Konitzer v. Kuber et al
| Scott Konitzer aka Donna Dawn Konitzer, Donna Dawn Konitzer and Scott Konitzer |
| Dept. of Corrections Medical Director, Dept. of Corrections Nursing Director, Dept. of Corrections Pharmacy Director, Prapti P Kuber, MD, Amy Epping, Jennifer R. Rosenbaum, Barbara Bergstrom, Jane Doe, Kristin Vasquez and Jennifer R Rosenbaum |
| 2:2023cv01500 |
| November 9, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Stephen C Dries |
| J P Stadtmueller |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on January 2, 2024. A more recent docket listing may be available from PACER.
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Filing 37
SCHEDULING ORDER: signed by Magistrate Judge Stephen C Dries on 1/2/2024. Discovery due by 6/4/2024, dispositive motions re: exhaustion grounds due by 3/4/2024, Dispositive Motions due by 7/2/2024. (cc: all counsel and mailed to pro se party)(amb)
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Filing 36
ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 12/5/2023. IT IS HEREBY ORDERED that pursuant to 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73(a), and General Local Rule 73, this action be and the same is herewith transferred to United States Magistrate Judge Stephen C. Dries for all further proceedings. (cc: all counsel and mailed to pro se party)(rcm)
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| Filing 35 Magistrate Judge Jurisdiction Form filed by Scott Konitzer. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (rcm) |
| Filing 34 LETTER from Scott Konitzer re transfer of venue. (bx) |
| Filing 33 Magistrate Judge Jurisdiction Form filed by Barbara Bergstrom, Amy Epping, Prapti P Kuber, MD. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Attachments: #1 Certificate of Service)(Soldon, Bradley) |
| Filing 32 LETTER from the clerk to plaintiff Scott Konitzer re Consent/Refusal to Magistrate Judge Dries and requesting that the consent/refusal form be filed within 21 days. (jcl) |
| Filing 31 Case transferred in from District of Wisconsin Western; Case Number 3:23-cv-00019. Original file certified copy of transfer order and docket sheet received. |
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Filing 30
ORDER granting the state defendants' #19 motion to dismiss or transfer venue. This case is TRANSFERRED to the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 11/9/2023. (lam),(ps) [Transferred from wiwd on 11/9/2023.]
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| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
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Filing 29
** TEXT ONLY ORDER **Defendants move to stay the deadline for their motion for summary judgment on exhaustion grounds pending the court's ruling on their motion to transfer venue. (Dkt. #28 .) The motion is GRANTED in part. The deadline for their motion for summary judgment on exhaustion grounds is extended to December 18, 2023, and all other deadlines remain in place for now. Signed by District Judge William M. Conley on 11/2/2023. (jls),(ps) [Transferred from wiwd on 11/9/2023.]
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| Filing 28 Motion to Stay the Motion for Summary Judgment on Exhaustion Grounds Deadline pending the Resolution of Defendants' Motion to Transfer Venue by Defendants Barbara Bergstrom, Amy Epping, Prapti P. Kuber. (Attachments: #1 Certificate of Service) (Soldon, Bradley),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 27 Brief in Reply by Defendants Barbara Bergstrom, Amy Epping, Prapti P. Kuber in Support of #19 Motion to Dismiss (Attachments: #1 Certificate of Service) (Soldon, Bradley),(ps) [Transferred from wiwd on 11/9/2023.] |
| Reset Deadlines as to #19 MOTION TO DISMISS or Transfer Venue. Brief in Reply due 10/11/2023. (lam),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 26 Declaration of Donna Dawn Konitzer filed by Plaintiff Scott Konitzer aka Donna Dawn Konitzer re: #19 Motion to Dismiss or Transfer Venue. (jls),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 25 Brief in Opposition by Plaintiff Scott Konitzer aka Donna Dawn Konitzer re: #19 Motion to Dismiss or Transfer Venue filed by Prapti P. Kuber, Barbara Bergstrom, Amy Epping. (jls),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 24
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions for Failure to Exhaust Administrative Remedies due 11/3/2023. Dispositive Motions due 6/28/2024. Submissions for Final Pretrial Conference due 12/6/2024. Responses due 12/20/2024. Telephone Final Pretrial Conference set for 1/3/2025 at 10:00 AM. Jury Selection and Trial set for 1/13/2025 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 9/26/2023. (acd),(ps) [Transferred from wiwd on 11/9/2023.]
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference - Pro Se held on 9/22/2023 [:10] (mfh),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 23
** TEXT ONLY ORDER ** In light of the clerk's entry of default against defendant Jennifer R. Rosenbaum, plaintiff may move for default judgment against this defendant under Federal Rule of Civil Procedure 55(b) by October 5, 2023. Plaintiff should include proof of the damages she seeks from this defendant. The court will allow Rosenbaum 21 days to respond to plaintiff's motion for default judgment once it is filed. The clerk of court is directed to mail a copy of this order to Rosenbaum at Staff One Ltd., 10817 W. Lincoln Ave., Milwaukee, WI 53027. Signed by Magistrate Judge Stephen L. Crocker on 9/14/2023. (jls),(ps) [Transferred from wiwd on 11/9/2023.]
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| Filing 22 Clerk's Entry of Default as to Defendant Jennifer R. Rosenbaum. (jls),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 21
** TEXT ONLY ORDER ** Plaintiff has asked the court to enter default against defendant Jennifer Rosenbaum, who executed a waiver of service on June 21, 2023, but has failed to answer or otherwise respond by the August 21, 2023, deadline. (Dkt. #17 .) This request is GRANTED. The clerk of court is directed to enter default against Rosenbaum and mail copies of this order and the default to Rosenbaum at Staff One Ltd., 10817 W. Lincoln Ave., Milwaukee, WI 53027. Signed by District Judge William M. Conley on 9/8/2023. (jls),(ps) [Transferred from wiwd on 11/9/2023.]
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| Filing 20 Declaration of Bradley P. Soldon filed by Defendants Barbara Bergstrom, Amy Epping, Prapti P. Kuber re: #19 Motion to Dismiss (Soldon, Bradley),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 19 MOTION TO DISMISS or Transfer Venue by Defendants Barbara Bergstrom, Amy Epping, Prapti P. Kuber. (Attachments: #1 Certificate of Service) (Soldon, Bradley),(ps) [Transferred from wiwd on 11/9/2023.] |
| Set Deadlines as to #19 MOTION TO DISMISS or Transfer Venue. Brief in Opposition due 9/29/2023. Brief in Reply due 10/6/2023. (lam),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 18 Declaration of Donna Dawn Konitzer filed by Plaintiff Scott Konitzer aka Donna Dawn Konitzer re: #17 Motion for Entry of Default. (lam) [Transferred from wiwd on 11/9/2023.] |
| Filing 17 Request for Entry of Default as to Jennifer R. Rosenbaum by Defendant Scott Konitzer aka Donna Dawn Konitzer. (Attachments: #1 Envelope). (lam),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 16
** TEXT ONLY ORDER ** Defendant Jennifer Rosenbaum executed a waiver of service on June 21, 2023. (Dkt. #12 .) However, she did not file and serve an answer or a motion under Rule 12 by her August 21, 2023, deadline. Plaintiff may seek entry of default against this defendant from the clerk of court by September 7, 2023, under Federal Rule of Civil Procedure 55(a). Signed by District Judge William M. Conley on 8/23/2023. (jls),(ps) [Transferred from wiwd on 11/9/2023.]
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| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 9/22/2023 at 02:30 PM 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] (lam),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 15
** TEXT ONLY ORDER **Plaintiff Donna Dawn Konitzer has filed a motion for more definite answer. Dkt. #14 . Plaintiff objects to defendants' general denial of paragraphs 10-55 of the complaint. Defendants contend that they didn't have a signed medical authorization form from Konitzer when they filed their answer which is an adequate basis for a general denial of her allegations of inadequate medical care. Cf. Fed. R. Civ. P. 8(b)(3)-(5). Konitzer also suggests that defendants' affirmative defense based on failure to exhaust administrative remedies is meritless, but that is a matter to be addressed on the merits if defendants move for summary judgment on the issue. Konitzer's motion is DENIED without prejudice. Signed by District Judge James D. Peterson on 8/17/2023. (lam),(ps) [Transferred from wiwd on 11/9/2023.]
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| Filing 14 Motion for Order Requiring Defendants to Provide a More Definite Answer re #13 Answer by Plaintiff Scott Konitzer aka Donna Dawn Konitzer. (Attachments: #1 Cover Letter, #2 Envelope) (acd),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 13 ANSWER with Jury Demand by Defendants Barbara Bergstrom, Amy Epping, Prapti P. Kuber. (Attachments: #1 Certificate of Service) (Soldon, Bradley),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 12 U.S. Marshals Service / Waiver of Service Returned Executed by Defendant Jennifer R. Rosenbaum. Jennifer R. Rosenbaum waiver sent on 6/21/2023, answer due 8/21/2023. (jef),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 11 Summons Issued as to Jennifer R. Rosenbaum. Summons forwarded to USMS for service. (Attachments: #1 USM-285 form) (nln),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 10
ORDER Directing USMS to Serve Complaint on Jennifer R. Rosenbaum. Signed by Magistrate Judge Andrew R. Wiseman on 6/20/2023. (nln),(ps) [Transferred from wiwd on 11/9/2023.]
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| Filing 9 Acceptance of Service by DOJ on behalf of Defendants Barbara Bergstrom, Amy Epping, Prapti P. Kuber. Service not accepted on behalf of Jennifer Rosenbaum. (Soldon, Bradley),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 8 Notice of Appearance filed by Bradley Patrick Soldon for Defendants Barbara Bergstrom, Amy Epping, Prapti P. Kuber. (Attachments: #1 Certificate of Service) (Soldon, Bradley),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 7
ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants Prapti P. Kuber, Amy Epping, Jennifer R. Rosenbaum, Barbara Bergstrom, and Jane Doe. Leave to proceed denied and case dismissed against Dept. of Corrections Pharmacy Director, Kristin Vasquez (RN), Dept. of Corrections Medical Director and Dept. of Corrections Nursing Director. Materials delivered to DOJ for acceptance of service. Signed by District Judge James D. Peterson on 5/23/2023. (nln),(ps) [Transferred from wiwd on 11/9/2023.]
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| Filing 6 Letter from clerk's office in response to the dkt. #1 cover letter from plaintiff. (jef),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 5 Letter from plaintiff enclosing $350 check, regarding correspondence, and request for local rules and a pro se packet. (Attachments: #1 Envelope) (jef),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing fee received: $ 350, receipt number 458. (jef),(ps) [Transferred from wiwd on 11/9/2023.] |
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Filing 4
ORDER on ifp request: Initial partial filing fee of $ 156.05 assessed. Initial partial filing fee due 1/30/2023. Signed by Magistrate Judge Stephen L. Crocker on 1/9/2023. (jef),(ps) [Transferred from wiwd on 11/9/2023.]
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| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Scott Konitzer. (Attachments: #1 Cover Letter, #2 Envelope) (jef),(ps) (Additional attachment(s) added on 1/9/2023: #3 IPP Calculation) (jef). [Transferred from wiwd on 11/9/2023.] |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Scott Konitzer. (Attachments: #1 Statement) (jef),(ps) [Transferred from wiwd on 11/9/2023.] |
| Filing 1 COMPLAINT against All Defendants, filed by Scott Konitzer. (Case randomly assigned to District Judge William M. Conley.) (Attachments: #1 Cover Letter, #2 Envelope) (jef),(ps) [Transferred from wiwd on 11/9/2023.] |
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