Vieth v. Palmer et al
| Nathan Alan Vieth |
| Shawn McGregor, Donald Palmer, Chris Krueger, Randall R Hepp, Elizabeth Boomsma, Mark Schomisch, Brian Schueler and Jason Rhode |
| 2:2021cv00635 |
| May 21, 2021 |
| US District Court for the Eastern District of Wisconsin |
| Stephen C Dries |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on June 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Lang, David) |
| SECOND NOTICE from the clerk to plaintiff requesting that the Consent/Refusal form to Magistrate Judge Stephen C. Dries be filed within 14 days; the form is available #here. SECOND NOTICE to all parties: 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. (amb) |
| Filing 36 Magistrate Judge Jurisdiction Form filed by Elizabeth Boomsma, Randall R Hepp, Chris Krueger, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Paulson, Rebecca) |
| Filing 35 Case transferred in from District of Wisconsin Western; Case Number 3:20-cv-01114. Original file certified copy of transfer order and docket sheet received. |
Filing 34
** TEXT ONLY ORDER **Defendants have moved to dismiss this case under 28 U.S.C. 1406(a) for improper venue or, in the alternative, transfer it to the United States District Court for the Eastern District of Wisconsin. Dkt. #24 . Plaintiff Nathan Veith agrees that venue is improper in this court. Dkt. #30 . He asks the court to transfer this case to the Eastern District rather than dismiss it to avoid running afoul of the applicable statute of limitations. The court agrees with Veith that transfer, not dismissal, is in the interest of justice. The court will grant defendants' motion in part by transferring this case to the Eastern District. The remainder of defendants' motion is denied. Signed by District Judge James D. Peterson on 5/21/2021. (jls) [Transferred from wiwd on 5/21/2021.]
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| NOTICE Regarding assignment of this matter to Magistrate Judge Stephen C Dries; Consent/refusal forms for Magistrate Judge Dries 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) |
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Filing 33
** TEXT ONLY ORDER **ORDER granting #28 Motion to Withdraw as Attorney. Attorney Rebecca Ann Paulson withdrawn as counsel for Defendant Christopher Kruger. Signed by Magistrate Judge Stephen L. Crocker on 5/13/2021. (rks) [Transferred from wiwd on 5/21/2021.]
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| Filing 32 Status Report Joint Initial by Defendants Elizabeth Boomsma, Randall R. Hepp, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Judge update in case. Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) [Transferred from wiwd on 5/21/2021.] |
| Filing 31 Declaration of David J. Lang filed by Plaintiff Nathan Vieth re: #24 Motion to Dismiss, (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 30 Brief in Opposition by Plaintiff Nathan Vieth re: #24 Motion to Dismiss, filed by Elizabeth Boomsma, Donald Palmer, Mark Schomisch, Brian Schueler, Jason Rhode, Shawn McGregor, Randall R. Hepp (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 29 Declaration of Rebecca A. Paulson filed by Defendants Elizabeth Boomsma, Randall R. Hepp, Chris Krueger, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler re: #28 Motion to Withdraw as Attorney (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Filing 28 Motion to Withdraw as Attorney by Defendants Elizabeth Boomsma, Randall R. Hepp, Chris Krueger, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler. Response due 5/17/2021. (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 5/19/2021 at 01:30 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] (jls) [Transferred from wiwd on 5/21/2021.] |
| Action Requested: If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 5/10/2021. (lak) [Transferred from wiwd on 5/21/2021.] |
| Filing 27 Notice of Appearance Amended filed by Rebecca Ann Paulson for Defendants Elizabeth Boomsma, Randall R. Hepp, Chris Krueger, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler. (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Filing 26 ANSWER with Jury Demand by Defendants Elizabeth Boomsma, Randall R. Hepp, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler. (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Filing 25 Declaration of Rebecca A. Paulson filed by Defendants Elizabeth Boomsma, Randall R. Hepp, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler re: #24 Motion to Dismiss, (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Filing 24 MOTION TO DISMISS or Transfer Venue by Defendants Elizabeth Boomsma, Randall R. Hepp, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler. Brief in Opposition due 5/10/2021. Brief in Reply due 5/20/2021. (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Filing 23 Notice of Appearance filed by Rebecca Ann Paulson for Defendants Elizabeth Boomsma, Randall R. Hepp, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, Brian Schueler. (Paulson, Rebecca) [Transferred from wiwd on 5/21/2021.] |
| Filing 22 Affidavit of Service by Plaintiff. Donald Palmer served on 4/8/2021, answer due 4/29/2021. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 21 Affidavit of Service by Plaintiff. Shawn McGregor served on 4/9/2021, answer due 4/30/2021. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 20 Affidavit of Service by Plaintiff. Jason Rhode served on 4/5/2021, answer due 4/26/2021. (Lang, David) Modified on 4/12/2021: Served 4/7/2021, not 4/5/2021. (lak) [Transferred from wiwd on 5/21/2021.] |
| Filing 19 Waiver of Service Returned Executed by Defendant Mark Schomisch. Mark Schomisch waiver sent on 4/9/2021, answer due 6/8/2021. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
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Filing 18
** TEXT ONLY ORDER **Good cause having been shown for a very brief second extension of plaintiff's service deadline, the deadline is extended to April 15, 2021. Plaintiff should not expect another extension of this deadline. Signed by Magistrate Judge Stephen L. Crocker on 4/7/2021. (jls) [Transferred from wiwd on 5/21/2021.]
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| Filing 17 Affidavit of Service by Plaintiff. Elizabeth Boomsma served on 3/30/2021, answer due 4/20/2021. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 16 Affidavit of David J. Lang filed by Plaintiff Nathan Vieth re: #15 MOTION for Extension of Time (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 15 Second Motion for Extension of Time to Serve Complaint by Plaintiff Nathan Vieth. Response due 4/6/2021. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 14 Affidavit of Service by Plaintiff. Brian Schueler served on 3/29/2021, answer due 4/19/2021. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 13 Affidavit of Service by Plaintiff. Randall R. Hepp served on 3/29/2021, answer due 4/19/2021. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
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Filing 12
** TEXT ONLY ORDER **Good cause having been shown, plaintiff's request to extend his time to serve defendants is granted. Signed by Magistrate Judge Stephen L. Crocker on 3/19/2021. (jls) [Transferred from wiwd on 5/21/2021.]
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| Filing 11 Motion for Extension of Time to Serve Complaint by Plaintiff Nathan Vieth. Response due 3/25/2021. (Attachments: #1 Exhibit Affidavit in Support of Motion for Extension) (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 10 Summons Issued as to Elizabeth Boomsma, Randall R. Hepp, Chris Krueger, Shawn McGregor, Donald Palmer, Jason Rhode, Mark Schomisch, and Brian Schueler. (jls) [Transferred from wiwd on 5/21/2021.] |
| Filing 9 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 8 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 7 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 6 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 5 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 4 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 3 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Filing 2 Request for Issuance of Summons by Plaintiff Nathan Vieth. (Lang, David) [Transferred from wiwd on 5/21/2021.] |
| Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jls) [Transferred from wiwd on 5/21/2021.] |
| 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 Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (jls) [Transferred from wiwd on 5/21/2021.] |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number 0758-2799414.), filed by Nathan Vieth, (Attachments: #1 JS-44 Civil Cover Sheet) (Lang, David) Modified on 12/17/2020: Deleted address of plaintiff. (lak)[Transferred from wiwd on 5/21/2021.] |
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