Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated et al v. Plaag, Gary
| Harmony Foundation International, Inc. and Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated doing business as Barbershop Harmony Society |
| Gary Plaag |
| 3:2020cv01073 |
| December 1, 2020 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.
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Filing 46
** TEXT ONLY ORDER **ORDER granting #45 Motion to Admit Andrea J. Sinclair Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 1/27/2021. (lak)
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Filing 45
Motion to Admit Andrea J. Sinclair Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2817521.) by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated. Motions referred to Magistrate Judge Stephen L. Crocker. (Sinclair, Andrea)
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Filing 44
** TEXT ONLY ORDER **ORDER granting #43 Motion for Extension of Time. Brief in Opposition due 2/5/2021. Brief in Reply due 2/16/2021. Signed by Magistrate Judge Stephen L. Crocker on 1/25/2021. (jls)
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Filing 43
Motion for Extension of Time on Briefing of Motion to Dismiss & Rule 19 Motion by Defendant Gary Plaag. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Exhibit A: Stipulation to Extend Briefing on Motion to Dismiss & Rule 19 Motion) (Rattan, Mark)
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Set/Reset Briefing Deadlines as to #28 MOTION TO DISMISS and #41 Motion to Require Plaintiff To Add Necessary Parties Under Rule 19. Brief in Opposition due 1/29/2021. Brief in Reply due 2/5/2021. (jls)
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Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/2/2021 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] (jls)
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Filing 42
Brief in Support of #41 Motion for Miscellaneous Relief To Require Plaintiff To Add Necessary Parties by Defendant Gary Plaag (Rattan, Mark)
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Filing 41
Motion to Require Plaintiff To Add Necessary Parties Under Rule 19 by Defendant Gary Plaag. Response due 1/22/2021. (Rattan, Mark)
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Filing 40
Declaration of Stephanie L. Dykeman filed by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction (Attachments: #1 Exhibit Ex. A PACER Search, #2 Exhibit Ex. B Westlaw Docket Search, #3 Exhibit Ex. C Website, #4 Exhibit Ex. D Website, #5 Exhibit Ex. E Website) (Dykeman, Stephanie)
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Filing 39
Declaration of Carolyn Faulkenberry filed by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction (Attachments: #1 Exhibit Ex. A - Resolution) (Dykeman, Stephanie)
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Filing 38
Declaration of James C. Warner filed by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction (Attachments: #1 Exhibit Ex. A 01.25.2008 BHS Bylaws, #2 Exhibit Ex. B 01.22-23, 2008 Meeting Minutes, #3 Exhibit Ex. C - 03.11.2011 BHS Bylaws) (Dykeman, Stephanie)
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Filing 37
Declaration of Dr. Perry White filed by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction (Attachments: #1 Exhibit Ex. A MD Sec. of State Charities Database, #2 Exhibit Ex. B CO Sec. of State Charities Database) (Dykeman, Stephanie)
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Filing 36
Declaration of Gary Plaag filed by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction (Dykeman, Stephanie)
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Filing 35
Response to Proposed Findings of Fact filed by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction (Dykeman, Stephanie)
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Filing 34
Notice of Appearance filed by Stephanie L. Dykeman for Defendant Gary Plaag. (Dykeman, Stephanie)
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Filing 33
Notice of Appearance filed by Jonathan Jeffrey Feldbruegge for Defendant Gary Plaag. (Feldbruegge, Jonathan)
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Filing 32
Brief in Opposition by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction filed by Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated, Harmony Foundation International, Inc. (Dykeman, Stephanie)
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Filing 31
Response to Proposed Findings of Fact filed by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction (Attachments: #1 Declaration of Gary Plaag, #2 Declaration of Dr. Perry White, #3 Exhibit Ex. A MD Sec. of State Charities Database, #4 Exhibit Ex. B CO Sec. of State Charities Database, #5 Declaration of James C. Warner, #6 Exhibit Ex. A 1.25.2008 BHS Bylaws, #7 Exhibit Ex. B 1.22-23.2008 Meeting Minutes, #8 Exhibit Ex. C 03.03.11 BHS Bylaws, #9 Declaration of Carolyn Faulkenberry, #10 Exhibit Ex. A - Resolution, #11 Declaration of Stephanie L. Dykeman, #12 Exhibit Ex. A PACER search, #13 Exhibit Ex. B - Westlaw Docket Search, #14 Exhibit Ex. C - Website, #15 Exhibit Ex. D - Website, #16 Exhibit Ex. E - Website) (Dykeman, Stephanie)
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Filing 30
Brief in Opposition by Defendant Gary Plaag re: #9 Motion for Preliminary Injunction filed by Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated, Harmony Foundation International, Inc. (Dykeman, Stephanie)
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Filing 29
Brief in Support of #28 Motion to Dismiss by Defendant Gary Plaag (Attachments: #1 Exhibit A - BHS Bylaws January 28, 2005, #2 Exhibit B - BHS Bylaws March 3, 2011, #3 Exhibit C - HFI Articles of Incorporation, #4 Exhibit D - HFI Application for Certificate of Authority -- Tennessee) (Rattan, Mark) Modified on 1/15/2021: Added exhibit descriptions. E-mail sent to counsel. (lak)
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Filing 28
MOTION TO DISMISS by Defendant Gary Plaag. Brief in Opposition due 2/5/2021. Brief in Reply due 2/16/2021. (Rattan, Mark)
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Filing 27
** TEXT ONLY ORDER ** Defendants may have until Friday, January 15, 2021, to respond to plaintiffs' motion for a preliminary injunction (dkt. #9 ), consistent with this court's #Procedure to be followed on Motions for Injunctive Relief. Following receipt of this response, the court will set a date for an evidentiary hearing and/or argument. Signed by District Judge William M. Conley on 12/23/2020. (voc)
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Judge update in case. Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak)
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Filing 26
Notice by Defendant Gary Plaag. (Cover Letter.) (Rattan, Mark) Modified on 12/21/2020. (lak)
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Filing 25
Stipulation To Extend Time To Answer or File Motion by Defendant Gary Plaag. (Rattan, Mark) Modified on 12/21/2020: Changed from Settlement Agreement to Stipulation. E-mail sent to counsel. (lak) Modified on 12/22/2020 (voc/ns).
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Filing 24
** TEXT ONLY ORDER **Defendant's request for an extension of his deadline to answer or otherwise respond #21 is GRANTED without the need for a response from plaintiffs. Defendant Gary Plaag answer due 1/15/2021. Signed by Magistrate Judge Stephen L. Crocker on 12/21/2020. (arw) Modified on 12/21/2020. (arw)
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Filing 23
Certificate of Service by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated as to #10 Brief in Support, #18 Exhibit, #12 Declaration, #11 Proposed Findings of Fact, #13 Declaration, #14 Declaration, #9 MOTION FOR PRELIMINARY INJUNCTION, #16 Declaration, #15 Declaration, #17 Declaration. (Krummen, Craig)
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Filing 22
Corporate Disclosure Statement by Defendant Gary Plaag. (Rattan, Mark)
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Filing 21
Motion for Extension of Time by Defendant Gary Plaag. Response due 12/28/2020. (Rattan, Mark)
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Filing 20
Notice of Appearance filed by Mark W. Rattan for Defendant Gary Plaag. (Rattan, Mark)
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Filing 19
Certificate of Service by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated as to #11 Proposed Findings of Fact, #13 Declaration, #14 Declaration, #10 Brief in Support, #9 MOTION FOR PRELIMINARY INJUNCTION , #18 Exhibit, #12 Declaration, #16 Declaration, #15 Declaration, #17 Declaration,,,,,,. (Krummen, Craig)
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Filing 18
Exhibit to #9 Motion for Preliminary Injunction filed by Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated, Harmony Foundation International, Inc. - Proposed Order (Krummen, Craig)
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Filing 17
Declaration of Martin Monson filed by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated re: #9 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - BHS Operative Bylaws, #2 Exhibit 2 - Amended Trust Agreement, #3 Exhibit 3 - HFI Corporate Charter, #4 Exhibit 4 - HFI Financial Statements, #5 Exhibit 5 - Harmonizer Article, #6 Exhibit 6 - March 30, 2020 Letter, #7 Exhibit 7 - SBOD 12/1/2020 Minutes, #8 Exhibit 8 - 10/12/2020 Letter, #9 Exhibit 10 - 1958 BHS Bylaws, #10 Exhibit 11 - 12/2/2020 Email, #11 Exhibit 12 - 12/4/2020 Facebook Post, #12 Exhibit A - The Trust Agreement, #13 Exhibit B - HFI Bylaws, #14 Exhibit C - Harmony Foundation Registration, #15 Exhibit D - Section 8 & 9 Declaration, #16 Exhibit E - 1958 Proposal, #17 Exhibit F - HFI's Original Bylaws, #18 Exhibit G - the Original Trust Agreement, #19 Exhibit H - BHS's Gift Policy, #20 Exhibit I - 1997 Report, #21 Exhibit J - 2000 Report, #22 Exhibit L - Legacy of Harmony Donation Form, #23 Exhibit O - HFI's Amended Bylaws, #24 Exhibit P - Kropp's BoT Letter, #25 Exhibit Q - Kropp's Faulkenberry Letter, #26 Exhibit R - Kropp's Thompson Letter, #27 Exhibit S - Purported Amended Bylaws of HFI, #28 Exhibit T - Eckhardt Email, #29 Exhibit U - 717/2020 Letter, #30 Exhibit V - Plaag Purported Election Email, #31 Exhibit W - 1959 Annual Convention Minutes, #32 Exhibit Z - BoT Training Documents) (Krummen, Craig)
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Filing 16
Declaration of Randolph Loos filed by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated re: #9 Motion for Preliminary Injunction (Krummen, Craig)
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Filing 15
Declaration of Kevin Keller filed by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated re: #9 Motion for Preliminary Injunction (Krummen, Craig)
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Filing 14
Declaration of John Donehower filed by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated re: #9 Motion for Preliminary Injunction (Krummen, Craig)
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Filing 13
Declaration of Holly J. Kellar filed by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated re: #9 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - Wolfe Facebook Post, #2 Exhibit 2 - Henders Facebook Post) (Krummen, Craig)
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Filing 12
Declaration of Stephen J. Denino filed by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated re: #9 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1- HFI Resolutions) (Krummen, Craig)
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Filing 11
Proposed Findings of Fact filed by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated re: #9 Motion for Preliminary Injunction (Krummen, Craig)
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Filing 10
Brief in Support of #9 Motion for Preliminary Injunction by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated (Krummen, Craig)
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Filing 9
MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs Harmony Foundation International, Inc., Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated. (Krummen, Craig)
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Set/Reset Deadlines: Answer due 12/24/2020. If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 12/31/2020. #Procedure to be followed on Motions for Injunctive Relief attached. (jls)
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Filing 8
Summons Returned Executed. Gary Plaag served on 12/3/2020, answer due 12/24/2020. (Krummen, Craig)
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Filing 7
Corporate Disclosure Statement by Plaintiff Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated. (Osborne, Eric)
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Filing 6
Corporate Disclosure Statement by Plaintiff Harmony Foundation International, Inc.. (Krummen, Craig)
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Filing 5
Summons Issued as to Gary Plaag. (jls)
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Filing 4
** TEXT ONLY ORDER **ORDER granting #3 Motion to Admit Eric G. Osborne Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 12-2-2020. (lak)
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Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jls)
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Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: #Corporate Disclosure Statement, #Order Regarding Assignment of Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (jls)
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Filing 3
Motion to Admit Eric G. Osborne Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2791304.) by Plaintiff Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated. (Osborne, Eric)
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Filing 2
Exhibit to #1 Complaint,,,, filed by Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated, Harmony Foundation International, Inc. Exhibit X - Image of Keep A Melody Ringing Memorial (Attachments: #1 Exhibit Y - AIC Agreement, #2 Exhibit Z - Board of Trustee Training Documents, #3 Exhibit AA - Overview of HFI History) (Krummen, Craig)
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Filing 1
COMPLAINT against Gary Plaag. ( Filing fee $ 402 receipt number 0758-2791295.), filed by All Plaintiffs. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons to Gary Plaag, #3 Exhibit A - The Trust Agreement, #4 Exhibit B - HFI Bylaws, #5 Exhibit C - HARMONY FOUNDATION Registration, #6 Exhibit D - Section 8 and 9 Declaration, #7 Exhibit E - 1958 Proposal, #8 Exhibit F - HFI's Original Bylaws, #9 Exhibit G - Original Trust Agreement, #10 Exhibit H - BHS's Gift Policy, #11 Exhibit I - 1997 Report, #12 Exhibit J - 2000 Report, #13 Exhibit K - HFI 2012 Financials, #14 Exhibit L - Legacy of Harmony Donation Form, #15 Exhibit M - Needs Document, #16 Exhibit N - End State Letter, #17 Exhibit O - HFI's Amended Bylaws, #18 Exhibit P - Kropp's Board of Trustee letter, #19 Exhibit Q - Kropp's Faulkenberry Letter, #20 Exhibit R - Kropp's Thompson Letter, #21 Exhibit S - Purported Amended Bylaws, #22 Exhibit T - Eckhardt Email, #23 Exhibit U - July 17 Letter, #24 Exhibit V- Plaag Purported Election Email, #25 Exhibit W - 1959 Annual Convention Minutes) (Krummen, Craig)
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| Plaintiff: Harmony Foundation International, Inc. | |
| Represented By: | Craig Steven Krummen |
| Represented By: | Andrea J. Sinclair |
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| Plaintiff: Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated doing business as Barbershop Harmony Society | |
| Represented By: | Eric G. Osborne |
| Represented By: | Andrea J. Sinclair |
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| Defendant: Gary Plaag | |
| Represented By: | Mark W. Rattan |
| Represented By: | Jonathan Jeffrey Feldbruegge |
| Represented By: | Stephanie L. Dykeman |
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