Burgess, Edward v. Shima, Ryan et al
| Edward Burgess |
| Brian Benish and Ryan Shima |
| CCI Prison Facility |
| 3:2021cv00401 |
| June 18, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 101
** TEXT ONLY ORDER ** Pro se plaintiff Edward Burgess asks the court for assistance in recruiting counsel for his appeal. Dkt. #100 . He states that the court of appeals has already denied his request for counsel and that he is experiencing significant mental health issues. This court does not have the authority to appoint Burgess counsel for his appellate case, so his request is denied. If Burgess continues to struggle with his mental health, he should reach out to the prison's health services unit. Signed by District Judge James D. Peterson on 3/31/2023. (jef/cc: plaintiff via US mail),(ps)
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Filing 100
Pro se Letter from plaintiff Edward Burgess dated 3/28/23 regarding requesting transcripts. (Attachments: #1 Envelope) (jef),(ps)
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Filing 99
** TEXT ONLY ORDER ** Plaintiff Edward Burgess has submitted a request for transcripts of the trial, as well as "other necessary transcripts such as dockets." Dkt. #98 . There are two problems with Burgess's request. First, Burgess does not identify the other transcripts and documents that he believes are necessary for his appeal, and the court cannot make that determination for him. The only other transcript that the court reporter could prepare would be for the final pretrial conference. If Burgess seeks copies of documents on the docket, he may request copies of those documents from the clerk's office for a fee. Second, Burgess did not submit payment to the court reporter. I could construe his request as including a motion under 28 U.S.C. 753(f), which entitles parties proceeding in forma pauperis to free transcripts under certain circumstances. But Burgess did not proceed in forma pauperis in this court and he is not proceeding in forma pauperis on appeal. See Burgess v. Shima, No. 22-2962, Dkt. #6 (7th Cir. Dec. 30, 2022). If Burgess wishes to receive a trial transcript, he will have to arrange payment with the court reporter. Signed by District Judge James D. Peterson on 3/28/2023. (jef/cc: plaintiff via US mail),(ps)
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Filing 98
Pro se Letter requesting transcripts by Plaintiff Edward Burgess. (jef),(ps)
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USCA Appeal Fees received: $ 505.00, receipt number 358 re #91 Notice of Appeal filed by Edward Burgess. (jef),(ps)
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Filing 97
** TEXT ONLY ORDER ** Pro se plaintiff Edward Burgess's motion for an extension of time, Dkt. #96 , is not properly raised in this court, so the motion is DENIED. The clerk of court is directed to forward the motion to the court of appeals. Signed by Magistrate Judge Stephen L. Crocker on 11/29/2022. (voc),(ps)
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Filing 96
Pro se Motion for Extension of Time by Plaintiff Edward Burgess. (jef),(ps)
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Filing 95
Signed copy of #91 Notice of Appeal filed by Edward Burgess. (Attachments: #1 Envelope) (jef),(ps)
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USCA Case Number 22-2962 for #91 Notice of Appeal filed by Edward Burgess. (voc),(ps)
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Filing 94
Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re: #91 Notice of Appeal (Attachments: #1 District Court Judgment being appealed, #2 Docket Sheet). (lam),(ps)
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Filing 93
Letter from clerk's office returning #91 Notice of Appeal for signature. (lam),(ps)
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Filing 92
Transcript Request Forms by Plaintiff Edward Burgess. (lam),(ps)
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Filing 91
PRO SE NOTICE OF APPEAL (see dkt. #95 for signature) by Plaintiff Edward Burgess as to #90 Judgment. $505 fee or motion for ifp due. No Docketing Statement filed. (lam),(ps) Modified on 11/8/2022 (jef).
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Filing 90
JUDGMENT entered in favor of defendants Brian Benish, Ryan Shima dismissing the case. (JDP/JWT) (voc)
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Filing 89
Court Exhibit (Attachments: #1 Exhibit 1- Jury Note) (voc),(ps)
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Filing 88
Jury Verdict - Verdict returned in favor of Defendants Brian Benish and Ryan Shima. (voc),(ps)
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Filing 87
Deliberation Jury Instructions. (voc),(ps)
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Filing 86
Introductory Jury Instructions. (voc),(ps)
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Filing 85
Statement and Voir Dire (voc),(ps)
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Filing 84
Minute Entry for proceedings held before District Judge James D. Peterson: 2nd Day Jury Trial held on 10/5/2022. Verdict returned in favor of Brian Benish and Ryan Shima. [1:13] (Court Reporter PH.) (voc),(ps)
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Filing 83
Minute Entry for proceedings held before District Judge James D. Peterson: Jury Selection and First Day of Trial held on 10/4/2022. Trial continues. [5:33] (Court Reporter PH/JD.) (voc),(ps)
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Set/Reset Trial Date: 2nd Day Jury Trial set for 10/5/2022 at 09:00 AM (voc),(ps)
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Filing 82
** TEXT ONLY ORDER ** Attached to this order are final versions of the voir dire questions, introductory jury instructions, and verdict form. Semi-final versions of the post-trial jury instructions are also attached. Final decisions on the post-trial instructions will be made at the instruction conference near the end of trial. Signed by District Judge James D. Peterson on 10/3/2022. (Attachments: #1 Introductory Jury Instructions, #2 Post-Trial Jury Instructions, #3 Verdict Form) (voc),(ps)
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Filing 81
Minute Entry for proceedings held before District Judge James D. Peterson: Final Pretrial Conference held on 10/3/2022. [0:43]Attention: In the event of a settlement of this matter over the weekend, counsel are advised to contact the Clerk of Court at #clerkofcourt@wiwd.uscourts.gov (Court Reporter PH.) (voc),(ps)
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Filing 80
Response to Proposed Special Verdict by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 79
Response to Proposed Liability and Damages Jury Instructions by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 78
Brief in Opposition by Plaintiff Edward Burgess re: #54 Motion in Limine filed by Brian Benish, Ryan Shima (Marrese, John),(ps)
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Filing 77
Objection to Rule 26(a)(3) Designations by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 76
Objections to Trial Exhibits by Plaintiff Edward Burgess. (Marrese, John),(ps)
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Filing 75
Objections to #62 Proposed Jury Instructions by Defendants Brian Benish, Ryan Shima (Soldon, Bradley),(ps)
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Filing 74
Objections to #64 Proposed Special Verdict by Defendants Brian Benish, Ryan Shima (Soldon, Bradley),(ps)
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Filing 73
Objections to #63 Proposed Voir Dire by Defendants Brian Benish, Ryan Shima (Soldon, Bradley),(ps)
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Filing 72
Objections to Trial Exhibits by Defendants Brian Benish, Ryan Shima. (Soldon, Bradley),(ps)
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Filing 71
Brief in Opposition by Defendants Brian Benish, Ryan Shima re: #65 Motion in Limine filed by Edward Burgess, #66 Motion in Limine filed by Edward Burgess (Soldon, Bradley),(ps)
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Filing 70
Writ Issued for Edward Burgess appearance on Monday, October 3, 2022. Original writ emailed to Columbia Correctional Institution. Courtesy copy sent to USMS. (jef),(ps)
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Filing 69
Deposition of Scott Bassuener, MD taken on 08/17/2022. (Marrese, John),(ps) Modified on 9/7/2022. (lak)
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Filing 68
Amended Rule 26(a)(3) Pretrial Disclosures by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 67
Disregard. Modified on 9/6/2022. (lak)
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Filing 66
Motion in Limine #7 - Bar Reference to Pleas, Convictions, Sentences by Plaintiff Edward Burgess. (Marrese, John),(ps)
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Filing 65
Motion in Limine #1-6 by Plaintiff Edward Burgess. (Marrese, John),(ps)
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Filing 64
Proposed Special Verdict - Liability and Damages by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 63
Proposed Voir Dire by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 62
Proposed Jury Instructions - Liability and Damages by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 61
Rule 26(a)(3) Pretrial Disclosures by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 60
Witness List by Plaintiff Edward Burgess (Marrese, John),(ps)
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Filing 59
Exhibit List by Plaintiff Edward Burgess. (Marrese, John),(ps)
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Filing 58
Proposed Special Verdict - Liability and Damages by Defendants Brian Benish, Ryan Shima (Soldon, Bradley),(ps)
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Filing 57
Proposed Voir Dire by Defendants Brian Benish, Ryan Shima (Soldon, Bradley),(ps)
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Filing 56
Proposed Jury Instructions - Liability and Damages by Defendants Brian Benish, Ryan Shima (Soldon, Bradley),(ps)
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Filing 55
Witness List by Defendants Brian Benish, Ryan Shima (Soldon, Bradley),(ps)
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Filing 54
Motion in Limine by Defendants Brian Benish, Ryan Shima. (Soldon, Bradley),(ps)
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Filing 53
Exhibit List by Defendants Brian Benish, Ryan Shima. (Soldon, Bradley),(ps)
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Filing 52
Disregard, refiled as dkt. #53 Modified on 9/2/2022 (jat).
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Filing 51
** TEXT ONLY ORDER **To accommodate the court's calendar, the final pretrial conference is rescheduled for October 3, 2022, at 9:00 a.m. Jury selection and trial will begin at 9:00 a.m. October 4. Signed by District Judge James D. Peterson on 8/29/2022. (jef),(ps)
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Filing 50
** TEXT ONLY ORDER **ORDER granting #49 Motion for Writ of Habeas Corpus ad testificandum. Signed by Magistrate Judge Stephen L. Crocker on 8/15/2022. (jef),(ps)
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Filing 49
Unopposed Motion for Writ of Habeas Corpus ad testificandum by Plaintiff Edward Burgess. (Marrese, John),(ps)
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Filing 48
Notice of Attorney Substitution filed by Brandon Flugaur for Defendants Brian Benish, Ryan Shima. Attorney Eliot M. Held terminated. (Flugaur, Brandon),(ps)
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Filing 47
ORDER denying Defendants Shima and Benish's #19 Motion for Summary Judgment. Signed by District Judge James D. Peterson on 7/14/2022. (jef),(ps)
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Filing 46
Expert Witness Disclosures by Defendant Ryan Shima (Soldon, Bradley),(ps)
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Filing 45
Reply in Support of Proposed Findings of Fact filed by Defendants Brian Benish, Ryan Shima re: #19 Motion for Summary Judgment and Response to Plaintiff's Additional Proposed Findings of Material Fact (Held, Eliot),(ps)
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Filing 44
Brief in Reply by Defendants Brian Benish, Ryan Shima in Support of #19 Motion for Summary Judgment (Held, Eliot),(ps)
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Filing 43
Deposition of Kelley Petsche taken on 02.24.2022(Corrected Filing - Condensed Transcript). (Marrese, John),(ps)
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Filing 42
Deposition of Brian Benish taken on 02.23.2022(Corrected Filing - Condensed Transcript). (Marrese, John),(ps)
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Filing 41
Deposition of Ryan Shima taken on 02.22.2022(Corrected Filing - Condensed Transcript). (Marrese, John),(ps)
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Filing 40
Disregard; refiled at dkt. #43 (jef).
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Filing 39
Disregard; refiled at dkt. #42 (jef).
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Filing 38
Disregard; refiled at dkt. #41 . (jef).
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Filing 37
Declaration of Edward Burgess filed by Plaintiff Edward Burgess in Support of Plantiff's Opposition to Defendants' Motion for Summary Judgment re: #19 Motion for Summary Judgment (Marrese, John),(ps)
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Filing 36
Response to Proposed Findings of Fact filed by Plaintiff Edward Burgess re: #19 Motion for Summary Judgment and Plaintiff's Proposed Additional Findings of Material Fact (Attachments: #1 Exhibit 1 - Wheelchair Order) (Marrese, John),(ps)
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Filing 35
Brief in Opposition by Plaintiff Edward Burgess re: #19 Motion for Summary Judgment filed by Brian Benish, Ryan Shima (Marrese, John),(ps)
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Filing 34
** TEXT ONLY ORDER **ORDER granting plaintiff's unopposed #33 Motion for 4-Day Extension of Time. Brief in Opposition due 4/26/2022. Brief in Reply due 5/6/2022. Signed by Magistrate Judge Stephen L. Crocker on 4/21/2022. (jef),(ps)
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Filing 33
Unopposed Motion for Extension of Time for Four Additional Days to File Opposition to Motion for Summary Judgment by Plaintiff Edward Burgess. Motions referred to Magistrate Judge Stephen L. Crocker. (Marrese, John),(ps)
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Filing 32
Notice of Appearance filed by Shivani Bahl for Plaintiff Edward Burgess. (Bahl, Shivani),(ps)
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Filing 31
** TEXT ONLY ORDER ** The parties' stipulated protective order is accepted and entered as the court's order with this edit: in Paragraph A.(1) on page 2, the phrase "the person in good faith believes" is deleted. This makes the definition of confidential material objective, as required by circuit law. No similar edit is required in Paragraph A. (2) because AEO material is a subset of confidential material. Signed by Magistrate Judge Stephen L. Crocker on 2/18/2022. (kmd),(ps)
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Filing 30
Motion for Protective Order by Defendants Brian Benish, Ryan Shima. (Attachments: #1 Stipulated Protective Order) (Soldon, Bradley),(ps)
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Filing 29
** TEXT ONLY ORDER ** The parties' Agreed Motion for Entry of Protective Order (dkt. #28 ) is GRANTED and the parties' proposed order (dkt. 28-1) is accepted and entered as the court's order. Signed by Magistrate Judge Stephen L. Crocker on 2/9/2022. (kmd),(ps)
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Filing 28
Consent Motion for Protective Order Agreed Motion for Entry of Protective Order Pursuant to HIPAA by Plaintiff Edward Burgess. (Attachments: #1 Exhibit 1 - Proposed HIPAA Order) (Marrese, John),(ps)
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Filing 27
** TEXT ONLY ORDER ** ORDER granting #25 Motion for Extension of Time. Plaintiff's Brief in Opposition due 4/22/2022. Defendants' Brief in Reply due 5/2/2022. Signed by Magistrate Judge Stephen L. Crocker on 1/24/2022. (kmd),(ps)
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Filing 26
Declaration of John Marrese filed by Plaintiff Edward Burgess in Support of Rule 56(d) Response to Defendants' Motion for Summary Judgment re: #19 Motion for Summary Judgment (Marrese, John),(ps)
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Filing 25
Motion for Extension of Time filed by Plaintiff Edward Burgess to File Brief in Opposition re: #19 Motion for Summary Judgment filed by Brian Benish, and Ryan Shima Unopposed Plaintiff's Rule 56(d) Response to Defendants' Motion for Summary Judgment (Marrese, John),(ps) Modified on 1/24/2022, to reflect that the entry is a motion for extension of time, not an unopposed brief in opposition. (kmd)
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Filing 24
** TEXT ONLY ORDER ** It appears that after Judge Peterson entered his leave-to-proceed order (dkt. #16 ), the court's docketing computer automatically--and erroneously--set a telephonic preliminary pretrial conference for January 19, 2022. We already held that hearing (see dkt. #15 ) and the existing dates remain viable. Therefore, the January 19, 2022 telephonic preliminary pretrial conference is CANCELED as unnecessary. Signed by Magistrate Judge Stephen L. Crocker on 1/19/2022. (kmd),(ps)
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Filing 23
Declaration of Ryan Shima filed by Defendants Brian Benish, Ryan Shima re: #19 Motion for Summary Judgment (Attachments: #1 Exhibit 1002 - Incident Report 435081) (Held, Eliot),(ps)
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Filing 22
Declaration of Kelley Petsche filed by Defendants Brian Benish, Ryan Shima re: #19 Motion for Summary Judgment (Attachments: #1 Exhibit 1001 - Incident Report 435065) (Held, Eliot),(ps)
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Filing 21
Proposed Findings of Fact filed by Defendants Brian Benish, Ryan Shima re: #19 Motion for Summary Judgment (Held, Eliot),(ps)
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Filing 20
Brief in Support of #19 Motion for Summary Judgment by Defendants Brian Benish, Ryan Shima (Held, Eliot),(ps)
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Filing 19
MOTION FOR SUMMARY JUDGMENT by Defendants Brian Benish, Ryan Shima. Brief in Opposition due 1/24/2022. Brief in Reply due 2/3/2022. (Held, Eliot),(ps)
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Filing 18
ANSWER with Jury Demand by Defendants Brian Benish, Ryan Shima. (Held, Eliot),(ps)
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Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/19/2022 at 1:30 p.m. before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (kmd),(ps)
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Filing 17
Acceptance of Service by DOJ on behalf of Defendants Brian Benish, Ryan Shima. (Held, Eliot),(ps)
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Filing 16
ORDER that Plaintiff Edward Burgess is GRANTED leave to proceed on Eighth Amendment deliberate indifference claims against defendants Ryan Shima and Brian Benish. Defendants' motion to dismiss Burgess's state-law negligence claims, Dkt. #7 , is GRANTED. Signed by District Judge James D. Peterson on 12/7/2021. (kmd),(ps)
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Filing 15
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Amendments to Pleadings due 11/1/2021. Dispositive Motions due 4/4/2022. Settlement Letters due 8/19/2022. Rule 26(a)(3) Disclosures and all motions in limine due 9/2/2022. Responses due 9/16/2022. Final Pretrial Conference set for 9/28/2022 at 4:00 p.m. Trial set for 10/3/2022 at 9:00 a.m. Signed by Magistrate Judge Stephen L. Crocker on 9/7/2021. (kmd),(ps)
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Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 8/31/2021 [:10] (cak),(ps)
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Filing 14
Amended Preliminary Pretrial Conference Report by Plaintiff Edward Burgess (Marrese, John)
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Filing 13
Joint Preliminary Pretrial Conference Report by Plaintiff Edward Burgess (Marrese, John)
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Filing 12
Brief in Reply by Defendants Brian Benish, Ryan Shima in Support of #7 Motion to Dismiss (Held, Eliot)
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Filing 11
Declaration of John Marrese filed by Plaintiff Edward Burgess in Support of Plaintiff's Opposition re: #7 Motion to Dismiss, (Attachments: #1 Exhibit 1 - Burgess Notice of Claim, #2 Exhibit 2 - Proof of Delivery and Signature) (Marrese, John) Modified on 8/18/2021. (lak)
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Filing 10
Brief in Opposition by Plaintiff Edward Burgess re: #7 Motion to Dismiss filed by Brian Benish, Ryan Shima (Marrese, John)
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Filing 9
Notice of Appearance filed by Bradley Patrick Soldon for Defendants Brian Benish, Ryan Shima. (Soldon, Bradley)
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Set Telephone Pretrial : Telephone Pretrial Conference set for 8/31/2021 at 02:00 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] (voc)
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Filing 8
Declaration of Dawn M. Clark filed by Defendants Brian Benish, Ryan Shima re: #7 Motion to Dismiss (Attachments: #1 Exhibit 1000 - Notice of Claim) (Held, Eliot)
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Filing 7
MOTION TO DISMISS in Part by Defendants Brian Benish, Ryan Shima. Brief in Opposition due 8/18/2021. Brief in Reply due 8/30/2021. (Held, Eliot)
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Filing 6
Notice of Appearance filed by Eliot M. Held for Defendants Brian Benish, Ryan Shima. (Held, Eliot)
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Filing 5
Request for Waiver of Service sent to Brian Benish on 6/28/2021 by Plaintiff Edward Burgess. Waiver of Service due 8/27/2021. (Marrese, John)
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Filing 4
Request for Waiver of Service sent to Ryan Shima on 6/28/2021 by Plaintiff Edward Burgess. Waiver of Service due 8/27/2021. (Marrese, John)
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Action Requested: Counsel for plaintiff requested to promptly file proof of service for all defendants. (voc)
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Filing 3
Notice of Appearance filed by Michael F. Hart for Plaintiff Edward Burgess. (Hart, Michael)
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Case non-randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Related to 16-cv-846-jdp and 18-cv-527-jdp. (voc)
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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. (voc)
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Filing 2
Notice of Appearance filed by John Shannon Marrese for Plaintiff Edward Burgess. (Marrese, John)
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Filing 1
COMPLAINT against Brian Benish, Ryan Shima. ( Filing fee $ 402 receipt number 0758-2892491.), filed by Edward Burgess. (Attachments: #1 JS-44 Civil Cover Sheet) (Marrese, John)
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