UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOHN F. SIMMERS,
HARTFORD LIFE AND ACCIDENT
Case No. 11-C-1009
DECISION AND ORDER
The defendant, Hartford Life and Accident Insurance Company, moves to
enlarge the time for discovery because the deposition of John F. Simmers had to be
continued. Hartford also requests a stay of the deadline to respond to Simmers’
recently-filed motion for partial summary judgment. Alongside his motion for
summary judgment, Simmers filed a motion to stay proceedings pending a ruling on
his summary judgment motion.
These motions are resolved as follows: Hartford’s motion to enlarge and to
stay [ECF No. 61] is GRANTED, Simmers’ motion to stay [ECF No. 57] is DENIED,
and Simmers’ motion for partial summary judgment remains pending. It appears that
Simmers wants to avoid continuing his deposition, but Hartford is entitled to take his
deposition so it can properly respond to Simmers’ motion for summary judgment, Fed.
R. Civ. P. 56(d)(3), and also so it can prepare its own motion.
The fact discovery deadline regarding Simmers’ equitable tolling claim is
Case 2:11-cv-01009-RTR Filed 06/04/13 Page 1 of 2 Document 63
enlarged to June 28, 2013. The dispositive motion deadline is now July 19, 2013.
The deadline for Hartford to respond to Simmers’ motion for partial summary
judgment is August 19, 2013.
Dated at Milwaukee, Wisconsin, this 4th day of June, 2013.
BY THE COURT:
HON. RUDOLPH T. RANDA
U.S. District Judge
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