Gadbaw, Thomas v. Downs, Tracy
Plaintiff: Thomas W. Gadbaw
Defendant: Tracy M. Downs
Case Number: 3:2014cv00202
Filed: March 13, 2014
Court: US District Court for the Western District of Wisconsin
Office: Madison Office
County: Dane
Presiding Judge: Stephen L Crocker
Referring Judge: James D Peterson
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 13, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2015 Filing 36 JUDGMENT entered in favor of Defendant Tracy M. Downs dismissing the case. (VO). Signed by Peter A. Oppeneer, Clerk of Court on 4/13/2015. (voc)
April 13, 2015 Opinion or Order Filing 35 ORDER granting #13 Motion for Summary Judgment by Defendant Tracy M. Downs. Signed by District Judge James D. Peterson on 4/10/2015. (voc)
January 16, 2015 Filing 34 Notice by Plaintiff Thomas W. Gadbaw of Substitution of Counsel. (McClain, Teresa)
January 16, 2015 Opinion or Order Filing 33 ** TEXT ONLY ORDER **ORDER granting #31 Motion to Continue. The court will hold a telephonic status and scheduling conference if necessary after the court rules on the pending motion for summary judgment. Signed by District Judge James D. Peterson on 1/16/2015. (voc)
January 15, 2015 Filing 32 Brief in Support of #31 Motion to Continue Deadlines in Preliminary Pretrial Order by Plaintiff Thomas W. Gadbaw. (McClain, Teresa)
January 15, 2015 Filing 31 Joint Motion to Continue Deadlines in Preliminary Pretrial Order by Plaintiff Thomas W. Gadbaw. (McClain, Teresa)
November 24, 2014 Filing 30 Affidavit of Dawn Paulson filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment, (Attachments: #1 Exhibit A - Portion of Ronda Gadbaw's Medical Records (Unredacted) (Gendreau, Chad) Modified on 11/25/2014 to add exhibit description. (lak)
November 24, 2014 Filing 29 Affidavit of Tracy M. Downs, M.D. filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment. (Gendreau, Chad)
November 24, 2014 Filing 28 Supplemental Proposed Findings of Fact filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment. (Gendreau, Chad)
November 24, 2014 Filing 27 Response to Proposed Findings of Fact filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment. (Gendreau, Chad)
November 24, 2014 Filing 26 Brief in Reply by Defendant Tracy M. Downs in Support of #13 Motion for Summary Judgment. (Gendreau, Chad)
November 7, 2014 Filing 25 Declaration of Eugene Kisor filed by Plaintiff Thomas W. Gadbaw re: #13 Motion for Summary Judgment. (McClain, Teresa)
November 7, 2014 Filing 24 Declaration of Kayla Hofstad filed by Plaintiff Thomas W. Gadbaw re: #13 Motion for Summary Judgment. (McClain, Teresa)
November 7, 2014 Filing 23 Declaration of Thomas W. Gadbaw filed by Plaintiff Thomas W. Gadbaw re: #13 Motion for Summary Judgment. (McClain, Teresa)
November 7, 2014 Filing 22 Response to Proposed Findings of Fact filed by Plaintiff Thomas W. Gadbaw re: #13 Motion for Summary Judgment. (McClain, Teresa)
November 7, 2014 Filing 21 Proposed Findings of Fact by Plaintiff Thomas W. Gadbaw re: #13 Motion for Summary Judgment filed by Tracy M. Downs (McClain, Teresa) Modified on 11/7/2014 (rep).
November 7, 2014 Filing 20 Declaration of Teresa Fariss McClain filed by Plaintiff Thomas W. Gadbaw in support of Brief in Opposition re: #13 Motion for Summary Judgment, (Attachments: #1 Exhibit A - Medical Record, #2 Exhibit B - Medical Record, #3 Exhibit C - Medical Examiner's Report) (McClain, Teresa) Modified on 11/10/2014. (lak)
November 7, 2014 Filing 19 Brief in Opposition by Plaintiff Thomas W. Gadbaw re: #13 Motion for Summary Judgment filed by Tracy M. Downs. (McClain, Teresa)
October 9, 2014 Reset Deadlines as to #13 MOTION FOR SUMMARY JUDGMENT . Per PTC Order briefing schedule is 30/15. Brief in Opposition due 11/7/2014. Brief in Reply due 11/24/2014. (voc)
October 8, 2014 Filing 18 Declaration of Francis X. Sullivan filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment (Attachments: #1 Exhibit 101 - Medical Mediation Package, #2 Exhibit 102 - Notice of Claim Dated 1/9/2014) (Sullivan, Francis) Modified on 10/8/2014 to add exhibit descriptions. (lak)
October 8, 2014 Filing 17 Declaration of Kenneth J. Mount filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment (Attachments: #1 Exhibit 101 - Letter Dated 12/11/2009) (Sullivan, Francis) Modified on 10/8/2014 to add exhibit description. (lak)
October 8, 2014 Filing 16 Declaration of Tracy M. Downs M.D. filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment. (Sullivan, Francis)
October 8, 2014 Filing 15 Proposed Findings of Fact filed by Defendant Tracy M. Downs re: #13 Motion for Summary Judgment. (Sullivan, Francis)
October 8, 2014 Filing 14 Brief in Support of #13 Motion for Summary Judgment by Defendant Tracy M. Downs. (Sullivan, Francis)
October 8, 2014 Filing 13 MOTION FOR SUMMARY JUDGMENT by Defendant Tracy M. Downs. Brief in Opposition due 10/29/2014. Brief in Reply due 11/10/2014. (Attachments: #1 Certificate of Service) (Sullivan, Francis)
October 1, 2014 Opinion or Order Filing 12 ** TEXT ONLY ORDER ** The parties' stipulation to change the expert disclosure deadlines and the discovery cutoff (dkt. #11 ) is accepted and entered with the understanding that the April 1, 2015 dispositive motion deadline and the September 21, 2015 trial date are not moving. Signed by Magistrate Judge Stephen L. Crocker on 10/1/2014. (voc)
October 1, 2014 Filing 11 Stipulated Motion to Alter or Amend Discovery Deadlines by Plaintiff Thomas W. Gadbaw. (Attachments: #1 Text of Proposed Order) (McClain, Teresa) Modified on 10/1/2014. (lak)
July 18, 2014 Opinion or Order Filing 10 ** TEXT ONLY ORDER **The court has received the submissions concerning the citizenship of the parties. The deficiencies in the jurisdictional allegations in the complaint have been addressed to the court's satisfaction at this point in the case. The parties are advised that any further question concerning the court's jurisdiction should be brought to the court's attention and resolved without delay. Signed by District Judge James D. Peterson on 7/18/2014. (arw)
July 14, 2014 Opinion or Order Filing 9 Pretrial Conference Order - Amendments to Pleadings due 9/12/2014. Dispositive Motions due 4/1/2015. Settlement Letters due 8/14/2015. Motions in Limine due 8/14/2015. Response to Motion due 8/28/2015. Final Pretrial Conference set for 9/9/2015 at 04:00 PM. Jury Selection and Trial set for 9/21/2015 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 7/14/2014. (voc)
July 8, 2014 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 7/8/2014 [:15] (cak)
July 3, 2014 Filing 8 Joint Report of Rule 26(f) Planning Meeting. (McClain, Teresa)
July 3, 2014 Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (cak)
June 23, 2014 Filing 7 Proof of Diversity Citizenship filed by Plaintiff Thomas Gadbaw, (Attachments: #1 Exhibit A - Statement of Citizenship of Thomas Gadbaw, #2 Exhibit B - Stipulation as to Citizenship of Defendant) (McClain, Teresa) Modified on 6/24/2014. (lak)
June 18, 2014 Opinion or Order Filing 6 ORDER Requiring Proof of Diversity Citizenship. Proof of Diversity Citizenship due 6/24/2014. Signed by Magistrate Judge Stephen L. Crocker on 6/17/2014. (voc/lk)
June 17, 2014 Filing 5 Notice of Appearance Of Additional Counsel filed by Chad R. Gendreau for Defendant Tracy M. Downs. (Attachments: #1 Certificate of Service) (Gendreau, Chad)
June 17, 2014 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 7/8/2014 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc)
June 16, 2014 Filing 4 ANSWER by Defendant Tracy M. Downs. (Sullivan, Francis)
April 25, 2014 Filing 3 Waiver of Service Returned Executed by Defendant Tracy M. Downs. Tracy M. Downs waiver sent on 4/18/2014, answer due 6/17/2014. (McClain, Teresa)
March 14, 2014 Filing 2 Summons Issued as to Tracy M. Downs. (voc)
March 14, 2014 Case randomly assigned to Magistrate Judge Stephen L. Crocker. (voc)
March 14, 2014 Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: #Corporate Disclosure Statement, #Order Regarding Assignment of Civil Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (voc)
March 13, 2014 Filing 1 COMPLAINT against Tracy M. Downs. Service to be completed by Waiver of Service of Summons. ( Filing fee $ 400 receipt number 0758-1315333.), filed by Thomas W. Gadbaw. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons) (McClain, Teresa)

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Plaintiff: Thomas W. Gadbaw
Represented By: Teresa Fariss McClain
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Defendant: Tracy M. Downs
Represented By: Chad R. Gendreau
Represented By: Francis X. Sullivan
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