Clemence, David et al v. County of Oneida et al
| David Clemence and Medicare |
| Oneida County Sheriff's Office, Timothy Johnson, Michael Baran, County of Oneida and Grady Hartman |
| 3:2020cv00974 |
| October 22, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 8
** TEXT ONLY ORDER **The parties in this case, with the exception of involuntary plaintiff Medicare, have filed what they call a stipulation to dismiss Medicare from the case. Dkt. #7 . But a stipulation under Federal Rule of Civil Procedure 41(a) can be used only to dismiss an entire action; the appropriate vehicle to dismiss individual claims or parties is an amended pleading under Rule 15(a). See Taylor v. Brown, 787 F. 3d 851, 857-58 (7th Cir. 2015). So I will construe the parties' stipulation as a motion to amend plaintiff David Clemence's complaint with defendants' written consent under Rule 15(a)(2). I will GRANT the motion, deem all claims asserted on behalf of Medicare to be struck from the complaint, and dismiss Medicare from the case. Signed by District Judge James D. Peterson on 12/17/2020. (jls)
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Party Medicare (Involuntary Plaintiff) is terminated pursuant to Fed. R. Civ. P. 15(a) without further order of the court. (jls)
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Filing 7
STIPULATION of Dismissal Medicare, only (Levine, Robert)
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Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/8/2021 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jls)
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Filing 6
ANSWER by Defendants Michael Baran, County of Oneida, Grady Hartman, Timothy Johnson, Oneida County Sheriff's Office. (Stephens, Elizabeth)
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Filing 5
Notice of Appearance filed by Lori Marie Lubinsky for Defendants Michael Baran, County of Oneida, Grady Hartman, Timothy Johnson, Oneida County Sheriff's Office. (Lubinsky, Lori)
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Filing 4
Notice of Appearance filed by Elizabeth C. Stephens for Defendants Michael Baran, County of Oneida, Grady Hartman, Timothy Johnson, Oneida County Sheriff's Office. (Stephens, Elizabeth)
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Filing 3
Summons Issued as to Michael Baran, David Clemence, County of Oneida, Grady Hartman, Timothy Johnson, and Oneida County Sheriff's Office. (jls)
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Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jls)
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Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jls)
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Filing 2
Request for Issuance of Summons by Plaintiff David Clemence. (Levine, Robert)
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Filing 1
COMPLAINT against Michael Baran, County of Oneida, Grady Hartman, Timothy Johnson, Oneida County Sheriff's Office. ( Filing fee $ 400 receipt number 0758-2770250.), filed by David Clemence. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons - County of Oneida, #3 Summons - Medicare, #4 Summons - Oneida County Sheriff's Office, Michael Baran, Timothy Johnson & Gary Hartman) (Levine, Robert) Modified on 10/22/2020: Deleted addresses, corrected county. Last summons names Gary Hartman instead of Grady Hartman. Complaint and each summons missing case number. (lak)
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