Alvarado v. Burns et al
| Ramon Alvarado, Jr |
| Matthew Burns, Brian Foster, Captain Cynthia Radtke, Jeremy Westra and Jason Rosenthal |
| 2:2022cv01501 |
| December 13, 2022 |
| US District Court for the Eastern District of Wisconsin |
| Nancy Joseph |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on February 9, 2023 DENYING as moot Alvarado's #29 motion to lift stay and withdraw his mediation request. At a scheduling conference in front of Judge William E. Duffin on February 2, 2023, Alvarado indicated he wished with withdraw his motion to life stay and withdraw his mediation request and instead proceed with mediation. (cc: all counsel and mailed to pro se party)(edr) (cc: all counsel and mailed to pro se party)(edr)
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| Filing 30 Minute Entry for Scheduling Conference to set a Mediation Date held on 2/2/2023 before Magistrate Judge William E Duffin. Mediation Conference set for 2/24/2023 09:00 AM in by Video Conference before Magistrate Judge William E Duffin. Zoom link has been sent and accepted by Waupun and defendant's counsel. (Tape #9:03-9:10) (mlm) |
| Filing 29 MOTION to Lift Stay, MOTION to Withdraw Mediation by Ramon Alvarado, Jr. (Attachments: #1 Certificate of Service)(cmb) |
| NOTICE of Hearing: Telephonic Scheduling Conference to schedule a Mediation date set for 2/2/2023 09:00 AM in by Telephone before Magistrate Judge William E Duffin. The parties shall call the courts conference line at 669-254-5252. When prompted, use meeting ID 160 9647 6949# and # again and then enter passcode 943682#. Judge Duffin's deputy clerk will connect Mr. Alvarado to the phone call. (cc: all counsel)(mlm) |
| Filing 28 SETTLEMENT OFFER by Ramon Alvarado. (Attachments: #1 Certificate of Service)(bx) |
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Filing 27
AMENDED ORDER signed by Magistrate Judge Nancy Joseph on 1/6/2023. IT IS HEREBY ORDERED that Case Numbers 21-cv-183, 21-cv-184, 21-cv-186, 22-cv-288, 22-cv-289, 22-cv-290, 22-cv-1204, 22-cv-1357, 22-cv-1358, and 22-cv-1501 shall be REFERRED to mediation. IT IS FURTHER ORDERED that the deadlines in these ten cases are STAYED. Should any or all of the cases not be resolved at mediation, the court will enter amended scheduling orders resetting the deadlines and/or enter any other necessary orders required to get the cases back on track. IT IS FURTHER ORDERED that the defendant's motion for referral to mediation in Case No. 22-1501 (ECF No. #23 ) is GRANTED. (cc: all counsel and mailed to pro se party)(rcm)
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| CASE REFERRED to Magistrate Judge William E Duffin for Mediation (rcm) |
| Filing 26 Minute Entry for Status Conference held before Magistrate Judge Nancy Joseph on 1/5/2023: Parties discussed status of case. Parties agreed to participate in mediation. Court REFERRED all cases to mediation with Magistrate Judge William Duffin. Court DENIED AS MOOT all Motions to Withdraw from Mediation and/or Lift the Stay of Scheduling Order filed by Plaintiff. All deadlines and scheduling orders are STAYED. (Court Reporter Zoom Audio) (rcm) |
| Motion #23 GRANTED, Motion #24 DENIED AS MOOT per #26 .(rcm) |
| ZOOM INFORMATION for Status Conference set for 1/5/2023 at 1:30 pm before Magistrate Judge Nancy Joseph.#Click here to Join ZoomGov MeetingMeeting ID: 161 583 3045 and Password: 289061Dial in: #+1-669-254-5252 or #+1-646-828-7666 (cc: all counsel, institution by phone previously) (edr) |
| NOTICE of Hearing: Status Conference set for 1/5/2023 at 1:30 PM by Zoom Video Conference before Magistrate Judge Nancy Joseph. (cc: all counsel, institution by phone previously)(edr) |
| Filing 25 ANSWER to #7 Amended Complaint with Jury Demand by Matthew Burns, Cynthia Radtke, Jason Rosenthal, Jeremy Westra. (Attachments: #1 Certificate of Service)(Paulson, Rebecca) |
| Filing 24 MOTION to Refuse to Conduct Mediation by Ramon Alvarado, Jr. (Attachments: #1 Certificate of Service)(cmb) |
| Filing 23 MOTION for Referral of Case to Mediation and Stay Deadlines Pending Mediation by Matthew Burns, Cynthia Radtke, Jason Rosenthal, Jeremy Westra. (Attachments: #1 Certificate of Service)(Paulson, Rebecca) |
| Filing 22 Magistrate Judge Jurisdiction Form filed by Matthew Burns, Cynthia Radtke, Jason Rosenthal, Jeremy Westra. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Paulson, Rebecca) |
| Filing 21 Case transferred in from District of Wisconsin Western; Case Number 3:20-cv-00740. Original file certified copy of transfer order and docket sheet received. |
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Filing 20
** TEXT ONLY ORDER **Defendants' motion to transfer this case to the United States District Court for the Eastern District of Wisconsin (dkt. #17 ) is GRANTED. Defendants join plaintiff's request for a transfer of this case and further represent that plaintiff is litigating six other cases in the Eastern District, all of which are stayed pending medication. Since the Eastern District clearly is the more convenient forum for resolution of this case, this case is TRANSFERRED to the Eastern District of Wisconsin under 28 U.S.C. 1404. Signed by District Judge William M. Conley on 12/13/2022. (jef),(ps) [Transferred from wiwd on 12/13/2022.]
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| NOTICE Regarding assignment of this matter to Magistrate Judge Nancy Joseph; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
| Filing 19 Brief in Reply (Captioned as a motion) by Defendants Matthew Burns, Cynthia Radtke, Jason Rosenthal, Jeremy Westra in Support of #17 Motion to Transfer (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) Modified on 12/8/2022: E-mail sent to counsel. (lak) [Transferred from wiwd on 12/13/2022.] |
| Filing 18 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. (lam),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 17 MOTION TO TRANSFER to the Eastern District of Wisconsin by Defendants Matthew Burns, Cynthia Radtke, Jason Rosenthal, Jeremy Westra. (Paulson, Rebecca),(ps) Modified on 11/3/2022. (lak) [Transferred from wiwd on 12/13/2022.] |
| Filing 16 Acceptance of Service by DOJ on behalf of Defendants Matthew Burns, Cynthia Radtke, Jason Rosenthal, Jeremy Westra. (Paulson, Rebecca),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 15 Notice of Appearance filed by Rebecca Ann Paulson for Defendants Matthew Burns, Cynthia Radtke, Jason Rosenthal, Jeremy Westra. (Attachments: #1 Certificate of Service) (Paulson, Rebecca),(ps) [Transferred from wiwd on 12/13/2022.] |
| Set Deadlines as to #17 MOTION TO TRANSFER. Brief in Opposition due 11/28/2022. Brief in Reply due 12/8/2022. (lam),(ps) [Transferred from wiwd on 12/13/2022.] |
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Filing 14
ORDER on Leave to Proceed: Plaintiff granted leave to proceed on First Amendment retaliation claims against defendants Matthew Burns and Cynthia Radtke, and on Fourteenth Amendment due process claims against defendants Jason Rosenthal and Jeremy Westra. Leave to proceed denied on any other claim and case dismissed against all remaining defendants. Materials delivered to DOJ for acceptance of service. Plaintiff's motion to transfer venue #12 is denied without prejudice. Signed by District Judge James D. Peterson on 10/27/22. (jat),(ps) [Transferred from wiwd on 12/13/2022.]
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| Filing 13 SECOND AMENDED COMPLAINT by Plaintiff Ramon Alvarado, Jr.. (Attachments: #1 Cover Letter, #2 Envelope) (aom),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 12 Motion for a Change of Venue by Plaintiff Ramon Alvarado, Jr. (Attachments: #1 Cover Letter, #2 Envelope) (aom),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 11 Letter requesting amended complaint forms by Plaintiffs Ramon Alvarado, Jr. (Attachments: #1 Envelope) (jef),(ps) Forms sent to plaintiff per request. (jef) [Transferred from wiwd on 12/13/2022.] |
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Filing 10
** TEXT ONLY ORDER ** Plaintiff Ramon Alvarado, Jr., has filed a motion to amend his complaint and a proposed amended complaint. (Dkt. # #6 , #7 .) At this stage, Fed. R. Civ. P. 15(a) does not require plaintiff to seek leave of court to amend his complaint, so the motion is GRANTED. The court will construe plaintiff's amended complaint for purposes of screening under 28 U.S.C. 1915(e)(2), 1915A. Plaintiff has also filed a motion in which he asks that the court screen his complaint because he needs an injunction in the form of a transfer to another institution. (Dkt. #8 .) To the extent plaintiff intended his letter to be a motion for a preliminary injunction, that request is DENIED without prejudice because plaintiff has not followed this court's procedures for injunctive relief, which require the party filing the motion to include proposed findings of fact in support of the requested relief, as well as evidence in support of those proposed findings. Plaintiff is free to renew this motion, provided that he follows these procedures (a copy of which will be sent to him along with this order), bearing in mind that to obtain injunctive relief, plaintiff must show (1) a likelihood of success on the merits of his case; (2) a lack of an adequate remedy at law; and (3) an irreparable harm that will result if the injunction is not granted. Lambert v. Buss, 498 F.3d 446, 451 (7th Cir. 2007). Signed by District Judge William M. Conley on 9/29/2021. (kmd),(ps) [Transferred from wiwd on 12/13/2022.]
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| Filing 9 Letter from plaintiff regarding screening of complaints. (aom),(ps) Modified docket text on 2/10/2021 (jef). (Main Document 8 replaced on 2/10/2021) (jef). [Transferred from wiwd on 12/13/2022.] |
| Filing 8 Letter from plaintiff requesting screening orders and to move to another institution. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Ramon Alvarado, Jr. (aom),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 6 Motion to Amend #1 Complaint by Plaintiff Ramon Alvarado, Jr.. (aom),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 5 Warden PLRA Letter. (jef),(ps) [Transferred from wiwd on 12/13/2022.] |
| Partial Filing fee received: $ 0.92, receipt number 34690037465. (jef),(ps) [Transferred from wiwd on 12/13/2022.] |
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Filing 4
ORDER on ifp request: Initial partial filing fee of $ 0.92 assessed. Initial partial filing fee due 8/31/2020. Signed by Magistrate Judge Peter A. Oppeneer on 08/10/20. (aom),(ps) (Main Document 4 replaced on 8/10/2020) (aom). [Transferred from wiwd on 12/13/2022.]
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| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Ramon Alvarado, Jr. (Attachments: #1 IPP Calculation) (aom),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Ramon Alvarado, Jr.. (aom),(ps) [Transferred from wiwd on 12/13/2022.] |
| Filing 1 COMPLAINT against All Defendants., filed by Ramon Alvarado, Jr.. (Case non-randomly assigned to District Judge William M. Conley.) (aom),(ps) [Transferred from wiwd on 12/13/2022.] |
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