: Milwaukee Office
Presiding Judge: Brett Ludwig
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 Filing 30 Magistrate Judge Jurisdiction Form filed by Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Held, Eliot)
October 8, 2020 Filing 29 LETTER from the clerk to plaintiff re Consent/Refusal to Magistrate Judge Dries and requesting that the consent/refusal form be filed within 21 days. (jcl)
October 8, 2020 NOTICE Regarding assignment of this matter to Judge Brett Ludwig; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)
October 8, 2020 Filing 28 Case transferred in from District of Wisconsin Western; Case Number 3:20-cv-00071. Original file certified copy of transfer order and docket sheet received.
October 7, 2020 Opinion or Order Filing 27 ORDER that defendants' motion to dismiss or transfer, Dkt. #11 , is granted in part. This case is transferred to the United States District Court for the Eastern District of Wisconsin. The remainder of defendants' motion is denied. Plaintiff Matthew C. Stechauner's motion to amend his complaint, Dkt. #16 , is granted. Stechauner may substitute Amy Karn and Richard Freund in place of Doe defendants named in his initial complaint. He may proceed on Eighth Amendment claims against Karn and Freund as described in the court's prior screening order, Dkt. #6 . Stechauner is denied leave to proceed on claims against Cathy Jess and C. O'Donnell. Stechauner's motion for assistance in recruiting counsel, Dkt. #7 , is denied without prejudice. Signed by District Judge James D. Peterson on 10/7/2020. (rks),(ps) [Transferred from wiwd on 10/8/2020.]
September 29, 2020 Filing 26 Supplemental Declaration of Sarah Feltes filed by Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney re: #11 Motion to Dismiss (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 10/8/2020.]
September 28, 2020 Opinion or Order Filing 25 ** TEXT ONLY ORDER ** In response to defendants' venue challenge, Dkt. #11 , pro se plaintiff Matthew Stechauner asks to amend his complaint by adding four defendants, Dkt. #16 . Stechauner's allegations against two of them, Cathy Jess and C. O'Donnell, plainly fail to state a claim because Stechauner doesn't allege that they were personally involved in violating his rights, only that they allowed his rights to be violated by rejecting his prior inmate complaints. Stechauner's allegations about Amy Karn and Jeff Freund wouldn't fix the venue problem if they don't reside in this district. Defendants are directed to submit evidence of Karn and Freund's residency by October 5, 2020. Signed by District Judge James D. Peterson on 9/28/2020. (rks),(ps) [Transferred from wiwd on 10/8/2020.]
July 20, 2020 Opinion or Order Filing 24 ** TEXT ONLY ORDER **Pro se plaintiff Matthew Stechauner has moved for entry of default and default judgment against defendants because they have not yet answered his complaint. Dkt. #19 and Dkt. #20 . But defendants have moved to dismiss Stechauner's case on the grounds that venue in this district is improper. Dkt. #11 . This means that their answer is not due until 14 days after I rule on defendants' motion. Fed. R. Civ. P. 12(a)(4)(A). Defendants have not defaulted, so I will DENY both of Stechauner's motions. Signed by District Judge James D. Peterson on 7/20/2020. (rks),(ps) [Transferred from wiwd on 10/8/2020.]
July 17, 2020 Filing 23 Brief in Opposition by Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney re: #19 Motion for Entry of Default filed by Matthew C. Stechauner, #20 Motion for Default Judgment filed by Matthew C. Stechauner (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 10/8/2020.]
July 17, 2020 Filing 22 Declaration of Matthew C. Stechauner in Support of #19 Motion for Entry of Default as to All Defendants, #20 Motion for Default Judgment as to All Defendants. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
July 17, 2020 Filing 21 Brief in Support of #19 Motion for Entry of Default as to All Defendants, #20 Motion for Default Judgment filed by Plaintiff Matthew C. Stechauner. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
July 17, 2020 Filing 20 Motion for Default Judgment as to All Defendants by Plaintiff Matthew C. Stechauner. (Attachments: #1 Proposed Default Judgment, #2 Certificate of Service) (nln),(ps) [Transferred from wiwd on 10/8/2020.]
July 17, 2020 Filing 19 Motion for Entry of Default as to All Defendants by Plaintiff Matthew C. Stechauner. (Attachments: #1 Certificate of Service, #2 E-Filing Cover Sheet) (nln),(ps) [Transferred from wiwd on 10/8/2020.]
June 11, 2020 Filing 18 Notice that for the remainder of this lawsuit, with respect to the defendants the Wisconsin Department of Justice has accepted service for, plaintiff need only send a copy of his filings in this case to the court pursuant to an informal service agreement with the Department. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
June 11, 2020 Filing 17 Acceptance of Service by DOJ on behalf of Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 10/8/2020.]
June 8, 2020 Filing 16 Motion to Amend #1 Complaint, by Plaintiff Matthew C. Stechauner. (Attachments: #1 Certificate of Service, #2 E-filing cover sheet) (jef),(ps) [Transferred from wiwd on 10/8/2020.]
June 8, 2020 Filing 15 Brief in Reply by Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney in Support of #11 Motion to Dismiss or Transfer (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 10/8/2020.]
June 8, 2020 Filing 14 Brief in Opposition by Plaintiff Matthew C. Stechauner re: #11 Motion to Dismiss filed by Eric Toney, Lori Adams, Judy Smith, Natasha Brozovic (Attachments: #1 Certificate of Service, #2 E Filing Cover Sheet) (aom),(ps) [Transferred from wiwd on 10/8/2020.]
June 2, 2020 Set Briefing Deadlines as to #11 MOTION TO DISMISS or Transfer. Plaintiff's Brief in Opposition due 6/16/2020. Defendants' Brief in Reply due 6/23/2020. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
June 2, 2020 Filing 13 Declaration of Natasa Brozovic filed by Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney re: #11 Motion to Dismiss (Held, Eliot),(ps) [Transferred from wiwd on 10/8/2020.]
June 2, 2020 Filing 12 Declaration of Sarah Feltes filed by Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney re: #11 Motion to Dismiss (Held, Eliot),(ps) [Transferred from wiwd on 10/8/2020.]
June 2, 2020 Filing 11 MOTION TO DISMISS or Transfer by Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney. (Held, Eliot),(ps) Modified on 6/2/2020 (nln). [Transferred from wiwd on 10/8/2020.]
June 2, 2020 Filing 10 Notice of Appearance filed by Eliot M. Held for Defendants Lori Adams, Natasha Brozovic, Judy Smith, Eric Toney. (Attachments: #1 Certificate of Service) (Held, Eliot),(ps) [Transferred from wiwd on 10/8/2020.]
May 18, 2020 Filing 9 Declaration of Matthew C. Stechauner in Support of #7 Motion for Appointment of Counsel. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
May 18, 2020 Filing 8 Brief in Support of #7 Motion for Appointment of Counsel, by Plaintiff Matthew C. Stechauner. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
May 18, 2020 Filing 7 Motion for Appointment of Counsel by Plaintiff Matthew C. Stechauner. (Attachments: #1 Letters to Attorneys and (3) Three Attorney Rejection Letters, #2 Reading and Mathematics Test Results for Matthew Stechauner, #3 Page 3 of Inmate Classification Report, #4 Psychological Referrals/Screening/Contacts, Psychological Services Clinical Contact, Placement / Review of Offender Mental Health Observation, #5 Certificate of Service, #6 E-Filing Cover Sheet) (nln),(ps) [Transferred from wiwd on 10/8/2020.]
May 11, 2020 Opinion or Order Filing 6 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Natasha Brozovic, Eric Toney, Lori Adams, Judy Smith. Materials delivered to DOJ for acceptance of service. Signed by District Judge James D. Peterson on 5/11/2020. (rks),(ps) [Transferred from wiwd on 10/8/2020.]
February 3, 2020 Filing 5 Warden PLRA Letter. (rks),(ps) [Transferred from wiwd on 10/8/2020.]
February 3, 2020 Partial Filing fee received : $56.38, receipt number 34690036286. (rks),(ps) [Transferred from wiwd on 10/8/2020.]
January 27, 2020 Opinion or Order Filing 4 ORDER on ifp request: Plaintiff Matthew C. Stechauner assessed an initial partial filing fee of $56.38 due 2/18/2020. Signed by Magistrate Judge Peter A. Oppeneer on 1/27/2020. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
January 24, 2020 Filing 3 Prisoner Trust Fund Account Statements by Plaintiff Matthew C. Stechauner. (nln),(ps) (Additional attachment(s) added on 1/27/2020: #1 IPP Calculation) (nln). [Transferred from wiwd on 10/8/2020.]
January 24, 2020 Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Matthew C. Stechauner. (nln),(ps) [Transferred from wiwd on 10/8/2020.]
January 24, 2020 Filing 1 COMPLAINT against All Defendants, filed by Matthew C. Stechauner. (Case non-randomly assigned to District Judge James D. Peterson.) (Attachments: #1 Inmate Complaint Number OSCI-2018-17098, #2 Interview/Information Request, #3 Inmate Complaint Number OSCI-2018-22195, #4 Certificate of Service, #5 E-Filing Cover Sheet) (nln),(ps) [Transferred from wiwd on 10/8/2020.]

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Defendant: Jane Does
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Defendant: Judy Smith
Represented By: Eliot M Held
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Defendant: Eric Toney
Represented By: Eliot M Held
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Defendant: John Does
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Defendant: Amy Karn
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Defendant: Lori Adams
Represented By: Eliot M Held
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Defendant: Richard Freund
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Defendant: Natasha Brozovic
Represented By: Eliot M Held
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Plaintiff: Matthew C Stechauner
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