Carter et al v. City of Wauwatosa et al
| Akil K Carter, Paulette H Barr and Sandra K Adams |
| Nicole Gabriel, Luke Vetter, Jane Does 1-3, City of Wauwatosa, John Does 1-3, Patrick Kaine, Barry Weber, Derek Dienhart and James MacGillis |
| 2:2019cv01422 |
| September 30, 2019 |
| US District Court for the Eastern District of Wisconsin |
| J P Stadtmueller |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 148 Service of Subpoena AFFIDAVIT of Les Johns for Barry Weber and Carl Anderson. (Bertrand, Joy) |
| Filing 147 OBJECTIONS by All Plaintiffs to the Court's Draft Jury Instructions. (Bertrand, Joy) |
| Filing 146 Supplemental Request for Jury Instructions by All Plaintiffs. (Bertrand, Joy) Modified on 3/13/2023 (bx). |
| Filing 145 AFFIDAVIT of Les B. Johns . (Attachments: #1 Affidavits of service for Luke Vetter, Derek Dienhart, Nicole Gabriel, and Dwight Johnson, #2 Email correspondence regarding subpoena service on Defendants)(Bertrand, Joy) |
| Filing 144 MOTION for Witness to Appear via Videoconferencing by All Plaintiffs. (Attachments: #1 Covid Test Results, #2 Text of Proposed Order)(Bertrand, Joy) |
| Filing 143 DECLARATION of Timothy Cullen (Baynard, Jasmyne) |
| Filing 142 REDACTED DECLARATION of Timothy Cullen (Baynard, Jasmyne) Modified on 3/9/2023 (bx). |
| Filing 141 OBJECTIONS by All Plaintiffs to the Court's Proposed Forms of Verdict. (Bertrand, Joy) |
Filing 140
ORDER signed by Judge J P Stadtmueller on 3/3/2023 DENYING #134 Plaintiffs' Motion for Reconsideration. (cc: all counsel)(jm)
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| Filing 139 NOTICE of Withdrawal by Jasmyne M Baynard on behalf of City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, James MacGillis, Luke Vetter.Attorney Kiley B. Zellner to be termed. (Baynard, Jasmyne) |
| Filing 138 NOTICE of Appearance by Joseph M Wirth on behalf of All Defendants. Attorney(s) appearing: Joseph M Wirth (Wirth, Joseph) |
| Filing 137 LETTER from Attorney Wirth re additional appearance and NOTICE of Withdrawal of Attorney Kiley Zellner. (Wirth, Joseph) Modified on 3/2/2023 (rcm). |
| Filing 136 RESPONSE to Motion filed by All Defendants re #134 Expedited MOTION for Reconsideration of February 8, 2023 Rulings, Pursuant to Fed. R. Civ. Pro. 54(b) . (Baynard, Jasmyne) |
| Filing 135 DECLARATION of Joy Bertrand in Support of Expedited Motion to Reconsider February 8, 2023 Rulings (Attachments: #1 August 25, 2020 Email to John Wolfgang)(Bertrand, Joy) |
| Filing 134 Expedited MOTION for Reconsideration of February 8, 2023 Rulings, Pursuant to Fed. R. Civ. Pro. 54(b) by All Plaintiffs. (Bertrand, Joy) |
| Filing 133 TRANSCRIPT of Final Pretrial Conference held on February 8, 2023 before Judge JP Stadtmueller Court Reporter/Transcriber Susan Armbruster, Contact at 414-290-2641. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 3/13/2023. Redacted Transcript Deadline set for 3/23/2023. Release of Transcript Restriction set for 5/22/2023. (Armbruster, Susan) |
| Filing 132 Minute Entry for proceedings held before Judge J.P. Stadtmueller: Final Pretrial Conference (second) held on 2/8/2023. (Court Reporter Sue Armbruster) (cw) |
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 2/8/2023. Consistent with the Court's comments during #132 the Final Pretrial Conference, Defendants' original #106 motions in limine are DENIED as moot. The parties' #124 motion for leave to file amended disputed motions in limine is GRANTED; ECF No. 124-1 shall serve as the operative set of motions in limine in this matter. As noted during the Final Pretrial Conference, upon review of the facts and claims in this case, the Court has preliminarily determined that the expert testimony of Brian Landers and the testimony of Barry Weber (or his successor), Dwight Johnson, Sean Lowe, and the University of Wisconsin-Milwaukee Records Custodian will not be necessary at trial. The operative motions in limine will be further addressed at trial. Additionally, the parties' #125 motion for leave to file an amended Final Pretrial Report is GRANTED; ECF No. 125-1 and its attachments shall serve as the operative Final Pretrial Report in this matter, with the caveat that Defendants' #127 motion to strike certain filings associated with the amended Final Pretrial Report remains pending. Finally, in light of the parties' agreement, the #105 motion to bar Plaintiffs expert Lisa Hanson is DENIED as moot. (cc: all counsel) (cw)
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| Notice of Hearing: The Final Pretrial Conference originally scheduled for 2/7/2023 is RESCHEDULED to 2/8/2023 at 8:30 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge J.P. Stadtmueller. (cc: all counsel) (cw) |
| Filing 131 Report from Joy Bertrand Supplement to Final Settlement Report. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Bertrand, Joy) |
| Filing 130 DECLARATION of Joy Bertrand in Opposition to Motion to Strike (Attachments: #1 Exhibit 1 -- Email stream beginning September 1, 2022, #2 Exhibit 2 -- Email stream beginning September 30, 2022, #3 Exhibit 3 -- September 30, 2022 Letter from Plaintiffs' Counsel to Defense, #4 Exhibit 4 -- November 4, 2022 letter from Plaintiffs' Counsel to Defense Counsel, #5 Exhibit 5 -- December 8, 2022 Letter from Plaintiffs' Counsel to Defense, #6 Exhibit 6 -- January 9, 2023 Plaintiff's Counsel letter to Defense, #7 Exhibit 7 -- Email stream beginning January 28, 2023)(Bertrand, Joy) |
| Filing 129 RESPONSE to Motion filed by All Plaintiffs re #127 Expedited MOTION to Strike Plaintiffs' Verdict Forms and Proposed Voir Dire . (Bertrand, Joy) |
| Filing 128 DECLARATION of Kiley B. Zellner (Attachments: #1 Exhibit A - Carter e-mail)(Zellner, Kiley) |
| Filing 127 Expedited MOTION to Strike Plaintiffs' Verdict Forms and Proposed Voir Dire by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, James MacGillis, Luke Vetter. (Zellner, Kiley) |
| Filing 126 Proposed Voir Dire by All Plaintiffs. (Bertrand, Joy) |
| Filing 125 Joint MOTION for Leave to File by All Plaintiffs. (Attachments: #1 Joint Pretrial Report, #2 Pretrial Report Attachments Table of Contents, #3 Exhibit List, #4 Joint Proposed Jury Instructions, #5 Plaintiffs' Proposed Jury Instructions, #6 Defense Proposed Jury Instructions and Objections, #7 Joint Proposed Verdict Form, #8 Plaintiffs' Additional Requested Verdict Forms)(Bertrand, Joy) |
| NOTICE of Electronic Filing Error re #124 MOTION for Leave to File Amended [Disputed] Motions in Limine filed by City of Wauwatosa, Nicole Gabriel, Derek Dienhart, Patrick Kaine, Luke Vetter, James MacGillis ; Certain attachments to this document should have been filed as separate entries - Declarations should always be filed as stand-alone events. This document does 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 (rcm) |
| Filing 124 MOTION for Leave to File Amended [Disputed] Motions in Limine by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, James MacGillis, Luke Vetter. (Attachments: #1 Joint Disputed Motions in Limine and Memorandum in Support, #2 Certification of Kiley B. Zellner, #3 Declaration of Joy Bertrand)(Zellner, Kiley) |
| Filing 123 Report from Plaintiffs -- Corrected Settlement Report (Corrected Caption) . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Bertrand, Joy) |
| Filing 122 SUPPLEMENT by All Plaintiffs to #119 January 19, 2023 Response to Defendants' Request to Reschedule Final Pretrial Date. (Bertrand, Joy) Modified on 1/24/2023 (rcm). |
| Filing 121 Report from Plaintiffs -- Final Settlement Report . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Bertrand, Joy) |
| Filing 120 Interim Settlement Report from Kiley B. Zellner . (Zellner, Kiley) |
| Filing 119 RESPONSE filed by All Plaintiffs re #118 Letter (Bertrand, Joy) |
| Filing 118 LETTER from Kiley B. Zellner Request to reschedule Pretrial Conference. (Zellner, Kiley) |
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Filing 117
AMENDED TRIAL SCHEDULING ORDER signed by Judge J P Stadtmueller on 12/12/2022. Final Settlement Report due by 1/20/2023; Motions in Limine and Rule 702 Motions due by 1/27/2023; Final Joint Pretrial Report due by 2:00 PM on 2/1/2023. Final Pretrial Conference set for 2/7/2023 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI 53202 before Judge J P Stadtmueller. Jury Trial set for 3/13/2023 at 8:30 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge J P Stadtmueller. (cc: all counsel) (cw)
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| Filing 116 Report from Plaintiffs . (Bertrand, Joy) |
| Filing 115 TRANSCRIPT of Final Pre-Trial Conference held on 8/16/2022 before Judge J.P. Stadtmueller Court Reporter/Transcriber Thomas Malkiewicz, Contact at 414-290-2642. Transcripts may be purchased using the Transcript Order Form found #on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website # www.wied.uscourts.gov Redaction Statement due 11/14/2022. Redacted Transcript Deadline set for 11/21/2022. Release of Transcript Restriction set for 1/20/2023. (Malkiewicz, Thomas) |
| Filing 114 STATUS REPORT by Plaintiffs by All Plaintiffs. (Bertrand, Joy) |
| Filing 113 Minute Entry for proceedings held before Judge J P Stadtmueller: Final Pretrial Conference held on 8/16/2022. The trial originally scheduled for 8/22/2022 is ADJOURNED pending further submissions from the parties. (Court Reporter Tom Malkiewicz) (cw) |
| Filing 112 RESPONSE to Motion filed by All Plaintiffs re #107 MOTION to Exclude Brian Landers . (Attachments: #1 Declaration of Joy Bertrand, #2 Brian Landers' CV)(Bertrand, Joy) |
| Filing 111 RESPONSE to Motion filed by All Plaintiffs re #105 Stipulated MOTION in Limine to bar Plaintiff expert Lisa Hanson . (Bertrand, Joy) |
| Filing 110 Exhibit List by All Defendants. (Zellner, Kiley) |
| Filing 109 Joint PRETRIAL REPORT by All Plaintiffs. (Attachments: #1 Exhibit List, #2 Joint Proposed Jury Instructions, #3 Plaintiffs' Proposed Jury Instructions, #4 Defendants' Proposed Jury Instructions, #5 Parties' Joint Proposed Verdict Forms, #6 Plaintiffs' Proposed Verdict Forms, #7 Defendants Proposed Verdict Forms, #8 Plaintiffs' Additional Requested Voir Dire, #9 Table of Contents)(Bertrand, Joy) |
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Filing 108
ORDER signed by Judge J P Stadtmueller on 8/10/2022. #95 Defendants' Motion for Summary Judgment is DENIED. #100 Plaintiffs' Amended Motion for Summary Judgment is DENIED. Defendants John Does 1-3 and Jane Does 1-3 are DISMISSED from this action. James MacGillis to be SUBSTITUTED as a Defendant for Barry Weber. See Order. (cc: all counsel)(jm)
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| Filing 107 MOTION to Exclude Brian Landers by All Defendants. (Attachments: #1 Exhibit A Landers' Deposition, #2 Exhibit B Landers' Supplement)(Baynard, Jasmyne) |
| Filing 106 MOTION in Limine by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Attachments: #1 Exhibit A- Email Thread, #2 Exhibit B- Plaintiffs' Discovery Responses, #3 Exhibit C-Email Thread with Counsel for Plaintiffs, #4 Exhibit D-Plaintiffs' Seventh Supplemental Disclosure, #5 Exhibit E-Plaintiff's Additional Proposed Facts, #6 Exhibit F-Email Thread re Lowe)(Zellner, Kiley) |
| Filing 105 Stipulated MOTION in Limine to bar Plaintiff expert Lisa Hanson by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Zellner, Kiley) |
| Filing 104 RESPONSE to Motion filed by All Plaintiffs re #95 MOTION for Summary Judgment with Request for Oral Arguments. (Bertrand, Joy) Modified on 8/3/2022 (rcm). |
| Filing 103 STATEMENT OF FACT by All Plaintiffs (Statement of Disputed Facts). (Bertrand, Joy) |
| Filing 102 DECLARATION of Joy Bertrand (Attachments: #1 Exhibit 1 -- Appleton Post-Crescent Article, #2 Exhibit 2 -- Metropolitan Integration Research Center Study, #3 Exhibit 3 -- Statistical Analysis of Race and Ethnicity in Milwaukee County, #4 Exhibit 4 -- Statistical Analysis of Race and Ethnicity in the City of Milwaukee, #5 Exhibit 5 -- Center for Public Safety Management Report, #6 Exhibit 6 -- Defendant Weber Deposition Transcript, #7 Exhibit 7 -- Defendant Kaine Deposition Transcript, #8 Exhibit 8 -- Defendant Vetter deposition transcript, #9 Exhibit 9 -- Vetter 30(b)(6) deposition transcript, #10 Exhibit 10 -- Defendant Gabriel deposition transcript)(Bertrand, Joy) |
| Filing 101 Report from Parties -- Joint Settlement Report . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Bertrand, Joy) |
| Filing 100 AMENDED MOTION for Partial Summary Judgment by All Plaintiffs. (Bertrand, Joy) Modified on 7/26/2022 (bx). |
| Filing 99 MOTION for Summary Judgment (Partial) (Oral Argument Requested) by All Plaintiffs. (Bertrand, Joy) |
| Filing 98 DOCUMENT/FLASH DRIVE RECEIVED - to DKT. #94 Exhibits A, G, H to Declaration of Jasmyne M Banyard, and DKT. #93 Exhibits D and E to the Declaration of Barry Weber - (NOT AVAILABLE ON PACER; Exhibits contained on flash drive stored in Clerk's file, exhibits electronically stored.) (bx) |
| Filing 97 BRIEF in Support filed by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber re #95 MOTION for Summary Judgment . (Zellner, Kiley) |
| Filing 96 JOINT STATEMENT OF FACT by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber (Zellner, Kiley) |
| Filing 95 MOTION for Summary Judgment by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Zellner, Kiley) |
| Filing 94 DECLARATION of Jasmyne M. Baynard (Attachments: #1 Exhibit A Dispatch Recording, #2 Exhibit B CAD Report, #3 Exhibit C Vetter Depo Transcript of 02.23.2021, #4 Exhibit D Gabriel Depo Transcript, #5 Exhibit E Weber Depo Transcript, #6 Exhibit F Vetter Depo Transcript of 09.21.2020, #7 Exhibit G Dienhart Squad Dash Cam Video, #8 Exhibit H Gabriel Squad Dash Cam Video)(Zellner, Kiley) |
| Filing 93 DECLARATION of Barry Weber (Attachments: #1 Exhibit A WPD Probational Officer Training Task #47, #2 Exhibit B WPD Policy No. P 17-12, #3 Exhibit C WPD Policy No. P16-12 Use of Force, #4 Exhibit D Squad Video P241 Kaine Back Seat, #5 Exhibit E Squad Video Kaine Front Seat)(Zellner, Kiley) |
| Filing 92 DECLARATION of Luke G. Vetter (Zellner, Kiley) |
| Filing 91 DECLARATION of Derek Dienhart (Zellner, Kiley) |
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Filing 90
ORDER signed by Judge J P Stadtmueller on 7/11/2022 GRANTING in part #86 Defendants' Motion for Leave to File Dispositive Motions. The pending dates of #84 Trial Scheduling Order remain unchanged. Any response to a dispositive motion is due within 14 days after the motion is filed; any reply is due within 5 days after the response is filed. See Order. (cc: all counsel)(jm)
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| Filing 89 Minutes: Mediation Hearing held before Magistrate Judge Aaron E Goodstein on 7/7/22: Parties unable to resolve the case at this time. Magistrate Judge Goodstein indicated he is available to engage in further discussions with the parties if they wish. Case is returned to the assigned judge for continued case management. (kwb) |
| Filing 88 RESPONSE to Motion filed by All Plaintiffs re #86 Expedited MOTION to Compel . (Attachments: #1 Affidavit of Joy Bertrand, #2 Exhibit 1 -- Email Stream May 9 - June 2, 2022)(Bertrand, Joy) |
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Filing 87
ORDER REGARDING MEDIATION PROCEEDINGS signed by Magistrate Judge Aaron E Goodstein on 6/9/22. Mediation will be held before Magistrate Judge Aaron E Goodstein via Zoom on 7/7/22 from 10:00 AM until 1:00 PM central time. Court staff will email counsel in advance with the Zoom access information. Mediation statements due via email no later than 6/29/22 at 2:00 PM. See Order for additional information and filing requirements. (cc: all counsel)(kwb)
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| Filing 86 Expedited MOTION to Compel by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Attachments: #1 Declaration of Zellner, #2 Exhibit A-Emails, #3 Exhibit B-Proposed Facts)(Zellner, Kiley) |
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TEXT ONLY ORDER by Judge J P Stadtmueller on 6/3/2022. Upon consideration of #85 Plaintiffs' unopposed request for referral to a magistrate judge for mediation, the Court GRANTS the request. The matter is referred to Magistrate Judge Aaron E Goodstein to schedule and conduct mediation. (cc: all counsel)(jm)
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| Filing 85 REQUEST by All Plaintiffs for Referral to Magistrate Judge for Mediation. (Attachments: #1 Text of Proposed Order)(Bertrand, Joy) |
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Filing 84
TRIAL SCHEDULING ORDER signed by Judge J.P. Stadtmueller on 5/26/2022. Final Settlement Report due by 8/1/2022; Motions in Limine and Rule 702 Motions due by 8/8/2022; Final/Joint Pretrial Report due by 2:00 PM on 8/10/2022. Final Pretrial Conference set for 8/16/2022 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. Jury Trial set for 8/22/2022 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. See Order. (cc: all counsel) (ATS)
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Filing 83
ORDER signed by Judge J P Stadtmueller on 5/6/2022: DENYING #74 Defendants' Motion for Sanctions and Dismissal and DENYING #80 and #82 Plaintiffs' Motions in Limine. See Order. (cc: all counsel)(jm)
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| NOTICE of Electronic Filing Error re #82 MOTION filed by Paulette H Barr, Akil K Carter, Sandra K Adams ; The incorrect event was chosen; The event should reflect the title of the document i.e if the title of the document is Motion, the filer should pick the Motion event; This document does 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 (bx) |
| Filing 82 MOTION in Limine REPLY BRIEF in Support filed by All Plaintiffs re #80 MOTION in Limine to Preclude All Statements Attributed to Carl Anderson . (Attachments: #1 Exhibit 1 -- Lisa Hanson Declaration and Attachments, #2 Exhibit 2 -- Defense Responses to Plaintiffs' Document Requests)(Bertrand, Joy) Modified on 4/8/2022 (bx). |
| Filing 81 RESPONSE to Motion filed by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber re #80 MOTION in Limine to Preclude All Statements Attributed to Carl Anderson . (Zellner, Kiley) |
| Filing 80 MOTION in Limine to Preclude All Statements Attributed to Carl Anderson by All Plaintiffs. (Attachments: #1 Exhibit 1 -- First Milwaukee County Circuit Court document, #2 Exhibit 2 -- Second Milwaukee County Circuit Court Document, #3 Document Examiner Report)(Bertrand, Joy) |
| Filing 79 REPLY BRIEF in Support filed by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber re #74 MOTION for Sanctions MOTION to Dismiss . (Zellner, Kiley) |
| Filing 78 RESPONSE to Motion filed by All Plaintiffs re #74 MOTION for Sanctions MOTION to Dismiss . (Attachments: #1 January 11, 2022 Letter to Defense Counsel, #2 Defendant Kaine Deposition, #3 Email Stream Regarding Declaration, #4 Redacted Mortgage Document for Anderson, #5 Redacted Bankruptcy Document for Anderson)(Bertrand, Joy) |
| NOTICE of Electronic Filing Error re #74 MOTION for Sanctions MOTION to Dismiss filed by City of Wauwatosa, Nicole Gabriel, Derek Dienhart ; When filing motions which contain multiple parts the filer should select all applicable parts from the motion event list; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (rcm) |
| Filing 77 DECLARATION of Kiley B. Zellner In Support of Motion for Sanctions and Dismissal (Attachments: #1 Exhibit A - Emails, #2 Exhibit B - Undisputed Facts, #3 Exhibit C - Emails, #4 Exhibit D - Stipulated Facts, #5 Exhibit E - Email of January 10 2022, #6 Exhibit F - Letter to Bertrand, #7 Exhibit G - Letter from Bertrand, #8 Exhibit H - Reply Letter to Bertrand, #9 Exhibit I - Rule 26(a) Initial Disclosures, #10 Exhibit J - Discovery Responses)(Zellner, Kiley) |
| Filing 76 DECLARATION of Jasmyne M. Baynard In Support of Motion for Sanctions and Dismissal (Attachments: #1 Exhibit A - Email)(Zellner, Kiley) |
| Filing 75 BRIEF in Support filed by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber re #74 MOTION for Sanctions . (Zellner, Kiley) |
| Filing 74 MOTION for Sanctions and Dismissal by City of Wauwatosa, Derek Dienhart, Nicole Gabriel. (Zellner, Kiley). Added MOTION to Dismiss on 1/24/2022 (rcm). |
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Filing 73
ORDER signed by Judge J.P. Stadtmueller on 1/6/2022. The parties are to submit a joint letter addressing whether they are able to comply with #72 the Court's COVID-19 order. See Order for details. (cc: all counsel) (cl)
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Filing 72
ORDER signed by Judge J P Stadtmueller on 1/6/2022 regarding the Courts COVID-19 safety protocols. All persons physically present before Judge J.P. Stadtmueller must be fully vaccinated against the COVID-19 virus and provide proof as such. See Order for details. (cc: all counsel)(cl)
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| Filing 71 NOTICE by All Plaintiffs of Service of Offer of Judgment (Bertrand, Joy) |
| Filing 70 Minute Entry for proceedings held before Judge J.P. Stadtmueller: Scheduling Conference held on 11/18/2021. (Court Reporter John Schindhelm) (cl) |
| Filing 69 RESPONSE filed by All Plaintiffs re #68 Letter (Bertrand, Joy) |
| NOTICE of Hearing: Status Conference set for 11/18/2021 at 9:30 AM by telephone before Judge J.P. Stadtmueller. The court will initiate the call. No later than 12:00 PM the day prior to the hearing, counsel shall notify chambers at 414-297-1102 of the direct telephone number at which they may be reached. (cc: all counsel) (cl) |
| Filing 68 LETTER from Kiley B. Zellner Regarding Case Status. (Zellner, Kiley) |
| Filing 67 NOTICE of Appearance by Kiley Beth Zellner on behalf of City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. Attorney(s) appearing: Kiley B. Zellner (Zellner, Kiley) |
| Filing 66 LETTER from Ann C. Wirth . (Wirth, Ann) |
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Filing 65
ORDER signed by Judge J P Stadtmueller on 9/28/2021. 28 Motion for Summary Judgment is DENIED without prejudice ; #37 Motion for Partial Summary Judgment is DENIED without prejudice. IT IS FURTHER ORDERED that the motions to seal or restrict documents related to the litigation (Dkt #41 , #42 , #61 ) are DENIED without prejudice. IT IS FURTHER ORDERED that the parties may file a letter indicating which documents they wish to retract no later than Tuesday, October 12, 2021. IT IS FURTHER ORDERED that if no letter is filed by Tuesday, October 12, 2021, the Clerk of Court is ordered to UNSEAL all documents contemplated in (Docket #41, #42, #61). IT IS FURTHER ORDERED that Plaintiffs counsels #63 motion to restrict is GRANTED; and IT IS FURTHER ORDERED that Plaintiffs counsels #64 motion for another extension of time is DENIED as moot. See Order. (cc: all counsel)(bx)
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| Filing 64 MOTION for Extension of Time to File Response to the Defendants' Summary Judgment Motion to September 19, 2021 (Response Filed Instanter) by All Plaintiffs. (Attachments: #1 Text of Proposed Order)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Bertrand, Joy) |
| Filing 63 MOTION to Seal the Motion to Extend Time to File Plaintiff's Response to the Defendants' Motion for Summary Judgement by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Bertrand, Joy) Modified on 9/20/2021 (bx). |
| Filing 62 ORIGINAL DOCUMENT -Transcript of Carl Anderson Deposition This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Bertrand, Joy) Modified on 9/20/2021 (bx). |
| Filing 61 MOTION to Seal Transcript of Carl Anderson's Deposition by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Bertrand, Joy) Modified on 9/20/2021 (bx). |
| Filing 60 RESPONSE to Motion filed by All Plaintiffs re 28 MOTION for Summary Judgment . (Bertrand, Joy) |
| Filing 59 DECLARATION of Joy Bertrand (Attachments: #1 Exhibit 3 -- Derek Dienhart Deposition Transcript, #2 Exhibit 4 -- May 4, 2021 John Doe Hearing Transcript, #3 Exhibit 5 -- Brian Landers' September 14, 2021 Report, #4 Exhibit 6 -- February 25, 2021 John Doe Hearing Transcript)(Bertrand, Joy) |
| Filing 58 RESPONSE filed by All Plaintiffs re 30 Proposed Findings of Fact (Attachments: #1 Exhibit 1 -- Defendants' Response to Plaintiffs' First Set of Document Demands, #2 Exhibit 2 -- Carl Anderson Deposition Transcript (Filed Under Seal))(Bertrand, Joy) |
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TEXT ONLY ORDER by Judge J P Stadtmueller on 9/17/2021. Upon consideration of #57 Plaintiffs' Motion for Extension of Time to file a response, the Court GRANTS the motion. Plaintiffs have until 9/17/2021 to file response. (cc: all counsel) (cl)
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| Filing 57 MOTION for Extension of Time by All Plaintiffs. (Attachments: #1 Proof of OnStar Service Request, #2 Text of Proposed Order)(Bertrand, Joy) |
| Filing 56 LETTER from Ann C. Wirth . (Wirth, Ann) |
| Filing 55 WITHDRAWN; Pursuant to DKT. #65 - #66 . RESPONSE to Motion filed by All Defendants re #37 MOTION for Partial Summary Judgment . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Wirth, Ann) Modified on 10/13/2021 (bx). |
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Filing 54
ORDER signed by Judge J P Stadtmueller on 8/16/2021 GRANTING: #49 Plaintiffs' Fourth Motion for Extension of Time and #52 Plaintiffs' Motion to Seal. By 8/27/2021, parties to meet and confer re an agreed upon statement of facts. By 9/15/2021, Plaintiffs to FILE response to 28 Defendants' Motion for Summary Judgment and reply in support of #37 Plaintiffs' Motion for Summary Judgment. See Order. (cc: all counsel)(jm)
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| Filing 53 SUPPLEMENT by All Plaintiffs . (Attachments: #1 Letter from Plaintiffs' Counsel's Medical Providers)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Bertrand, Joy) |
| Filing 52 MOTION to Seal Document by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Bertrand, Joy) |
| Filing 51 REPLY BRIEF in Support filed by All Plaintiffs re #49 MOTION for Extension of Time . (Bertrand, Joy) |
| Filing 50 RESPONSE to Motion filed by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber re #49 MOTION for Extension of Time . (Baynard, Jasmyne) |
| Filing 49 MOTION for Extension of Time by All Plaintiffs. (Attachments: #1 Text of Proposed Order, #2 July 1, 2021 off work order, #3 June 9, 2021 off work order)(Bertrand, Joy) |
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TEXT ONLY ORDER by Judge J.P. Stadtmueller on 6/22/2021. Upon consideration of Plaintiff's unopposed motion to extend time to file an opposition to Defendant's motion for summary judgment, (Docket #48), the motion is hereby GRANTED. Plaintiff shall receive a forty-five (45) day extension in which to file the opposition, which must be filed no later than August 16, 2021. Fed. R. Civ. P. 6(a)(1)(C). (cc: all counsel)(cl)
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| Filing 48 Unopposed MOTION for Extension of Time by All Plaintiffs. (Attachments: #1 June 9, 2021 Off Work Order, #2 May 13, 2021 Off Work Order, #3 Text of Proposed Order)(Bertrand, Joy) |
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TEXT ONLY ORDER signed by Judge J P Stadtmueller on 5/24/2021. Upon consideration of Plaintiffs' motion for extension of time #47 , IT IS ORDERED that the motion is GRANTED and Plaintiffs' deadline to file a response to Defendant's motion for summary judgment and Plaintiffs' reply brief is extended to June 30, 2021. (cc: all counsel)(TG)
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| Filing 47 Second MOTION for Extension of Time by Sandra K Adams, Paulette H Barr, Akil K Carter. (Attachments: #1 May 13, 2021 Primary Care Physician Off Work Order, #2 April 29, 2021 Primary Care Physician Off Work Order, #3 April 24, 2021 Emergency Room Off Work Order, #4 Text of Proposed Order)(Bertrand, Joy) |
| NOTICE of Electronic Filing Error re 46 Response to Motion, 45 Response to Motion, 43 Brief in Opposition to Motion, filed by John Does 1-3, Barry Weber, Jane Does 1-3, City of Wauwatosa, Nicole Gabriel, Derek Dienhart, Patrick Kaine, Luke Vetter ; All attachments to documents should include a brief description of the attachment - Ex A - Initial Contract, Ex B - Doe Deposition, Ex C - 2006 Sales Figures, etc. This document does not need to be refiled.The incorrect events were chosen for these three filings. When e-filing please choose the event that closely matches the document, for example if the document is a Declaration, the filer should have selected the Declaration event; These documents do not need to be re-filed. In the future, please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (bx) |
| Filing 46 WITHDRAWN; Pursuant to DKT. #65 - #66 . DECLARATION of Ann Wirth RESPONSE to Motion filed by All Defendants re #37 MOTION for Partial Summary Judgment Declaration of Ann C. Wirth. (Attachments: # 1 Wirth Declaration Exhibit 1, # 2 Wirth Declaration Exhibit 2)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Wirth, Ann) Modified on 5/10/2021 (bx). Modified on 10/13/2021 (bx). |
| Filing 45 WITHDRAWN; Pursuant to DKT. #65 - #66 . PROPOSED Findings of Fact In Support RESPONSE to Motion filed by All Defendants re #37 MOTION for Partial Summary Judgment This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Wirth, Ann) Modified on 5/10/2021 (bx). Modified on 10/13/2021 (bx). |
| Filing 44 WITHDRAWN; Pursuant to DKT. #65 - #66 . RESPONSE to Motion filed by All Defendants re #37 MOTION for Partial Summary Judgment Response to Plaintiffs' Statement of Fact. This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Wirth, Ann) Modified on 10/13/2021 (bx). |
| Filing 43 WITHDRAWN; Pursuant to DKT. #65 - #66 . PROPOSED Findings of Fact In Support BRIEF in Opposition filed by All Defendants re #37 MOTION for Partial Summary Judgment . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Wirth, Ann) Modified on 5/10/2021 (bx). Modified on 10/13/2021 (bx). |
| Filing 42 MOTION to Restrict Document by All Defendants. (Wirth, Ann) Modified on 10/13/2021 (bx). |
| Filing 41 Emergency MOTION to Seal Record (Dkts. 28-36) by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Wirth, Ann) |
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TEXT ONLY ORDER signed by Judge J P Stadtmueller on 4/15/2021. Upon consideration of Plaintiffs' motion for an extension to file a response to the Defendants' summary judgment #40 , IT IS ORDERED THAT the motion is GRANTED. Plaintiffs' summary judgment response is now due May 31, 2021.(cc: all counsel)(TG)
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| Filing 40 MOTION for Extension of Time to File Response to the Defendants' Summary Judgment Motion by Sandra K Adams, Paulette H Barr, Akil K Carter. (Attachments: #1 Declaration of Joy Bertrand, #2 Text of Proposed Order)(Bertrand, Joy) |
| Filing 39 WITHDRAWN; Pursuant to DKT. #65 - #66 . DOCUMENT/FLASH DRIVE RECEIVED from City of Wauwatosa, Derek Dienhart, Nicole Gabriel - located in Clerk's Office. (bx) Modified on 10/13/2021 (bx). |
| Filing 38 STATEMENT OF FACT by Sandra K Adams, Paulette H Barr, Akil K Carter . (Bertrand, Joy) |
| Filing 37 MOTION for Partial Summary Judgment and REQUEST for oral argument by Sandra K Adams, Paulette H Barr, Akil K Carter. (Bertrand, Joy) Modified on 4/2/2021 (rcm). |
| Filing 36 WITHDRAWN; Pursuant to DKT. #65 - #66 . DECLARATION of Jasmyne M. Baynard (Attachments: # 1 Baynard Declaration Exhibit A - Deposition Transcript of Patrick Kaine taken on 02/23/2021, # 2 Baynard Declaration Exhibit B - Dispatch Recording from 09/02/2018, # 3 Baynard Declaration Exhibit C - Call Detail Report from 09/02/2018, # 4 Baynard Declaration Exhibit D - Deposition Transcript of Luke Vetter taken on 02/23/2021, # 5 Baynard Declaration Exhibit E - Deposition Transcript of Nicole Gabriel taken on 02/24/2021, # 6 Baynard Declaration Exhibit F - Deposition Transcript of Barry Weber taken on 02/25/2021, # 7 Baynard Declaration Exhibit G - Deposition Transcript of Luke Vetter taken on 09/21/2020)(Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 35 WITHDRAWN; Pursuant to DKT. #65 - #66 . DECLARATION of Derek Dienhart (Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 34 WITHDRAWN; Pursuant to DKT. #65 - #66 . DECLARATION of Barry Weber (Attachments: # 1 Weber Declaration Exhibit A - Probationary Officer Training Task #47, # 2 Weber Declaration Exhibit B - Policy No. P 17-12, # 3 Weber Declaration Exhibit C - Policy No. P16-12, # 4 Weber Declaration Exhibit D - P241 Kaine Back Seat - Submitted to Court on flashdrive, # 5 Weber Declaration Exhibit E - P241 Kaine Front - Submitted to Court on flashdrive)(Baynard, Jasmyne)Modified on 10/13/2021 (bx). |
| Filing 33 WITHDRAWN; Pursuant to DKT. #65 - #66 . DECLARATION of Patrick J. Kaine (Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 32 WITHDRAWN; Pursuant to DKT. #65 - #66 . DECLARATION of Luke G. Vetter (Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 31 WITHDRAWN; Pursuant to DKT. #65 - #66 . DECLARATION of Carl Anderson (Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 30 WITHDRAWN; Pursuant to DKT. #65 - #66 . Proposed Findings of Fact by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber (Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 29 WITHDRAWN; Pursuant to DKT. #65 - #66 . BRIEF in Support filed by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber re 28 MOTION for Summary Judgment . (Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 28 WITHDRAWN; Pursuant to DKT. #65 - #66 . MOTION for Summary Judgment by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Baynard, Jasmyne) Modified on 10/13/2021 (bx). |
| Filing 27 NOTICE by Sandra K Adams, Paulette H Barr, Akil K Carter of Service of Discovery -- Fourth Supplemental Disclosure Statement (Bertrand, Joy) |
| Filing 26 NOTICE of Appearance by Kyle R Moore on behalf of City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. Attorney(s) appearing: Kyle R. Moore, Ann C. Wirth, Gregg J. Gunta, Jasmyne M. Baynard (Moore, Kyle) |
| Filing 25 Parties' Interim Settlement Report . (Bertrand, Joy) Modified on 3/1/2021 (bx). |
| Filing 24 NOTICE by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber of Withdrawal of Counsel (Wirth, Ann) |
| Filing 23 NOTICE by Sandra K Adams, Paulette H Barr, Akil K Carter of Service of Discovery -- Deposition Notices (Bertrand, Joy) |
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Filing 22
ORDER signed by Judge J P Stadtmueller on 11/24/2020. #21 Parties' Stipulation to Extend Deadlines is ADOPTED in part. Deadlines of #20 Court's Order are AMENDED as follows: Interim Settlement Report now due by 2/16/2021; Dispositive Motions now due by 3/31/2021; and Final Settlement Report now due by 5/21/2021. See Order. (cc: all counsel)(jm)
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| Filing 21 JOINT STIPULATION to Extend Scheduling Order by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Wolfgang, John) |
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Filing 20
ORDER signed by Judge J P Stadtmueller on 9/24/2020. #19 Parties' Stipulation to Extend Deadlines is ADOPTED in part. Deadlines of #17 Court's Order are AMENDED as follows: Interim Settlement Report now due by 11/16/2020; Dispositive Motions now due by 12/1/2020; Final Settlement Report now due by 2/22/2021. Deadlines of #17 Court's Order for motions in limine and Daubert motions are VACATED. See Order. (cc: all counsel)(jm)
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| Filing 19 STIPULATION (Joint) to Extend Scheduling Order by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Wolfgang, John) |
| Filing 18 STIPULATION to Protective Order by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Bertrand, Joy) |
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Filing 17
ORDER signed by Judge J P Stadtmueller on 5/1/2020. #16 Parties' Joint Motion for Extension of Time is GRANTED. Specified deadlines of #12 Trial Scheduling Order are AMENDED as follows: Interim Settlement Report now due by 9/22/2020; Dispositive Motions now due by 9/29/2020; Final Settlement Report now due by 12/21/2020; and Motions in Limine and Daubert Motions now due by 12/26/2020. Following dates of #12 Trial Scheduling Order are VACATED pending further order of the Court: final joint pretrial report deadline, final pretrial conference, and jury trial. See Order. (cc: all counsel)(jm)
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| Filing 16 Joint MOTION for Extension of Time to File Dispositive Motions and Pretrial Submissions, MOTION to Continue Jury Trial by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Bertrand, Joy) |
| Filing 15 NOTICE by All Plaintiffs of Service of Discovery Propounded on Defendants (Bertrand, Joy) |
| Filing 14 NOTICE by All Plaintiffs of Service of Discovery Propounded on Defendants (Bertrand, Joy) |
| Filing 13 CERTIFICATE of Service as to Initial Disclosures by Sandra K Adams, Paulette H Barr, Akil K Carter. (Bertrand, Joy) Modified on 11/26/2019 (asc). |
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Filing 12
TRIAL SCHEDULING ORDER signed by Judge J.P. Stadtmueller on 10/25/2019. Interim Settlement Report due by 5/25/2020; Dispositive Motions due by 6/1/2020; Final Settlement Report due by 8/24/2020; Motions in Limine and Daubert Motions due by 8/28/2020; Final/Joint Pretrial Report due by 2:00 PM on 9/2/2020. Final Pretrial Conference set for 9/8/2020 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. Jury Trial set for 9/14/2020 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. See Order. (cc: all counsel)(nb)
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| Filing 11 Minute Entry for proceedings held before Judge J. P. Stadtmueller: Scheduling Conference held on 10/25/2019. (Court Reporter Susan Armbruster) (nb) |
| Filing 10 REPORT of Rule 26(f) Plan by Sandra K Adams, Paulette H Barr, Akil K Carter. (Attachments: #1 Text of Proposed Order)(Bertrand, Joy) |
| Filing 9 NOTICE of Hearing: Scheduling Conference set for 10/25/2019 at 9:00 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller. Joint Rule 26 Plan due by 10/22/2019. (cc: all counsel)(jm) |
| Filing 8 Magistrate Judge Jurisdiction Form filed by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Gunta, Gregg) |
| Filing 7 NOTICE of Appearance by Jasmyne M Baynard on behalf of City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. Attorney(s) appearing: Jasmyne M. Baynard, Gregg J. Gunta, John A. Wolfgang and Ann C. Wirth (Baynard, Jasmyne) |
| Filing 6 NOTICE of Appearance by Gregg J Gunta on behalf of City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. Attorney(s) appearing: Gregg J. Gunta, John A. Wolfgang, Ann C. Wirth and Jasmyne M. Baynard (Gunta, Gregg) |
| Filing 5 NOTICE of Appearance by Ann C Wirth on behalf of City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. Attorney(s) appearing: Ann C. Wirth, Gregg J. Gunta, John A. Wolfgang and Jasmyne M. Baynard (Wirth, Ann) |
| Filing 4 ANSWER to Complaint With Affirmative Defenses by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber.(Wolfgang, John) |
| Filing 3 DISCLOSURE Statement by City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. (Wolfgang, John) |
| Filing 2 NOTICE of Appearance by John A Wolfgang on behalf of City of Wauwatosa, Derek Dienhart, Nicole Gabriel, Patrick Kaine, Luke Vetter, Barry Weber. Attorney(s) appearing: John A. Wolfgang, Gregg J. Gunta, Ann C. Wirth and Jasmyne M. Baynard (Wolfgang, John) |
| Filing 1 NOTICE OF REMOVAL by Patrick Kaine, Luke Vetter, Derek Dienhart, Nicole Gabriel, City of Wauwatosa, Barry Weber from Milwaukee County Circuit Court, Case Number: 2019cv006180 with attached state court documents. (Filing Fee PAID $400 receipt number AWIEDC-3233255) (Attachments: #1 Summons, #2 Complaint, #3 Civil Cover Sheet)(Wolfgang, John) |
| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website (jcl) |
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