Evans v. Hansen
| Devon Tyron Evans |
| Eric Hansen, Donovan J Carlson, Barry Babler, Menomone Falls Police Department, Aaron Hoppe and Lesli S. Boese |
| 2:2022cv00606 |
| May 23, 2022 |
| US District Court for the Eastern District of Wisconsin |
| Lynn Adelman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 69 MOTION for Protective Order Agreed by Devon Tyron Evans. (Attachments: #1 Proposed Order)(Barnett, Shawn) |
| Filing 68 Minute Entry for proceedings held before Judge Lynn Adelman: Status Conference held on 6/23/2022. The parties should inform the court if they are interested in mediation services. Final Pretrial Conference set for 1/9/2023 at 09:30 AM and Jury Trial set for 2/6/2023 at 08:30 AM in Courtroom 390, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge Lynn Adelman. (kmr) |
| Filing 67 Magistrate Judge Jurisdiction Form filed by Eric Hansen. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Baynard, Jasmyne) |
| Filing 66 NOTICE of Hearing: IT IS ORDERED that a telephonic status conference will be held on June 23, 2022 at 10:45 a.m. The court will initiate the call. Counsel must email the court prior to the call at AdelmanPO@wied.uscourts.gov to provide contact information. (cc: all counsel)(kmr) |
| Filing 65 Magistrate Judge Jurisdiction Form filed by Devon Tyron Evans. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Barnett, Shawn) |
| Filing 64 Case transferred in from District of Wisconsin Western; Case Number 3:20-cv-00860. Original file certified copy of transfer order and docket sheet received. |
Filing 63
** TEXT ONLY ORDER **The parties' joint motion to transfer this case under 28 U.S.C. 1404, Dkt. #62 , is GRANTED. This case is transferred to the Eastern District of Wisconsin. Signed by District Judge James D. Peterson on 5/23/2022. (jef),(ps) [Transferred from wiwd on 5/23/2022.]
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| NOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
| Filing 62 Joint MOTION TO TRANSFER to Eastern District of Wisconsin by Plaintiff Devon Tyron Evans. Brief in Opposition due 6/10/2022. Brief in Reply due 6/21/2022. (Marx, Jason),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 61
** TEXT ONLY ORDER ** At an unrecorded May 19, 2022 telephonic status conference, the parties, by counsel reported that not later than May 27, 2022, they will be filing a joint motion to transfer this case to the Eastern District of Wisconsin, for reasons stated. Because transfer makes sense, we did not schedule any additional dates or deadlines in this court. The parties had no other matters to bring to the court's attention. Signed by Magistrate Judge Stephen L. Crocker on 5/19/2022. (jef),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 60 Notice of Withdrawal of Counsel by Paul A. Kinne re: Plaintiff Devon Tyron Evans (Kinne, Paul),(ps) [Transferred from wiwd on 5/23/2022.] |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Scheduling Conference held on 5/19/2022 [:10] (mfh),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 59 Notice of Appearance filed by Paul A. Kinne for Plaintiff Devon Tyron Evans. (Kinne, Paul),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 58
** TEXT ONLY ORDER **ORDER granting #57 Motion to Admit Jason M. Marx Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 5/10/2022. (jef),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 57 Motion to Admit Jason M Marx Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3053637.) by Plaintiff Devon Tyron Evans. Motions referred to Magistrate Judge Stephen L. Crocker. (Marx, Jason),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 56
** TEXT ONLY ORDER **ORDER granting #55 Motion to Admit Shawn Barnett Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 5/9/2022. (jef),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 55 Motion to Admit Shawn Barnett Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3053547.) by Plaintiff Devon Tyron Evans. Motions referred to Magistrate Judge Stephen L. Crocker. (Barnett, Shawn),(ps) [Transferred from wiwd on 5/23/2022.] |
| Set Hearings: Telephone Scheduling Conference set for 5/19/2022 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5153. (jef),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 54 Schedule Conference by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 53
** TEXT ONLY ORDER ** At an April 14, 2022 telephonic status conference, the court advised plaintiff that it was willing to look for a volunteer attorney to represent him at trial if that's what plaintiff wanted. The court explained to plaintiff how this works, including that this process sometimes takes up to a year, and sometimes the court cannot find a volunteer attorney at all, which means that we end up back where we started. Plaintiff responded that he understood these things and that he wanted the court to find a volunteer attorney for him. The court confirmed to plaintiff that he can and should see if he can find an attorney on his own, and that that attorney could file a notice of appearance at any time. In light of this, we did not set a schedule, and the court will begin searching for a volunteer attorney to represent plaintiff at trial. Signed by Magistrate Judge Stephen L. Crocker on 4/14/2022. (jef),(ps) [Transferred from wiwd on 5/23/2022.]
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Scheduling Conference held on 4/14/2022 [:10] (cak),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 52
ORDER Reassigning Case. Case reassigned to District Judge James D. Peterson for all further proceedings. District Judge Barbara B. Crabb no longer assigned to case. Signed by District Judge James D. Peterson on 3/22/2022. (lam),(ps) [Transferred from wiwd on 5/23/2022.]
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Filing 51
ORDER denying defendant Eric Hansen's #28 Motion for Summary Judgment. The clerk of court is directed to schedule a conference with Magistrate Judge Crocker so that a trial schedule may be set. Signed by District Judge Barbara B. Crabb on 3/11/2022. (jef),(ps) [Transferred from wiwd on 5/23/2022.]
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| Set Deadlines/Hearings: Telephone Scheduling Conference set for 4/14/2022 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5153. (jef),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 50
** TEXT ONLY ORDER ** Due to court scheduling issues, the remainder of the schedule in this case is STRUCK and will be reset if necessary after the court rules on the pending motion for summary judgment. Signed by Magistrate Judge Stephen L. Crocker on 12/06/2021. (aom),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 49 Certificate of Service by Defendant Eric Hansen as to #48 Reply in Support of Proposed Findings of Fact, #47 Brief in Reply. (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 48 Reply in Support of Proposed Findings of Fact filed by Defendant Eric Hansen re: #28 Motion for Summary Judgment (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 47 Brief in Reply by Defendant Eric Hansen in Support of #28 Motion for Summary Judgment (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 46
** TEXT ONLY ORDER ** Now that plaintiff has filed a brief in opposition to defendant's motion for summary judgment, defendant may have until October 28, 2021 in which to file his brief in reply. Signed by District Judge Barbara B. Crabb on 10/15/2021. (kmd),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 45 Declaration of Devon Tyrone Evans filed by Plaintiff Devon Tyron Evans re: #28 Motion for Summary Judgment (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 44 Response to Proposed Findings of Fact filed by Plaintiff Devon Tyron Evans re: #28 Motion for Summary Judgment (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 43 Brief in Opposition by Plaintiff Devon Tyron Evans re: #28 Motion for Summary Judgment filed by Eric Hansen (Attachments: #1 Cover Letter) (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 42
ORDER Plaintiff Devon Tyrone Evans' motion for assistance in recruiting counsel, dkt. #38 , is DENIED. Plaintiff's motion for an extension of time, dkt. #41 , is GRANTED IN PART. Plaintiff may have an additional 7 days, until October 7, 2021, to submit his summary judgment opposition materials. The clerk of court is directed to provide plaintiff with a copy of this court's summary judgment procedures with this order. Signed by District Judge Barbara B. Crabb on 9/17/2021. (kmd),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 41 Motion Requesting Continuance of Defendant's Summary Judgment Motion by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 40
** TEXT ONLY ORDER ** Plaintiff's motion for extension of time, Dkt. #37 , is GRANTED IN PART. Plaintiff may have an additional 30 days, until September 30, 2021, to submit his summary judgment opposition materials. Neither the law nor facts of this case are particularly complicated, and plaintiff should not need to spend extensive time in the law library conducting legal research. He should focus instead on preparing his own declaration regarding the alleged excessive force incident and on gathering statements from any other witnesses to relevant events. Signed by Magistrate Judge Stephen L. Crocker on 8/10/2021. (kmd),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 39 Declaration of Devon Evans filed by Plaintiff Devon Tyron Evans re: #38 2nd Motion for Appointment of Counsel (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 38 2nd Motion for Appointment of Counsel by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 37 Motion for Extension of Time by Plaintiff Devon Tyron Evans. (Attachments: #1 Cover Letter, #2 Certificate of Service) (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 36 Certificate of Service by Defendant Eric Hansen as to #31 Declaration, #33 Declaration, #29 Proposed Findings of Fact, #34 Declaration, #32 Declaration, #30 Brief in Support, #28 MOTION FOR SUMMARY JUDGMENT , #35 Declaration. (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 35 Declaration of Donovan Carlson filed by Defendant Eric Hansen re: #28 Motion for Summary Judgment (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 34 Declaration of Christopher Bellows filed by Defendant Eric Hansen re: #28 Motion for Summary Judgment (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 33 Declaration of Barry Babler filed by Defendant Eric Hansen re: #28 Motion for Summary Judgment (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 32 Declaration of Eric Hansen filed by Defendant Eric Hansen re: #28 Motion for Summary Judgment (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 31 Declaration of Jasmyne M. Baynard filed by Defendant Eric Hansen re: #28 Motion for Summary Judgment (Attachments: #1 Exhibit D.A. Letter, #2 Exhibit CCAP Page) (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 30 Brief in Support of #28 Motion for Summary Judgment by Defendant Eric Hansen (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 29 Proposed Findings of Fact filed by Defendant Eric Hansen re: #28 Motion for Summary Judgment (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 28 MOTION FOR SUMMARY JUDGMENT by Defendant Eric Hansen. (Wirth, Ann),(ps) [Transferred from wiwd on 5/23/2022.] |
| Set Briefing Deadlines as to #28 MOTION FOR SUMMARY JUDGMENT . [#Pro Se Summary Judgment Procedure for Cases Assigned to Judge Crabb attached.] Plaintiff's Brief in Opposition due 8/30/2021. Defendant's Brief in Reply due 9/9/2021. (kmd),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 27 Letter from Clerk's Office regarding Discovery. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 26 Request for Production of Documents by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 25 Additional Interrogatories by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 24 Response to Request of Production of Documents by Plaintiff Devon Tyron Evans. (Attachments: #1 Certificate of Service) (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 23 Notice of Appearance Amended filed by Kyle R Moore for Defendant Eric Hansen. (Attachments: #1 Certificate of Service) (Moore, Kyle),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 22
ORDER that plaintiff Devon Tyrone Evans' motion to amend his complaint, dkt. #16 , and motion to suppress, dkt. #21 , are DENIED. Signed by District Judge Barbara B. Crabb on 2/9/2021. (lam),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 21 Motion to Suppress Statement by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 20 Notice of Withdrawal of Counsel Atty. John A. Wolfgang by Ann C. Wirth re: Defendant Eric Hansen (Attachments: #1 Certificate of Service) (Wirth, Ann),(ps) Modified on 2/5/2021 (jef). [Transferred from wiwd on 5/23/2022.] |
| Filing 19 Letter from Clerk's Office regarding #17 Request for Production of Documents and #18 First Set of Interrogatories. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 18 First set of Interrogatories by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 17 Request for Production of Documents by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 16 Motion to Add Defendant(s) by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 15
Pretrial Conference Order - # Preliminary Pretrial Packet in Pro-Se Cases attached. Dispositive Motions due 7/30/2021. Rule 26(a)(3) Disclosures and all motions in limine due 1/14/2022. Objections due 1/28/2022. Telephone Final Pretrial Conference set for 2/11/2022 at 10:00 AM. Counsel for Defendants responsible for setting up the call to chambers at (608) 264-5504. Jury Selection and Trial set for 2/22/2022 at 08:30 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/10/2020. (lam),(ps) [Transferred from wiwd on 5/23/2022.]
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Filing 14
** TEXT ONLY ORDER ** In the event that later in this lawsuit the defendant(s) 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 12/9/2020. (jef),(ps) [Transferred from wiwd on 5/23/2022.]
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference - Pro Se held on 12/9/2020 [:20] (cak),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 13
ORDER that plaintiff Devon Tyrone Evans' motion for assistance in recruiting counsel, dkt. #10 , and motion to extend the pretrial conference, dkt. #11 , are DENIED. Signed by District Judge Barbara B. Crabb on 12/2/2020. (lam),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 12 Marshal Service Return Executed as to Eric Hansen. (jef),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 11 Motion to Extend the Time for the set telephone pretrial conference set for 12/09/2020 at 1:30 by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 10 Motion for Assistance in Recruiting Counsel by Plaintiff Devon Tyron Evans. (Attachments: #1 Letters from Attorneys) (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 9 ANSWER by Defendant Eric Hansen. (Attachments: #1 Certificate of Service) (Baynard, Jasmyne),(ps) [Transferred from wiwd on 5/23/2022.] |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 12/09/2020 at 01:30 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) Modified on 11/13/2020: Changed date of PPTC to December 9. (nln). [Transferred from wiwd on 5/23/2022.] |
| Filing 8 Summons Issued as to Eric Hansen. Summons forwarded to USMS for service. (Attachments: #1 USM 285 Form) (nln),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 7
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant Eric Hansen. Leave to proceed denied and case dismissed against Donovan J Carlson, Aaron Hoppe, Menomone Falls Police Department, Barry Babler and Lesli S. Boese. Service to be made by USMS. Signed by District Judge Barbara B. Crabb on 10/19/2020. (nln),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 6 Warden PLRA Letter. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Partial Filing fee received : $ 34.47, receipt number 34690037627 (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 5 Notice from the Clerk regarding the Prisoner E-Filing Program (Attachments: #1 Prisoner E-Filing Information Packet) (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
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Filing 4
ORDER on ifp request: Initial partial filing fee of $ 34.47 assessed. Initial partial filing fee due 10/8/2020. Signed by Magistrate Judge Peter A. Oppeneer on 09/17/20. (aom),(ps) [Transferred from wiwd on 5/23/2022.]
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| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Devon Tyron Evans (Attachments: #1 IPP Calculation) (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Devon Tyron Evans. (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
| Filing 1 COMPLAINT against All Defendants., filed by Devon Tyron Evans. (Case randomly assigned to District Judge Barbara B. Crabb.) (Attachments: #1 Certificate as to three or more dismissals) (aom),(ps) [Transferred from wiwd on 5/23/2022.] |
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