Luedtke v. Firebird Trucking, Inc. et al
Plaintiff: Delos W. Luedtke and Delos W Luedtke
Defendant: Josue Rene Hidalgo Clarke, Donnelly Transportation Inc and Firebird Trucking Inc
Case Number: 1:2020cv01917
Filed: December 29, 2020
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: William C Griesbach
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 2, 2021 Filing 39 NOTICE by Firebird Trucking Inc, Josue Rene Hidalgo Clarke of Withdrawal of Motion to Dismiss (Sanders, Maria)
January 29, 2021 Filing 38 Minute Order. Proceedings held before Judge William C Griesbach: RULE 16 Telephone Scheduling Conference held on 1/29/2021. Amended Pleadings due by 11/1/2021, Discovery due by 2/1/2022, Plaintiffs Expert Witness List due by 3/4/2022, Defendants Expert Witness List due by 6/3/2022, Motions due by 3/11/2022, Initial Rule 26(a) Disclosures to be exchanged by 2/12/2021. All expert videotape trial depositions to be completed by 7/29/2022, with objections filed with the Court for decision by 8/15/22. The parties agree to mediate by 7/15/2022. Final Pretrial Conference set for 8/22/2022 01:30 PM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Judge William C Griesbach. Jury Trial set for 9/12/2022 08:30 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Judge William C Griesbach. (For specific briefing schedule SEE MINUTE sheet.) Upon agreement of the parties, the Court ORDERS that Case Nos. 20-C-1291 and 20-C-1917 are CONSOLIDATED. All filings are to be filed in the lower case number 20-C-1291. (Tape #012921) (lh)
January 29, 2021 The associated cases have been consolidated. All future filings are to be made in the lead case. Associated Cases: 1:20-cv-01291-WCG, 1:20-cv-01917-WCG(lh)
January 28, 2021 Filing 37 NOTICE of Appearance by Jennifer Marie DiVincenzo on behalf of Delos W Luedtke. Attorney(s) appearing: Jennifer DiVincenzo (DiVincenzo, Jennifer)
January 28, 2021 NOTICE: The RULE 16 Scheduling Conference scheduled for 1/29/2021 at 9:30 AM before Judge William C. Griesbach has been CONVERTED to an AT&T Conference Call. INSTRUCTIONS: PARTICIPANTS ARE TO CALL IN to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. (lh)
January 27, 2021 Filing 36 NOTICE of Appearance by Steven L Toney on behalf of Delos W Luedtke. Attorney(s) appearing: Steven L. Toney (Toney, Steven)
January 22, 2021 Filing 35 Corrected REPORT of Rule 26(f) Plan by Delos W Luedtke. (Whiting, Timothy)
January 22, 2021 Filing 34 DOCUMENT REFILED; see #35 . Corrected REPORT of Rule 26(f) Plan by Delos W Luedtke. (Whiting, Timothy) Modified on 1/25/2021 (tlf).
January 22, 2021 Filing 33 DOCUMENT REFILED; see #35 . REPORT of Rule 26(f) Plan by Delos W Luedtke. (Whiting, Timothy) Modified on 1/25/2021 (tlf).
January 11, 2021 Filing 32 DISCLOSURE Statement by Donnelly Transportation Inc. (Casieri, Vincent)
January 7, 2021 Filing 31 DISCLOSURE Statement by Firebird Trucking Inc. (Sanders, Maria)
January 7, 2021 Filing 30 Magistrate Judge Jurisdiction Form filed by Firebird Trucking Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Sanders, Maria)
January 6, 2021 Filing 29 Magistrate Judge Jurisdiction Form filed by Delos W. Luedtke. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Whiting, Timothy)
December 30, 2020 Filing 28 NOTICE of Hearing: (cc: all counsel)Rule 16 Telephone Scheduling Conference set for 1/29/2021 09:30 AM in By Telephone before Judge William C Griesbach. The court will initiate the call. Counsel are to provide the telephone number at which they can be reached (direct dial preferred) at least two days prior to the telephone conference. In the event counsel are unavailable at the scheduled time of the telephone conference, the conference may be rescheduled and counsel may be required to appear in person. Please provide your telephone number to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov(lh)
December 30, 2020 Filing 27 Magistrate Judge Jurisdiction Form filed by Donnelly Transportation Inc, Josue Rene Hidalgo Clarke. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Casieri, Vincent)
December 29, 2020 Filing 26 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-03376. Original file certified copy of transfer order and docket sheet received.
December 29, 2020 Filing 25 TRANSFERRED to the United District Court for the Eastern District of Wisconsin, Green Bay Division the electronic record. (mc, ) [Transferred from ilnd on 12/29/2020.]
December 29, 2020 NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)
November 16, 2020 Opinion or Order Filing 24 ORDER Signed by the Honorable Andrea R. Wood on 11/16/2020: Defendants' motion to transfer venue #11 is granted. The Clerk of Court is directed to transfer this case to the United District Court for the Eastern District of Wisconsin, Green Bay Division. All other pending motions and hearing dates are stricken. Civil case terminated. See the accompanying Statement for details. Mailed notice (dal, ) [Transferred from ilnd on 12/29/2020.]
November 12, 2020 Filing 23 ATTORNEY Appearance for Defendants Firebird Trucking, Inc., Josue Rene Hidalgo Clarke by Kyle Taylor Geiger (Additional Appearance) (Geiger, Kyle) [Transferred from ilnd on 12/29/2020.]
November 12, 2020 Filing 22 ATTORNEY Appearance for Defendants Firebird Trucking, Inc., Josue Rene Hidalgo Clarke by Edward P. Gibbons (Additional Appearance) (Gibbons, Edward) [Transferred from ilnd on 12/29/2020.]
October 13, 2020 Filing 21 SUMMONS Returned Executed by Delos W. Luedtke as to Josue Rene Hidalgo Clarke on 10/12/2020, answer due 11/2/2020. (Whiting, Timothy) [Transferred from ilnd on 12/29/2020.]
October 9, 2020 Filing 20 MINUTE entry before the Honorable Andrea R. Wood:Telephonic status hearing set for 10/13/2020 is stricken and reset for 11/17/2020 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from ilnd on 12/29/2020.]
September 8, 2020 Filing 19 REPLY by Donnelly Transportation, Inc., Josue Rene Hidalgo Clarke to MOTION by Defendants Donnelly Transportation, Inc., Josue Rene Hidalgo Clarke to transfer case #11 (Attachments: #1 Notice of Filing Reply Brief in Support of Motion to Transfer Venue)(Casieri, Vincent) [Transferred from ilnd on 12/29/2020.]
August 24, 2020 Filing 18 RESPONSE by Delos W. Luedtkein Opposition to MOTION by Defendants Donnelly Transportation, Inc., Josue Rene Hidalgo Clarke to transfer case #11 (DiVincenzo, Jennifer) [Transferred from ilnd on 12/29/2020.]
August 11, 2020 Filing 17 First AMENDED complaint by Delos W. Luedtke against Donnelly Transportation, Inc., Firebird Trucking, Inc., Josue Rene Hidalgo Clarke (Whiting, Timothy) [Transferred from ilnd on 12/29/2020.]
August 11, 2020 Filing 16 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/11/2020. The Court sets the following briefing schedule for Defendants' motion to transfer venue #11 : Plaintiff shall file a response by 8/25/2020 and Defendants shall file a reply 9/8/2020. Plaintiff shall file an amended complaint by the close of business 8/12/2020. Defendants' motion to dismiss complaint #9 is entered and continued. Discovery and Defendants' obligation to answer the amended complaint are stayed pending resolution of Defendants' motion to transfer venue. Telephonic status hearing set for 10/13/2020 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (dal, ) [Transferred from ilnd on 12/29/2020.]
August 10, 2020 Filing 15 ATTORNEY Appearance for Plaintiff Delos W. Luedtke by Jennifer Marie DiVincenzo (DiVincenzo, Jennifer) [Transferred from ilnd on 12/29/2020.]
August 10, 2020 Filing 14 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 8/11/2020 will proceed by telephone conference. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) [Transferred from ilnd on 12/29/2020.]
August 6, 2020 Filing 13 MEMORANDUM motion to dismiss #9 by Firebird Trucking, Inc., Josue Rene Hidalgo Clarke Complaint (Attachments: #1 Exhibit Donnelly Lease Agreement for Truck #281)(Sanders, Maria) [Transferred from ilnd on 12/29/2020.]
August 6, 2020 Filing 12 NOTICE by Donnelly Transportation, Inc., Josue Rene Hidalgo Clarke re MOTION by Defendants Donnelly Transportation, Inc., Josue Rene Hidalgo Clarke to transfer case #11 (Casieri, Vincent) [Transferred from ilnd on 12/29/2020.]
August 6, 2020 Filing 11 MOTION by Defendants Donnelly Transportation, Inc., Josue Rene Hidalgo Clarke to transfer case (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Casieri, Vincent) [Transferred from ilnd on 12/29/2020.]
August 6, 2020 Filing 10 ATTORNEY Appearance for Defendants Donnelly Transportation, Inc., Josue Rene Hidalgo Clarke by Vincent Michael Casieri (Casieri, Vincent) [Transferred from ilnd on 12/29/2020.]
August 6, 2020 Filing 9 MOTION by Defendants Josue Rene Hidalgo Clarke, Firebird Trucking, Inc. to dismiss Complaint (Sanders, Maria) [Transferred from ilnd on 12/29/2020.]
August 6, 2020 Filing 8 ATTORNEY Appearance for Defendants Firebird Trucking, Inc., Josue Rene Hidalgo Clarke by Maria Delpizzo Sanders (Sanders, Maria) [Transferred from ilnd on 12/29/2020.]
July 24, 2020 Filing 7 SUMMONS Returned Executed by Delos W. Luedtke as to Firebird Trucking, Inc. on 7/16/2020, answer due 8/6/2020. (Whiting, Timothy) [Transferred from ilnd on 12/29/2020.]
July 24, 2020 Filing 6 SUMMONS Returned Executed by Delos W. Luedtke as to Donnelly Transportation, Inc. on 7/16/2020, answer due 8/6/2020. (Whiting, Timothy) [Transferred from ilnd on 12/29/2020.]
July 13, 2020 SUMMONS Issued as to Defendants Donnelly Transportation, Inc., Firebird Trucking, Inc., Josue Rene Hidalgo Clarke (dxb, ) [Transferred from ilnd on 12/29/2020.]
July 10, 2020 Opinion or Order Filing 5 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket) [Transferred from ilnd on 12/29/2020.]
June 9, 2020 Filing 4 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 8/11/2020 at 9:15 AM. The Court expects to proceed with the status hearing telephonically. Parties will be contacted closer to the hearing date with a call-in number and additional details.The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice. (dal, ) [Transferred from ilnd on 12/29/2020.]
June 9, 2020 CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (txl, ) [Transferred from ilnd on 12/29/2020.]
June 8, 2020 Filing 2 ATTORNEY Appearance for Plaintiff Delos W. Luedtke by Timothy Michael Whiting (Whiting, Timothy). [Transferred from ilnd on 12/29/2020.]
June 8, 2020 Filing 1 COMPLAINT filed by Delos W. Luedtke; Jury Demand. Filing fee $ 400, receipt number 0752-17090661. (Attachments: #1 Civil Cover Sheet)(Whiting, Timothy) . [Transferred from ilnd on 12/29/2020.]
May 26, 2020 Opinion or Order Filing 3 ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice (ec, ) [Transferred from ilnd on 12/29/2020.]

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Defendant: Josue Rene Hidalgo Clarke
Represented By: Maria DelPizzo Sanders
Represented By: Edward P Gibbons
Represented By: Vincent M Casieri
Represented By: Kyle T Geiger
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Defendant: Donnelly Transportation Inc
Represented By: Vincent M Casieri
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Defendant: Firebird Trucking Inc
Represented By: Maria DelPizzo Sanders
Represented By: Edward P Gibbons
Represented By: Kyle T Geiger
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Plaintiff: Delos W. Luedtke
Represented By: Jennifer Marie DiVincenzo
Represented By: Timothy M Whiting
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Plaintiff: Delos W Luedtke
Represented By: Jennifer Marie DiVincenzo
Represented By: Timothy M Whiting
Represented By: Steven L Toney
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