Smith v. Lamb et al
| Christopher D Smith |
| Otto, Ms. Lamb, Mr Davis, Ms. Labrie, Warden Michael Mesiner, Coulter, L Bartow, C O'Donnell and E Davidson |
| 2:2021cv01295 |
| November 10, 2021 |
| US District Court for the Eastern District of Wisconsin |
| Stephen C Dries |
| J P Stadtmueller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 MOTION to Appoint Counsel by Christopher D Smith. (Attachments: #1 Exhibits)(rcm) |
| Filing 30 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Christopher D Smith.(rcm) |
| 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) |
| Case Reassigned to Judge J P Stadtmueller. Magistrate Judge Stephen C Dries no longer assigned to the case. Notice mailed to plaintiff. (amb) |
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)
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| 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) |
| 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) |
| 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. |
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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.]
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| 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) |
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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.]
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 16 Brief in Support of #15 Motion to Dismiss by Defendant E. Davidson (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.] |
| Filing 15 MOTION TO DISMISS the Complaint by Defendant E. Davidson. (Huck, Sarah),(ps) [Transferred from wiwd on 11/10/2021.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| Filing 7 Warden PLRA Letter. (kmd),(ps) [Transferred from wiwd on 11/10/2021.] |
| Partial Filing fee received : $62.70, receipt number 34690039046. (kmd),(ps) [Transferred from wiwd on 11/10/2021.] |
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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.]
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| 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.] |
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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.]
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| 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.] |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Christopher D. Smith. (aom),(ps) [Transferred from wiwd on 11/10/2021.] |
| 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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