This case was last updated from PACER on 12/10/2018 at 10:05:15 (UTC).

Smith, James v. Hepp, Randall et al

Case Summary

On 08/13/2018 Smith, James filed a Prisoner - Prison Condition lawsuit against Hepp, Randall. This case was filed in U.S. District Courts, Wisconsin Western District. The Judges overseeing this case are James D. Peterson and Stephen L. Crocker. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:18-CV-00669

  • Filing Date:

    08/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    Wisconsin Western District

Judge Details

Presiding Judge

James D. Peterson

Referral Judge

Stephen L. Crocker

 

Party Details

Plaintiff

James L Smith

Fox Lake, WI 53933-0200

Defendants

John J Maggioncalda

Candace Whitman

Jon E. Litscher

Randall R. Hepp

Mark Schomisch

Attorney/Law Firm Details

Defendant Attorneys

Laure C. Rakvic-Farr

Attorney at Wisconsin Department of Justice

17 W. Main Street, P.O. Box 7857

Madison, WI 53707-7857

Wisconsin Dept of Justice - 1983 Actions

 

Court Documents

1 #1

Exhibits

1 #2

Certification

#1

(#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.] (Entered: 08/23/2017)

#2

(#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.] (Entered: 08/23/2017)

#3

(#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.] (Entered: 08/29/2017)

#4

(#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.] (Entered: 08/23/2017)

#5

(#5) Prisoner Trust Fund Account Statement by James L Smith. (Attachments: #1 Cover Letter)(amb) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 08/24/2017)

#6

(#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.] (Entered: 08/25/2017)

#7

(#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.] (Entered: 08/29/2017)

#27

(#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.] (Entered: 08/08/2018)

#26

(#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.] (Entered: 07/31/2018)

26 #2

Envelope

26 #1

Order WD-WI

27 #1

Certificate of Service

#29

(#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) (Entered: 08/13/2018)

29 #1

*Restricted*

#28

(#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.] (Entered: 08/13/2018)

#25

(#25) LETTER from plaintiff asking questions about his case. (kah) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 07/20/2018)

38 More Documents Available

 

Docket Entries

  • 08/15/2018
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  • (#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) (Entered: 08/15/2018)

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  • 08/13/2018
  • Judge update in case. Case now assigned to District Judge James D. Peterson. (jef),(ps) (Entered: 08/13/2018)

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  • 08/13/2018
  • Disregard. (jef),(ps) Modified on 8/13/2018 (jef). (Entered: 08/13/2018)

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  • 08/13/2018
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  • (#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) (Entered: 08/13/2018)

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  • 08/13/2018
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  • (#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.] (Entered: 08/13/2018)

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  • 08/08/2018
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  • (#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.] (Entered: 08/08/2018)

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  • 07/30/2018
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  • (#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.] (Entered: 07/31/2018)

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  • 07/20/2018
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  • (#25) LETTER from plaintiff asking questions about his case. (kah) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 07/20/2018)

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  • 05/22/2018
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  • (#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.] (Entered: 05/23/2018)

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  • 05/17/2018
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  • (#23) NOTICE Regarding Discovery mailed to plaintiff (kah) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 05/17/2018)

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14 More Docket Entries
  • 09/08/2017
  • 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.] (Entered: 09/08/2017)

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  • 08/30/2017
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  • (#9) LETTER from plaintiff re: prisoner trust account. (amb) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 08/30/2017)

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  • 08/30/2017
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  • (#8) CONSENT to Jurisdiction by US Magistrate Judge by James L Smith. (amb) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 08/30/2017)

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  • 08/29/2017
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  • (#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.] (Entered: 08/29/2017)

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  • 08/25/2017
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  • (#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.] (Entered: 08/25/2017)

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  • 08/23/2017
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  • (#5) Prisoner Trust Fund Account Statement by James L Smith. (Attachments: #1 Cover Letter)(amb) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 08/24/2017)

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  • 08/23/2017
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  • (#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.] (Entered: 08/23/2017)

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  • 08/22/2017
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  • (#3) MOTION to Pay Filing Fee from Release Account by James L Smith. (blr) [Transferred from Wisconsin Eastern on 8/13/2018.] (Entered: 08/23/2017)

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  • 08/22/2017
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  • (#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.] (Entered: 08/23/2017)

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  • 08/22/2017
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  • (#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.] (Entered: 08/23/2017)

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