Federal Manufacturing LLC v. Serac Inc
Plaintiff: Federal Manufacturing, LLC and Federal Manufacturing LLC
Defendant: Serac Inc and Matthew Wanat
Case Number: 2:2021cv00997
Filed: August 25, 2021
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: Stephen C Dries
Referring Judge: Brett H Ludwig
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2021 Filing 15 Magistrate Judge Jurisdiction Form filed by Matthew Wanat. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Kallie, Jaclyn)
September 9, 2021 Filing 14 NOTICE of Appearance by Jaclyn Clair Kallie on behalf of Matthew Wanat. Attorney(s) appearing: Jaclyn C. Kallie (Kallie, Jaclyn)
August 27, 2021 Case directly assigned to Judge Brett H Ludwig. Related to pending case 21cv739. (kmm)
August 25, 2021 Filing 13 LETTER from the clerk to Matthew R Wanat re Consent/Refusal to Magistrate Judge Stephen C. Dries and requesting that the consent/refusal form be filed within 21 days. (bx)
August 25, 2021 Filing 12 LETTER from the clerk to Gary Vist re Attorney Admission and ECF registration - Consent/Refusal to Magistrate Judge Stephen C. Dries and requesting that the consent/refusal form be filed within 21 days. (bx)
August 25, 2021 Filing 11 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-04141. Original file certified copy of transfer order and docket sheet received.
August 25, 2021 NOTICE from the clerk to all parties requesting that the Consent/Refusal form to Magistrate Judge Stephen C. Dries be filed within 21 days; the form is available #here. (amb)
August 25, 2021 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. (bx)
August 24, 2021 Filing 10 TRANSFERRED to the Eastern District of Wisconsin, Milwaukee Division the electronic record (bg, ) [Transferred from ilnd on 8/25/2021.]
August 24, 2021 Opinion or Order Filing 9 ORDER: Objections to Magistrate Judge Fuentes's Report and Recommendation were due 8/23/2021. No objections were filed. After independent review, the court adopts Judge Fuentes's Report and Recommendation #7 , regarding Federal Manufacturing LLC's petition to enforce the subpoena #1 against respondent Serac, Inc. The court agrees with Judge Fuentes that exceptional circumstances exist to support immediate transfer of this matter to the Eastern District of Wisconsin, the court issuing the subpoena, under Federal Rule of Civil Procedure 45(f). These exceptional circumstances include the pending injunction proceedings in the Eastern District of Wisconsin, the greater familiarity in the issuing court with the facts and circumstances of the underlying matter including the relevance of the instant subpoena to the pending injunction proceedings and to the basis for emergency treatment of the enforcement request, and the greater ability of the issuing court to coordinate the timing of judicial resolution of the instant discovery dispute with the timing of the injunction proceedings. Accordingly, this matter shall be immediately transferred to the issuing court, the Eastern District of Wisconsin, Milwaukee Division, pursuant to Rule 45(f). Signed by the Honorable Martha M. Pacold on 8/24/2021. Mailed notice. (bg, ) [Transferred from ilnd on 8/25/2021.]
August 9, 2021 Filing 8 MINUTE entry before the Honorable Gabriel A. Fuentes: Petitioner is ordered further to serve counsel for Serac, Inc. with a copy of today's corrected report and recommendation (doc. #7 ) and to advise the judge presiding over the underlying matter in Eastern District of Wisconsin of the order. Mailed notice. (jj, ) [Transferred from ilnd on 8/25/2021.]
August 9, 2021 Filing 7 CORRECTED REPORT AND RECOMMENDATIONS regarding MOTION to enforce #1 :This matter coming before the magistrate judge on referral of petitioner's action to enforce subpoena (doc. #5 ) against respondent Serac, Inc., the Magistrate Judge has reviewed the Petition filed on 8/04/21 for emergency relief enforcing the subpoena (doc. #1 ) or in the alternative for immediate transfer of this matter to the Eastern District of Wisconsin under Fed. R. Civ. P. 45(f). Exceptional circumstances exist here to support immediate transfer of this matter to the Eastern District of Wisconsin, the Court issuing the subpoena, under Rule 45(f). These exceptional circumstances include the pending injunction proceedings including an 8/16/21 injunction hearing scheduled in the Eastern District of Wisconsin, the greater familiarity in the issuing court with the facts and circumstances of the underlying matter including the relevance of the instant subpoena to the pending injunction proceedings and to the basis for emergency treatment of the enforcement request, and the greater ability of the issuing court to coordinate the timing of judicial resolution of the instant discovery dispute with the timing of the injunction proceedings. Serac has not appeared in this Court, but Petitioner represents to the Court that Serac does not consent to transfer under Rule 45(f). Nonetheless, amid the foregoing exceptional circumstances, the Magistrate Judge recommends to the District Court that it immediately transfer this matter to the issuing court, namely the Eastern District of Wisconsin, Milwaukee Division. Fed. R. Civ. P. 45(f). Objections to R&R due by 8/23/2021. Signed by the Honorable Gabriel A. Fuentes on 8/9/2021. Mailed notice.(jj, ) [Transferred from ilnd on 8/25/2021.]
August 9, 2021 Filing 6 REPORT AND RECOMMENDATIONS regarding MOTION to enforce #1 : This matter coming before the magistrate judge on referral of petitioner's action to enforce subpoena (doc. #5 ) against respondent Serac, Inc., the Magistrate Judge has reviewed the Petition filed on 8/04/21 for emergency relief enforcing the subpoena (doc. #1 ) or in the alternative for immediate transfer of this matter to the Eastern District of Wisconsin under Fed. R. Civ. P. 45(f). Exceptional circumstances exist here to support immediate transfer of this matter to the Eastern District of Wisconsin, the Court issuing the subpoena, under Rule 45(f). These exceptional circumstances including the pending injunction proceedings including an 8/16/21 injunction hearing scheduled in the Eastern District of Wisconsin, the greater familiarity in the issuing court with the facts and circumstances of the underlying matter including the relevance of the instant subpoena to the pending injunction proceedings and to the basis for emergency treatment of the enforcement request, and the greater ability of the issuing court to coordinate the timing of judicial resolution of the instant discovery dispute with the timing of the injunction proceedings. Serac has not appeared in this Court, but Petitioner represents to the Court that Serac does not consent to transfer under Rule 45(f). Nonetheless, amid the foregoing exceptional circumstances, the Magistrate Judge recommends to the District Court that it immediately transfer this matter to the issuing court, namely the Eastern District of Wisconsin, Milwaukee Division. Fed. R. Civ. P. 45(f). Objections to R&R due by 8/23/2021. Signed by the Honorable Gabriel A. Fuentes on 8/9/2021. Mailed notice.(jj, ) [Transferred from ilnd on 8/25/2021.]
August 6, 2021 Filing 5 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: Plaintiff's Action to Enforce Subpoena #1 . (axc) Mailed notice. [Transferred from ilnd on 8/25/2021.]
August 6, 2021 Filing 4 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's Action to Enforce Subpoena #1 is referred to Magistrate Judge Fuentes. Mailed notice (axc). [Transferred from ilnd on 8/25/2021.]
August 4, 2021 ***Civil Case Terminated. (bg, ) [Transferred from ilnd on 8/25/2021.]
August 4, 2021 Filing 3 CIVIL Cover Sheet (Brenneman, Deborah) [Transferred from ilnd on 8/25/2021.]
August 4, 2021 Filing 2 ATTORNEY Appearance for Plaintiff Federal Manufacturing, LLC by Deborah S Brenneman (Brenneman, Deborah) [Transferred from ilnd on 8/25/2021.]
August 4, 2021 Filing 1 ACTION to enforce Subpoena by Federal Manufacturing, LLC Action to Enforce Subpoena Filing fee $ 49, receipt number 0752-18531650. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - July 8, 2021 Minutes, #3 Exhibit C - Subpoena to Produce Documents, #4 Exhibit D - Wanat Depo Excerpts, #5 Exhibit E - Serac July 19, 2019 Letter, #6 Exhibit F - Stipulated Protective Order, #7 Exhibit G - Emails and Inspection Protocol, #8 Civil Cover Sheet)(Brenneman, Deborah) Modified on 8/5/2021 (bg, ). [Transferred from ilnd on 8/25/2021.]
August 4, 2021 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jg, ) [Transferred from ilnd on 8/25/2021.]

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Plaintiff: Federal Manufacturing, LLC
Represented By: Anthony P McNamara
Represented By: Deborah S Brenneman
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Plaintiff: Federal Manufacturing LLC
Represented By: Deborah S Brenneman
Represented By: Anthony P McNamara
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Defendant: Serac Inc
Represented By: Gary Vist
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Defendant: Matthew Wanat
Represented By: Jaclyn Clair Kallie
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