Hebron Community Methodist Church v. Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. et al
| Hebron Community Methodist Church |
| Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. and Staci M. Hoffman |
| 3:2022cv00037 |
| January 21, 2022 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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Filing 51
Notice of Withdrawal of Motion by Plaintiff Hebron Community Methodist Church re #5 MOTION FOR PRELIMINARY INJUNCTION filed by Hebron Community Methodist Church . (Sterett, Noel)
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Filing 50
Proposed Discovery Plan (Sterett, Noel)
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Filing 49
Notice of Appearance filed by Ted A. Wisnefski for Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. (Wisnefski, Ted)
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Filing 48
Notice of Appearance filed by David Nathaniel Shea for Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. (Shea, David)
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Filing 47
** TEXT ONLY ORDER **ORDER granting #45 Motion to Admit Noel W. Sterett Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 3/8/2022. (lak)
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Filing 46
** TEXT ONLY ORDER **In light of plaintiff's recent filing of its amended complaint (dkt. #43 ) pursuant to Fed. R. Civ. P. 15(a)(1)(B), all defendants may have until March 23, 2022, to answer, move, or otherwise respond to that pleading. If any party wants to stand on their original pleadings, they will need to alert the court in writing within that same period. In addition, plaintiff may have until March 22, 2022, to withdraw its pending motion for preliminary injunction (dkt. #5 ) or file an amended set of proposed findings of fact. If plaintiff chooses the latter, defendant may have until April 5, 2022, to file their response to any amended PFOF. Signed by District Judge William M. Conley on 3/8/2022. (arw)
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Filing 45
Motion to Admit Noel W. Sterett Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-3019084.) by Plaintiff Hebron Community Methodist Church. Motions referred to Magistrate Judge Stephen L. Crocker. (Sterett, Noel)
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Filing 44
Brief in Opposition by Plaintiff Hebron Community Methodist Church re: #31 Motion to Dismiss filed by Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. (Covaleski, Paul)
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Filing 43
AMENDED COMPLAINT for Declaratory and Injunctive Relief against Staci M. Hoffman, Wisconsin Conference Board of Trustees of the United Methodist Church, Inc., filed by Hebron Community Methodist Church. (Attachments: #1 Exhibit 1 - Deed held by Plaintiff, #2 Exhibit 2 - 1963 Certificate of Incorporation, #3 Exhibit 3 - 2022 Amended and Restated Articles of Incorporation, #4 Exhibit 4 - The Book of Discipline of the United Methodist Church, #5 Exhibit 5 - Relevant statutes between 1849 and 1923) (Covaleski, Paul)
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Filing 42
** TEXT ONLY ORDER **The court is in receipt of plaintiff's notice of voluntary dismissal (dkt. #41 ) under Rule 41(a)(1)(A)(i). However, because at least one defendant answered the complaint (dkt. #40 ) before plaintiff filed for dismissal, the court is unable to grant plaintiff's request. Instead, plaintiff will need to move for dismissal under Fed. R. Civ. P. 41(a)(2). Signed by District Judge William M. Conley on 3/1/2022. (arw)
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Filing 41
Notice of Voluntary Dismissal by Plaintiff Hebron Community Methodist Church (Friedman, James)
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Filing 40
ANSWER by Defendant Staci M. Hoffman. (lak)
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Filing 39
Notice of Appearance filed by J. Blair Ward for Defendant Staci M. Hoffman. (lak)
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Set Pretrial Conference: Telephone Pretrial Conference set for 3/23/2022 at 2:00 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. (arw)
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Filing 38
Disregard. Modified on 2/24/2022. (lak)
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Filing 37
Unopposed Second Request for Judicial Notice re #19 Brief in Opposition, by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc.. Response due 3/1/2022. (Attachments: #1 Exhibit 24 - 1963 Certificate of Incorporation for Hebron Community Methodist Church) (Schmitt, Marshall)
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Filing 36
Declaration of Ted A. Wisnefski filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #35 Motion to Supplement (Attachments: #1 Exhibit 24 - 1963 Certificate of Incorporation for Hebron Community Methodist Church) (Schmitt, Marshall)
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Filing 35
Unopposed Motion to Supplement the Record by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Schmitt, Marshall)
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Filing 34
Brief in Reply by Plaintiff Hebron Community Methodist Church in Support of #5 Motion for Preliminary Injunction (and response to text order, Dkt. 29) (Covaleski, Paul)
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Filing 33
Corporate Disclosure Statement by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc.. (Schmitt, Marshall)
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Filing 32
Brief in Support of #31 Motion to Dismiss by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. (Schmitt, Marshall)
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Filing 31
MOTION TO DISMISS by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc.. Brief in Opposition due 3/8/2022. Brief in Reply due 3/18/2022. (Schmitt, Marshall)
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Filing 30
Response Stating No Opposition by Plaintiff Hebron Community Methodist Church re: #21 Motion for Miscellaneous Relief, filed by Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. (Covaleski, Paul)
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Filing 29
** TEXT ONLY ORDER **In light of defendant's suggestion in their opposition brief (dkt. #19 ) that plaintiff is not entitled to the disputed property even if Wis. Stat. 187.15 was found unconstitutional, plaintiff may have until February 18, 2022, to reply to defendant's arguments regarding the likelihood of success in this case and whether plaintiff's alleged injury is redressable. Signed by District Judge William M. Conley on 2/11/2022. (arw)
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Filing 28
Notice by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re #19 Brief in Opposition, #26 Declaration, Notice of Errata. (Schmitt, Marshall)
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Filing 27
Declaration of Sarah Sneider filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit 19 - Dalton & Tomich Webpage, #2 Exhibit 20 - Separation guide book) (Schmitt, Marshall)
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Filing 26
Declaration of Reverend Dan Schwerin filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit 17 - January 24, 2022 email from Klatt to Schwerin, #2 Exhibit 21 - Hebron Community Church Sign, #3 Exhibit 22 - Hebron 2021 Apportionment payment, #4 Exhibit 23 - Hebron Grant Request and Awards) (Schmitt, Marshall)
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Filing 25
Declaration of Kelly A. Teelin filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit 16 - Hebron Community Church, Inc. Articles of Incorporation dated October 27, 2021) (Schmitt, Marshall)
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Filing 24
Declaration of Lisa Wink filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit 5 - June 24, 1963 Letter to Hebron church transmitting Certificate of Incorporation and Instructions for Incorporation, #2 Exhibit 6 - Apportionments Paid Report (1998-2020), #3 Exhibit 7 - 2000 Appointment Documentation - Klatt, #4 Exhibit 8 - Appointment Documentation, #5 Exhibit 9 - March 23, 2016 Letter Requesting Opt-out of Three-Point Charge, #6 Exhibit 11 - Hebron Annual Conference Registrations (2018-2021), #7 Exhibit 12 - 2017 - 2021 Charge Conference documents, #8 Exhibit 13 - Documentation regarding Klatt compensation/payment, #9 Exhibit 15 - Financial Reports - Hebron Liquid Assets, #10 Exhibit 18 - January 21, 2022 email from Wells to Wink) (Schmitt, Marshall)
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Filing 23
Declaration of Bishop Hee-Soo Jung filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit 4 - Book of Discipline 2016 Paragraph Excerpts, #2 Exhibit 10 - April 25, 2018 Letter from Conference Appointing Karen Klatt, #3 Exhibit 14 - Conference Policy 10.0.0) (Schmitt, Marshall)
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Filing 22
Declaration of Travis D. Baptist filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - 1855 Deed, #2 Exhibit 2 - 1857 Warranty / Mortgage Instrument, #3 Exhibit 3 - 1963 Deed) (Schmitt, Marshall)
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Filing 21
Request for Judicial Notice by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. Response due 2/15/2022. (Attachments: #1 Exhibit 1 - 1855 Deed, #2 Exhibit 2 - 1857 Warranty/Mortgage Instrument, #3 Exhibit 3 - 1963 Deed, #4 Exhibit 16 - Hebron Community Church, Inc. Articles of Incorporation dated October 27, 2021) (Schmitt, Marshall)
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Filing 20
Response to Proposed Findings of Fact filed by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction (Schmitt, Marshall)
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Filing 19
Brief in Opposition by Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. re: #5 Motion for Preliminary Injunction filed by Hebron Community Methodist Church (Attachments: #1 Text of Proposed Order Proposed Order) (Schmitt, Marshall)
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Filing 18
Notice of Appearance filed by David Nathaniel Shea for Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc.. (Shea, David)
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Filing 17
Notice of Appearance filed by Marshall John Schmitt for Defendant Wisconsin Conference Board of Trustees of the United Methodist Church, Inc.. (Schmitt, Marshall)
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Filing 16
Declaration of Paul J. Covaleski (regarding Lis Pendens) (Attachments: #1 Exhibit A - Recorded Lis Pendens) (Covaleski, Paul)
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Filing 15
Affidavit of Service by Plaintiff. Staci M. Hoffman served on 1/27/2022, answer due 2/17/2022. (Attachments: #1 Certificate of Service) (Covaleski, Paul)
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Filing 14
** TEXT ONLY ORDER **ORDER granting #11 Motion to Admit Daniel P. Dalton Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 1/27/21022. (lak)
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Filing 13
Certificate of Service by Plaintiff Hebron Community Methodist Church as to #12 Summons Returned Executed, #10 Notice (Other). (Covaleski, Paul)
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Filing 12
Summons Returned Executed. Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. served on 1/25/2022, answer due 2/15/2022. (Covaleski, Paul)
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Filing 11
Motion to Admit Daniel Paul Dalton Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2998667.) by Plaintiff Hebron Community Methodist Church. Motions referred to Magistrate Judge Stephen L. Crocker. (Dalton, Daniel)
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Filing 10
Notice by Plaintiff Hebron Community Methodist Church of Constitutional Challenge of State Statute. (Covaleski, Paul)
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** TEXT ONLY ORDER **The court is in receipt of plaintiff Hebron Community Methodist Church's motion for preliminary injunction. (Dkt. #5 .) Plaintiff should promptly serve the complaint, summons, motion for preliminary injunction, all supporting materials, and this order on defendants. Once served, plaintiff should file the proofs of service. Defendants may have 14 days from receipt of service to file their opposition brief, including responses to plaintiff's proposed findings of facts. The court's procedure on motions for injunctive relief is found here: #https://www.wiwd.uscourts.gov/sites/default/files/Injunctive_Relief.pdf. Upon review of defendants' filings, the court will determine whether an evidentiary hearing or oral argument on the motion is necessary. Signed by District Judge William M. Conley on 1/25/2022. (arw)
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Filing 9
Declaration of Paul J. Covaleski filed by Plaintiff Hebron Community Methodist Church re: #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - Conference Sec of State Registration, #2 Exhibit 2 - Excerpts from Book of Discipline, #3 Exhibit 3 - Deed and Title Report) (Covaleski, Paul)
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Filing 8
Declaration of Pastor Karen Klatt filed by Plaintiff Hebron Community Methodist Church re: #5 Motion for Preliminary Injunction (Covaleski, Paul)
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Filing 7
Proposed Findings of Fact filed by Plaintiff Hebron Community Methodist Church re: #5 Motion for Preliminary Injunction - Statement of Proposed Records Facts (Covaleski, Paul)
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Filing 6
Brief in Support of #5 Motion for Preliminary Injunction by Plaintiff Hebron Community Methodist Church (Covaleski, Paul)
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Filing 5
MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Hebron Community Methodist Church. (Covaleski, Paul)
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Filing 4
Summons Issued as to Staci M. Hoffman, Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. (Attachments: #1 Summons - Wisconsin Conference Board of Trustees of the United Methodist Church) (arw)
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Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (arw)
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Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (arw)
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Filing 3
Notice of Appearance filed by James Alan Friedman for Plaintiff Hebron Community Methodist Church. (Friedman, James)
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Filing 2
Corporate Disclosure Statement by Plaintiff Hebron Community Methodist Church. (Covaleski, Paul)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against Staci M. Hoffman, Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. (Filing fee $402, receipt number 0758-2996490) filed by Hebron Community Methodist Church. (Attachments: #1 Exhibit 1 - Deed held by Plaintiff, #2 Exhibit 2 - The Book of Discipline of the United Methodist Church, #3 Exhibit 3 - Relevant statutes between 1849 and 1923, #4 JS-44 Civil Cover Sheet, #5 Summons - Staci M. Hoffman, #6 Summons - Wisconsin Conference Board of Trustees of the United Methodist Church) (Covaleski, Paul)
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| Plaintiff: Hebron Community Methodist Church | |
| Represented By: | Paul James Covaleski |
| Represented By: | James Alan Friedman |
| Represented By: | Daniel Paul Dalton |
| Represented By: | Noel W. Sterett |
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| Defendant: Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. | |
| Represented By: | David Nathaniel Shea |
| Represented By: | Marshall John Schmitt |
| Represented By: | Ted A. Wisnefski |
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| Defendant: Staci M. Hoffman | |
| Represented By: | J. Blair Ward |
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