Shanahan et al v. Butler et al
| Victoria Shanahan, ST Hardware Store Inc, Daniel Shanahan and ST Hardware Store Inc doing business as Peaslee Hardware |
| Fifth Third Bank, Butler Investments LLC, Small Business Administration, Thomas Butler, Jeanne Hulit, Kurtis Butler and Fifth Third Bancorp |
| 2:2013cv01269 |
| November 11, 2013 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Milwaukee |
| William C Griesbach |
| Personal Property: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2014. A more recent docket listing may be available from PACER.
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| Filing 53 JUDGMENT entered by Deputy Clerk; approved by Chief Judge William C Griesbach on 07/17/2014. (cc: all counsel)(aw) |
Filing 52
ORDER denying #29 Motion to Dismiss; denying #36 Motion for Leave to File; granting #41 Motion to Dismiss; denying #43 Motion for Leave to File. The Clerk is directed to enter judgment dismissing the case forthwith. Signed by Chief Judge William C Griesbach on 07/17/2014. (cc: all counsel) (Griesbach, William)
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| Filing 51 Minute Entry for proceedings held before Chief Judge William C Griesbach: Telephone Conference held on 7/8/2014. The Court will review the motion to dismiss and the motion for leave to file an amended complaint and address both motions. (Tape #070814) (cav) |
| Filing 50 NOTICE of Appearance by Brian H Mahany on behalf of All Plaintiffs. Attorney(s) appearing: Joseph C. Bird (Mahany, Brian) |
| Filing 49 REPLY BRIEF in Support filed by Small Business Administration re #41 MOTION to Dismiss . (Pawlak, Brian) |
| Filing 48 RESPONSE to Motion filed by Small Business Administration re #43 First MOTION for Leave to File Amended Complaint . (Pawlak, Brian) |
| NOTICE of Hearing: (cc: all counsel) Telephone Conference set for 7/8/2014 09:30 AM before Chief Judge William C Griesbach. Instructions: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1269. 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. All participants are to confirm their appearance with the Clerk prior to the date of the hearing. Verification of your participation should be sent to wied_clerks_gb@wied.uscourts.gov. Please contact the Office of the Clerk at 920-455-7381 if you should have any questions.(aw) |
| Filing 47 LETTER from attorney for Defendant Thomas Butler . (Fredrick, Kristin) |
| Filing 46 LETTER from Atty. Andringa to Hon. William C. Griesbach objecting to Plaintiffs' proposed Motion to Amend the Complaint (Dkt #43) . (Andringa, Timothy) |
| Filing 45 BRIEF in Support filed by All Plaintiffs re #43 First MOTION for Leave to File Amended Complaint . (Attachments: #1 Exhibit Proposed Amended Complaint)(Mahany, Brian) |
| Filing 44 RESPONSE to Motion filed by All Plaintiffs re #41 MOTION to Dismiss . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Mahany, Brian) |
| Filing 43 First Rule 7(h) MOTION for Leave to File Amended Complaint by All Plaintiffs. (Mahany, Brian) (Additional attachment(s) added on 6/23/2014: #1 Proposed Amended Complaint) (tlf). |
| Filing 42 BRIEF in Support filed by Small Business Administration re #41 MOTION to Dismiss . (Pawlak, Brian) |
| Filing 41 MOTION to Dismiss by Small Business Administration. (Pawlak, Brian) |
| Filing 40 NOTICE of Appearance by Brian E Pawlak on behalf of Small Business Administration. Attorney(s) appearing: AUSA Brian E. Pawlak (Pawlak, Brian) |
| Filing 39 REPLY BRIEF in Support filed by Thomas Butler re #29 MOTION to Dismiss . (Fredrick, Kristin) |
| Filing 38 SUPPLEMENTAL EXHIBIT (Proposed Amended Complaint) to #36 Brief in Opposition filed by all Plaintiffs re #29 Motion to Dismiss. (Mahany, Brian) Modified on 4/29/2014 (tlf). |
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Filing 37
ORDER GRANTING #34 First MOTION for Extension of Time to File Response to Defendant Thomas Butler's Motion to Dismiss Complaint, signed by Chief Judge William C Griesbach on 04/24/2014. Plaintiffs time to respond is extended through April 28, 2014. (cc: all counsel)(Griesbach, William)
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| Filing 36 BRIEF in Opposition filed by All Plaintiffs re #29 MOTION to Dismiss and MOTION for Leave to File Amended Complaint. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Certificate of Service Certificate of Service)(Mahany, Brian) Modified on 5/1/2014 (tlf). |
| Summons Reissued as to Jeanne Hulit. (cav) |
| Filing 35 LETTER from Kristin P. Fredrick . (Fredrick, Kristin) |
| Filing 34 First MOTION for Extension of Time to File Answer in Response to Defendant Thomas Butler's Motion to Dismiss Complaint by All Plaintiffs. (Attachments: #1 Certificate of Service)(Mahany, Brian) |
| Filing 33 REQUEST for Issuance of Summons by All Plaintiffs (Mahany, Brian) Modified on 4/23/2014 to reflect correct event (cav). |
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Filing 32
DECISION AND ORDER granting #23 Fifth Third Bank's Motion to Dismiss for Failure to State a Claim, signed by Chief Judge William C Griesbach on 04/02/2014. Plaintiffs claims against Fifth Third BankCounts II, IV, V, and VIIIare DISMISSED with prejudice. (cc: all counsel) (Griesbach, William)
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Filing 31
ORDER granting #28 Motion to Amend/Correct Response. (cc: all counsel) (Griesbach, William)
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| Filing 30 AMENDED ANSWER to #1 Complaint, by Kurtis Butler, Butler Investments LLC.(cav) |
| Filing 29 MOTION to Dismiss by Thomas Butler. (Attachments: #1 Memorandum of Law In Support of Motion to Dismiss, #2 Notice of Appearance, #3 Disclosure Statement, #4 Non-Consent to Magistrate, #5 Certificate of Service)(Fredrick, Kristin) |
| Filing 28 Rule 7(h) Expedited Non-Dispositive MOTION to Amend/Correct Kurtis Butler and Butler Investments, LLC's Response to Complaint and Demand for Jury Trial by Kurtis Butler, Butler Investments LLC. (Attachments: #1 Amended Response to Complaint and Demand for Jury Trial, #2 Text of Proposed Order Granting Non-Dispositive Motion to Amend Pleadings)(Andringa, Timothy) |
| Summons Issued as to Thomas Butler. (cav) |
| Filing 27 REQUEST for Issuance of Summons by All Plaintiffs to Thomas Butler (Mahany, Brian) |
| Filing 26 Refusal to Jurisdiction by US Magistrate Judge by Fifth Third Bank. (Blise, Rachel) |
| Filing 25 DISCLOSURE Statement by Fifth Third Bank. (Blise, Rachel) |
| Filing 24 BRIEF in Support filed by Fifth Third Bank re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Blise, Rachel) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fifth Third Bank. (Blise, Rachel) |
| Filing 22 Defendants' ANSWER to #1 Complaint, by Kurtis Butler, Butler Investments LLC.(Andringa, Timothy) |
| Filing 21 DISCLOSURE Statement by All Plaintiffs. (Mahany, Brian) |
| Filing 20 NOTICE of Appearance by Rachel M Blise on behalf of Fifth Third Bank. Attorney(s) appearing: Rachel M. Blise (Blise, Rachel) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Butler Investments LLC waiver sent on 12/12/2013, answer due 2/10/2014. (Mahany, Brian) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Kurtis Butler waiver sent on 12/12/2013, answer due 2/10/2014. (Mahany, Brian) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Fifth Third Bank waiver sent on 12/13/2013, answer due 2/11/2014. (Mahany, Brian) |
| Filing 16 DISCLOSURE Statement by Butler Investments LLC. (Andringa, Timothy) |
| Filing 15 NOTICE of Appearance by Timothy J Andringa on behalf of Kurtis Butler, Butler Investments LLC. Attorney(s) appearing: Timothy J. Andringa and Attorney Matthew M. Fernholz (Andringa, Timothy) |
| NOTICE of Electronic Filing Error re #16 Disclosure Statement filed by Butler Investments LLC, #15 Notice of Appearance filed by Kurtis Butler, Butler Investments LLC ; Electronically filed documents should not be scanned whenever possible. These documents do not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (aw) |
| Filing 14 ATTACHMENTS Exhibit 5 by All Plaintiffs re #1 Complaint. (Mahany, Brian) |
| Filing 13 ATTACHMENTS Exhibit 4 by All Plaintiffs re #1 Complaint. (Mahany, Brian) |
| Filing 12 ATTACHMENTS Exhibit 3 by All Plaintiffs re #1 Complaint. (Mahany, Brian) |
| Filing 11 ATTACHMENTS Exhibit 2 by All Plaintiffs re #1 Complaint. (Mahany, Brian) |
| Filing 10 ATTACHMENTS Exhibit 1 by All Plaintiffs re #1 Complaint. (Mahany, Brian) |
| Filing 9 Consent to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Mahany, Brian) |
| Summons Issued as to Butler Investments, US Attorney General, Fifth Third Bank, Jeanne Hulit and Kurtis Butler. (mec) |
| Filing 8 REQUEST for Issuance of Summons by All Plaintiffs to Kurtis Butler (Mahany, Brian) |
| Filing 7 REQUEST for Issuance of Summons by All Plaintiffs to Jeanne Hulit (Mahany, Brian) |
| Filing 6 REQUEST for Issuance of Summons by All Plaintiffs to Fifth Third Bank (Mahany, Brian) |
| Filing 5 REQUEST for Issuance of Summons by All Plaintiffs US Attorney General Eric Holder (Mahany, Brian) |
| Filing 4 REQUEST for Issuance of Summons by All Plaintiffs to Butler Investments (Mahany, Brian) |
| Filing 3 Consent to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Mahany, Brian) |
| NOTICE of Electronic Filing Error re #3 Consent/Refusal to Jurisdiction by US Magistrate Judge filed by Victoria Shanahan, Daniel Shanahan, ST Hardware Store Inc ; Document must contain the name of the assigned magistrate judge. This document must be RE-FILED; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov. (mec) |
| NOTICE of Electronic Filing Error re #1 Complaint filed by Victoria Shanahan, Daniel Shanahan, ST Hardware Store Inc ; Please follow the instructions at our website regarding issuance of summons and submit the summons using the event Request for Issuance of Summons which is found under the heading other documents.; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov (cav) |
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Filing 2
ORDER REASSIGNING CASE signed by Judge J P Stadtmueller on 11/13/13. Case reassigned to Chief Judge William C Griesbach for all further proceedings, Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(nm)
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| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Gorence to be filed within 21 days; The consent/refusal form is available on our web site; 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. (nts) |
| Filing 1 COMPLAINT with Jury Demand; against All Defendants by Daniel Shanahan, S.T. Hardwar Store, Inc., Victoria Shanahan. ( Filing Fee PAID $400 receipt number 0757-1788284) (Attachments: #1 Civil Cover Sheet)(Mahany, Brian) Exhibits filed at separate entries; See #10 Exhibit 1, #11 Exhibit 2, #12 Exhibit 3, #13 Exhibit 4, and #14 Exhibit 5 filed on 11/26/2013 (tlf). |
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