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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

Plaintiff,

-vs-



JOHN F. SIMMERS,






HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY,




Defendant.

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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Case 2:11-cv-01009-RTR Filed 06/04/13 Page 2 of 2 Document 63