American Dairy Queen Corporation v. Wineinger, David
Plaintiff: American Dairy Queen Corporation
Defendant: David Wineinger
Case Number: 3:2021cv00378
Filed: June 7, 2021
Court: US District Court for the Western District of Wisconsin
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2022 Opinion or Order Filing 55 Response to Proposed Findings of Fact filed by Plaintiff American Dairy Queen Corporation re: #27 Motion for Summary Judgment (Bundy, Kerry)
June 13, 2022 Opinion or Order Filing 54 Reply in Support of Proposed Findings of Fact filed by Plaintiff American Dairy Queen Corporation re: #31 Motion for Summary Judgment (Bundy, Kerry)
June 13, 2022 Opinion or Order Filing 53 Second Proposed Findings of Fact filed by Plaintiff American Dairy Queen Corporation re: #31 Motion for Summary Judgment (Bundy, Kerry)
June 13, 2022 Opinion or Order Filing 52 Brief in Reply by Plaintiff American Dairy Queen Corporation in Support of #31 Motion for Summary Judgment (Bundy, Kerry)
June 13, 2022 Opinion or Order Filing 51 Response to Proposed Findings of Fact filed by Defendant David Wineinger re: #31 Motion for Summary Judgment (Korzenowski, Scott)
June 13, 2022 Opinion or Order Filing 50 Reply in Support of Proposed Findings of Fact filed by Defendant David Wineinger re: #27 Motion for Summary Judgment (Korzenowski, Scott)
June 13, 2022 Opinion or Order Filing 49 Brief in Reply by Defendant David Wineinger in Support of #27 Motion for Summary Judgment (Korzenowski, Scott)
June 3, 2022 Opinion or Order Filing 48 Proposed Findings of Fact filed by Plaintiff American Dairy Queen Corporation re: #27 Motion for Summary Judgment. (Bundy, Kerry) Modified on 6/6/2022: Linked to the correct motion. (lak)
June 3, 2022 Opinion or Order Filing 47 Affidavit of Scott Korzenowski filed by Defendant David Wineinger In Support of Second Statement of Proposed Findings of Fact re: #31 Motion for Summary Judgment, (Attachments: #1 Exhibit 1 - October 20, 1995, Mr. Misty Amendment) (Korzenowski, Scott) Modified on 6/6/2022: Linked to the correct motion. (lak)
June 3, 2022 Opinion or Order Filing 46 Declaration of Kerry L. Bundy filed by Plaintiff American Dairy Queen Corporation re: #27 Motion for Summary Judgment (Attachments: #1 Exhibit A - Black's Law Excerpt) (Bundy, Kerry)
June 3, 2022 Opinion or Order Filing 45 Second Proposed Findings of Fact filed by Defendant David Wineinger re: #31 Motion for Summary Judgment. (Korzenowski, Scott) Modified on 6/6/2022: Linked to the correct motion. (lak)
June 3, 2022 Opinion or Order Filing 44 Brief in Opposition by Plaintiff American Dairy Queen Corporation re: #27 Motion for Summary Judgment filed by David Wineinger (Bundy, Kerry)
June 3, 2022 Opinion or Order Filing 43 Response to Proposed Findings of Fact filed by Defendant David Wineinger re: #31 Motion for Summary Judgment (Korzenowski, Scott)
June 3, 2022 Opinion or Order Filing 42 Response to Proposed Findings of Fact filed by Plaintiff American Dairy Queen Corporation re: #27 Motion for Summary Judgment of Defendant (Bundy, Kerry)
June 3, 2022 Opinion or Order Filing 41 Brief in Opposition by Defendant David Wineinger re: #31 Motion for Summary Judgment filed by American Dairy Queen Corporation (Korzenowski, Scott)
May 16, 2022 Opinion or Order Filing 40 Redaction to #30 Affidavit, by Defendant David Wineinger (Attachments: #1 Exhibit 1 - Defendant's Amended Notice of 30(b)(6) Deposition, #2 Exhibit 2 - Transcript of 30(b)(6) deposition of Genevieve Beck, #3 Exhibit 3 - ADQ's Answer to Interrogatory No. 12, #4 Exhibit 4 - Wineinger's Original Agreement, #5 Exhibit 5 - ADQ's Answers to First Requests for Admissions, #6 Exhibit 6 - ADQ's Answer to Interrogatory No. 13, #7 Exhibit 7 - ADQ's Answer to Interrogatory No. 5, #8 Exhibit 8 - ADQ's Answer to Interrogatory No. 11, #9 Exhibit 9 - Exhibit 29 to the Genevieve Beck deposition, #10 Exhibit 10 - ADQ's Answer to Interrogatory No. 10, #11 Exhibit 11 - Exhibit 10 to the Genevieve Beck deposition, #12 Exhibit 12 - ADQ's Answer to Interrogatory No. 16, #13 Exhibit 13 - Exhibit 26 to the Genevieve Beck deposition, #14 Exhibit 14 - Renee Running Email to Michelle Chavez, #15 Exhibit 15 - Article 14.02, Step 4(a) of ADQ's 2019 System Standards and Operations Manual, #16 Exhibit 16 - Article 14.02, Step 4(a) of ADQ's 2021 System Standards and Operations Manual, #17 Exhibit 17 - Exhibit 43 to the Genevieve Beck deposition, #18 Exhibit 18 - Exhibit 42 to the Genevieve Beck deposition, #19 Exhibit 19 - Exhibit 44 to the Genevieve Beck deposition, #20 Exhibit 20 - Exhibit 46 to the Genevieve Beck deposition, #21 Exhibit 21 - Exhibit 48 to the Genevieve Beck deposition, #22 Exhibit 22 - Exhibit 52 to the Genevieve Beck deposition, #23 Exhibit 23 - 1986 Operating Agreement for Store No. 11411, #24 Exhibit 24 - 1996 Assignment and Consent to Assignment, #25 Exhibit 25 - 2001 Assignment and Consent to Assignment, #26 Exhibit 26 - 1983 Operating Agreement for Store No. 14971, #27 Exhibit 27 - 1994 Turtle Lake, WI Assignment and Consent to Assignment, #28 Exhibit 28 - 1996 Turtle Lake, WI Assignment and Consent to Assignment, #29 Exhibit 29 - 1990 Cumberland, WI Assignment and Consent to Assignment, #30 Exhibit 30 - 2011 Cumberland, WI Assignment and Consent to Assignment, #31 Exhibit 31 - Exhibit 21 to the Genevieve Beck deposition, #32 Exhibit 32 - 2021 Treat Operating Agreement, #33 Exhibit 33 - Transcript of the deposition of RTZ-Tess Zebell, #34 Exhibit 34 - Transcript of the deposition of David Wineinger, #35 Exhibit 35 - Exhibit 9 to the RTZ-Tess Zebell deposition) (Korzenowski, Scott)
May 13, 2022 Opinion or Order Filing 39 Proposed Findings of Fact filed by Plaintiff American Dairy Queen Corporation re: #31 Motion for Summary Judgment (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 38 Redaction to #33 Declaration of Genevieve Beck filed by Plaintiff American Dairy Queen Corporation, (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - 1998 Assignment to Wineingers, #3 Exhibit C - 2010 Assignment to Wineingers, #4 Exhibit D - Notice of Default re meat patty, #5 Exhibit E - Notice of Default re freezer, #6 Exhibit F - DQ Grill & Chill Operating Agreement, #7 Exhibit G - DQ Treat Operating Agreement, #8 Exhibit H - DQ Standards and Operations Manual, #9 Exhibit I - Contract - Transfer Packet Document, #10 Exhibit J - Running Email, Feb. 2, 2021, #11 Exhibit K - Running Email, Feb. 9, 2021, #12 Exhibit L - West Allis Franchise Agreement, #13 Exhibit M - Contract - Transfer Packet Document, #14 Exhibit N - Email re: West Allis Transfer, #15 Exhibit O - Crookston Transfer Request and Release, #16 Exhibit P - Little Falls Transfer Request and Release) (Bundy, Kerry) Modified on 5/16/2022. (lak)
May 13, 2022 Opinion or Order Filing 37 Declaration of Kerry L. Bundy filed by Plaintiff American Dairy Queen Corporation re: #31 Motion for Summary Judgment (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 36 Deposition of Tess Zebell taken on April 14, 2022 in support of Plaintiff's Motion for Summary Judgment. (Sealed Document) (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 35 Deposition of David Wineinger taken on April 12, 2022 in Support of Plaintiff's Motion for Summary Judgment. (Sealed Document) (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 34 Deposition of Genevieve Beck taken on May 5, 2022in support of Motion for Summary Judgment. (Sealed Document) (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 33 Declaration of Genevieve Beck filed by Plaintiff American Dairy Queen Corporation re: #31 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - 1998 Assignment to Wineingers, #3 Exhibit C - 2010 Assignment to Wineingers, #4 Exhibit D - Notice of Default re meat patty, #5 Exhibit E - Notice of Default re freezer, #6 Exhibit F - DQ Grill & Chill Operating Agreement, #7 Exhibit G - DQ Treat Operating Agreement, #8 Exhibit H - DQ Standards and Operations Manual, #9 Exhibit I - Contract-Transfer Packet Document, #10 Exhibit J - Running Email, Feb 2, 2021, #11 Exhibit K - Running Email, Feb. 9, 2021, #12 Exhibit L - West Allis Franchise Agreement, #13 Exhibit M - Contract - Transfer Packet Document, #14 Exhibit N - Email re West Allis Transfer, #15 Exhibit O - Crookston Transfer Request and Release, #16 Exhibit P - Little Fals Transfer Request and Release) (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 32 Brief in Support of #31 Motion for Summary Judgment by Plaintiff American Dairy Queen Corporation (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 31 MOTION FOR SUMMARY JUDGMENT by Plaintiff American Dairy Queen Corporation. Brief in Opposition due 6/3/2022. Brief in Reply due 6/13/2022. (Bundy, Kerry)
May 13, 2022 Opinion or Order Filing 30 Affidavit of Scott Korzenowski filed by Defendant David Wineinger re: #27 Motion for Summary Judgment. (Sealed Document) (Attachments: #1 Exhibit 1 - Defendant's Amended Notice of 30(b)(6) Deposition, #2 Exhibit 2 - Transcript of 30(b)(6) deposition of Genevieve Beck, #3 Exhibit 3 - ADQ's Answer to Interrogatory No. 12, #4 Exhibit 4 - Wineinger's Original Agreement, #5 Exhibit 5 - ADQ's Answers to First Requests for Admissions, #6 Exhibit 6 - ADQ's Answer to Interrogatory No. 13, #7 Exhibit 7 - ADQ's Answer to Interrogatory No. 5, #8 Exhibit 8 - ADQ's Answer to Interrogatory No. 11, #9 Exhibit 9 - Exhibit 29 to the Genevieve Beck deposition, #10 Exhibit 10 - ADQ's Answer to Interrogatory No. 10, #11 Exhibit 11 - Exhibit 10 to the Genevieve Beck deposition, #12 Exhibit 12 - ADQ's Answer to Interrogatory No. 16, #13 Exhibit 13 - Exhibit 26 to the Genevieve Beck deposition, #14 Exhibit 14 - Renee Running Email to Michelle Chavez, #15 Exhibit 15 - Article 14.02, Step 4(a) of ADQ's 2019 System Standards and Operations Manual, #16 Exhibit 16 - Article 14.02, Step 4(a) of ADQ's 2021 System Standards and Operations Manual, #17 Exhibit 17 - Exhibit 43 to the Genevieve Beck deposition, #18 Exhibit 18 - Exhibit 42 to the Genevieve Beck deposition, #19 Exhibit 19 - Exhibit 44 to the Genevieve Beck deposition, #20 Exhibit 20 - Exhibit 46 to the Genevieve Beck deposition, #21 Exhibit 21 - Exhibit 48 to the Genevieve Beck deposition, #22 Exhibit 22 - Exhibit 52 to the Genevieve Beck deposition, #23 Exhibit 23 - 1986 Operating Agreement for Store No. 11411, #24 Appendix 24 - 1996 Assignment and Consent to Assignment, #25 Exhibit 25 - 2001 Assignment and Consent to Assignment, #26 Exhibit 26 - 1983 Operating Agreement for Store No. 14971, #27 Exhibit 27 - 1994 Turtle Lake, WI Assignment and Consent to Assignment, #28 Exhibit 28 - 1996 Turtle Lake, WI Assignment and Consent to Assignment, #29 Exhibit 29 - 1990 Cumberland, WI Assignment and Consent to Assignment, #30 Exhibit 30 - 2011 Cumberland, WI Assignment and Consent to Assignment, #31 Exhibit 31 - Exhibit 21 to the Genevieve Beck deposition, #32 Exhibit 32 - 2021 Treat Operating Agreement, #33 Exhibit 33 - Transcript of the deposition of RTZ-Tess Zebell, #34 Exhibit 34 - Transcript of the deposition of David Wineinger, #35 Exhibit 35 - Exhibit 9 to the RTZ-Tess Zebell deposition) (Korzenowski, Scott) Modified on 5/16/2022. (kwf)
May 13, 2022 Opinion or Order Filing 29 Proposed Findings of Fact filed by Defendant David Wineinger re: #27 Motion for Summary Judgment (Korzenowski, Scott)
May 13, 2022 Opinion or Order Filing 28 Brief in Support of #27 Motion for Summary Judgment by Defendant David Wineinger (Korzenowski, Scott)
May 13, 2022 Opinion or Order Filing 27 MOTION FOR SUMMARY JUDGMENT by Defendant David Wineinger. Brief in Opposition due 6/3/2022. Brief in Reply due 6/13/2022. (Korzenowski, Scott)
September 8, 2021 Opinion or Order Filing 26 ** TEXT ONLY ORDER **The parties' stipulated protective order #25 is accepted and entered as the court's order with these edits: in Paragraph 1 on Page 4, the phrase "a party reasonably and in good faith believes to" is deleted and the word "contain" is changed to "contains." This makes the definition of "confidential material" objective, as required by circuit law. Signed by Magistrate Judge Stephen L. Crocker on 9/8/2021. (kwf)
September 7, 2021 Opinion or Order Filing 25 Stipulated Motion for Protective Order by Plaintiff American Dairy Queen Corporation. (Linderman, Lauren)
August 25, 2021 Opinion or Order Filing 24 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amendments to Pleadings due 10/15/2021. Dispositive Motions due 5/13/2022. Settlement Letters due 8/26/2022. Motions in Limine due 9/2/2022. Responses due 9/16/2022. Final Pretrial Conference set for 9/28/2022 at 4:00 PM. Court Trial set for 10/11/2022 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 8/25/2021. (kwf)
August 24, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 8/24/2021 [:10] (cak)
August 18, 2021 Opinion or Order Filing 23 Reply to Counterclaim by Plaintiff American Dairy Queen Corporation. (Linderman, Lauren)
August 16, 2021 Opinion or Order Filing 22 Joint Preliminary Pretrial Conference Report by Plaintiff American Dairy Queen Corporation, Counter Defendant American Dairy Queen Corporation (Bundy, Kerry)
July 29, 2021 Opinion or Order Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 8/24/2021 at 1:00 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] (kwf)
July 28, 2021 Opinion or Order Filing 21 ANSWER, COUNTERCLAIM against American Dairy Queen Corporation by Defendant David Wineinger, (Attachments: #1 Exhibit 1 - 1952 Franchise Agreement, #2 Exhibit 2 - 2/17/1998 Assignment and Consent to Assignment, #3 Exhibit 3 - 10/18/2010 Assignment and Consent to Assignment, #4 Exhibit 4 - 2/11/2021 Email between R. Running and D. Wineinger, #5 Exhibit 5 - 3/19/2021 Letter from J. Michael Dady, #6 Exhibit 6 - 3/24/2021 Letter from Genevieve Beck, #7 Exhibit 7 - 4/12/2021 Letter from J. Michael Dady, #8 Exhibit 8 - ADQ 2021 Franchise Agreement) (Korzenowski, Scott) Modified on 7/29/2021. (lak)
July 28, 2021 Opinion or Order Filing 20 Notice of Appearance filed by Roberta F. Howell for Plaintiff American Dairy Queen Corporation. (Howell, Roberta)
July 28, 2021 Opinion or Order Filing 19 Notice of Appearance filed by Andrew Casimir Gresik for Plaintiff American Dairy Queen Corporation. (Gresik, Andrew)
July 12, 2021 Opinion or Order Filing 18 Notice of Appearance filed by Scott Korzenowski for Defendant David Wineinger. (Korzenowski, Scott)
July 12, 2021 Opinion or Order Filing 17 Notice of Appearance filed by Rachel Zaiger for Defendant David Wineinger. (Zaiger, Rachel)
July 12, 2021 Opinion or Order Filing 16 Notice of Appearance filed by J. Michael Dady for Defendant David Wineinger. (Dady, J.)
July 8, 2021 Opinion or Order Judge update in case. Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak)
July 7, 2021 Opinion or Order Filing 15 ** TEXT ONLY ORDER **ORDER granting #13 Motion to Admit Rachel Zaiger Pro Hac Vice; granting #14 Motion to Admit Scott E. Korzenowski Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 7/7/2021. (lak)
July 6, 2021 Opinion or Order Filing 14 Motion to Admit Scott Korzenowski Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2901114.) by Defendant David Wineinger. (Korzenowski, Scott)
July 6, 2021 Opinion or Order Filing 13 Motion to Admit Rachel Zaiger Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2900642.) by Defendant David Wineinger. (Zaiger, Rachel)
July 2, 2021 Opinion or Order Filing 12 ** TEXT ONLY ORDER **ORDER granting #11 Joint Stipulation for Extension of Time to Respond to Complaint. David Wineinger answer due 7/28/2021. Signed by Magistrate Judge Stephen L. Crocker on 7/2/2021. (jls)
July 2, 2021 Opinion or Order Filing 11 Joint Stipulation for Extension of Time to Respond to Complaint by Defendant David Wineinger. (Attachments: #1 Text of Proposed Order) (Goode, Joseph) Modified on 7/2/2021: E-mail sent to counsel re: duplicate text. (lak)
July 2, 2021 Opinion or Order Filing 10 Notice of Appearance filed by Mark M. Leitner for Defendant David Wineinger. (Leitner, Mark)
July 2, 2021 Opinion or Order Filing 9 Notice of Appearance filed by Joseph S. Goode for Defendant David Wineinger. (Goode, Joseph)
June 23, 2021 Opinion or Order Filing 8 Notice of Appearance filed by Lauren Wright Linderman for Plaintiff American Dairy Queen Corporation. (Linderman, Lauren)
June 23, 2021 Opinion or Order Filing 7 Notice of Appearance filed by David Clifford Archer for Plaintiff American Dairy Queen Corporation. (Archer, David)
June 23, 2021 Opinion or Order Filing 6 Notice of Appearance filed by Kerry Lou Bundy for Plaintiff American Dairy Queen Corporation. (Bundy, Kerry)
June 17, 2021 Opinion or Order Filing 5 Affidavit of Service by Plaintiff. American Dairy Queen Corporation served on 6/16/2021, answer due 7/7/2021. (Turner, Joshua)
June 15, 2021 Opinion or Order Filing 4 Summons Issued as to David Wineinger. (kwf)
June 14, 2021 Opinion or Order Filing 3 Request for Issuance of Summons by Plaintiff American Dairy Queen Corporation. (Turner, Joshua)
June 8, 2021 Opinion or Order Case randomly assigned to Magistrate Judge Stephen L. Crocker. (kwf)
June 8, 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)
June 7, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement by Plaintiff American Dairy Queen Corporation. (Turner, Joshua)
June 7, 2021 Opinion or Order Filing 1 COMPLAINT against David Wineinger, ( Filing fee $ 402 receipt number 0758-2886965.), filed by American Dairy Queen Corporation (Attachments: #1 Exhibit 1 - Franchise Agreement, #2 Exhibit 2 - Assignment and Consent to Assignment, #3 Exhibit 3 - Assignment and Consent to Assignment, #4 JS-44 Civil Cover Sheet) (Turner, Joshua) Modified on 6/7/2021: Added exhibit descriptions. Corrected parties. (lak)

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Search for this case: American Dairy Queen Corporation v. Wineinger, David
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Defendant: David Wineinger
Represented By: J. Michael Dady
Represented By: Joseph S. Goode
Represented By: Mark M. Leitner
Represented By: Scott Korzenowski
Represented By: Rachel Zaiger
Represented By: Scott Edward Korzenowski
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Plaintiff: American Dairy Queen Corporation
Represented By: Joshua Nathaniel Turner
Represented By: Andrew Casimir Gresik
Represented By: David Clifford Archer
Represented By: Kerry Lou Bundy
Represented By: Lauren Wright Linderman
Represented By: Roberta F. Howell
Represented By: Andrew C. Gresik
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