Wisconsin Tech Sales Inc. et al v. Tech Incorporated et al
Plaintiff: Wisconsin Tech Sales Inc.
Defendant: Tech Incorporated, Hanco Corporation, Rubber-Inc. and Rubber Inc.
Interested Party: Technical Rubber Company doing business as TECH Tire Repair
Case Number: 3:2021cv00505
Filed: August 10, 2021
Court: US District Court for the Western District of Wisconsin
Presiding Judge: Stephen L Crocker
Referring Judge: James D Peterson
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Tort/Non-Motor Vehicle
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2022 Opinion or Order Filing 119 ** TEXT ONLY ORDER ** Plaintiff has notified the court that it has reached a settlement with each of the three defendants. See Dkt. #112 ; Dkt. #113 ; and Dkt. #118 . As a result, this case is DISMISSED without prejudice. Any party may move to reopen the case on a showing of good cause. After the settlement is executed, the parties may stipulate to dismiss the case with prejudice if they wish. Signed by District Judge James D. Peterson on 9/21/2022. (rks)
September 19, 2022 Opinion or Order Filing 118 Notice of Settlement Ltr to Court advising parties are memorializing resolution by Plaintiff Wisconsin Tech Sales Inc. (Devine, Thomas)
September 19, 2022 Opinion or Order Filing 117 ** TEXT ONLY ORDER **On November 12, 2021, the court set July 15, 2022 as the deadline to file dispositive motions, which was 1 1/2 months later than what the parties had suggested. Compare dkt. #53 to dkt. #50 . The parties fell behind schedule because they didn't timely attend to discovery, but the court then gave them some breathing room, although not as much as they requested. See dkt. 76 . Defendants timely filed summary judgment motions on August 5, 2022, so the briefing should have been completed by September 6, 2022. See dkts. #80 , #88 and #94 . Plaintiff timely responded; then on September 2, 2022, the parties jointly stipulated to push back defendants' reply deadline two weeks while they "explored a global resolution that may moot the Defendants' summary judgment motions." Dkt. #114 . The court accepted the stipulation with trepidation because a September 20 2022 reply deadline against a firm December 12, 2022 trial date pushed the needle into the red. On Friday, September 16, 2022, the parties filed a carbon-copy of their first stipulation, now asking for two more weeks, to October 4, 2022 to try to settle this case before defendants submit their reply briefs in support of the three pending motions. Nothing in this stipulation suggests that the parties have made any progress since September 2, 2022, or that they predict settlement is likely if given more time. The court cannot give the parties two more weeks. Defendants may have until September 27, 2022 to file their reply briefs, and the parties should not expect rulings on the pending motions before their November 10, 2022 submission deadline for the final pretrial conference. All this being so, the court does not intend to move the December 12 trial date. The parties should plan accordingly. Signed by Magistrate Judge Stephen L. Crocker on 9/19/2022. (rks)
September 16, 2022 Opinion or Order Filing 116 Joint Stipulation to Stay Defendants' Time to File Their Replies in Support of Defendants Motions for Summary Judgment by Plaintiff Wisconsin Tech Sales Inc. (Devine, Thomas) Modified on 9/19/2022 (rks).
September 2, 2022 Opinion or Order Filing 115 ** TEXT ONLY ORDER **ORDER accepting #114 Joint Stipulation to Stay Defendants' Time to File Their Replies in Support of Defendants' Motions for Summary Judgment, extension granted. Brief in Reply due 9/20/2022. Signed by Magistrate Judge Stephen L. Crocker on 9/2/2022. (rks)
September 2, 2022 Opinion or Order Filing 114 Joint Stipulation to Stay Defendants' Time to File Their Replies in Support of Defendants' Motions for Summary Judgment by Defendant Hanco Corporation. (Turner, Joshua)
September 1, 2022 Opinion or Order Filing 113 Notice by Plaintiff Wisconsin Tech Sales Inc. Letter to Judge Re: Resolution with Rubber Inc.. (Devine, Thomas)
August 31, 2022 Opinion or Order Filing 112 Notice by Plaintiff Wisconsin Tech Sales Inc. of Resolution in Principle with Hanco Corp. (Devine, Thomas) Modified on 8/31/2022. (lak)
August 29, 2022 Opinion or Order Filing 111 Declaration of Thomas M. Devine filed by Plaintiff Wisconsin Tech Sales Inc. re: #80 Motion for Summary Judgment, #88 Motion for Summary Judgment, #94 Motion for Summary Judgment (Attachments: #1 Exhibit D - Technical Rubber Document Production, #2 Exhibit F - May 2021 email correspondence, #3 Exhibit E - Lou Calabrese 5/16/18 letter correspondence, #4 Exhibit C - Tech Inc.'s Responses to Plaintiff's First and Second Request for Production of Documents, #5 Exhibit B - Defendant Tech Incorporated's Rule 26 Initial Disclosures, #6 Exhibit J - Rubber Inc.'s Response to Request for Production of Documents, #7 Exhibit I - 2022-08-05 Hanco's Responses to Plaintiff's Request for Production of Documents, #8 Exhibit H - Excerpt of Dennis Larson 8/17/22 Deposition (Not in condensed format), #9 Exhibit G - Notice of Deposition of Tech, Inc., #10 Exhibit A - Larry Cerny 7/20/22 Deposition Transcript (Not in condensed format.) (Devine, Thomas) Modified on 8/29/2022. (lak)
August 29, 2022 Opinion or Order Filing 110 Proposed Findings of Fact filed by Plaintiff Wisconsin Tech Sales Inc. re: #80 Motion for Summary Judgment, #88 Motion for Summary Judgment, #94 Motion for Summary Judgment (Devine, Thomas)
August 26, 2022 Opinion or Order Filing 109 Brief in Opposition by Plaintiff Wisconsin Tech Sales Inc. re: #80 Motion for Summary Judgment filed by Hanco Corporation, #94 Motion for Summary Judgment filed by Rubber Inc., #88 Motion for Summary Judgment filed by Tech Incorporated (Attachments: #1 Exhibit - Disregard) (Devine, Thomas) Modified on 8/29/2022. (lak)
August 26, 2022 Opinion or Order Filing 108 Errata Sheet to #86 Deposition (Devine, Thomas)
August 26, 2022 Opinion or Order Filing 107 Declaration of Mike BeVier filed by Plaintiff Wisconsin Tech Sales Inc. re: #88 Motion for Summary Judgment (Devine, Thomas)
August 26, 2022 Opinion or Order Filing 106 Response to Proposed Findings of Fact filed by Plaintiff Wisconsin Tech Sales Inc. re: #88 Motion for Summary Judgment (Devine, Thomas)
August 26, 2022 Opinion or Order Filing 105 Response to Proposed Findings of Fact filed by Plaintiff Wisconsin Tech Sales Inc. re: #80 Motion for Summary Judgment (Devine, Thomas)
August 26, 2022 Opinion or Order Filing 104 Response to Proposed Findings of Fact filed by Plaintiff Wisconsin Tech Sales Inc. re: #94 Motion for Summary Judgment (Devine, Thomas)
August 26, 2022 Opinion or Order Filing 103 Disregard. Modified on 8/29/2022. (lak)
August 11, 2022 Opinion or Order Filing 102 Brief in Opposition by Plaintiff Wisconsin Tech Sales Inc. re: #79 Motion for Protective Order filed by Rubber Inc. (Devine, Thomas)
August 11, 2022 Opinion or Order Filing 101 ** TEXT ONLY ORDER ** The court's acceptance of the "joint" protective order #79 was incorrect. This motion is contested. The court will rule on the contents of the protective order after all parties have been heard. Signed by Magistrate Judge Stephen L. Crocker on 8/11/22. (jat)
August 11, 2022 Opinion or Order Filing 100 ** TEXT ONLY ORDER **The parties' jointly-proposed protective order #79 is accepted and entered as the court's order with this edit: in Paragraph 1(a)(i), the phrase "the Designating Party claims, in good faith" is deleted. This makes the definition of confidential information objective, as required by circuit law. Signed by Magistrate Judge Stephen L. Crocker on 8/11/2022. (arw)
August 5, 2022 Opinion or Order Filing 99 Proposed Findings of Fact filed by Defendant Hanco Corporation re: #80 Motion for Summary Judgment (Cockson, Michael)
August 5, 2022 Opinion or Order Filing 98 Declaration of Vanessa R. Tiradentes filed by Defendant Rubber Inc. re: #94 Motion for Summary Judgment (Attachments: #1 Exhibit A - Letter Agreement (Exhibit 2 to Cerny Deposition), #2 Exhibit B - 2000 Agreement (Exhibit 3 to Cerny Deposition), #3 Exhibit C - Letter Dated July 10 2017 (Exhibit 5 to Cerny Deposition), #4 Exhibit D - Email Chain dated March 19-31 2021 (Exhibit 8 to Cerny Deposition), #5 Exhibit E - Email Chain dated April 16-May 14 2021 (Exhibit 9 to Cerny Deposition), #6 Exhibit F - Exclusivity Agreement (Exhibit 10 to Cerny Deposition), #7 Exhibit G - Tech International Distributor Agreement (Exhibit 11 to Cerny Deposition)) (Tiradentes, Vanessa) Modified on 8/8/2022. (lak)
August 5, 2022 Opinion or Order Filing 97 Affidavit of Joseph Maffia filed by Defendant Rubber Inc. re: #94 Motion for Summary Judgment. (Tiradentes, Vanessa) Modified on 8/8/2022. (lak)
August 5, 2022 Opinion or Order Filing 96 Proposed Findings of Fact filed by Defendant Rubber Inc. re: #94 Motion for Summary Judgment (Tiradentes, Vanessa)
August 5, 2022 Opinion or Order Filing 95 Brief in Support of #94 Motion for Summary Judgment by Defendant Rubber Inc. (Attachments: #1 Exhibit A - Plaintiff's Response to Defendant Rubber Inc.'s First Request for Admission, #2 Exhibit B - Plaintiff's Answers to Defendant Rubber Inc.'s First Set of Interrogatories) (Tiradentes, Vanessa)
August 5, 2022 Opinion or Order Filing 94 MOTION FOR SUMMARY JUDGMENT by Defendant Rubber Inc.. Brief in Opposition due 8/26/2022. Brief in Reply due 9/6/2022. (Tiradentes, Vanessa)
August 5, 2022 Opinion or Order Filing 93 Brief in Support of #88 Motion for Summary Judgment by Defendant Tech Incorporated (Myers, Aaron)
August 5, 2022 Opinion or Order Filing 92 Declaration of Matt Smith filed by Defendant Tech Incorporated re: #88 Motion for Summary Judgment (Myers, Aaron)
August 5, 2022 Opinion or Order Filing 91 Declaration of Thomas Groff filed by Defendant Tech Incorporated re: #88 Motion for Summary Judgment (Myers, Aaron)
August 5, 2022 Opinion or Order Filing 90 Declaration of Aaron A. Myers filed by Defendant Tech Incorporated re: #88 Motion for Summary Judgment (Attachments: #1 Exhibit Exhibit A - Depo Excerpts, #2 Exhibit Exhibit B - 3-20-87 Ltr, #3 Exhibit Exhibit C - Amended Ex - Map, #4 Exhibit Exhibit D - 5-31-2000 Agreement, #5 Exhibit Exhibit E - 7-10-17 Ltr, #6 Exhibit Exhibit F - 9-8-17 Ltr, #7 Exhibit Exhibit G - 5-16-18 Ltr, #8 Exhibit Exhibit H - 6-16-20 Memo, #9 Exhibit Exhibit I - 11-13-18 Letter, #10 Exhibit Exhibit J - Emails, #11 Exhibit Exhibit K - RFA Responses, #12 Exhibit Exhibit L - 3-15-21 Email, #13 Exhibit Exhibit M - 5-14-21 Email, #14 Exhibit Exhibit N - 3-31-21 Email, #15 Exhibit Exhibit O - 7-19-22 Email, #16 Exhibit Exhibit P - Exclusivity Agreement, #17 Exhibit Exhibit Q - Distributor Agreement, #18 Exhibit Exhibit R - IROG Responses, #19 Exhibit Exhibit S - 3-10-21 Email) (Myers, Aaron)
August 5, 2022 Opinion or Order Filing 89 Proposed Findings of Fact filed by Defendant Tech Incorporated re: #88 Motion for Summary Judgment (Myers, Aaron)
August 5, 2022 Opinion or Order Filing 88 MOTION FOR SUMMARY JUDGMENT by Defendant Tech Incorporated. Brief in Opposition due 8/26/2022. Brief in Reply due 9/6/2022. (Myers, Aaron)
August 5, 2022 Opinion or Order Filing 87 Notice of Appearance filed by Aaron A. Myers for Defendant Tech Incorporated. (Myers, Aaron)
August 5, 2022 Opinion or Order Filing 86 Deposition of Larry Cerny taken on July 20, 2022. Exhibit 1 to the Declaration of Michael F. Cockson In Support of Hanco Corporation's Motion for Summary Judgment. (Cockson, Michael)
August 5, 2022 Opinion or Order Filing 85 Disregard. Modified on 8/5/2022. (lak)
August 5, 2022 Opinion or Order Filing 84 Declaration of Michael F. Cockson filed by Defendant Hanco Corporation In Support re: #80 Motion for Summary Judgment (Attachments: #1 Exhibit 2: 1987 Letter agreement between Larry Cerny & Technical Rubber Company, #2 Exhibit 3: Amended Territory designation offered by Technical Rubber Company, Inc., #3 Exhibit 4: Email chain between Plt, employees and Technical Rubber Company, Inc., #4 Exhibit 5: Exclusivity Agreement, #5 Exhibit 6: Email chain between Plt, employees produced by Technical Rubber as TCR_00057-00064, #6 Exhibit 7: May 2000 Settlement Agreement, #7 Exhibit 8: Email chain between Plaintiff's counsel and M. Cockson & Josh Turner dated July 21 - 22, 2022) (Cockson, Michael)
August 5, 2022 Opinion or Order Filing 83 Declaration of Dennis Larson filed by Defendant Hanco Corporation In Support re: #80 Motion for Summary Judgment. (Cockson, Michael)
August 5, 2022 Opinion or Order Filing 82 Disregard. Modified on 8/5/2022. (lak)
August 5, 2022 Opinion or Order Filing 81 Brief in Support of #80 Motion for Summary Judgment by Defendant Hanco Corporation (Cockson, Michael)
August 5, 2022 Opinion or Order Filing 80 MOTION FOR SUMMARY JUDGMENT by Defendant Hanco Corporation. Brief in Opposition due 8/26/2022. Brief in Reply due 9/6/2022. (Cockson, Michael)
August 4, 2022 Opinion or Order Set/Reset Briefing Deadlines as to #79 Joint Motion for Protective Order. Response due 8/15/2022. (rks)
August 3, 2022 Opinion or Order Filing 79 Joint Motion for Protective Order by Defendant Rubber Inc.. (Attachments: #1 Exhibit Exhibit A - Proposed Protective Order) (Tiradentes, Vanessa)
June 28, 2022 Opinion or Order Filing 78 Notice by Defendant Tech Incorporated 's Answer to Rubber Inc.'s Crossclaim. (Marcott, Ruth)
June 27, 2022 Opinion or Order Filing 77 Notice of Appearance filed by Daniel Robert Lewis for Defendant Rubber Inc., Cross Claimant Rubber Inc.. (Lewis, Daniel)
June 21, 2022 Opinion or Order Filing 76 ** TEXT ONLY ORDER **Defendants move to extend the summary judgment deadline from July 15 to November 18 because they say they didn't start discovery until after the court approved plaintiff's second amended complaint on May 31. Dkt. #72 . But discovery wasn't stayed after February 25, Dkt. #53 , at 2, so defendants could have started discovery at that point. Further, defendants don't identify any discovery they need that requires a four-month extension of time. So the motion to modify the schedule, Dkt. #72 , is GRANTED in part. The dispositive motion deadline is extended from July 15 to August 5 to give the parties a little extra breathing room. The rest of the schedule will stay the same. Signed by District Judge James D. Peterson on 6/21/2022. (rks)
June 21, 2022 Opinion or Order Filing 75 Brief in Opposition by Plaintiff Wisconsin Tech Sales Inc. re: #72 MOTION to Amend Briefing Schedule filed by Rubber Inc., Tech Incorporated, Hanco Corporation (Devine, Thomas)
June 10, 2022 Opinion or Order Filing 74 Declaration of Ruth S. Marcott filed by Defendants Hanco Corporation, Rubber Inc., Tech Incorporated re: #72 MOTION to Amend Briefing Schedule (Attachments: #1 Exhibit A - E-mail Chain) (Marcott, Ruth) Modified on 6/13/2022. (lak)
June 10, 2022 Opinion or Order Filing 73 Brief in Support of #72 MOTION to Amend Briefing Schedule by Defendants Hanco Corporation, Rubber Inc., Tech Incorporated (Attachments: #1 Text of Proposed Order) (Marcott, Ruth)
June 10, 2022 Opinion or Order Filing 72 Motion to Amend Briefing Schedule by Defendants Hanco Corporation, Rubber Inc., Tech Incorporated. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 6/17/2022. (Marcott, Ruth)
June 10, 2022 Opinion or Order Filing 71 ANSWER to Amended Complaint and Cross-Claim against Tech Incorporated, by Defendant Rubber Inc. (Tiradentes, Vanessa) Modified on 6/13/2022. (lak)
June 10, 2022 Opinion or Order Filing 70 ANSWER to Amended Complaint by Defendant Tech Incorporated. (Marcott, Ruth)
June 10, 2022 Opinion or Order Filing 69 ANSWER to Amended Complaint by Defendant Hanco Corporation. (Cockson, Michael)
June 1, 2022 Opinion or Order Filing 68 Unsigned Rule 26 Initial Disclosure Report by Plaintiff Wisconsin Tech Sales Inc. (Devine, Thomas) Modified on 6/2/2022. (lak)
May 31, 2022 Opinion or Order Filing 67 ** TEXT ONLY ORDER ** The court dismissed plaintiff's claim for conspiracy to tortiously interfere with a contract, concluding that plaintiff had failed to plausibly allege interference or intent, two elements of the claim. Dkt. #64 . But the court gave plaintiff leave to replead, which plaintiff has now done. See Dkt. #66 . The court is persuaded that the amended complaint adequately alleges intentional interference for the purpose of federal pleading standards. If defendants wish to challenge the claim, they should do so in a motion for summary judgment. Signed by District Judge James D. Peterson on 5/31/2022. (rks)
May 27, 2022 Opinion or Order Filing 66 AMENDED COMPLAINT against All Defendants, filed by Wisconsin Tech Sales Inc. (Attachments: #1 Exhibit A - Letter dated March 20, 1987, #2 Exhibit B - Agreement, #3 Exhibit C - Territory, #4 Exhibit D - Letter dated May 16, 2018, #5 Exhibit E - Memo dated June 16, 2020) (lak)
May 27, 2022 Opinion or Order Filing 65 Disregard. Modified on 5/27/2022. (lak)
May 18, 2022 Opinion or Order Filing 64 ORDER granting #39 , #41 , #43 Motion to Dismiss. Plaintiff Wisconsin Tech Sales, Inc. may have until May 27, 2022, to file an amended complaint that cures the pleading defects identified in this order. If Wisconsin Tech fails to respond by then, the court will dismiss the complaint with prejudice and enter judgment for defendants. Signed by District Judge James D. Peterson on 5/18/2022. (rks)
December 3, 2021 Opinion or Order Filing 63 Brief in Reply by Defendant Tech Incorporated in Support of #39 Motion to Dismiss Amended Complaint (Marcott, Ruth)
December 3, 2021 Opinion or Order Filing 62 Brief in Reply by Defendant Rubber-Inc. in Support of #43 Motion to Dismiss Amended Complaint (Tiradentes, Vanessa)
December 3, 2021 Opinion or Order Filing 61 Brief in Reply by Defendant Hanco Corporation in Support of #41 Motion to Dismiss Plaintiff's Amended Complaint (Cockson, Michael)
November 18, 2021 Opinion or Order Filing 60 Exhibit to #54 Brief in Opposition, filed by Wisconsin Tech Sales Inc. Unpublished Case - Medline Industries Inc v Diversey Inc. (Devine, Thomas) Modified on 11/18/2021: Linked to the pending motions. (lak)
November 18, 2021 Opinion or Order Filing 59 Exhibit to #54 Brief in Opposition, filed by Wisconsin Tech Sales Inc. Unpublished Case - Henderson v Stensberg (Devine, Thomas) Modified on 11/18/2021: Linked to the pending motions. (lak)
November 18, 2021 Opinion or Order Filing 58 Exhibit to #54 Brief in Opposition, filed by Wisconsin Tech Sales Inc. Unpublished Case - Oxbo International Corporation v HAndS Manufacturing Company Inc. (Devine, Thomas) Modified on 11/18/2021: Linked to the pending motions. (lak)
November 18, 2021 Opinion or Order Filing 57 Exhibit to #54 Brief in Opposition, filed by Wisconsin Tech Sales Inc. Unpublished Case - Willert v Andre (Devine, Thomas) Modified on 11/18/2021: Linked to the pending motions. (lak)
November 18, 2021 Opinion or Order Filing 56 Exhibit to #54 Brief in Opposition, filed by Wisconsin Tech Sales Inc. Unpublished Case - Metso Minerals Industries Inc v FLSmidth-Excel LLC (Devine, Thomas) Modified on 11/18/2021: Linked to the pending motion. (lak)
November 18, 2021 Opinion or Order Filing 55 Affidavit of Thomas M. Devine filed by Plaintiff Wisconsin Tech Sales Inc. re: #39 Motion to Dismiss, #43 Motion to Dismiss, #41 Motion to Dismiss (Attachments: #1 Exhibit A - Agreement) (Devine, Thomas) Modified on 11/18/2021: Added exhibit description. (lak)
November 18, 2021 Opinion or Order Filing 54 Brief in Opposition by Plaintiff Wisconsin Tech Sales Inc. re: #41 Motion to Dismiss filed by Hanco Corporation, #39 Motion to Dismiss filed by Tech Incorporated, #43 Motion to Dismiss filed by Rubber-Inc. (Devine, Thomas)
November 16, 2021 Opinion or Order Filing 53 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Dispositive Motions due 7/15/2022. Settlement Letters due 11/4/2022. Motions in Limine due 11/10/2022. Response to Motion due 11/23/2022. Final Pretrial Conference set for 12/7/2022 at 04:00 PM. Jury Selection and Trial set for 12/12/2022 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 11/16/2021. (rks)
November 12, 2021 Opinion or Order Filing 52 ** TEXT ONLY ORDER ** The reply deadline on all pending dismissal motions is extended to December 3, 2021 to account for Thanksgiving. Signed by Magistrate Judge Stephen L. Crocker on 11/12/2021. (rks)
November 12, 2021 Opinion or Order Filing 51 Notice re: #50 Joint Preliminary Pretrial Conference Report (Report is Submitted by all Parties) by Plaintiff Wisconsin Tech Sales Inc. (Devine, Thomas) Modified on 11/12/2021. (lak)
November 12, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 11/12/2021 [:15] (cak)
November 11, 2021 Opinion or Order Filing 50 Joint Preliminary Pretrial Conference Report by Plaintiff Wisconsin Tech Sales Inc. (Devine, Thomas)
November 9, 2021 Opinion or Order Filing 49 ** TEXT ONLY ORDER **Plaintiff's unopposed motion to adjourn the November 12, 2021 telephonic preliminary pretrial conference is denied. The court will set the schedule at the hearing so that this case does not lose its place in line for trial. The court accounts for pending dismissal motions when setting the schedule. See #Standing Order Governing Preliminary Pretrial Conference. If the parties want input, then they should file their overdue 26(f) report. Signed by Magistrate Judge Stephen L. Crocker on 11/9/2021. (rks)
November 9, 2021 Opinion or Order Filing 48 Motion to adjourn pretrial conference by Plaintiff Wisconsin Tech Sales Inc. Response due 11/16/2021. (Devine, Thomas)
November 3, 2021 Opinion or Order Filing 47 ** TEXT ONLY ORDER ** Wisconsin Tech Sales and Technical Rubber Company have filed a document they call a "stipulated dismissal" under Federal Rule of Civil Procedure 41, in which they agree to dismiss Technical Rubber without prejudice. Dkt. #46 . But Wisconsin Tech is still proceeding on claims against other parties. When a plaintiff wishes to dismiss less than the entire action, the proper course is to file an amended pleading under Rule 15(a) rather than a stipulation of dismissal under Rule 41. See Taylor v. Brown, 787 F. 3d 851, 857-58 (7th Cir. 2015). I construe the parties' stipulation as a motion for leave to amend the complaint, and so construed, the motion is GRANTED. Technical Rubber is DISMISSED without prejudice. Wisconsin Tech need not file a new complaint. Signed by District Judge James D. Peterson on 11/3/2021. (rks)
November 2, 2021 Opinion or Order Filing 46 STIPULATION of Dismissal [Stipulated Dismissal of Technical Rubber Company] (McClellan, Rand)
October 29, 2021 Opinion or Order Filing 45 Brief in Support of #43 Motion to Dismiss Amended Complaint by Defendant Rubber-Inc. (Attachments: #1 Exhibit 1 - Letter Agreement) (Tiradentes, Vanessa)
October 28, 2021 Opinion or Order Filing 44 Disregard.
October 28, 2021 Opinion or Order Filing 43 MOTION TO DISMISS AMENDED COMPLAINT by Defendant Rubber-Inc.. Brief in Opposition due 11/18/2021. Brief in Reply due 11/29/2021. (Tiradentes, Vanessa)
October 28, 2021 Opinion or Order Filing 42 Brief in Support of #41 Motion to Dismiss Plaintiff's Amended Complaint by Defendant Hanco Corporation (Cockson, Michael)
October 28, 2021 Opinion or Order Filing 41 MOTION TO DISMISS Plaintiff's Amended Complaint by Defendant Hanco Corporation. Brief in Opposition due 11/18/2021. Brief in Reply due 11/29/2021. (Cockson, Michael)
October 28, 2021 Opinion or Order Filing 40 Brief in Support of #39 Motion to Dismiss Plaintiff's Amended Complaint by Defendant Tech Incorporated (Marcott, Ruth)
October 28, 2021 Opinion or Order Filing 39 MOTION TO DISMISS Plaintiff's Amended Complaint by Defendant Tech Incorporated. Brief in Opposition due 11/18/2021. Brief in Reply due 11/29/2021. (Marcott, Ruth)
October 27, 2021 Opinion or Order Filing 38 ** TEXT ONLY ORDER **ORDER accepting #37 Motion for Extension of Time to Answer, extension granted. Technical Rubber Company answer due 11/8/2021. Signed by Magistrate Judge Stephen L. Crocker on 10/27/2021. (rks)
October 27, 2021 Opinion or Order Filing 37 Stipulated Motion for Extension of Time to File Answer re #34 Amended Complaint or to Move or Plead by Interested Party Technical Rubber Company. Motions referred to Magistrate Judge Stephen L. Crocker. (McClellan, Rand)
October 15, 2021 Opinion or Order Filing 36 ** TEXT ONLY ORDER **ORDER granting #33 Motion to Admit Juliet Ann Cox Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 10/15/2021. (lak)
October 15, 2021 Opinion or Order Filing 35 ** TEXT ONLY ORDER ** After defendants filed motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), plaintiff filed an amended complaint, as it was entitled to do under Rule 15(a)(1)(B). So defendants' motions to dismiss, Dkt. #25 , Dkt. #29 , and Dkt. #31 , are DENIED as moot. If defendants believe that the amended complaint is deficient, they will have to file renewed motions to dismiss. Signed by District Judge James D. Peterson on 10/15/2021. (rks)
October 14, 2021 Opinion or Order Filing 34 AMENDED COMPLAINT against Hanco Corporation, Rubber-Inc., Tech Incorporated, Technical Rubber Company, filed by Wisconsin Tech Sales Inc.. (Devine, Thomas)
October 14, 2021 Opinion or Order Filing 33 Motion to Admit Juliet Ann Cox Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2949929.) by Defendant Tech Incorporated. Motions referred to Magistrate Judge Stephen L. Crocker. (Cox, Juliet)
October 14, 2021 Opinion or Order Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 11/12/2021 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] (rks)
October 13, 2021 Opinion or Order Filing 32 Brief in Support of #31 Motion to Dismiss Plaintiff's Complaint by Defendant Tech Incorporated (Marcott, Ruth)
October 13, 2021 Opinion or Order Filing 31 MOTION TO DISMISS Plaintiff's Complaint by Defendant Tech Incorporated. Brief in Opposition due 11/3/2021. Brief in Reply due 11/15/2021. (Marcott, Ruth)
October 4, 2021 Opinion or Order Filing 30 Brief in Support of #29 Motion to Dismiss Complaint by Defendant Rubber-Inc. (Tiradentes, Vanessa)
October 4, 2021 Opinion or Order Filing 29 MOTION TO DISMISS COMPLAINT by Defendant Rubber-Inc.. Brief in Opposition due 10/25/2021. Brief in Reply due 11/4/2021. (Tiradentes, Vanessa)
September 29, 2021 Opinion or Order Filing 28 ** TEXT ONLY ORDER **ORDER accepting #22 Stipulation for Extension of Time to File Answer or Move or Plead, extension granted. Tech Incorporated answer due 10/13/2021. Signed by Magistrate Judge Stephen L. Crocker on 9/29/2021. (rks)
September 27, 2021 Opinion or Order Filing 27 ANSWER by Interested Party Technical Rubber Company. (McClellan, Rand)
September 24, 2021 Opinion or Order Filing 26 Brief in Support of #25 Motion to Dismiss Plaintiff's Complaint by Defendant Hanco Corporation (Cockson, Michael)
September 24, 2021 Opinion or Order Filing 25 MOTION TO DISMISS Plaintiff's Complaint by Defendant Hanco Corporation. Brief in Opposition due 10/15/2021. Brief in Reply due 10/25/2021. (Cockson, Michael)
September 24, 2021 Opinion or Order Filing 24 Notice of Appearance filed by Amanda R. Cefalu for Defendant Tech Incorporated. (Cefalu, Amanda)
September 24, 2021 Opinion or Order Filing 23 Corporate Disclosure Statement by Defendant Tech Incorporated. (Marcott, Ruth)
September 24, 2021 Opinion or Order Filing 22 Motion for Extension of Time to File Answer or Move or Plead by Defendant Tech Incorporated. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 10/1/2021. (Attachments: #1 Proposed Order) (Marcott, Ruth)
September 24, 2021 Opinion or Order Filing 21 Notice of Appearance filed by Ruth Marcott for Defendant Tech Incorporated. (Marcott, Ruth)
September 22, 2021 Opinion or Order Filing 20 Affidavit of Service by Plaintiff. Tech Incorporated served on 9/8/2021, answer due 9/29/2021. (Devine, Thomas)
September 21, 2021 Opinion or Order Filing 19 ** TEXT ONLY ORDER **ORDER accepting #18 Motion for Extension of Time to Answer, extension granted. Rubber-Inc. answer due 10/4/2021. Signed by Magistrate Judge Stephen L. Crocker on 9/21/2021. (rks)
September 21, 2021 Opinion or Order Filing 18 Stipulated Motion for Extension of Time by Defendant Rubber-Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Tiradentes, Vanessa)
September 21, 2021 Opinion or Order Filing 17 Corporate Disclosure Statement by Defendant Rubber-Inc.. (Tiradentes, Vanessa)
September 21, 2021 Opinion or Order Filing 16 Notice of Appearance filed by Vanessa Tiradentes for Defendant Rubber-Inc.. (Tiradentes, Vanessa)
September 21, 2021 Opinion or Order Filing 15 Notice of Appearance filed by David Michael for Defendant Rubber-Inc.. (Michael, David)
September 10, 2021 Opinion or Order Filing 14 ** TEXT ONLY ORDER **ORDER granting #6 Stipulated Motion for Extension of Time. Technical Rubber Company answer due 9/27/2021. Signed by Magistrate Judge Peter A. Oppeneer on 9/10/2021. (rks/arw)
September 10, 2021 Opinion or Order Filing 13 Certificate of Service by Defendant Hanco Corporation as to #8 Notice of Appearance, #10 Joint Stipulation to Extend Defendant Hanco Corporation's Time to Answer or Otherwise Respond , 12 Order on Motion for Extension of Time to Answer, #11 Notice of Appearance, #9 Corporate Disclosure Statement. (Turner, Joshua)
September 10, 2021 Opinion or Order Filing 12 ** TEXT ONLY ORDER **ORDER accepting #10 Joint Stipulation to Extend Defendant Hanco Corporation's Time to Answer or Otherwise Respond, extension granted. Hanco Corporation answer due 9/24/2021. Signed by Magistrate Judge Stephen L. Crocker on 9/9/2021. (rks)
September 10, 2021 Opinion or Order Filing 11 Notice of Appearance filed by Michael F. Cockson for Defendant Hanco Corporation. (Cockson, Michael)
September 9, 2021 Opinion or Order Filing 10 Joint Stipulation to Extend Defendant Hanco Corporation's Time to Answer or Otherwise Respond by Defendant Hanco Corporation. (Attachments: #1 Text of Proposed Order) (Turner, Joshua)
September 9, 2021 Opinion or Order Filing 9 Corporate Disclosure Statement by Defendant Hanco Corporation. (Turner, Joshua)
September 9, 2021 Opinion or Order Filing 8 Notice of Appearance filed by Joshua Nathaniel Turner for Defendant Hanco Corporation. (Turner, Joshua)
September 9, 2021 Opinion or Order Filing 7 Corporate Disclosure Statement by Interested Party Technical Rubber Company. (McClellan, Rand)
September 9, 2021 Opinion or Order Filing 6 Stipulated Motion for Extension of Time by Interested Party Technical Rubber Company. Motions referred to Magistrate Judge Stephen L. Crocker. (McClellan, Rand)
September 2, 2021 Opinion or Order Filing 5 Affidavit of Service by Plaintiff. Rubber-Inc. served on 8/19/2021, answer due 9/9/2021. (Devine, Thomas)
September 2, 2021 Opinion or Order Filing 4 Affidavit of Service by Plaintiff. Technical Rubber Company served on 8/23/2021, answer due 9/13/2021. (Devine, Thomas)
September 2, 2021 Opinion or Order Filing 3 Affidavit of Service by Plaintiff. Hanco Corporation served on 8/20/2021, answer due 9/10/2021. (Devine, Thomas)
August 11, 2021 Opinion or Order Filing 2 Summons Issued as to Tech Incorporated et al. (rks)
August 11, 2021 Opinion or Order Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (rks)
August 11, 2021 Opinion or Order Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks)
August 10, 2021 Opinion or Order Filing 1 COMPLAINT (with Two Exhibits Attached) against All Defendants ( Filing fee $ 402 receipt number 0758-2918398.), filed by Wisconsin Tech Sales, Inc., (Attachments: #1 JS-44 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons - All parties, #3 Summons Summons - All parties, #4 Summons Summons - Rubber Inc., #5 Summons Summons - Tech Inc., #6 Summons Summons - Hanco Corporation) (Devine, Thomas) Modified on 8/10/2021. (lak)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System

Search for this case: Wisconsin Tech Sales Inc. et al v. Tech Incorporated et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Wisconsin Tech Sales Inc.
Represented By: Thomas Martin Devine
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Tech Incorporated
Represented By: Ruth Marcott
Represented By: Amanda R. Cefalu
Represented By: Juliet Ann Cox
Represented By: Aaron A. Myers
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hanco Corporation
Represented By: Joshua Nathaniel Turner
Represented By: Michael F. Cockson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rubber-Inc.
Represented By: David Michael
Represented By: Vanessa Tiradentes
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rubber Inc.
Represented By: David Michael
Represented By: Vanessa Tiradentes
Represented By: Daniel Robert Lewis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Technical Rubber Company doing business as TECH Tire Repair
Represented By: Rand Lawrence McClellan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?