Wysocki, Edward et al v. Superior Refining Company LLC
Plaintiff: State of Wisconsin Department of Health Services, Department of Health and Human Services, Edward Wysocki, Liberty Mutual Insurance and Leslie Wood
Defendant: Superior Refining Company LLC
Case Number: 3:2021cv00006
Filed: January 4, 2021
Court: US District Court for the Western District of Wisconsin
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2021 Opinion or Order Filing 18 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Dispositive Motions due 7/29/2022. Settlement Letters due 12/2/2022. Motions in Limine due 12/9/2022. Response to Motion due 12/23/2022. Final Pretrial Conference set for 1/10/2023 at 04:00 PM. Jury Selection and Trial set for 1/23/2023 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/3/2021. (rks)
March 3, 2021 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 3/2/2021 [:15] (cak)
March 1, 2021 Filing 17 Brief in Support of #16 Motion to Dismiss Amended Complaint for Failure to State a Claim by Defendant Superior Refining Company LLC (Olson, Joseph)
March 1, 2021 Filing 16 MOTION TO DISMISS Amended Complaint for Failure to State a Claim by Defendant Superior Refining Company LLC. Brief in Opposition due 3/22/2021. Brief in Reply due 4/1/2021. (Olson, Joseph)
February 19, 2021 Opinion or Order Filing 15 ** TEXT ONLY ORDER ** In light of plaintiffs filing an amended complaint, which appears to be their right "as a matter of course" under Federal Rule of Civil Procedure 15(a)(1)(B), involuntary plaintiffs Liberty Mutual Insurance, State of Wisconsin Department of Health Services, and Department of Health and Human Services are no longer named parties in this case. However, at least two complications arise by virtue of plaintiffs' filing. First, if Liberty Mutual Insurance wishes to pursue its recently filed cross-claims and counter-claims (dkt. #10 ), it will need to move to intervene as plaintiff under Federal Rule of Civil Procedure 24. The court will allow Liberty Mutual until March 1, 2021, to so move. Otherwise, its cross-claims and counter-claims will be dismissed as moot. Additionally, defendant Superior Refining Company LLC's ("SRC") motion to dismiss (dkt. #7 ) would now appear directed at a non-operative complaint. Accordingly, SRC is directed on or before March 1, 2021, either to: (1) notify the court that it intends to stand on its original motion, in which case the court will give plaintiffs until March 11, 2021, to respond; or (2) file a new motion to dismiss or responsive pleading to plaintiffs' amended complaint. Signed by District Judge William M. Conley on 2/19/2021. (rks)
February 19, 2021 Filing 14 Joint Report of Rule 26(f) Planning Meeting (Olson, Joseph)
February 15, 2021 Filing 13 Brief in Opposition by Plaintiffs Leslie Wood, Edward Wysocki re: #7 Motion to Dismiss filed by Superior Refining Company LLC (Lein, Matthew)
February 15, 2021 Filing 12 AMENDED COMPLAINT against Superior Refining Company LLC, filed by Leslie Wood, Edward Wysocki. (Lein, Matthew)
January 28, 2021 Filing 11 Corporate Disclosure Statement by Cross Claimant Liberty Mutual Insurance. (Malloy, Mark)
January 28, 2021 Filing 10 ANSWER, CROSSCLAIM against Edward Wysocki, State of Wisconsin Department of Health Services, Leslie Wood, Department of Health and Human Services, COUNTERCLAIM against Superior Refining Company LLC by Involuntary Plaintiff Liberty Mutual Insurance. (Malloy, Mark) Modified on 1/28/2021. (lak)
January 28, 2021 Filing 9 Notice of Appearance filed by Mark D. Malloy for Plaintiff Liberty Mutual Insurance. (Malloy, Mark)
January 26, 2021 Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 3/2/2021 at 02:30 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] (rks)
January 25, 2021 Filing 8 Brief in Support of #7 Motion to Dismiss for Failure to State a Claim by Defendant Superior Refining Company LLC (Olson, Joseph)
January 25, 2021 Filing 7 MOTION TO DISMISS for Failure to State a Claim by Defendant Superior Refining Company LLC. Brief in Opposition due 2/16/2021. Brief in Reply due 2/25/2021. (Olson, Joseph)
January 20, 2021 Opinion or Order Filing 6 ** TEXT ONLY ORDER **ORDER granting #3 Motion to Admit Colleen M. Kenney Pro Hac Vice; granting #4 Motion to Admit Dino L. LaVerghetta Pro Hac Vice; granting #5 Motion to Admit Kara L. McCall Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 1/20/2021. (lak)
January 20, 2021 Filing 5 Motion to Admit Kara McCall Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2813917.) by Defendant Superior Refining Company LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (McCall, Kara)
January 20, 2021 Filing 4 Motion to Admit Dino L LaVerghetta Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2813908.) by Defendant Superior Refining Company LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (LaVerghetta, Dino)
January 20, 2021 Filing 3 Motion to Admit Colleen M. Kenney Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2813905.) by Defendant Superior Refining Company LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Kenney, Colleen)
January 5, 2021 Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (rks)
January 5, 2021 Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks)
January 4, 2021 Filing 2 Corporate Disclosure Statement by Defendant Superior Refining Company LLC. (Olson, Joseph)
January 4, 2021 Filing 1 NOTICE OF REMOVAL from Douglas County Circuit Court, case number 2020cv000266. ( Filing fee $ 402 receipt number 0758-2806016), filed by Superior Refining Company LLC. (Attachments: #1 Exhibit A-Douglas Co. Case Details, #2 Exhibit B-Douglas Co. Complaint, #3 Exhibit C-Discovery to SRC, #4 Exhibit D-Discovery to Liberty et al, #5 Exhibit E-Admission of Service, #6 Exhibit F-Douglas Co. Notice of Filing of Notice of Removal, #7 JS-44 Civil Cover Sheet) (Olson, Joseph) Modified on 1/5/2021. (lak)

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Plaintiff: State of Wisconsin Department of Health Services
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Plaintiff: Department of Health and Human Services
Represented By: Timothy Michael O'Shea
Represented By: Timothy Craig Samuelson
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Plaintiff: Edward Wysocki
Represented By: Matthew Curtiss Lein
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Plaintiff: Liberty Mutual Insurance
Represented By: Mark D. Malloy
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Plaintiff: Leslie Wood
Represented By: Matthew Curtiss Lein
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Defendant: Superior Refining Company LLC
Represented By: Joseph Louis Olson
Represented By: Colleen M. Kenney
Represented By: Dino L LaVerghetta
Represented By: Kara McCall
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