The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark v. La Crosse County
| The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark |
| La Crosse County, Advanced Correctional Healthcare, Inc., Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse and Danielle Tillman |
| 3:2021cv00535 |
| August 23, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
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Filing 50
Stipulation to Waive Appellate Right and Statutory Costs by Defendant La Crosse County. (Bitar, Remzy)
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Filing 49
JUDGMENT entered in favor of Defendant La Crosse County dismissing the case. (rks)
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Filing 48
ORDER granting #31 Motion for Summary Judgment. Signed by District Judge James D. Peterson on 12/12/2022. (rks)
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Filing 47
Brief in Reply by Defendant La Crosse County in Support of #31 Motion for Summary Judgment (Bitar, Remzy)
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Filing 46
Response to Proposed Findings of Fact filed by Defendant La Crosse County re: #31 Motion for Summary Judgment Response to Plaintiff's Proposed Findings of Fact (Dkt. #42). (Bitar, Remzy)
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Filing 45
Reply in Support of Proposed Findings of Fact filed by Defendant La Crosse County re: #31 Motion for Summary Judgment (Bitar, Remzy)
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Filing 44
Declaration of Paul A. Kinne filed by Plaintiff The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark re: #31 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit A - Agreement for the Provision of Inmate Health Srvcs, #2 Exhibit B - Video Holder, #3 Exhibit C - Video Holder, #4 Exhibit D - Video Holder, #5 Exhibit E - Video Holder, #6 Exhibit F - Policy 602) (Kinne, Paul)
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Filing 43
Response to Proposed Findings of Fact filed by Plaintiff The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark re: #31 Motion for Summary Judgment (Kinne, Paul)
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Filing 42
Proposed Findings of Fact filed by Plaintiff The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark re: #31 Motion for Summary Judgment (Kinne, Paul)
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Filing 41
Brief in Opposition by Plaintiff The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark re: #31 Motion for Summary Judgment filed by La Crosse County (Kinne, Paul)
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Party Advanced Correctional Healthcare, Inc. is terminated pursuant to Fed. R. Civ. P. 15(a) without further order of the court. (rks/arw)
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Filing 40
Stipulation to Amend Complaint by Defendant Advanced Correctional Healthcare, Inc.. (Knott, Douglas)
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Filing 39
Redaction to #34 Affidavit by Defendant La Crosse County (Attachments: #1 Exhibit 1 - Medical Records, #2 Exhibit 2 - Gunderson Health Medical Records, #3 Exhibit 3 - Mayo Clinic Autopsy Report) (Bitar, Remzy) Modified on 9/27/2022. (lak)
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Filing 38
Redaction to #35 Affidavit by Defendant La Crosse County (Attachments: #1 Exhibit 1 - Prisoner Control Record, #2 Exhibit 2- LCJ Initial Screening Form, #3 Exhibit 3 - LCJ Special Watch Log, #4 Exhibit 4 - LCJ Safe T Protocol, #5 Exhibit 5 - LCSO IR 20-02928, #6 Exhibits 6-36 - Placeholder, #7 Exhibit 37 - LCPD IR 20-50169, #8 Exhibit 38 - Narrative Progress Notes, #9 Exhibit 39 - JCSO IR 20-00490) (Bitar, Remzy) Modified on 9/27/2022. (lak)
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Filing 37
** TEXT ONLY ORDER **ORDER granting #36 Motion to Seal. Signed by Magistrate Judge Stephen L. Crocker on 9/26/2022. (rks)
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Filing 36
Motion to Seal by Defendant La Crosse County. Motions referred to Magistrate Judge Stephen L. Crocker. (Bitar, Remzy)
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Filing 35
Affidavit of Jim Verse filed by Defendant La Crosse County re: #31 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Prisoner Control Sheet, #2 Ex 2 LC Jail Initial Screening Form, #3 Ex 3 LC Special Watch Log, #4 Ex 4 LC Safe T Protocol, #5 Ex 5 LCS IR 20-02928, #6 Ex 6 Video Holder, #7 Ex 7 Video Holder, #8 Ex 8 Video Holder, #9 Ex 9 Video Holder, #10 Ex 10 Video Holder, #11 Ex 11 Video Holder, #12 Ex 12 Video Holder, #13 Ex 13 Video Holder, #14 Ex 14 Video Holder, #15 Ex 15 Video Holder, #16 Ex 16 Video Holder, #17 Ex 17 Video Holder, #18 Ex 18 Video Holder, #19 Ex 19 Video Holder, #20 Exhibit Ex 20 Video Holder, #21 Exhibit Ex 21 Video Holder, #22 Exhibit Ex 22 Video Holder, #23 Exhibit Ex 23 Video Holder, #24 Exhibit Ex 24 Video Holder, #25 Exhibit Ex 25 Video Holder, #26 Exhibit Ex 26 video holder, #27 Exhibit Ex 27 Video Holder, #28 Exhibit Ex 28 Video Holder, #29 Exhibit Ex 29 Video Holder, #30 Exhibit Ex 30 Video Holder, #31 Exhibit Ex 31 Video Holder, #32 Exhibit Ex 32 Video Holder, #33 Exhibit Ex 33 Video Holder, #34 Exhibit Ex 34 Video Holder, #35 Exhibit Ex 35 Video Holder, #36 Exhibit Ex 36 Video Holder, #37 Exhibit La Crosse IR 20-05169, #38 Exhibit Ex 38 Narrative Progress Notes Under Seal, #39 Exhibit Ex 39 Jackson Co Sheriff IR 20-00490) (Bitar, Remzy)
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Filing 34
Affidavit of Lucas Logic filed by Defendant La Crosse County re: #31 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit Medical Records Under Seal, #2 Exhibit Gunderson Health Discharge Instructions, #3 Exhibit Autopsy Under Seal, #4 Exhibit Mccormick, #5 Exhibit Fennigkoh, #6 Exhibit Salter, #7 Exhibit Miller, #8 Exhibit Siddons, #9 Exhibit Marx, #10 Exhibit Mathison, #11 Exhibit Benusa, #12 Exhibit Bowe, #13 Exhibit Bautch, #14 Exhibit Aylsworth, #15 Exhibit Fogel, #16 Exhibit Schlicht, #17 Exhibit Wolf, #18 Exhibit Letter) (Bitar, Remzy)
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Filing 33
Proposed Findings of Fact filed by Defendant La Crosse County re: #31 Motion for Summary Judgment (Bitar, Remzy)
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Filing 32
Brief in Support of #31 Motion for Summary Judgment by Defendant La Crosse County (Bitar, Remzy)
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Filing 31
MOTION FOR SUMMARY JUDGMENT by Defendant La Crosse County. Brief in Opposition due 10/14/2022. Brief in Reply due 10/24/2022. (Bitar, Remzy)
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Filing 30
Deposition of William Wolf taken on 08.03.2022. (Logic, Lucas)
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Filing 29
Deposition of Ryan Schlicht taken on 08.03.2022. (Logic, Lucas)
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Filing 28
Deposition of Frank Fogel taken on 08.03.2022. (Logic, Lucas)
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Filing 27
Deposition of Doug Alysworth taken on 08.03.2022. (Logic, Lucas)
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Filing 26
Deposition of Jessica Bautch taken on 08.03.2022. (Logic, Lucas)
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Filing 25
Deposition of Alyssa Bowe taken on 07.27.2022. (Logic, Lucas)
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Filing 24
Deposition of Steven Benusa taken on 07.27.2022. (Logic, Lucas)
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Filing 23
Deposition of Joseph Mathison taken on 07.27.2022. (Logic, Lucas)
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Filing 22
Deposition of Kristie Marx taken on 07.27.2022. (Logic, Lucas)
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Filing 21
Deposition of David Siddons taken on 07.27.2022. (Logic, Lucas)
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Filing 20
Deposition of Makayla Miller taken on 05.17.2022. (Logic, Lucas)
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Filing 19
Deposition of Kari Salter taken on 05.17.2022. (Logic, Lucas)
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Filing 18
Deposition of Amber Fennigkoh taken on 05.16.2022. (Logic, Lucas)
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Filing 17
Deposition of Julie McCormick taken on 05.16.2022. (Logic, Lucas)
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Filing 16
** TEXT ONLY ORDER **Plaintiff and defendants Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse, and Danielle Tillman have submitted a document that they call a "stipulation of dismissal." Dkt. #15 . But there are two other defendants in the case--La Crosse County and Advanced Correctional Healthcare, Inc.--so the court can't dismiss the case. When a plaintiff wishes to dismiss less than the entire action, the proper course is to file an amended pleading under Federal Rule of Civil Procedure 15(a) rather than a notice of dismissal under Rule 41. See Taylor v. Brown, 787 F. 3d 851, 857-58 (7th Cir. 2015). I construe the stipulation as a motion for leave to amend the complaint, and so construed, the motion is GRANTED. Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse, and Danielle Tillman are DISMISSED with prejudice. Plaintiff need not file a new complaint. Signed by District Judge James D. Peterson on 6/29/2022. (rks)
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Filing 15
STIPULATION of Dismissal of Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse and Danielle Tillman (Kinne, Paul)
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Filing 14
Notice of Appearance filed by Andrew C. Goldner for Defendants Advanced Correctional Healthcare, Inc., Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse, Danielle Tillman. (Goldner, Andrew)
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Filing 13
Notice of Withdrawal of Counsel by Alan J Mazzulla re: Defendants Advanced Correctional Healthcare, Inc., Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse, Danielle Tillman (Mazzulla, Alan)
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Filing 12
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Amendments to Pleadings due 12/10/2021. Dispositive Motions due 9/23/2022. Settlement Letters due 1/13/2023. Motions in Limine due 1/20/2023. Response to Motion due 2/3/2023. Final Pretrial Conference set for 2/15/2023 at 04:00 PM. Jury Selection and Trial set for 2/27/2023 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 10/27/2021. (rks)
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Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 10/26/2021 [:15] (cak)
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Judge update in case. Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak)
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Filing 11
Joint Preliminary Pretrial Conference Report by Plaintiff The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark (Kinne, Paul)
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Action Requested: If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 10/12/2021. (lak)
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Filing 10
Notice of Appearance filed by Lucas Charles Logic for Defendant La Crosse County. (Logic, Lucas)
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Filing 9
Notice of Appearance filed by Remzy Bitar for Defendant La Crosse County. (Bitar, Remzy)
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Filing 8
ANSWER with Jury Demand by Defendant La Crosse County. (Bitar, Remzy)
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Filing 7
Notice of Appearance filed by Remzy Bitar for Defendant La Crosse County. (Bitar, Remzy)
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Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 10/26/2021 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)
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Filing 6
Notice of Appearance filed by Alan J Mazzulla for Defendants Advanced Correctional Healthcare, Inc., Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse, Danielle Tillman. (Mazzulla, Alan)
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Filing 5
ANSWER with Jury Demand by Defendants Advanced Correctional Healthcare, Inc., Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse, Danielle Tillman. (Knott, Douglas)
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Filing 4
Notice of Appearance filed by Douglas S. Knott for Defendants Advanced Correctional Healthcare, Inc., Amber Fennigkoh, Julie McCormick, Kari Salter, Makayla Stackhouse, Danielle Tillman. (Knott, Douglas)
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Filing 3
Corporate Disclosure Statement by Plaintiff The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark. (Kinne, Paul)
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Filing 2
Summons Issued as to Amber Fennigkoh, et al. (Attachments: #1 Summons Issued - La Crosse County, #2 Summons Issued - McCormick, #3 Summons Issued - Salter, #4 Summons Issued - Stackhouse, #5 Summons Issued - Tillman, #6 Summons Issued - Advanced Correctional Healthcare, Inc.) (rks)
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Case randomly assigned to Magistrate Judge Stephen L. Crocker. (rks)
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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. (rks)
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Filing 1
COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number 0758-2924408.), filed by The Estate of Jeffery Nottestad, by its Special Administrator Arianne Clark. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons - Fennigkoh, #3 Summons - La Crosse County, #4 Summons - McCormick, #5 Summons - Salter, #6 Summons - Stackhouse, #7 Summons - Tillman, #8 Summons - Advanced Correctional Healthcare, Inc.) (Kinne, Paul) Modified on 8/24/2021: Changed county from Dane to Jackson. Case number missing from complaint and summons forms. Notice of appearance filed by Dana J. Wachs? (lak)
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