Smith v. Lamb et al
Plaintiff: Christopher D Smith
Defendant: Otto, Ms. Lamb, Mr Davis, Ms. Labrie, Warden Michael Mesiner, Coulter, L Bartow, C O'Donnell and E Davidson
Case Number: 2:2021cv01295
Filed: November 10, 2021
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: Stephen C Dries
Referring Judge: J P Stadtmueller
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2021 Filing 31 MOTION to Appoint Counsel by Christopher D Smith. (Attachments: #1 Exhibits)(rcm)
December 2, 2021 Filing 30 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Christopher D Smith.(rcm)
November 24, 2021 Filing 29 Magistrate Judge Jurisdiction Form filed by Christopher D Smith. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (amb)
November 24, 2021 Case Reassigned to Judge J P Stadtmueller. Magistrate Judge Stephen C Dries no longer assigned to the case. Notice mailed to plaintiff. (amb)
November 17, 2021 Opinion or Order Filing 28 SCHEDULING ORDER: signed by Magistrate Judge Stephen C Dries on 11/17/2021. Discovery due by 4/17/2022, Defendant's motion for summary judgment on exhaustion grounds due by January 18, 2022, Dispositive Motions due by 5/17/2022. (cc: all counsel and mailed to pro se party)(amb)
November 11, 2021 Filing 27 Magistrate Judge Jurisdiction Form filed by Coulter, Davis, Labrie, Lamb. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Huck, Sarah)
November 10, 2021 Filing 26 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. Mailed. (cmb)
November 10, 2021 Filing 25 Case transferred in from District of Wisconsin Western; Case Number 3:21-cv-00361. Original file certified copy of transfer order and docket sheet received.
November 10, 2021 Opinion or Order Filing 24 ORDER that Defendants' motion to dismiss defendant Emily Davidson from the case, Dkt. #15 , is GRANTED. Defendants' motion to dismiss or transfer the case for improper venue, Dkt. #17 , is GRANTED in part. This case is TRANSFERRED to the United States District Court for the Eastern District of Wisconsin. Signed by District Judge James D. Peterson on 11/10/2021. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
November 10, 2021 NOTICE Regarding assignment of this matter. 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. (cmb)
October 20, 2021 Opinion or Order Filing 23 ** TEXT ONLY ORDER ** In the event that later in this lawsuit the defendants wish to depose the plaintiff, then pursuant to F.R. Civ. Pro. 30(a)(2)(B), permission to conduct this deposition is granted in advance, so that defendants do not need to file a motion asking for permission at that time. Signed by Magistrate Judge Stephen L. Crocker on 10/20/2021. (jef),(ps) [Transferred from wiwd on 11/10/2021.]
October 20, 2021 Opinion or Order Filing 22 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Dispositive Motions for Failure to Exhaust Administrative Remedies due 12/3/2021. Dispositive Motions due 7/1/2022. Rule 26(a)(3) Disclosures and all motions in limine due 12/5/2022. Objections due 12/19/2022. Telephone Final Pretrial Conference set for 1/6/2023 at 10:00 a.m. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5504. Jury Selection and Trial set for 1/17/2023 at 08:30 a.m. before Judge James D. Peterson. Signed by Magistrate Judge Stephen L. Crocker on 10/19/2021. (lam),(ps) [Transferred from wiwd on 11/10/2021.]
October 12, 2021 Filing 21 Brief in Reply by Defendants Coulter, E. Davidson, Davis, Labrie, Lamb in Support of #17 Motion to Transfer, (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.]
October 12, 2021 Filing 20 Brief in Reply by Defendants Coulter, E. Davidson, Davis, Labrie, Lamb in Support of #15 Motion to Dismiss (Attachments: #1 Certificate of Service) (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.]
September 27, 2021 Filing 19 Opposition to #17 MOTION TO TRANSFER to Eastern District of Wisconsin by Plaintiff Christopher D. Smith (Attachments: #1 Envelope) (aom),(ps) [Transferred from wiwd on 11/10/2021.]
September 22, 2021 Filing 18 Brief in Opposition by Plaintiff Christopher D. Smith re: #17 Motion to Transfer, filed by Davis, Lamb, Coulter, E. Davidson, Labrie, #15 Motion to Dismiss filed by E. Davidson. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 11/10/2021.]
September 20, 2021 Reschedule Telephone Pretrial Conference: Telephone Pretrial Conference rescheduled to 10/15/2021 at 1:30 p.m. before Magistrate Judge Stephen L. Crocker. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5153. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
September 14, 2021 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/12/2021 at 2:00 p.m. before Magistrate Judge Stephen L. Crocker. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5153. [#Notice Regarding the Telephone Preliminary Pretrial Conference attached] (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
September 13, 2021 Filing 17 MOTION TO TRANSFER to Eastern District of Wisconsin by Defendants Coulter, E. Davidson, Davis, Labrie, Lamb. (Attachments: #1 Declaration of Julie Dahm, #2 Declaration of Emily Davidson, #3 Certificate of Service) (Huck, Sarah),(ps) Modified on 9/14/2021: E-mail sent to counsel re: Electronic Filing Procedure V.C. (lak) [Transferred from wiwd on 11/10/2021.]
September 13, 2021 Filing 16 Brief in Support of #15 Motion to Dismiss by Defendant E. Davidson (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.]
September 13, 2021 Filing 15 MOTION TO DISMISS the Complaint by Defendant E. Davidson. (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.]
September 13, 2021 Filing 14 ANSWER with Jury Demand by Defendants Coulter, E. Davidson, Davis, Labrie, Lamb. (Attachments: #1 Renumbered Complaint, #2 Certificate of Service) (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.]
September 13, 2021 Set Deadlines as to #15 MOTION TO DISMISS the Complaint. Plaintiff's Brief in Opposition due 10/4/2021. Defendants' Brief in Reply due 10/14/2021. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
September 13, 2021 Set Deadlines as to #17 MOTION TO TRANSFER to Eastern District of Wisconsin . Plaintiff's Brief in Opposition due 10/4/2021. Defendants' Brief in Reply due 10/14/2021. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
August 4, 2021 Opinion or Order Filing 13 ORDER that plaintiff Christopher D. Smith is DENIED leave to proceed on any claims discussed in his proposed supplement to the complaint, Dkt. #9 . Signed by District Judge James D. Peterson on 8/4/2021. (lam),(ps) [Transferred from wiwd on 11/10/2021.]
July 29, 2021 Filing 12 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. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
July 29, 2021 Filing 11 Acceptance of Service by DOJ on behalf of Defendants Coulter, E. Davidson, Davis, Labrie, Lamb. (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.]
July 29, 2021 Filing 10 Notice of Appearance filed by Sarah Ann Huck for Defendants Coulter, E. Davidson, Davis, Labrie, Lamb. (Attachments: #1 Certificate of Service) (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.]
July 26, 2021 Filing 9 Amended Complaint by Plaintiff Christopher D. Smith. (Attachments: #1 Exhibit A - Inmate work/program assigment/placement, #2 Exhibit B - ICE Report, FLCI-2021-3309, #3 Exhibit C - Reviewing Authority's Decision, FLCI-2021-3309, #4 Exhibit D - CCE Report, FLCI-2021-3309, #5 Exhibit E - Office of Secretary Decision, FLCI-2021-3309, #6 Envelopes) (jef),(ps) [Transferred from wiwd on 11/10/2021.]
July 15, 2021 Opinion or Order Filing 8 ORDER on Leave to Proceed: Plaintiff Christopher D. Smith is GRANTED leave to proceed on Eighth Amendment claims against defendants Ms. Lamb, Ms. Davis, Ms. Labrie, Coulter, and E. Davidson. The remainder of the defendants are DISMISSED from the case. Materials delivered to DOJ for acceptance of service. Signed by District Judge James D. Peterson on 7/15/2021. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
June 29, 2021 Filing 7 Warden PLRA Letter. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
June 29, 2021 Partial Filing fee received : $62.70, receipt number 34690039046. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
June 8, 2021 Opinion or Order Filing 6 ORDER that Plaintiff Christopher D. Smith's motion for use of release account funds to pay the entire filing fee in this case is DENIED. Plaintiff may have until July 7, 2021, to submit a check or money order made payable to the clerk of court in the amount of $62.70 If by July 7, 2021, plaintiff fails to make the initial partial payment or show cause for failure to do so, plaintiff will be held to have withdrawn this action voluntarily and the case will be closed without prejudice to plaintiff filing at a later date. Signed by Magistrate Judge Peter A. Oppeneer on 6/8/2021. (kmd),(ps) [Transferred from wiwd on 11/10/2021.]
June 7, 2021 Filing 5 Motion for Use of Release Account Funds by Plaintiff Christopher D. Smith. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 11/10/2021.]
June 1, 2021 Opinion or Order Filing 4 ORDER on ifp request: Initial partial filing fee of $ 62.70 assessed. Initial partial filing fee due 6/22/2021. Signed by Magistrate Judge Peter A. Oppeneer on 06/01/2021. (aom),(ps) [Transferred from wiwd on 11/10/2021.]
June 1, 2021 Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Christopher D. Smith (Attachments: #1 Cover Letter, #2 IPP Calculation) (aom),(ps) [Transferred from wiwd on 11/10/2021.]
June 1, 2021 Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Christopher D. Smith. (aom),(ps) [Transferred from wiwd on 11/10/2021.]
June 1, 2021 Filing 1 COMPLAINT against All Defendants., filed by Christopher D. Smith. (Case non-randomly assigned to District Judge James D. Peterson.) (Attachments: #1 Envelopes) (aom),(ps) [Transferred from wiwd on 11/10/2021.]

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Search for this case: Smith v. Lamb et al
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Plaintiff: Christopher D Smith
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Defendant: Otto
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Defendant: Ms. Lamb
Represented By: Sarah A Huck
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Defendant: Mr Davis
Represented By: Sarah A Huck
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Defendant: Ms. Labrie
Represented By: Sarah A Huck
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Defendant: Warden Michael Mesiner
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Defendant: Coulter
Represented By: Sarah A Huck
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Defendant: L Bartow
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Defendant: C O'Donnell
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Defendant: E Davidson
Represented By: Sarah A Huck
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