Mueller, Deborah et al v. Wisconsin Mutual Insurance Company et al
Deborah Mueller and Edward Mueller |
Wisconsin Mutual Insurance Company, Humana Insurance Company, Wisconsin Central Ltd. and United States Centers for Medicare & Medicaid Services |
3:2020cv00931 |
October 6, 2020 |
US District Court for the Western District of Wisconsin |
Stephen L Crocker |
James D Peterson |
Motor Vehicle |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 14 ANSWER to Crossclaim by Defendant Wisconsin Central Ltd.. (Bryant, Elizabeth) |
Filing 13 ** TEXT ONLY ORDER ** The parties in this case, with the exception of defendant and cross-defendant United States Centers for Medicare & Medicaid Services (USCMMS), have filed what they call a stipulation to dismiss USCMMS from the case. Dkt. #11 . But a stipulation under Federal Rule of Civil Procedure 41(a) can be used only to dismiss an entire action; the appropriate vehicle to dismiss individual claims or parties is an amended pleading under Rule 15(a). See Taylor v. Brown, 787 F. 3d 851, 857-58 (7th Cir. 2015). So I will construe the parties' stipulation as a motion to amend the parties' pleadings with opposing parties' written consent under Rule 15(a)(2). I will GRANT the motion, deem all claims against USCMMS to be struck from the pleadings, and dismiss USCMMS from the case. Signed by District Judge James D. Peterson on 11/20/2020. (voc) |
Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/12/2021 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] (voc) |
Filing 12 Reply to Counterclaim by Plaintiffs Deborah Mueller, Edward Mueller. (Bye, Charles) |
Filing 11 STIPULATION of Dismissal of United States Centers for Medicare & Medicaid Services only (Bye, Charles) |
Filing 10 ANSWER, CROSSCLAIM against All Defendants, COUNTERCLAIM against All Plaintiffs by Humana Insurance Company. (Rexroat, Christopher) Modified on 11/17/2020. (lak) |
Filing 9 Corporate Disclosure Statement by Defendant Humana Insurance Company. (Rexroat, Christopher) |
Filing 8 Notice of Appearance filed by Christopher Rexroat for Defendant Humana Insurance Company. (Rexroat, Christopher) |
Filing 7 Joint Report of Rule 26(f) Planning Meeting (Bye, Charles) |
Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc) |
Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (voc) |
Filing 6 Notice of Appearance filed by Ryan J. Gillespie for Defendant Wisconsin Central Ltd.. (Gillespie, Ryan) |
Filing 5 Notice of Appearance filed by Elizabeth O. Bryant for Defendant Wisconsin Central Ltd.. (Bryant, Elizabeth) |
Filing 4 Notice by Defendant Wisconsin Central Ltd. re #1 Notice of Removal, Civil Cover Sheet. (Helenhouse, James) |
Filing 3 Corporate Disclosure Statement by Defendant Wisconsin Central Ltd.. (Helenhouse, James) |
Filing 2 Notice of Appearance filed by James D. Helenhouse for Defendant Wisconsin Central Ltd.. (Helenhouse, James) |
Filing 1 NOTICE OF REMOVAL from Trempealeau County Circuit Court, case number 2020cv104. ( Filing fee $ 400 receipt number 0758-2761632), filed by Wisconsin Central Ltd., (Attachments: #1 Exhibit A-Plaintiffs' Summons and Complaint and Other Documents, #2 Exhibit B-Plaintiffs' Response to Request for Admissions) (Helenhouse, James) Modified on 10/7/2020: Changed county from Dane to Trempealeau. E-mail sent to counsel re: United States Centers for Medicare and Medicate Services. (lak) |
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