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Galowski v. Shaefer

United States District Court, W.D. Wisconsin

December 28, 2017

ALLEN P. GALOWSKI, Plaintiff,
v.
MICHAEL SHAEFER, SETH WISKOW, DENNY WOODWARD, CHENG LAO, GJIN LOR, GER LOR, KIA, DEVIN LITZA, RENE SULLIVAN, JOHN ELLENBECKER, JESSICA HINZ, DAVID LINKE, JEANNE KOHLBECK, and ANGELA M. GERMAN, Defendants. Deadline for dispositive motions Deadline for response Deadline for reply Deadline for dispositive motions Deadline for response Deadline for reply

          ORDER

          JAMES D. PETERSON District Judge

         Pro se plaintiff Allen P. Galowski is proceeding on claims that defendants, staff at the Marathon County Jail, failed to properly treat his various serious medical needs when he was incarcerated there. Two groups of defendants move for summary judgment. Dkt. 67 and Dkt. 74.

         Galowski has not responded to defendants' motions. This calls into question whether Galowski wants to continue with the lawsuit. The court has already warned Galowski that his failure to participate in litigation could result in dismissal of his case. See Dkt. 62, at 5 ("If Galowski does not sit for his deposition or participate in the IME, then it is likely that the court will impose sanctions, which could include dismissing his lawsuit entirely."). Galowski's failure to submit proposed findings of fact opposing defendants' motions also means that, under this court's summary judgment procedures, I should consider defendants' proposed findings undisputed. See Dkt. 30, at 4, 8 ("If a party fails to respond to a fact proposed by the opposing party, the court will accept the opposing party's proposed fact as undisputed.").

         Before I dismiss the case with prejudice for Galowski's failure to prosecute it or consider defendants' proposed findings of fact undisputed for Galowski's failure to comply with court rules, I will give Galowski a short time to explain whether he still wishes to prosecute this lawsuit. If he does, he will have the same deadline to (1) show cause why he was not able to submit a timely response to defendants' summary judgment motion; and (2) submit a brief, proposed findings of fact, and supporting evidence opposing defendants' motions.

         I will attach to this order another copy of this court's procedures for briefing summary judgment motions.

         ORDER

         IT IS ORDERED that plaintiff Allen P. Galowski may have until January 11, 2018, to respond to this order as discussed in the opinion above.

         MOTIONS FOR SUMMARY JUDGMENT

         These procedures explain how to present and oppose motions for summary judgment. You should follow these procedures and Rule 56 carefully.

         These procedures require careful preparation of statements of proposed findings of fact. The purpose of these statements of proposed findings of fact is to clearly identify the essential facts material to the motion for summary judgment, and to help the court determine if those facts are genuinely disputed. A dispute of fact is genuine if both sides have evidentiary support for their positions. Accordingly, these procedures are also designed to help the court see the evidentiary support for the proposed facts. The court will not search the record for facts or evidence.

         The fact documents are most useful if thie proposed facts, and especially the responses and replies to those facts, are succinctly stated. The fact documents should not be inflated with lengthy argument. If the responses to fairly proposed facts, or the replies to fairly disputed facts, are inappropriately argumentative, then the court may strike the offending response, or in extreme cases, an offending pleading.

         Because the material facts must be proposed in a statement of proposed facts, it is not necessary to repeat all those facts in the briefs. However, the court will find it helpful to have the background facts concisely stated in an introductory section of the brief.

         I. The motion for summary judgment

         A. Contents:

1. A motion that clearly states the claims or defenses, or the parts of claims or defenses, for which summary judgment is sought.
2. A statement of proposed findings of fact that includes all facts needed to sustain the motion.
3. Evidentiary materials that support the proposed facts (seel.C).
4. A supporting brief. Your brief is the place to make your legal argument, not the place to introduce facts into the record. However, you may find it helpful to include a concise overview of the background facts of the dispute. When you finish the brief, you should confirm that all the dispositive facts that you rely on are stated in the proposed findings of fact document.

         B. Proposed findings of fact:

1. The purpose of the statement of proposed findings of fact is to clearly identify the material facts and to allow the court to determine whether those facts are genuinely in dispute.
2. The statement of proposed findings of fact must include all facts necessary to sustain the motion for summary judgment, including facts relating to jurisdiction and die identity of the parties.
3. A party must propose each fact in a separate, numbered paragraph, limited as nearly as practical to a single factual proposition.

         4. Each factual proposition must be followed by a reference to evidence supporting the proposed fact. The citation must identify where in the record the evidence is located. If a party cites an affidavit of a witness who has submitted multiple affidavits or the deposition of a witness who has been deposed multiple times, then the citation must include the date that the document was created. Where possible, include the docket number. For example:

1. Plaintiff Smith bought six Holstein calves on July 11, 2006. Harold Smith Affidavit, Jan. 6, 2007, p.l, ¶ 3.

         5. Documents at issue in the case (e.g., patents, contracts, insurance policies, etc.) should be placed into the summary judgment record with a single proposed fact. For example:

1. The contract between Smith and Jones is attached as Exhibit 1 to the Smith Affidavit.

         Do not propose multiple facts restating the individual provisions of the document. Do not propose facts stating your ...


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