United States District Court, W.D. Wisconsin
ALLEN P. GALOWSKI, Plaintiff,
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
D. PETERSON District Judge
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.
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.").
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
attach to this order another copy of this court's
procedures for briefing summary judgment motions.
ORDERED that plaintiff Allen P. Galowski may have until
January 11, 2018, to respond to this order as discussed in
the opinion above.
FOR SUMMARY JUDGMENT
procedures explain how to present and oppose motions for
summary judgment. You should follow these procedures and Rule
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.
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
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.
The motion for summary judgment
1. A motion that clearly states the claims or defenses, or
the parts of claims or defenses, for which summary judgment
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
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
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
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
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.
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.
propose multiple facts restating the individual provisions of
the document. Do not propose facts stating your ...