Badger Mining Corporation v. First American Title Insurance Company
| Badger Mining Corporation |
| First American Title Insurance Company |
| 3:2019cv00840 |
| October 8, 2019 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 92
** TEXT ONLY ORDER **The parties' stipulation of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41 (dkt. #91 ) is ACCEPTED. This case is now DISMISSED WITH PREJUDICE AND WITHOUT COSTS. Signed by District Judge William M. Conley on 4/28/2021. (kwf)
|
| Filing 91 STIPULATION of Dismissal Pursuant to Fed. R. Civ. P. 41 (Attachments: #1 Text of Proposed Order) (Grote, Christopher) |
|
Filing 90
** TEXT ONLY ORDER ** The court having been advised by counsel that this action has been settled, this case is hereby DISMISSED without prejudice. Any party may move to dismiss with prejudice or to reopen for good cause shown. Signed by District Judge William M. Conley on 4/19/2021. (voc)
|
| Filing 89 Notice of Settlement by Plaintiff Badger Mining Corporation (Ragatz, Ronald) |
| Filing 88 Notice of Withdrawal of Counsel by Mark S. Enslin re: Defendant First American Title Insurance Company (Enslin, Mark) |
|
Filing 87
** TEXT ONLY ORDER ** The court will hold a Final Pretrial Conference on 4/21/2021 by Zoom video conference. The court will send invitations by email to counsel. All participants are reminded that video or audio recordings of the proceedings are strictly prohibited. Full guidelines governing access to court hearings can be found #here. A guide to participating in Zoom video hearings can be found #here. Public access to the video stream is available on #YouTube. Signed by District Judge William M. Conley on 4/15/2021. (kwf)
|
| Set/Reset Hearings: Final Pretrial Conference reset for 4/21/2021 at 1:00 PM before District Judge William M. Conley. (kwf) |
|
Filing 86
ORDER granting as unopposed #71 Motion in Limine; granting as unopposed #72 Motion in Limine; denying as moot #73 Motion in Limine. Signed by District Judge William M. Conley on 04/14/2021. (mfh)
|
|
Filing 85
ORDER granting in part and denying in part #28 Plaintiff's Motion for Judgment on the Pleadings; granting in part and denying in part #45 Defendant's Motion for Summary Judgment; denying #60 Defendant's Motion for Hearing. Signed by District Judge William M. Conley on 04/14/2021. (mfh)
|
| Filing 84 Joint Final Pretrial Conference Report - Joint Statement of Uncontested Facts by Defendant First American Title Insurance Company (Grote, Christopher) |
| Filing 83 Final Pretrial Conference Report by Plaintiff Badger Mining Corporation (Ragatz, Ronald) |
| Filing 82 Brief in Opposition by Plaintiff Badger Mining Corporation re: #72 Motion in Limine filed by First American Title Insurance Company, #71 Motion in Limine filed by First American Title Insurance Company (Ragatz, Ronald) |
| Filing 81 Brief in Opposition by Plaintiff Badger Mining Corporation re: #73 Motion in Limine, filed by First American Title Insurance Company (Ragatz, Ronald) |
| Filing 80 Objections to Trial Exhibits Proposed by Plaintiff by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 79 Amended Exhibit List (Second Amended) by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 78 Amended Exhibit List by Defendant First American Title Insurance Company. (Grote, Christopher) |
|
Filing 77
** TEXT ONLY ORDER **ORDER granting #76 Motion to Admit Kathryn E. Wendt Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 4/1/2021. (lak)
|
| Filing 76 Motion to Admit Kathryn E. Wendt Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2852031.) by Defendant First American Title Insurance Company. Motions referred to Magistrate Judge Stephen L. Crocker. (Wendt, Kathryn) |
| Filing 75 Exhibit List by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 74 Witness List by Defendant First American Title Insurance Company (Grote, Christopher) |
| Filing 73 Motion in Limine to Exclude Evidence at Trial Regarding Alleged Attorneys Fees and Defense Costs Purportedly Incurred by Plaintiff Which Have Already Been Reimbursed to Plaintiff by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 72 Motion in Limine to Exclude Evidence at Trial Outside the "Four Corners" Rule on the Issue of Defendant's Duty to Defend by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 71 Motion in Limine to Preclude Plaintiff From Offering Any Expert or Opinion Testimony at Trial by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 70 Rule 26(a)(3) Pretrial Disclosures by Plaintiff Badger Mining Corporation (Ragatz, Ronald) |
|
Filing 69
** TEXT ONLY ORDER **The parties' motion to continue the trial date (dkt. #62 ) is DENIED. The unopposed motion to strike the jury (i.e., to convert this to a bench trial, dkt. #64 ) is GRANTED. The parties are directed to Judge Conley's Bench Trial Procedures for Pretrial Submissions, hyperlinked to dkt. #32 . Signed by Magistrate Judge Stephen L. Crocker on 3/3/2021. (kwf)
|
| Filing 68 Response Stating No Opposition by Defendant First American Title Insurance Company re: #64 Motion to Strike filed by Badger Mining Corporation (Grote, Christopher) |
| Filing 67 Brief in Reply by Defendant First American Title Insurance Company in Support of #62 Motion to Continue, (Grote, Christopher) |
| Filing 66 Brief in Opposition by Plaintiff Badger Mining Corporation re: #62 Motion to Continue, filed by First American Title Insurance Company (Ragatz, Ronald) |
| Filing 65 Brief in Support of #64 Motion to Strike Jury by Plaintiff Badger Mining Corporation (Ragatz, Ronald) |
| Filing 64 Motion to Strike Jury by Plaintiff Badger Mining Corporation. Brief in Opposition due 3/12/2021. Brief in Reply due 3/19/2021. (Ragatz, Ronald) |
| Filing 63 Brief in Support of #62 Motion to Continue, by Defendant First American Title Insurance Company (Grote, Christopher) |
| Filing 62 Motion to Continue the May 3, 2021 Trial Date and All Associated Pre-Trial Filing Deadlines Until After the Court Resolves the Parties' Pending Cross-Motions for Summary Judgment by Defendant First American Title Insurance Company. Response due 3/3/2021. (Grote, Christopher) |
| Filing 61 Response Stating No Opposition by Plaintiff Badger Mining Corporation re: #60 Motion for Hearing filed by First American Title Insurance Company (Ragatz, Ronald) |
| Filing 60 Motion for Hearing re #45 MOTION FOR SUMMARY JUDGMENT - on Parties' Cross-Motions by Defendant First American Title Insurance Company. Response due 1/29/2021. (Grote, Christopher) |
| Filing 59 Reply in Support of Proposed Findings of Fact filed by Defendant First American Title Insurance Company re: #45 Motion for Summary Judgment (Grote, Christopher) |
| Filing 58 Brief in Reply by Defendant First American Title Insurance Company in Support of #45 Motion for Summary Judgment (Grote, Christopher) |
| Filing 57 Reply in Support of Proposed Findings of Fact filed by Plaintiff Badger Mining Corporation re: #48 Motion for Summary Judgment (Ragatz, Ronald) |
| Filing 56 Brief in Reply by Plaintiff Badger Mining Corporation in Support of #48 Motion for Summary Judgment (Ragatz, Ronald) |
| Filing 55 Response to Proposed Findings of Fact filed by Defendant First American Title Insurance Company re: #48 Motion for Summary Judgment (Grote, Christopher) |
| Filing 54 Brief in Opposition by Defendant First American Title Insurance Company re: #48 Motion for Summary Judgment filed by Badger Mining Corporation (Grote, Christopher) |
| Filing 53 Response to Proposed Findings of Fact filed by Plaintiff Badger Mining Corporation re: #45 Motion for Summary Judgment (Ragatz, Ronald) |
| Filing 52 Brief in Opposition by Plaintiff Badger Mining Corporation re: #45 Motion for Summary Judgment filed by First American Title Insurance Company (Ragatz, Ronald) |
| Set/Reset Briefing Deadlines as to #45 MOTION FOR SUMMARY JUDGMENT, #48 MOTION FOR SUMMARY JUDGMENT. Brief in Opposition due 1/8/2021. Brief in Reply due 1/22/2021. (kwf) |
| Filing 51 Declaration of Michael C. Hess filed by Plaintiff Badger Mining Corporation re: #48 Motion for Summary Judgment (Ragatz, Ronald) |
| Filing 50 Proposed Findings of Fact filed by Plaintiff Badger Mining Corporation re: #48 Motion for Summary Judgment (Ragatz, Ronald) |
| Filing 49 Brief in Support of #48 Motion for Summary Judgment by Plaintiff Badger Mining Corporation (Ragatz, Ronald) |
| Filing 48 MOTION FOR SUMMARY JUDGMENT by Plaintiff Badger Mining Corporation. Brief in Opposition due 12/22/2020. Brief in Reply due 1/4/2021. (Ragatz, Ronald) |
| Filing 47 Proposed Findings of Fact filed by Defendant First American Title Insurance Company re: #45 Motion for Summary Judgment (Grote, Christopher) |
| Filing 46 Brief in Support of #45 Motion for Summary Judgment by Defendant First American Title Insurance Company (Grote, Christopher) |
| Filing 45 MOTION FOR SUMMARY JUDGMENT by Defendant First American Title Insurance Company. Brief in Opposition due 12/22/2020. Brief in Reply due 1/4/2021. (Grote, Christopher) |
|
Filing 44
** TEXT ONLY ORDER **Defendant's motion to extend the summary judgment motion deadline #39 is granted in part: the new deadline is December 1, 2020, with any response due by January 8, 2021 and any reply due by January 22, 2021. Signed by Magistrate Judge Stephen L. Crocker on 9/30/2020. (kwf)
|
| Filing 43 Brief in Reply by Defendant First American Title Insurance Company in Support of #39 MOTION for Extension of Time, (Grote, Christopher) |
| Filing 42 Brief in Opposition by Plaintiff Badger Mining Corporation re: #39 MOTION for Extension of Time, filed by First American Title Insurance Company (Ragatz, Ronald) |
| Filing 41 Declaration of Christopher R. Grote filed by Defendant First American Title Insurance Company re: #39 MOTION for Extension of Time, (Attachments: #1 Exhibit A - E-mail dated 9/9/2020, #2 Exhibit B - Williams v. Ortiz) (Grote, Christopher) Modified on 9/14/2020: E-mail sent to counsel. (lak) |
| Filing 40 Brief in Support of #39 MOTION for Extension of Time to File Summary Judgment Motions by Defendant First American Title Insurance Company. (Grote, Christopher) Modified on 9/14/2020. (lak) |
| Filing 39 Motion for Extension of Time to File Summary Judgment Motions by Defendant First American Title Insurance Company. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 9/21/2020. (Grote, Christopher) Modified on 9/14/2020. (lak) |
|
Filing 38
** TEXT ONLY ORDER **The parties' proposed protective order #37 is accepted and entered by the court with this addition: pursuant to Paragraph 2(a) on page 2, a the material contended to confidential must objectively qualify as confidential, both in content and how the contending party handles it. Signed by Magistrate Judge Stephen L. Crocker on 8/31/2020. (kwf)
|
| Filing 37 Joint Motion for Protective Order by Plaintiff Badger Mining Corporation. (Attachments: #1 Proposed Protective Order) (Meiners, Deborah) |
| Filing 36 Brief in Reply by Defendant First American Title Insurance Company in Support of #34 Motion for Hearing. (Grote, Christopher) |
| Filing 35 Brief in Opposition by Plaintiff Badger Mining Corporation re: #34 Motion for Hearing filed by First American Title Insurance Company. (Ragatz, Ronald) |
| Filing 34 Motion for Hearing on Plaintiff Badger Mining Corporation's Motion for Partial Judgment on the Pleadings (Dkt. 9) by Defendant First American Title Insurance Company. Response due 2/4/2020. (Grote, Christopher) |
| Filing 33 Brief in Reply by Plaintiff Badger Mining Corporation in Support of #28 Motion for Judgment on the Pleadings. (Ragatz, Ronald) |
|
Filing 32
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions due 10/23/2020. Settlement Letters due 3/19/2021. Motions in Limine due 3/26/2021. Responses due 4/9/2021. Telephone Final Pretrial Conference set for 4/20/2021 at 4:00 PM. Jury Selection and Trial set for 5/3/2021 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 1/17/2020. (voc) Modified on 2/27/2020. (kwf)
|
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 1/14/2020 [:15] (cak) |
| Filing 31 Brief in Opposition by Defendant First American Title Insurance Company re: #28 Motion for Partial Judgment on the Pleadings filed by Badger Mining Corporation. (Grote, Christopher) Modified on 1/14/2020. (lak) |
| Filing 30 Joint Preliminary Pretrial Conference Report by Plaintiff Badger Mining Corporation. (Ragatz, Ronald) |
| Filing 29 Brief in Support of #28 Motion for Partial Judgment on the Pleadings by Plaintiff Badger Mining Corporation. (Ragatz, Ronald) Modified on 12/23/2019. (lak) |
| Filing 28 MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS by Plaintiff Badger Mining Corporation. Brief in Opposition due 1/13/2020. Brief in Reply due 1/23/2020. (Ragatz, Ronald) Modified on 12/23/2019. (lak) |
|
Filing 27
** TEXT ONLY ORDER **ORDER granting #25 Motion to Admit Jenna K. Johnson Pro Hac Vice; granting #26 Motion to Admit Mark S. Enslin Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 12/12/2019. (lak)
|
| Filing 26 Motion to Admit Mark S. Enslin Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2592842.) by Defendant First American Title Insurance Company. Motions referred to Magistrate Judge Stephen L. Crocker. (Enslin, Mark) |
| Filing 25 Motion to Admit Jenna K. Johnson Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2592840.) by Defendant First American Title Insurance Company. Motions referred to Magistrate Judge Stephen L. Crocker. (Johnson, Jenna) |
| Filing 24 ANSWER by Defendant First American Title Insurance Company. (Grote, Christopher) |
|
Filing 23
** TEXT ONLY ORDER **The court held a telephonic hearing on defendant First American Title Insurance Company's motion for continuance of December 11, 2019, hearing (dkt. #17 ), at which the parties appeared by counsel. For the reasons stated on the record, the court opted to treat that motion as a motion to set aside default under Federal Rule of Civil Procedure 55(c), which is GRANTED. As a result, the default judgment hearing scheduled for December 11, 2019, is STRUCK from the court's calendar. Defendant's answer to the complaint is due on or before December 13, 2019. (The court stated on the record that it was due today, but upon further reflection, opted to give defendant a week to file its answer.) In an effort to ameliorate prejudice to plaintiff and address the core, legal issue as soon as possible, the court invites plaintiff to file a motion for judgment on the pleadings on liability. Defendant's response to that motion is due 21 days from the filing; with plaintiff's reply due 10 days thereafter. The clerk's office is also directed to schedule this case for a preliminary pretrial conference with Judge Crocker. Signed by District Judge William M. Conley on 12/6/2019. (kwf)
|
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/14/2020 at 1:30 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] (kwf) |
| Set Deadlines and Hearings re: #17 Motion to Continue December 11, 2019 Hearing on Plaintiff's Motion for Default Judgment. Telephone Motion Hearing set for 12/6/2019 at 10:00 AM before District Judge William M. Conley. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5087. (kwf) |
| Filing 22 Brief in Opposition by Plaintiff Badger Mining Corporation re: #17 Motion to Continue filed by First American Title Insurance Company (Ragatz, Ronald) |
| Filing 21 Corporate Disclosure Statement by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 20 Declaration of Laurie Grushen filed by Defendant First American Title Insurance Company re: #17 Motion to Continue. (Grote, Christopher) |
| Filing 19 Declaration of Christopher Grote filed by Defendant First American Title Insurance Company re: #17 Motion to Continue. (Grote, Christopher) |
| Filing 18 Brief in Support of #17 Motion to Continue December 11, 2019 Hearing on Plaintiff's Motion for Default Judgment by Defendant First American Title Insurance Company. (Grote, Christopher) |
| Filing 17 Motion to Continue December 11, 2019 Hearing on Plaintiff's Motion for Default Judgment by Defendant First American Title Insurance Company. Response due 11/29/2019. (Grote, Christopher) |
| Filing 16 Notice of Appearance filed by Christopher Raymond Grote for Defendant First American Title Insurance Company. (Grote, Christopher) |
|
Filing 15
** TEXT ONLY ORDER **ORDER granting #14 Motion to Seal #12 Declaration. Signed by Magistrate Judge Stephen L. Crocker on 11/12/2019. (kwf)
|
| Set Hearing: Default Hearing set for 12/11/2019 at 9:00 AM in Courtroom 250 before District Judge William M. Conley. (kwf) |
| Filing 14 Motion to Seal #12 Declaration, by Plaintiff Badger Mining Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Ragatz, Ronald) |
| Filing 13 Redaction to #12 Declaration, by Plaintiff Badger Mining Corporation, (Attachments: #1 Exhibit 1 - Excerpt of Settlement Agreement, #2 Exhibit 2 - DeWitt Invoices re: Underlying Action, #3 Exhibit 3 - Gray Reed Invoices, #4 Exhibit 4 - John T. Boyd Company Invoices, #5 Exhibit 5 - Asset Purchase Agreement, #6 Exhibit 6 - Hartford Policy, #7 Exhibit 7 - DeWitt Invoice re: Current Claim) (Ragatz, Ronald) |
| Filing 12 Second Declaration of Ronald R. Ragatz filed by Plaintiff Badger Mining Corporation re: #9 Motion for Default Judgment, (Sealed Document) (Attachments: #1 Exhibit 1 - Confidential Settlement Agreement, #2 Exhibit 2 - DeWitt Invoices re: Underlying Action, #3 Exhibit 3 - Gray Reed Invoices, #4 Exhibit 4 - John T. Boyd Company Invoices, #5 Exhibit 5 - Asset Purchase Agreement, #6 Exhibit 6 - Hartford Policy, #7 Exhibit 7 - DeWitt Invoice re: Current Claim) (Ragatz, Ronald) |
| Filing 11 Declaration of Matthew G. Chier filed by Plaintiff Badger Mining Corporation re: #9 Motion for Default Judgment. (Ragatz, Ronald) Modified on 11/12/2019. (lak) |
| Filing 10 Brief in Support of #9 Motion for Default Judgment by Plaintiff Badger Mining Corporation. (Ragatz, Ronald) |
| Filing 9 Motion for Default Judgment as to First American Title Insurance Company by Plaintiff Badger Mining Corporation. (Ragatz, Ronald) Modified on 11/12/2019. (lak) |
| Filing 8 Clerk's Entry of Default as to Defendant First American Title Insurance Company. (kwf) |
| Filing 7 Declaration of Ronald R. Ragatz filed by Plaintiff Badger Mining Corporation re: #6 Motion for Entry of Default. (Ragatz, Ronald |
| Filing 6 Motion for Entry of Default as to First American Title Insurance Company by Plaintiff Badger Mining Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Ragatz, Ronald) Modified on 10/31/2019. (lak) |
| Filing 5 Affidavit of Service by Plaintiff. First American Title Insurance Company served on 10/9/2019, answer due 10/30/2019. (Ragatz, Ronald) |
| Filing 4 Summons Issued as to First American Title Insurance Company. (kwf) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (kwf) |
| Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf) |
| Filing 3 Notice of Appearance filed by Deborah Carol Meiners for Plaintiff Badger Mining Corporation. (Meiners, Deborah) |
| Filing 2 Corporate Disclosure Statement by Plaintiff Badger Mining Corporation. (Ragatz, Ronald) |
| Filing 1 COMPLAINT against First American Title Insurance Company, ( Filing fee $ 400 receipt number 0758-2554679.), filed by Badger Mining Corporation, (Attachments: #1 Exhibit A - Policy of Title Insurance, #2 Exhibit B - Trempealeau County Action (8/22/2017), #3 Exhibit C - Notice of Action to First American from Badger (9/5/2017), #4 Exhibit D - First American Denial of Claim to Badger (10/27/2017), #5 JS-44 Civil Cover Sheet, #6 Summons) (Ragatz, Ronald) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
