Nickel, Theodore K. v. United States of America et al
| Theodore K. Nickel |
| United States of America, Ambac Financial Group, Inc. and Ambac Assurance Corporation |
| 3:2010cv00778 |
| December 8, 2010 |
| US District Court for the Western District of Wisconsin |
| Madison Office |
| Dane |
| Barbara B Crabb |
| Stephen L Crocker |
| Taxes |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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Filing 50
ORDER from USCA remanding case to District Court pursuant to Circuit Rule 57. Case reopened. No record to be returned. (Attachments: #1 USCA Mandate) (arw)
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Filing 49
ORDER vacating #36 ORDER on Motion to Remand for reasons stated in #48 MEMORANDUM entered on 7/10/2013. Signed by District Judge Barbara B. Crabb on 7/15/2013. (arw)
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| Filing 48 MEMORANDUM stating the court's inclination to vacate earlier opinions remanding cases 10-cv-778 and 11-cv-99 to the Dane County Circuit Court. Signed by District Judge Barbara B. Crabb on 7/10/2013. (arw) (Additional attachment(s) added on 7/15/2013: #1 Cover Letter to the Seventh Circuit) (arw) |
| Filing 47 Declaration of Hilarie Snyder filed by Defendant United States of America re: #46 Motion for Miscellaneous Relief (Attachments: #1 Exhibit A, 7th Circuit Order, #2 Exhibit B, Bankruptcy Court Order, #3 Exhibit C, Settlement Agreement, #4 Exhibit D, USA's Motion in 7th Circuit) (Snyder, Hilarie) |
| Filing 46 Unopposed Motion for Indication that the Court is Inclined to Grant Motion to Vacate Orders by Defendant United States of America. Response due 6/17/2013. (Snyder, Hilarie) |
| Filing 45 Notice of Withdrawal of Counsel by Barbara A. Neider re: Defendant Ambac Assurance Corporation (Neider, Barbara) |
| Filing 44 Notice of Withdrawal of Counsel by Henry J. Ricardo as to Defendant Ambac Assurance Corporation Notice of Withdrawal of Appearance of Emily L. Saffitz as counsel for Ambac Assurance Corporation. (Attachments: #1 Affirmation of Henry J. Ricardo in Support of Notice of Withdrawal of Appearance) (Ricardo, Henry) Modified on 2/27/2012. (arw) |
| Filing 43 Certified and Transmitted Record on Appeal to US Court of Appeals re #38 Notice of Appeal (Attachments: #1 Certificate) (mmo) |
| Filing 42 Acknowledgment of Receipt of Record by Dane County Circuit Court. (arw) |
| Filing 41 Record sent to Dane County Circuit Court. (arw) |
| Filing 40 Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to US Court of Appeals re #38 Notice of Appeal (Attachments: #1 Info Sheet, #2 Order, #3 Docket Sheet) (mmo) |
| Filing 39 Appeal Information Packet (mmo) |
| Filing 38 NOTICE OF APPEAL by Defendant United States of America as to #36 Order on Motion to Remand. Appeal filed by USA. No Docketing Statement filed. (Snyder, Hilarie) |
| Filing 37 Transcript of Motion Hearing, held 1/12/2011 before Judge Barbara B. Crabb. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
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Filing 36
ORDER granting #12 MOTION TO REMAND by Petitioner Theodore K. Nickel. Case remanded to the Circuit Court of Dane County for lack of subject matter jurisdiction. Signed by District Judge Barbara B. Crabb on 1/14/2011. (arw)
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| Filing 35 Notice by Plaintiff Sean Dilweg OF SUBSTITUTION OF PUBLIC OFFICERS. (Attachments: #1 Certificate of Service) (Van Sicklen, Michael) |
| Filing 34 Minute Entry for proceedings held before District Judge Barbara B. Crabb: Motion Hearing held on 1/13/2011 re: #12 MOTION TO REMAND filed by Sean Dilweg [1:41] (Court Reporter LS.). (voc) (voc). |
| Action Requested: Summons entered in wrong case, please disregard. (voc) |
| Filing 33 Notice of Appearance and Request for Service for Peter A. Ivanick, Richard W. Reinthaler, Henry J. Ricardo and Emily L. Saffitz filed by Daniel Warren Stolper for Defendant Ambac Assurance Corporation (Attachments: #1 Certificate of Service) (Stolper, Daniel) |
| Filing 32 Declaration of Robert J. Kovacev filed by Defendant United States of America re: #10 Motion to Dissolve Injunction Order, and Objections filed by United States of America (Snyder, Hilarie) |
| Filing 31 Brief in Reply in Support re: #10 Motion to Dissolve Injunction Order, and Objections filed by United States of America (Attachments: #1 Exhibit # 10, Secured Note, #2 Exhibit # 11, Comm'r Brief, #3 Exhibit # 12 Ambac Brief, #4 Exhibit # 13 SEC 10K) (Snyder, Hilarie) |
| Filing 30 Certificate of Service by Plaintiff Sean Dilweg (Van Sicklen, Michael) |
| Filing 29 Brief in Reply in Support re: #12 MOTION TO REMAND filed by Sean Dilweg (Van Sicklen, Michael) |
| Filing 28 Disregard-refiled as entry #33 ; Modified on 1/10/2011; asked to refile with "s/" signature on document matching filer name. (mmo). |
| Filing 27 Brief in Support re: #12 MOTION TO REMAND filed by Ambac Assurance Corporation. (Attachments: #1 Certificate of Service) (Stolper, Daniel) Modified event and filer on 1/7/2011. (arw) |
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Filing 26
** TEXT ONLY ORDER **ORDER granting #25 Motion to Admit Robert J. Kovacev Pro Hac Vice. Robert J. Kovacev admitted pro hac vice for the United States of America. Signed by Magistrate Judge Stephen L. Crocker on 1/4/2011. (arw)
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| Filing 25 Motion to Admit Robert J. Kovacev Pro Hac Vice by Defendant United States of America. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Certificate of Service) (Humphrey, Richard) |
| Filing 24 Declaration of Hilarie Snyder filed by Defendant United States of America in Support of Opposition re: #12 MOTION TO REMAND filed by Sean Dilweg (Snyder, Hilarie) |
| Filing 23 Brief in Opposition by Defendant United States of America re: #12 MOTION TO REMAND filed by Sean Dilweg (Attachments: #1 Exhibit A Declaration of H. Snyder, #2 Exhibit 5 Cooperation Agreement, #3 Exhibit 6 Leg History 645.04, #4 Exhibit 7 Leg History 645.45, #5 Exhibit 8 Order Rehabilitation, #6 Exhibit 9 Partial Remand Order) (Snyder, Hilarie) Modified on 1/3/2011; asked to refile only Declaration as a separate document. (mmo). |
| Filing 22 Certificate of Service by Plaintiff Sean Dilweg (Van Sicklen, Michael) |
| Filing 21 Brief in Opposition by Plaintiff Sean Dilweg re: #10 Motion to Dissolve Injunction Order, and Objections filed by United States of America (Attachments: #1 Exhibit 1 - December 16, 2010 Judge Johnston Letter To Dane County Clerk of Court, #2 Exhibit 2 - Ch. 89, Laws of 1967, S.B. 303, legis. cmt. (Aug. 4, 1967), #3 Exhibit 3 - Wis. Legis. Ref. Bureau, Bill Analysis, 1999 Reg. Sess. A.B. 551) (Van Sicklen, Michael) |
| Filing 20 Brief in Opposition by Defendant Ambac Assurance Corporation re: #10 Motion to Dissolve Injunction Order, and Objections filed by United States of America (Attachments: #1 Certificate of Service) (Stolper, Daniel) |
| Filing 19 Corporate Disclosure Statement by Defendant Ambac Assurance Corporation (Stolper, Daniel) |
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Filing 18
** TEXT ONLY ORDER **At the December 29, 2010 telephonic status conference, the parties had no substantive matters to bring to the court's attention. In response to the parties' report that they will be requesting oral argument on the pending motions, Judge Crabb has agreed to hold a hearing on January 12, 2011 at 2:00 PM in courtroom 260. This date and time cannot be moved. The hearing is limited to two hours' duration, to be divided equally between movants and respondents unless the affected parties agree to something else. Signed by Magistrate Judge Stephen L. Crocker on 12/29/2010. (arw)
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| Filing 17 Notice of Appearance and Request for Service filed by Daniel Warren Stolper for Defendant Ambac Assurance Corporation (Stolper, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Status Conference held on 12/29/2010 [:10] (cak) |
| Reset Briefing Deadlines re: #10 Motion to Dissolve Injunction Order, and Objections by Defendant United States of America, #12 Motion to Remand by Plaintiff Sean Dilweg. Opposition Briefs due 12/30/2010. Reply Briefs due 1/7/2011. (arw) |
| Filing 16 Certificate of Service by Plaintiff Sean Dilweg (Van Sicklen, Michael) |
| Filing 15 Brief in Support by Plaintiff Sean Dilweg re: #12 MOTION TO REMAND filed by Sean Dilweg (Van Sicklen, Michael) |
| Filing 14 Declaration of Michael B. Van Sicklen filed by Plaintiff Sean Dilweg re: #12 MOTION TO REMAND filed by Sean Dilweg (Attachments: #1 Exhibit A - Verified Petition for Rehabilitation, #2 Exhibit B - OCI Request for Immediate Case Assignment, #3 Exhibit C - Motion for Approval of Form of Notice, #4 Exhibit D - First-Day Injunction, #5 Exhibit E - Order Approving Form of Notice, #6 Exhibit F - First Affidavit of Roger A. Peterson, #7 Exhibit G - Findings & Conclusions, #8 Exhibit H - Notices of Appeal of May 27, 2010 Order, #9 Exhibit I - 7/16/10 Order, #10 Exhibit J - Notices of Appeal of July 16, 2010 Order, #11 Exhibit K - Notice of Filing of Plan of Rehabilitation, #12 Exhibit L - 10/26/10 Order, #13 Exhibit M - Notices of Appeal of October 26, 2010 Order, #14 Exhibit N - Notice of Amendment to Plan of Operation for the Segregated Account, #15 Exhibit O - Motion for Temporary Supplemental Injunctive Relief, #16 Exhibit P - Affidavit of Sean Dilweg, #17 Exhibit Q - 11/8/10 Hearing Transcript, #18 Exhibit R - Supplemental Injunction, #19 Exhibit S - Affidavit of David W. Wallis, #20 Exhibit T - 11/9/10 Bankruptcy Hearing Transcript Excerpts, #21 Exhibit U - 11/15/10 Hearing Transcript Excerpts, #22 Exhibit V - 11/16/10 Hearing Transcript Excerpts, #23 Exhibit W - 11/17/10 Hearing Transcript Excerpts, #24 Exhibit X - 11/19/10 Hearing Transcript Excerpts, #25 Exhibit Y - Proposed Order Confirming Plan, #26 Exhibit Z - 11/30/10 Hearing Transcript Excerpts) (Van Sicklen, Michael) |
| Filing 13 Brief in Support by Defendant United States of America re: #10 Motion to Dissolve Injunction Order, and Objections filed by United States of America (Attachments: #1 Exhibit # 1,SEC Letter, #2 Exhibit # 2, Wisconsin Statute, #3 Exhibit # 3, Plan Of Operation, #4 Exhibit # 4, Partial Declaration from Bankruptcy Crt, SDNY) (Snyder, Hilarie) Modified on 12/20/2010; contacted filer, Exhibit 4 missing pages. (mmo). Modified on 12/22/2010; Per filer, Exhibit 4 only a partial filing (mmo). |
| Filing 12 MOTION TO REMAND by Plaintiff Sean Dilweg. Brief in Opposition due 1/7/2011. Brief in Reply due 1/18/2011. (Van Sicklen, Michael) |
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Filing 11
** TEXT ONLY ORDER **ORDER accepting and entering #8 Joint Stipulation to Establish a Briefing Schedule. Signed by Magistrate Judge Stephen L. Crocker on 12/16/2010. (arw)
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| Filing 10 Motion to Dissolve Injunction Order, and Objections by Defendant United States of America. Response due 12/22/2010. (Snyder, Hilarie) |
| Filing 9 Certificate of Service by Defendant United States of America re #8 Joint Stipulation to Establish A Briefing Schedule And Order (Snyder, Hilarie) |
| Filing 8 Joint Stipulation to Establish a Briefing Schedule and Order by Defendant United States of America. (Snyder, Hilarie) |
| Filing 7 Record from Dane County Circuit Court. Case file contained in four boxes, maintained in clerk's office exhibit room, Shelf 31 and 32. (arw) Modified on 12/13/2010. (arw) |
| Set Status Conference: Telephone Status Conference set for 12/29/2010 at 2:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (arw/slc) |
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Filing 6
** TEXT ONLY ORDER **ORDER granting #5 Motion to Admit Hilarie E. Snyder Pro Hac Vice. Hilarie E. Snyder admitted pro hac vice for the United States of America. Signed by Magistrate Judge Stephen L. Crocker on 12/8/2010. (arw)
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| Filing 5 Motion to Admit Hilarie Snyder Pro Hac Vice by Defendant United States of America. (Attachments: #1 Certificate of Service) (Humphrey, Richard) |
| Filing 4 Certificate of Service by Defendant United States of America re #3 Exhibit, #2 Exhibit, #1 Notice of Removal (Humphrey, Richard) |
| Filing 3 Exhibit to #1 Notice of Removal (Humphrey, Richard) |
| Filing 2 Exhibit to #1 Notice of Removal (Humphrey, Richard) |
| Filing 1 NOTICE OF REMOVAL from State of Wisconsin Circuit Court Dane County, case number 10-CV-1576. (Attachments: #1 JS-44 Civil Cover Sheet) (Humphrey, Richard) |
| Case randomly assigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L. Crocker. (arw) |
| Standard attachments for Judge Barbara B. Crabb required to be served on all parties with summons or waiver of service: # NORTC, #Briefing Guidelines, #Corporate Disclosure Statement, #Order on Dispositive Motions. (arw) |
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