Thoreson, Peter v. Poplin, Jaymes et al
| Peter J. Thoreson |
| Sawyer County Sheriff's Department, Ernest Ziemer, Kevin Gillis, Sawyer County, James Wohling, Jaymes Poplin, City of Hayward Police Department and City of Hayward |
| 3:2019cv00998 |
| December 9, 2019 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 62 Proposed Findings of Fact filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #40 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 61 Response to Proposed Findings of Fact filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #40 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 60 Brief in Opposition by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #40 Motion for Summary Judgment filed by Peter J. Thoreson (Simatic, Kurt) |
| Filing 59 Declaration of Jaymes Poplin filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department in Opposition to Plaintiff's Motion for Summary Judgment re: #40 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 58 Declaration of Kevin Gillis filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department in Opposition to Plaintiff's Motion for Summary Judgment re: #40 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 57 Brief in Opposition by Plaintiff Peter J. Thoreson re: #46 Motion for Summary Judgment filed by Jaymes Poplin, Kevin Gillis, Sawyer County, Sawyer County Sheriff's Department (Coleman, Linda) |
| Filing 56 Response to Proposed Findings of Fact by Plaintiff Peter J. Thoreson re: #46 Motion for Summary Judgment filed by Jaymes Poplin, Kevin Gillis, Sawyer County, Sawyer County Sheriff's Department. (Coleman, Linda) Modified on 12/9/2020. (lak) |
| Filing 55 Declaration of James Wohling filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 54 Declaration of Gregory Ripczinski filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 53 Declaration of Ernest Ziemer filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 52 Declaration of Robert Billen filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Attachments: #1 Exhibit A - Search Warrant and Affidavit, #2 Exhibit B - Return of Officer) (Simatic, Kurt) |
| Filing 51 Declaration of Kevin Gillis filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Attachments: #1 Exhibit A - CAD Report 2019) (Simatic, Kurt) |
| Filing 50 Declaration of Jaymes Poplin filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Attachments: #1 Exhibit A - CAD Report 2016, #2 Exhibit B - Affidavit and Search Warrant, #3 Exhibit C - Return of Officer) (Simatic, Kurt) |
| Filing 49 Declaration of Kurt M. Simatic filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Attachments: #1 Exhibit A - 2016 Criminal Complaint, #2 Exhibit B - Transcript from 12-13-16 hearing, #3 Exhibit C - Motion to Suppress, #4 Exhibit D - Order Denying Motion, #5 Exhibit E - Stipulation and Order) (Simatic, Kurt) |
| Filing 48 Proposed Findings of Fact filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #46 Motion for Summary Judgment (Simatic, Kurt) |
| Filing 47 Brief in Support of #46 Motion for Summary Judgment by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department (Simatic, Kurt) |
| Filing 46 MOTION FOR SUMMARY JUDGMENT by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. Brief in Opposition due 12/11/2020. Brief in Reply due 12/21/2020. (Simatic, Kurt) |
| Filing 45 Deposition of Jaymes Poplin taken on June 17, 2020. (Coleman, Linda) |
| Filing 44 Deposition of Kevin Gillis taken on June 17, 2020. (Coleman, Linda) |
| Filing 43 Proposed Findings of Fact filed by Plaintiff Peter J. Thoreson re: #40 Motion for Summary Judgment (Coleman, Linda) |
| Filing 42 Affidavit of Linda Coleman filed by Plaintiff Peter J. Thoreson re: #40 Motion for Summary Judgment (Attachments: #1 Exhibit Kevin Gillis' Answers to Plaintiff's first set of discovery, #2 Exhibit Jaymes Poplin's Answers to Plaintiff's first set of Discovery) (Coleman, Linda) |
| Filing 41 Brief in Support of #40 Motion for Summary Judgment by Plaintiff Peter J. Thoreson (Coleman, Linda) |
| Filing 40 MOTION FOR SUMMARY JUDGMENT by Plaintiff Peter J. Thoreson. Brief in Opposition due 12/11/2020. Brief in Reply due 12/21/2020. (Coleman, Linda) |
| Filing 39 Deposition of Jaymes Poplin taken on June 17, 2020. (Simatic, Kurt) |
| Filing 38 Deposition of Kevin Gillis taken on June 17, 2020. (Simatic, Kurt) |
| Filing 37 Deposition of Peter Thoreson taken on September 21, 2020. (Attachments: #1 Exhibit Depo. Ex. 1 - Internet Business Listings, #2 Exhibit Depo. Ex. 2 - Map) (Simatic, Kurt) |
Filing 36
** TEXT ONLY ORDER **The court is in receipt of plaintiff and defendants James Wohling, Ernest Ziemer, City of Hayward and Hayward Police Department's stipulation of dismissal (dkt. #35 ), which is ACCEPTED. Pursuant to Federal Rule of Civil Procedure 15(a), plaintiffs' claims against James Wohling, Ernest Ziemer, City of Hayward and Hayward Police Department are DISMISSED WITH PREJUDICE AND WITHOUT COSTS. The clerk's office is directed to terminate those four defendants. Signed by District Judge William M. Conley on 9/11/2020. (kwf)
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| Filing 35 STIPULATION of Dismissal as to Defendants James Wohling, Ernest Ziemer, City of Hayward, and City of Hayward Police Department with Prejudice by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. (Jacobs, Jerilyn) Modified on 9/11/2020. (lak) |
| Filing 34 Brief in Reply by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer in Support of #26 Motion to Dismiss, (Jacobs, Jerilyn) |
| Filing 33 Brief in Reply by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department in Support of #21 Motion to Dismiss (Simatic, Kurt) |
| Filing 32 Rule 26 Initial Disclosure Report by Plaintiff Peter J. Thoreson (Attachments: #1 Exhibit A- Jaymes Poplin November 11, 2016 Police Report, #2 Exhibit B- Kevin Gillis October 11, 2019 Police Report and Jaymes Poplin Supplemental Police Report) (Coleman, Linda) |
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Filing 31
Pretrial Conference Order: # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amendments to the Pleadings by leave of court. Dispositive Motions due 11/13/2020. Settlement Letters due 2/26/2021. Rule 26(a)(3) Disclosures and Motions in Limine due 3/12/2021. Responses due 3/26/2021. Final Pretrial Conference set for 4/6/2021 at 4:00 PM. Jury Selection and Trial set for 4/19/2021 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/2/2020. (arw) Modified on 3/3/2020. (lak)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 2/27/2020 [:10] (cak) |
| Filing 30 Brief in Opposition by Plaintiff Peter J. Thoreson re: #21 Motion to Dismiss filed by Jaymes Poplin, Kevin Gillis, Sawyer County, Sawyer County Sheriff's Department. (Coleman, Linda) Modified on 2/27/2020. (lak) |
| Filing 29 Brief in Opposition by Plaintiff Peter J. Thoreson re: #26 Motion to Dismiss, filed by Ernest Ziemer, City of Hayward, City of Hayward Police Department, James Wohling. (Coleman, Linda) Modified on 2/27/2020. (lak) |
| Filing 28 Joint Preliminary Pretrial Conference Report by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer (Jacobs, Jerilyn) |
| Filing 27 Brief in Support of #26 Motion to Dismiss, by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer (Jacobs, Jerilyn) |
| Filing 26 MOTION TO DISMISS (Partial) of Amended Complaint by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. Brief in Opposition due 3/12/2020. Brief in Reply due 3/23/2020. (Jacobs, Jerilyn) |
| Filing 25 ANSWER to Amended Complaint by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. (Jacobs, Jerilyn) |
| Filing 24 ANSWER to Amended Complaint by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. (Simatic, Kurt) |
| Filing 23 Declaration of Carol Williamson filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #21 Motion to Dismiss, (Simatic, Kurt) |
| Filing 22 Brief in Support of #21 Motion to Dismiss, by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department (Simatic, Kurt) |
| Filing 21 MOTION TO DISMISS (Partial) Amended Complaint by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. Brief in Opposition due 3/11/2020. Brief in Reply due 3/23/2020. (Simatic, Kurt) |
| Filing 20 Brief in Reply by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer in Support of #11 Motion to Dismiss. (Jacobs, Jerilyn) |
| Filing 19 Brief in Reply by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department in Support of #5 Motion to Dismiss. (Simatic, Kurt) |
| Filing 18 AMENDED COMPLAINT against All Defendants, filed by Peter J. Thoreson. (Attachments: #1 Exhibit A- Jaymes Poplin November 11, 2016 Police Report, #2 Exhibit B- Kevin Gillis October 11, 2019 Police Report and Jaymes Poplin Supplemental Police Report, #3 Exhibit C- Search Warrants Provided by City of Hayward Police Department, Reflecting Searches Executed Upon Residences in the City of Hayward for the Past Three Years) (Coleman, Linda) |
| Filing 17 Brief in Opposition by Plaintiff Peter J. Thoreson re: #5 Motion to Dismiss filed by Jaymes Poplin, Kevin Gillis, Sawyer County, Sawyer County Sheriff's Department. (Coleman, Linda) |
| Filing 16 Brief in Opposition by Plaintiff Peter J. Thoreson re: #11 Motion to Dismiss filed by Ernest Ziemer, City of Hayward, City of Hayward Police Department, James Wohling. (Coleman, Linda) |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Peter J. Thoreson. (Attachments: #1 Exhibit A- Jaymes Poplin November 11, 2016 Police Report, #2 Exhibit B- Kevin Gillis October 11, 2019 Police Report and Jaymes Poplin Supplemental Police Report, #3 Exhibit C- Search Warrants Provided by City of Hayward Police Department, Reflecting Searches Executed Upon Residences in the City of Hayward for the Past Three Years) (Coleman, Linda) |
| Set Pretrial Conference: Telephone Pretrial Conference set for 2/27/2020 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. (arw) |
| Filing 14 Amended Brief in Support of #5 Motion to Dismiss (Partial) by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. (Simatic, Kurt) |
| Filing 13 Notice of Appearance filed by Jerilyn Jacobs for Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. (Jacobs, Jerilyn) |
| Filing 12 Brief in Support of #11 Motion to Dismiss (Partial) by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. (Morris, Fred) |
| Filing 11 MOTION TO DISMISS (Partial) by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. Brief in Opposition due 2/7/2020. Brief in Reply due 2/17/2020. (Morris, Fred) |
| Filing 10 ANSWER by Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. (Morris, Fred) |
| Filing 9 Notice of Appearance filed by Fred L. Morris for Defendants City of Hayward, City of Hayward Police Department, James Wohling, Ernest Ziemer. (Morris, Fred) |
| Filing 8 ANSWER by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. (Simatic, Kurt) |
| Filing 7 Declaration of Carol Williamson filed by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department re: #5 Motion to Dismiss. (Simatic, Kurt) |
| Filing 6 Brief in Support of #5 Motion to Dismiss by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. (Simatic, Kurt) |
| Filing 5 MOTION TO DISMISS by Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. Brief in Opposition due 2/6/2020. Brief in Reply due 2/16/2020. (Simatic, Kurt) |
| Filing 4 Notice of Appearance filed by Kurt Simatic for Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. (Simatic, Kurt) |
| Filing 3 Notice of Appearance filed by Jeffrey Adam Mandell for Defendants Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department. (Mandell, Jeffrey) |
| Filing 2 Summons Issued as to City of Hayward Police Department, Kevin Gillis, Jaymes Poplin, Sawyer County, Sawyer County Sheriff's Department, James Wohling, Ernest Ziemer. (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 1 COMPLAINT (Undated) against All Defendants, ( Filing fee $ 400 receipt number 0758-2593340.), filed by Peter J. Thoreson, (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons - City of Hayward, #3 Summons - City of Hayward Police Department, #4 Summons - Deputy Kevin Gillis, #5 Summons - Investigator Jaymes Poplin, #6 Summons - Sawyer County, #7 Summons - Sawyer County Sheriff's Department, #8 Summons - Assistant Chief James Wohling, #9 Summons - Officer Ernest Ziemer) (Coleman, Linda) Modified on 12/13/2019: Summonses are missing name of court. (lak) |
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