Edgewood High School of the Sacred Heart, Inc. v. City of Madison, Wisconsin et al
Plaintiff: Edgewood High School of the Sacred Heart, Inc.
Defendant: City of Madison Plan Commission, City of Madison, Wisconsin, City Of Madison Common Council, Director George Hank, City of Madison Zoning Board of Appeals, Zoning Administrator Matthew Tucker and Alder Tag Evers
Case Number: 3:2021cv00118
Filed: February 19, 2021
Court: US District Court for the Western District of Wisconsin
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. ยง 2000 cc RLUIPA (Religious Land Use and Institutionalized Persons Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2022 Opinion or Order Filing 28 OPINION AND ORDER granting in part and denying in part #12 Motion to Dismiss and Motion to Strike. Defendants Matthew Tucker, George Hank, and Tag Evers are DISMISSED. Signed by District Judge William M. Conley on 5/3/2022. (kwf)
April 29, 2022 Opinion or Order Filing 27 ** TEXT ONLY ORDER **ORDER granting #26 Motion to Withdraw as Attorney. Attorney Paul James Covaleski withdrawn from the case. Signed by Magistrate Judge Stephen L. Crocker on 4/29/2022. (kwf)
April 29, 2022 Opinion or Order Filing 26 Motion to Withdraw as Attorney of Paul J. Covaleski by Plaintiff Edgewood High School of the Sacred Heart, Inc.. Response due 5/6/2022. (Covaleski, Paul)
April 1, 2022 Opinion or Order Filing 25 ** TEXT ONLY ORDER **ORDER granting #24 Joint Motion for Extension of Time. Dispositive Motions due 5/20/2022. Signed by Magistrate Judge Stephen L. Crocker on 4/1/2022. (arw)
April 1, 2022 Opinion or Order Filing 24 Joint Motion for Extension of Time to Extend Summary Judgment deadline 7 days by Plaintiff Edgewood High School of the Sacred Heart, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Covaleski, Paul)
November 22, 2021 Opinion or Order Filing 23 ** TEXT ONLY ORDER **Defendants' motion to continue the discovery stay that ended on August 13, 2021 is denied. The court-wide stay policy provides the parties in a civil case a 12-week respite from discovery at the beginning of their lawsuit when a dismissal motion has been filed before we set the schedule, and the court accounts for this 12-week stay when setting the schedule. Although the court endeavors to decide these dismissal motions before the 12 weeks have run, it does not always succeed, which is why the deadline is an either/or proposition. In the absence of a granted dismissal motion within 12 weeks, discovery must begin when the stay ends so that the case will stay on schedule. Although defendants' arguments in favor of continuing the stay are correct as far as they go, the court considered and rejected this approach when it enacted its 12-week either/or policy, and there is nothing unique to this case that would cause the court to keep the stay in place. Signed by Magistrate Judge Stephen L. Crocker on 11/22/2021. (kwf)
November 19, 2021 Opinion or Order Filing 22 Affidavit of Paul Covaleski filed by Plaintiff Edgewood High School of the Sacred Heart, Inc. re: #19 Motion to Stay, (Attachments: #1 Exhibit Exhibit A - Email September 20, 2021) (Covaleski, Paul)
November 19, 2021 Opinion or Order Filing 21 Brief in Opposition by Plaintiff Edgewood High School of the Sacred Heart, Inc. re: #19 Motion to Stay, filed by City of Madison Plan Commission, Tag Evers, City of Madison Zoning Board of Appeals, Matthew Tucker, City Of Madison Common Council, George Hank, City of Madison, Wisconsin (Covaleski, Paul)
November 12, 2021 Opinion or Order Filing 20 Declaration of Sarah A. Zylstra filed by Defendants City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, City of Madison, Wisconsin, Tag Evers, George Hank, Matthew Tucker re: #19 Motion to Stay, (Attachments: #1 Exhibit A -- Plaintiff's Requests for Admission to All Defendants dated November 2, 2021, #2 Exhibit B -- Plaintiff's Interrogatories to All Defendants dated November 2, 2021, #3 Exhibit C -- Plaintiff's Requests for Production of Documents to All Defendants dated November 2, 2021) (Zylstra, Sarah)
November 12, 2021 Opinion or Order Filing 19 Motion to Stay by Defendants City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, City of Madison, Wisconsin, Tag Evers, George Hank, Matthew Tucker. Response due 11/19/2021. (Zylstra, Sarah)
May 21, 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 5/13/2022. Settlement Letters due 9/2/2022. Motions in Limine due 9/9/2022. Responses due 9/23/2022. Final Pretrial Conference set for 10/4/2022 at 4:00 PM. Jury Selection and Trial set for 10/17/2022 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 5/21/2021. (kwf)
May 20, 2021 Opinion or Order Filing 17 Brief in Reply by Defendants City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, City of Madison, Wisconsin, Tag Evers, George Hank, Matthew Tucker in Support of #12 Motion to Dismiss, and Motion to Strike (Blonien, Barry)
May 19, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 5/19/2021 [:10] (cak)
May 14, 2021 Opinion or Order Filing 16 Preliminary Pretrial Conference Report by Plaintiff Edgewood High School of the Sacred Heart, Inc. (Covaleski, Paul)
May 10, 2021 Opinion or Order Filing 15 Brief in Opposition by Plaintiff Edgewood High School of the Sacred Heart, Inc. re: #12 Motion to Dismiss, filed by City of Madison Plan Commission, Tag Evers, City of Madison Zoning Board of Appeals, Matthew Tucker, City Of Madison Common Council, George Hank, City of Madison, Wisconsin (Wittenwyler, Mike)
April 20, 2021 Opinion or Order Filing 14 Notice of Appearance filed by Sarah Anne Zylstra for Defendants City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, City of Madison, Wisconsin, Tag Evers, George Hank, Matthew Tucker. (Zylstra, Sarah)
April 20, 2021 Opinion or Order Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 5/19/2021 at 01:00 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)
April 20, 2021 Opinion or Order Judge update in case. Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak)
April 19, 2021 Opinion or Order Filing 13 Brief in Support of #12 Motion to Dismiss, and Motion to Strike by Defendants City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, City of Madison, Wisconsin, Tag Evers, George Hank, Matthew Tucker (Blonien, Barry)
April 19, 2021 Opinion or Order Filing 12 MOTION TO DISMISS and Motion to Strike by Defendants City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, City of Madison, Wisconsin, Tag Evers, George Hank, Matthew Tucker. Brief in Opposition due 5/10/2021. Brief in Reply due 5/20/2021. (Blonien, Barry)
March 9, 2021 Opinion or Order Filing 11 ** TEXT ONLY ORDER **ORDER accepting and granting #10 Stipulated Motion for Extension of Time to Answer. City of Madison, Wisconsin, City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, Tag Evers, George Hank, Matthew Tucker answer due 4/19/2021. Signed by Magistrate Judge Stephen L. Crocker on 3/9/2021. (kwf)
March 9, 2021 Opinion or Order Filing 10 Stipulated Motion for Extension of Time to File Answer and Waiver of Service by Plaintiff Edgewood High School of the Sacred Heart, Inc.. (Attachments: #1 Text of Proposed Order) (Covaleski, Paul)
March 3, 2021 Opinion or Order Filing 9 ** TEXT ONLY ORDER **ORDER granting #8 Motion to Admit Sorin Adrian Leahu Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 3/3/2021. (lak)
March 2, 2021 Opinion or Order Filing 8 Motion to Admit Sorin Adrian Leahu Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2836912.) by Plaintiff Edgewood High School of the Sacred Heart, Inc.. (Leahu, Sorin)
February 22, 2021 Opinion or Order Filing 7 ** TEXT ONLY ORDER **ORDER granting #5 Motion to Admit Noel W. Sterett Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 2/22/2021. (lak)
February 22, 2021 Opinion or Order Filing 6 Summons Issued as to City of Madison, Wisconsin, City Of Madison Common Council, City of Madison Plan Commission, City of Madison Zoning Board of Appeals, Tag Evers, George Hank, Matthew Tucker. (kwf)
February 22, 2021 Opinion or Order 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. (kwf)
February 22, 2021 Opinion or Order Case randomly assigned to Magistrate Judge Stephen L. Crocker. (kwf)
February 19, 2021 Opinion or Order Filing 5 Motion to Admit Noel W. Sterett Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2832329.) by Plaintiff Edgewood High School of the Sacred Heart, Inc.. (Sterett, Noel)
February 19, 2021 Opinion or Order Filing 4 Notice of Appearance of Jonathan R. Ingrisano filed by Jonathan R. Ingrisano for Plaintiff Edgewood High School of the Sacred Heart, Inc.. (Ingrisano, Jonathan)
February 19, 2021 Opinion or Order Filing 3 Notice of Appearance of Paul J. Covaleski filed by Paul James Covaleski for Plaintiff Edgewood High School of the Sacred Heart, Inc.. (Covaleski, Paul)
February 19, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement by Plaintiff Edgewood High School of the Sacred Heart, Inc.. (Wittenwyler, Mike)
February 19, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number 0758-2832003.), filed by Edgewood High School of the Sacred Heart, Inc.. (Attachments: #1 Exhibit Exhibit A - Edgewood Master Plan, #2 Exhibit Exhibit B - Our History - Edgewood High School, #3 Exhibit Exhibit C - Edgewood High School Mission Statement, #4 Exhibit Exhibit D - Planning Division Staff Report on Master Plan, #5 Exhibit Exhibit E - Oct 26, 2018 Email from Tucker, #6 Exhibit Exhibit F - April 1, 2019 Notice, #7 Exhibit Exhibit G - May 15, 2019 Notice, #8 Exhibit Exhibit H - May 31, 2019 Notice of Appeal to Zoning Board of Appeals, #9 Exhibit Exhibit I - Electrical Permit for MMHS, #10 Exhibit Exhibit J - City of Madison Site Plan Verification, #11 Exhibit Exhibit K - July 12, 2019 Letter from Michael May, #12 Exhibit Exhibit L - July 17, 2019 Email from John Strange, #13 Exhibit Exhibit M - Sept 30, 2019 Lighting Application Letter, #14 Exhibit Exhibit N - March 11, 2020 Conditional Use Application, #15 Exhibit Exhibit O - Staff Recommendation on CUP, #16 Exhibit Exhibit P - May 11, 2020 Minutes from Plan Commission, #17 Exhibit Exhibit Q - Feb 1, 2021 Published Proceedings of Common Council, #18 Exhibit Exhibit R - Feb 27, 2019 Corr from Matt Tucker, #19 JS-44 Civil Cover Sheet JS-44 Civil Cover Sheet, #20 Summons Summons to Alder Tag Evers, #21 Summons Summons to City of Madison Zoning Board of Appeals, #22 Summons Summons to City of Madison, #23 Summons Summons to George Hank, #24 Summons Summons to Matthew Tucker, #25 Summons Summons to City of Madison Common Council, #26 Summons Summons to City of Madison Plan Commission) (Wittenwyler, Mike)

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Defendant: City of Madison Plan Commission
Represented By: Barry Blonien
Represented By: Sarah Anne Zylstra
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Defendant: City of Madison, Wisconsin
Represented By: Barry Blonien
Represented By: Sarah Anne Zylstra
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Defendant: City Of Madison Common Council
Represented By: Barry Blonien
Represented By: Sarah Anne Zylstra
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Defendant: Director George Hank
Represented By: Barry Blonien
Represented By: Sarah Anne Zylstra
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Defendant: City of Madison Zoning Board of Appeals
Represented By: Barry Blonien
Represented By: Sarah Anne Zylstra
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Defendant: Zoning Administrator Matthew Tucker
Represented By: Barry Blonien
Represented By: Sarah Anne Zylstra
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Defendant: Alder Tag Evers
Represented By: Barry Blonien
Represented By: Sarah Anne Zylstra
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Plaintiff: Edgewood High School of the Sacred Heart, Inc.
Represented By: Paul James Covaleski
Represented By: Jonathan R. Ingrisano
Represented By: Noel W. Sterett
Represented By: Mike B. Wittenwyler
Represented By: Sorin Adrian Leahu
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