Smith, James v. Hepp, Randall et al
Plaintiff: James L Smith
Defendant: John J Maggioncalda, Candace Whitman, Jon E. Litscher, Randall R. Hepp and Mark Schomisch
Case Number: 3:2018cv00669
Filed: August 13, 2018
Court: US District Court for the Western District of Wisconsin
Office: Madison Office
County: Out of State
Presiding Judge: Stephen L Crocker
Referring Judge: James D Peterson
Nature of Suit: Prisoner (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2018 Opinion or Order Filing 30 ** TEXT ONLY ORDER **The parties' motions to stay the schedule, Dkt. #26 and #27 , are GRANTED. A new schedule will be set after the court consults with counsel representing prisoners in similar Fox Lake water cases about potential representation of plaintiff. Signed by Magistrate Judge Stephen L. Crocker on 8/15/2018. (nln),(ps)
August 13, 2018 Opinion or Order Filing 29 Case transferred in from District of Wisconsin Eastern; Case Number 2:17-cv-01148. Original file certified copy of transfer order and docket sheet received. (lak)
August 13, 2018 Opinion or Order Filing 28 ORDER signed by Magistrate Judge David E Jones on 08/13/2018 GRANTING #26 Motion to Transfer Case to Western District of Wisconsin. (cc: all counsel, via US Mail to plaintiff) (amb) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 13, 2018 Opinion or Order Disregard. (jef),(ps) Modified on 8/13/2018 (jef).
August 13, 2018 Opinion or Order Judge update in case. Case now assigned to District Judge James D. Peterson. (jef),(ps)
August 8, 2018 Opinion or Order Filing 27 MOTION for Extension of Time for Discovery and Summary Judgment Deadlines by Randall R Hepp, Jon E Litscher, John J Maggioncalda, Mark Schomisch, Candace Whitman. (Attachments: #1 Certificate of Service)(Rakvic-Farr, Laure) [Transferred from Wisconsin Eastern on 8/13/2018.]
July 30, 2018 Opinion or Order Filing 26 MOTION to Change Venue, MOTION to Stay Scheduling Order by James L Smith. (Attachments: #1 Order WD-WI, #2 Envelope)(kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
July 20, 2018 Opinion or Order Filing 25 LETTER from plaintiff asking questions about his case. (kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
May 22, 2018 Opinion or Order Filing 24 ORDER signed by Magistrate Judge David E Jones on 5/22/18 that Mr. Smith's request for reconsideration of appointment of counsel #20 is DENIED. (cc: all counsel - via US Mail to Plaintiff)(kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
May 17, 2018 Opinion or Order Filing 23 NOTICE Regarding Discovery mailed to plaintiff (kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
May 17, 2018 Opinion or Order Filing 22 LETTER from plaintiff regarding his case. (Attachments: #1 Envelope)(kah) (Additional attachment(s) added on 5/22/2018: #2 Exhibit - Defendant's Request for Prod. of Docs.) (mlm). [Transferred from Wisconsin Eastern on 8/13/2018.]
May 17, 2018 Opinion or Order Filing 21 DISREGARD ENTRY - REFILED AS ATTACHMENT TO #22 First REQUEST for Production of Documents by James L Smith(kah) Modified on 5/22/2018 (mlm). [Transferred from Wisconsin Eastern on 8/13/2018.]
May 10, 2018 Opinion or Order Filing 20 LETTER from plaintiff regarding case. (Attachments: #1 Envelope)(kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
May 2, 2018 Opinion or Order Filing 19 LETTER from plaintiff regarding inability to receive legal loans. (kmm) [Transferred from Wisconsin Eastern on 8/13/2018.]
May 2, 2018 Opinion or Order Filing 18 ORDER signed by Magistrate Judge David E Jones on 5/2/18 DENYING WITHOUT PREJUDICE #16 Motion to Appoint Counsel OR Motion to Appoint a Water Expert. (cc: all counsel - via US Mail to Plaintiff w/Pro Se Guide) (kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
April 11, 2018 Opinion or Order Filing 17 SCHEDULING ORDER: signed by Magistrate Judge David E Jones on 4/11/18. Discovery due by 8/13/2018. Dispositive Motions due by 9/14/2018. (cc: all counsel - via US Mail to Plaintiff w/Prisoner and Pro Se Guides)(kah) Modified on 4/11/2018 (kah). [Transferred from Wisconsin Eastern on 8/13/2018.]
April 10, 2018 Opinion or Order Filing 16 MOTION to Appoint William F Sutton as Counsel or in the alternative MOTION to Appoint a Water Expert and a Medical Expert by James L Smith. (Attachments: #1 3 Attorney Letters)(lz) [Transferred from Wisconsin Eastern on 8/13/2018.]
March 23, 2018 Opinion or Order Filing 15 ANSWER to Prisoner Complaint with Jury Demand by Randall R Hepp, Jon E Litscher, John J Maggioncalda, Mark Schomisch, Candace Whitman. (Attachments: #1 Certificate of Service)(Rakvic-Farr, Laure) [Transferred from Wisconsin Eastern on 8/13/2018.]
February 23, 2018 Opinion or Order Consent to Magistrate Judge Jurisdiction (kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
February 22, 2018 Opinion or Order Filing 14 Consent to Jurisdiction by US Magistrate Judge by Randall R Hepp, Jon E Litscher, John J Maggioncalda, Mark Schomisch, Candace Whitman. (Rakvic-Farr, Laure) [Transferred from Wisconsin Eastern on 8/13/2018.]
February 22, 2018 Opinion or Order Filing 13 ACCEPTANCE OF SERVICE BY DOJ as to Randall R Hepp, Jon E Litscher, John J Maggioncalda, Mark Schomisch, Candace Whitman (Rakvic-Farr, Laure) [Transferred from Wisconsin Eastern on 8/13/2018.]
February 22, 2018 Opinion or Order Filing 12 NOTICE of Appearance by Laure C Rakvic-Farr on behalf of Randall R Hepp, Jon E Litscher, John J Maggioncalda, Mark Schomisch, Candace Whitman. Attorney(s) appearing: Laure Rakvic-Farr and Brandon T. Flugaur (Attachments: #1 Certificate of Service)(Rakvic-Farr, Laure) [Transferred from Wisconsin Eastern on 8/13/2018.]
February 1, 2018 Opinion or Order Filing 11 REQUEST by James L Smith for copy of complaint (copies mailed that were originally provided). (kah) Modified on 2/1/2018 (kah). [Transferred from Wisconsin Eastern on 8/13/2018.]
January 24, 2018 Opinion or Order Filing 10 ORDER signed by Magistrate Judge David E Jones on 1/24/18 GRANTING #2 Motion for Leave to Proceed Without Prepayment of the Filing Fee. Pursuant to an informal service agreement between the Wisconsin Department of Justice and this Court, copies of Mr. Smiths complaint and this order are being electronically sent today to the Wisconsin Department of Justice for service on the state defendants. The defendants shall file a responsive pleading to the complaint within sixty days of receiving electronic notice of this order. (cc: all counsel - via US Mail to Plaintiff and Warden, FLCI) (kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
September 8, 2017 Opinion or Order INITIAL PARTIAL FILING FEE Received: $44.08, receipt number MK4689-067663; the payment of all future filing fees will be maintained by the financial department. (lls) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 30, 2017 Opinion or Order Filing 9 LETTER from plaintiff re: prisoner trust account. (amb) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 30, 2017 Opinion or Order Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by James L Smith. (amb) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 29, 2017 Opinion or Order Filing 7 ORDER signed by Magistrate Judge David E Jones on 8/29/17 GRANTING IN PART #3 Motion to Pay Filing Fee From Release Account. The court further ORDERS that the agency having custody of Mr. Smith shall withdraw $44.08 from Mr. Smiths release account and forward that sum to the clerk of court as payment for the initial partial filing fee in this action by 9/29/17. (cc: all counsel - via US Mail to Plaintiff and Warden, FLCI) (kah) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 25, 2017 Opinion or Order Filing 6 ORDER that on or before 09/15/2017 plaintiff shall forward to the Clerk of Court the sum of $44.08 as an initial partial filing fee in this action. Signed by Magistrate Judge David E Jones on 08/25/2017. (cc: all counsel, via US Mail to plaintiff and warden)(amb) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 23, 2017 Opinion or Order Filing 5 Prisoner Trust Fund Account Statement by James L Smith. (Attachments: #1 Cover Letter)(amb) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 23, 2017 Opinion or Order Filing 4 LETTER from the clerk to Plaintiff re Consent/Refusal to Magistrate Judge David E. Jones and requesting that the consent/refusal form be filed within 21 days. Also requesting a six month certified copy of his trust account statement. (blr) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 22, 2017 Opinion or Order Filing 3 MOTION to Pay Filing Fee from Release Account by James L Smith. (blr) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 22, 2017 Opinion or Order Filing 2 MOTION for Leave to Proceed Without Prepayment of the Filing Fee by James L Smith. (blr) [Transferred from Wisconsin Eastern on 8/13/2018.]
August 22, 2017 Opinion or Order Filing 1 PRISONER COMPLAINT with Jury Demand filed against All Defendants by James L Smith. (Attachments: #1 Exhibits, #2 Certification)(blr) [Transferred from Wisconsin Eastern on 8/13/2018.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System

Search for this case: Smith, James v. Hepp, Randall et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John J Maggioncalda
Represented By: Laure C. Rakvic-Farr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Candace Whitman
Represented By: Laure C. Rakvic-Farr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jon E. Litscher
Represented By: Laure C. Rakvic-Farr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Randall R. Hepp
Represented By: Laure C. Rakvic-Farr
Represented By: Wisconsin Dept of Justice - 1983 Actions
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mark Schomisch
Represented By: Laure C. Rakvic-Farr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: James L Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?