DePronce Antwon Burnett v. Lisa Gunderson, et al.

Summary

The United States District Court for the Western District of Wisconsin addresses a pro se prisoner’s motions concerning expert-witness disclosures and recruitment of counsel in an inadequate-medical-care action. The court extends the plaintiff’s expert disclosure deadline to April 27, 2026, permits defendants to identify rebuttal experts by May 18, 2026, and denies without prejudice the request for assistance recruiting counsel. The court also finds the request for assistance securing witness testimony premature.

Holdings

1. The court extended plaintiff's expert-disclosure deadline to April 27, 2026 as a courtesy, required him to identify specific individuals by that date, and permitted defendants to identify rebuttal experts by May 18, 2026, while declining to grant broader relief based on a showing of good cause.
2. The request for court assistance in securing witness testimony through subpoenas was denied as premature because it was not yet clear whether any claims would proceed to trial.
3. A civil litigant seeking recruitment of counsel must show inability to afford counsel, reasonable efforts to obtain counsel independently, and that the case's legal and factual difficulty exceeds the litigant's ability to prosecute it. Burnett satisfied the first requirement and, for purposes of the motion, the second, but failed to show that the third requirement was met at this stage.

Questions Presented

1. Whether plaintiff showed sufficient grounds for an extension and supplementation of his expert-witness disclosures.
2. Whether plaintiff's request for court assistance in obtaining witness testimony through subpoenas was ripe.
3. Whether plaintiff demonstrated that recruitment of pro bono counsel was warranted because the legal and factual difficulty of the case exceeded his ability to litigate it.

Disposition

other