Glaser, Gerald v. Superior Silica Sands, LLC
Plaintiff: Gerald Glaser
Defendant: Superior Silica Sands, LLC
3Rd Party Defendant: Iron Mountain Trap Rock Company and Fred Weber, Inc.
Case Number: 3:2022cv00099
Filed: February 24, 2022
Court: US District Court for the Western District of Wisconsin
Presiding Judge: Stephen L Crocker
Referring Judge: James D Peterson
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2022 Opinion or Order Filing 29 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Dispositive Motions due 4/14/2023. Settlement Letters due 8/4/2023. Motions in Limine due 8/11/2023. Responses due 8/25/2023. Final Pretrial Conference set for 9/6/2023 at 3:00 PM. Jury Selection and Trial set for 9/18/2023 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 5/18/2022. (kwf)
May 17, 2022 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 5/17/2022 [:15] (skv)
May 13, 2022 Filing 28 Third Party Brief in Reply by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company in Support of #18 Motion to Dismiss , or in the Alternative, Stay Third-Party Complaint (Lovern, Susan)
May 12, 2022 Filing 27 Joint Report of Rule 26(f) Planning Meeting (Wallo, William)
May 3, 2022 Filing 26 Brief in Opposition by Third Party Plaintiff Superior Silica Sands, LLC, Defendant Superior Silica Sands, LLC re: #18 Motion to Dismiss filed by Iron Mountain Trap Rock Company, Fred Weber, Inc. (Attachments: #1 Exhibit A - Third-Party Defendants' Bankruptcy Answer, #2 Exhibit B - Third-Party Defendants' Bankruptcy Motion to Dismiss, #3 Exhibit C - Superior's Opposition to Third-Party Defendants' Bankruptcy Motion to Dismiss, #4 Exhibit D - Services Agreement Between Superior and Third-Party Defendant) (Zohn, Jeffrey)
April 28, 2022 Filing 25 Brief in Reply by Third Party Plaintiff Superior Silica Sands, LLC, Defendant Superior Silica Sands, LLC in Support of #8 Motion to Transfer (Zohn, Jeffrey)
April 20, 2022 Opinion or Order Filing 24 ** TEXT ONLY ORDER **ORDER granting #22 Motion to Admit Robert J. Golterman Pro Hac Vice; granting #23 Motion to Admit Oliver H. Thomas Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 4/20/2022. (lak)
April 19, 2022 Filing 23 Motion to Admit Oliver H Thomas Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-3039610.) by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. Motions referred to Magistrate Judge Stephen L. Crocker. (Thomas, Oliver)
April 19, 2022 Filing 22 Motion to Admit Robert J Golterman Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-3039606.) by Defendant Superior Silica Sands, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Golterman, Robert)
April 18, 2022 Filing 21 Declaration of Gerald Glaser filed by Plaintiff Gerald Glaser re: #8 Motion to Transfer (Attachments: #1 Exhibit A - Mining Lease, #2 Exhibit B - Land Lease) (Wallo, William)
April 18, 2022 Filing 20 Brief in Opposition by Plaintiff Gerald Glaser re: #8 Motion to Transfer filed by Superior Silica Sands, LLC (Wallo, William)
April 13, 2022 Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 5/17/2022 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] (kwf)
April 12, 2022 Filing 19 Brief in Support of #18 Motion to Dismiss, or in the Alternative, Stay Third-Party Complaint by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company (Attachments: #1 Exhibit - First Amended Complaint with Exhibits) (Lovern, Susan) Modified on 4/13/2022. (lak)
April 12, 2022 Filing 18 MOTION TO DISMISS , or in the Alternative, Stay Third-Party Complaint by Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. Brief in Opposition due 5/3/2022. Brief in Reply due 5/13/2022. (Lovern, Susan)
April 4, 2022 Filing 17 Notice of Withdrawal of Counsel by William E. Wallo re: Plaintiff Gerald Glaser re withdrawal of David Czech (Wallo, William)
April 4, 2022 Opinion or Order Filing 16 ** TEXT ONLY ORDER **ORDER accepting and granting #15 Stipulation to Extend Deadline to Respond to Motion to Transfer. Signed by Magistrate Judge Stephen L. Crocker on 4/4/2022. (kwf)
April 4, 2022 Filing 15 Stipulation to Extend Deadline to Respond to Motion to Transfer by Plaintiff Gerald Glaser. (Wallo, William)
April 4, 2022 Filing 14 Notice of Appearance filed by William E. Wallo for Plaintiff Gerald Glaser. (Wallo, William)
April 4, 2022 Set/Reset Briefing Deadlines as to (8 in 3:22-cv-00099-jdp, 8 in 3:22-cv-00100-jdp) MOTION TO TRANSFER to Delaware Bankruptcy Court. Brief in Opposition due 4/18/2022. Brief in Reply due 4/28/2022. (kwf)
March 24, 2022 Filing 13 Notice of Appearance filed by Derek John Waterstreet for Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. (Waterstreet, Derek)
March 24, 2022 Filing 12 Corporate Disclosure Statement by Third Party Defendant Fred Weber, Inc.. (Lovern, Susan)
March 24, 2022 Filing 11 Corporate Disclosure Statement by Third Party Defendant Iron Mountain Trap Rock Company. (Lovern, Susan)
March 24, 2022 Filing 10 Notice of Appearance filed by Susan E Lovern for Third Party Defendants Fred Weber, Inc., Iron Mountain Trap Rock Company. (Lovern, Susan)
March 14, 2022 Filing 9 Declaration of Scott Waughtal filed by Defendant Superior Silica Sands, LLC re: #8 Motion to Transfer (Attachments: #1 Exhibit A - Findings of Fact Filed in Bankruptcy Court, #2 Exhibit B - Contract Schedule, #3 Exhibit C - Notice of Filing Filed in Bankruptcy Court, #4 Exhibit D - First Amended Complaint Filed in Bankruptcy Court, #5 Exhibit E - Memorandum Order Filed in Bankruptcy Court) (Zohn, Jeffrey) Modified on 3/14/2022: Added exhibit descriptions. (lak)
March 14, 2022 Filing 8 MOTION TO TRANSFER to Delaware Bankruptcy Court by Defendant Superior Silica Sands, LLC. Brief in Opposition due 4/4/2022. Brief in Reply due 4/14/2022. (Zohn, Jeffrey)
March 10, 2022 Filing 7 Affidavit of Service by Plaintiff. Fred Weber, Inc. served on 3/8/2022, answer due 3/29/2022. (Zohn, Jeffrey)
March 10, 2022 Filing 6 Affidavit of Service by Plaintiff. Iron Mountain Trap Rock Company served on 3/8/2022, answer due 3/29/2022. (Zohn, Jeffrey)
March 4, 2022 Filing 5 Summonses Issued as to Iron Mountain Trap Rock Company and Fred Weber, Inc. (lak)
March 3, 2022 Filing 4 ANSWER, THIRD PARTY COMPLAINT against Iron Mountain Trap Rock Company, Fred Weber, Inc. (Attachments: #1 Summons (Iron Mountain Trap Rock Company), #2 Summons (Fred Weber, Inc.)) (Zohn, Jeffrey)
February 25, 2022 Standard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf)
February 25, 2022 Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (kwf)
February 24, 2022 Filing 3 Notice of Appearance filed by Jeffrey Ryan Zohn for Defendant Superior Silica Sands, LLC. (Zohn, Jeffrey)
February 24, 2022 Filing 2 Notice of Appearance filed by David M. Friebus for Defendant Superior Silica Sands, LLC. (Friebus, David)
February 24, 2022 Filing 1 NOTICE OF REMOVAL from Circuit Court of Chippewa County, case number 20cv000014. ( Filing fee $ 402 receipt number 0758-3013399), filed by Superior Silica Sands, LLC. (Attachments: #1 Exhibit A - Circuit Court file, #2 JS-44 Civil Cover Sheet) (Friebus, David) Modified on 2/25/2022: Corrected stats. (lak)

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Plaintiff: Gerald Glaser
Represented By: David P. Czech
Represented By: William E. Wallo
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Defendant: Superior Silica Sands, LLC
Represented By: Jeffrey Ryan Zohn
Represented By: David M. Friebus
Represented By: Robert J Golterman
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3rd party defendant: Iron Mountain Trap Rock Company
Represented By: Derek John Waterstreet
Represented By: Susan E Lovern
Represented By: Oliver H Thomas
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3rd party defendant: Fred Weber, Inc.
Represented By: Derek John Waterstreet
Represented By: Susan E Lovern
Represented By: Oliver H Thomas
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