Little v. Thompson

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

ANTUAN LITTLE,

Plaintiff,

v. Case No. 21-cv-1188-bhl

ANGELA THOMPSON, et al.,

Defendants.

ORDER

Antuan Little, who is representing himself, filed a complaint under 42 U.S.C. §1983, alleging that Defendants violated the Eighth Amendment and Wisconsin state law. Dkt. No. 8. Discovery closed on August 17, 2022; and dispositive motions were due September 16, 2022. Dkt. No. 13. On September 16, 2022, Defendants filed two motions for summary judgment. Dkt. Nos. 22 & 29. Little timely responded to both motions. See Dkt. Nos. 35 & 37. But he also filed his own untimely motion for summary judgment on October 14, 2022. See Dkt. No. 36. Defendants Borgen, Schroeder, and Thompson then filed a motion to strike Little’s untimely motion for summary judgment; and Defendant Wilkey filed a motion to join the motion to strike. Dkt. Nos. 38 & 40. The Court has the authority to set, and the discretion to enforce, its own deadlines. See Raymond v. Ameritech Corp., 442 F.3d 600, 605 (7th Cir. 2006) (“Rule 6(b)…clearly gives courts both the authority to establish deadlines and the discretion to enforce them.”). Little’s summary judgment motion is untimely under the Court’s scheduling order and fails to comply with Civil Local Rule 56(b)(1)(A)-(D). See Phoneprasith v. Greff, No. 21-3069, 2022 WL 1819043, at *2 (7th Cir. June 3, 2022) (quoting McCurry v. Kenco Logistics Servs., LLC, 942 F.3d 783, 787 n.2 (7th Cir. 2019)) (district courts have discretion “to apply its local rules ‘strictly.’”). The Court will therefore grant the motion to strike and the motion to join the motion to strike.

IT IS THEREFORE ORDERED that Defendants Borgen, Schroeder, and Thompson’s motion to strike and Defendant Wilkey’s motion to join the motion to strike (Dkt. Nos. 38 & 40) are GRANTED; Plaintiff’s untimely motion for summary judgment (Dkt. No. 36) is STRUCK from the record. Dated at Milwaukee, Wisconsin on October 27, 2022. s/ Brett H. Ludwig BRETT H. LUDWIG United States District Judge