Wolff, Ronald et al v. Virgil, Tina et al
| Ronald G. Wolff, Jr. and Karri E. Wolff |
| Administrator Tina Renee Virgil, Special Agent Jay Yerges, Unknown Outagamie County Sheriff's Deputies and Employees and Unknown Agents and Employees of the Wisconsin Division of Criminal Investigation |
| 3:2022cv00177 |
| March 30, 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 |
| Both |
Docket Report
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| Document Text |
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Filing 52
ORDER RE: PRELIMINARY INJUNCTION HEARING. Signed by District Judge William M. Conley on 5/27/2022. (voc/AW)
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| Filing 51 Minute Entry for proceedings held before District Judge William M. Conley: Injunctive Hearing held on 5/27/2022 re: #24 MOTION FOR PRELIMINARY INJUNCTION filed by Ronald G. Wolff, Jr., Karri E. Wolff. [:45] (Court Reporter JD.) (kwf) |
| Set/Reset Briefing Deadlines as to #24 MOTION FOR PRELIMINARY INJUNCTION (Sealed Document). Brief in Support due 5/31/2022. Brief in Opposition due 6/1/2022. Brief in Reply due 6/6/2022. (voc) |
| Filing 50 Exhibit to #43 Declaration filed by Jay Yerges, Tina Renee Virgil Exhibit 501 - DCI Evidence & Property Policy (Malchow, Catherine) |
| Filing 49 Redaction to #43 Declaration by Defendants Tina Renee Virgil, Jay Yerges (Attachments: #1 Exhibit 500 - Return, #2 Exhibit 501 - DCI Evidence & Property Policy) (Malchow, Catherine) |
| Filing 48 Redaction to #42 Response to Proposed Findings of Fact by Defendants Tina Renee Virgil, Jay Yerges (Malchow, Catherine) |
| Filing 47 Redaction to #41 Brief in Opposition by Defendants Tina Renee Virgil, Jay Yerges (Malchow, Catherine) |
| Filing 46 Supplement to #41 Brief in Opposition filed by Jay Yerges, Tina Renee Virgil (Malchow, Catherine) |
| Filing 45 Supplement to #41 Brief in Opposition filed by Jay Yerges, Tina Renee Virgil (Malchow, Catherine) |
| Filing 44 Supplement to #41 Brief in Opposition filed by Jay Yerges, Tina Renee Virgil (Malchow, Catherine) |
| Filing 43 Declaration of Jay K. Yerges filed by Defendants Tina Renee Virgil, Jay Yerges re: #24 Motion for Preliminary Injunction (Sealed Document) (Attachments: #1 Exhibit 500 - Return) (Malchow, Catherine) |
| Filing 42 Response to Proposed Findings of Fact filed by Defendants Tina Renee Virgil, Jay Yerges re: #24 Motion for Preliminary Injunction (Sealed Document) (Malchow, Catherine) |
| Filing 41 Brief in Opposition by Defendants Tina Renee Virgil, Jay Yerges re: #24 Motion for Preliminary Injunction filed by Ronald G. Wolff, Jr., Karri E. Wolff (Sealed Document) (Malchow, Catherine) |
| Filing 40 Notice of Appearance filed by George W. Curtis, Jr for Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr. (Curtis, George) |
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Filing 39
** TEXT ONLY ORDER **Today the court held a telephonic hearing on defendants' motion for extension of time, dkt. #33 , at which the parties appeared by counsel. As discussed during the hearing, the motion is GRANTED. Defendants' response to plaintiffs' motion for preliminary injunction is now due May 19, 2022; plaintiffs are relieved from filing any reply brief; and the court will hold an in-person hearing on the motion on May 27, 2022, at 10:00 AM. Also as indicated during the telephonic hearing, defendants are directed to provide the court with the Affidavit of Jay Yerges in support of the search warrant, including any exhibits, for in camera inspection. Signed by District Judge William M. Conley on 5/5/2022. (arw)
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| Filing 38 Redaction to #36 Declaration of Erik Olsen in opposition to motion for extension of time by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 37 Redaction to #35 Brief in Opposition to motion for extension of time by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 36 Fourth Declaration of Erik Olsen filed by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr in opposition to re: #33 MOTION for Extension of Time (Sealed Document) (Olsen, Erik) |
| Filing 35 Brief in Opposition by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr re: #33 MOTION for Extension of Time filed by Jay Yerges, Tina Renee Virgil (Sealed Document) (Olsen, Erik) |
| Filing 34 ANSWER with Jury Demand by Defendants Tina Renee Virgil, Jay Yerges. (Carson, Gesina) |
| Filing 33 Motion for Extension of Time by Defendants Tina Renee Virgil, Jay Yerges. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 5/11/2022. (Malchow, Catherine) |
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** TEXT ONLY ORDER ** The court is in receipt of defendants Tina Renee Virgil and Jay Yerges' motion for extension of time. (Dkt. #33.) In the motion, defendants seek a 10-day extension of their deadline to respond to plaintiffs' motion for preliminary injunction from May 9, 2022, to May 19, 2022. Because of the compressed time period to render a decision, plaintiffs may have until noon tomorrow, May 5, 2022, to file a response to the motion for extension. If plaintiffs object to the extension, the court will hold a brief telephonic hearing on the motion at 3:30 p.m. on May 5, 2022. Counsel for Defendant will be responsible for setting up the call to chambers at (608) 264-5087, if needed. Signed by District Judge William M. Conley on 05/04/2022. (mfh)
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Filing 32
** TEXT ONLY ORDER **The court is in receipt of plaintiffs' motion for preliminary injunction. (Dkt. #24 .) Defendants' response, including a response to plaintiffs' proposed findings of fact (dkt. #27 ), is due on or before May 9, 2022. Plaintiffs may file a reply on or before May 16, 2022. The court will determine whether a hearing is necessary after review of the parties' submissions. Signed by District Judge William M. Conley on 4/26/2022. (arw)
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| Filing 31 Redaction to #27 Proposed Findings of Fact by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 30 Redaction to #26 Declaration, of Ronald G. Wolff, Jr. by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Attachments: #1 Exhibit Exhibit A - Photographs of cameras on telephone poles, #2 Exhibit Exhibit B - Sign in Sheet from April 7th, 2022 Public Meeting, #3 Exhibit Exhibit C - Photograph of April 7th, 2022 Public Meeting) (Olsen, Erik) |
| Filing 29 Redaction to #25 Brief in Support of Motion for Preliminary Injunction by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 28 Redaction to #24 MOTION FOR PRELIMINARY INJUNCTION (Sealed Document) by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 27 Proposed Findings of Fact filed by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr re: #24 Motion for Preliminary Injunction (Sealed Document) (Olsen, Erik) |
| Filing 26 Second Declaration of Ronald G. Wolff, Jr. filed by Plaintiff Ronald G. Wolff, Jr re: #24 Motion for Preliminary Injunction (Sealed Document) (Attachments: #1 Exhibit Exhibit A - Photographs of cameras on telephone poles, #2 Exhibit Exhibit B - Sign in Sheet from April 7th, 2022 Public Meeting, #3 Exhibit Exhibit C - Photograph of April 7th, 2022 Public Meeting) (Olsen, Erik) |
| Filing 25 Brief in Support of #24 Motion for Preliminary Injunction by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Sealed Document) (Olsen, Erik) |
| Filing 24 MOTION FOR PRELIMINARY INJUNCTION (Sealed Document) by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr. (Olsen, Erik) |
| Filing 23 Notice of Appearance filed by Gesina S. Carson for Defendants Tina Renee Virgil, Jay Yerges. (Carson, Gesina) |
| Filing 22 Notice of Appearance filed by Catherine Rita Malchow for Defendants Tina Renee Virgil, Jay Yerges. (Malchow, Catherine) |
| Filing 21 Summons Issued as to Tina Renee Virgil, Jay Yerges. (Attachments: #1 Summons - Jay K. Yerges) (arw) |
| Filing 20 Request for Issuance of Summons by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr. (Attachments: #1 Summons - Tina R. Virgil Administrator DCI, #2 Summons - Jay K. Yerges Special Agent DCI) (Olsen, Erik) |
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Filing 19
** TEXT ONLY ORDER **Having reviewed plaintiffs Ronald G. Wolff, Jr. and Karri E. Wolff's motion for temporary restraining order (dkt. #6 ), the court finds an insufficient basis to grant the requested relief without substantially more factual and legal support. In particular, without discounting that the scope of the warrant is surprisingly broad, without clear direction to those executing it as to what topics or information would fall within its reach (beyond reference to an apparent "honest services" provision in Wisconsin statutes), plaintiffs' argument that the warrant is necessarily void lacks sufficient legal support and analysis. As importantly, plaintiffs' motion fails to address whether matters of judicial comity to ongoing state criminal proceedings, including abstention doctrines, might counsel against federal court intervention, if not preclude it. As such, the motion is DENIED. However, plaintiffs are free to bring a motion for preliminary injunction, complying with this court's # Procedure to be Followed on Motions for Injunctive Relief. Once filed, plaintiffs should also promptly serve defendants with the motion for preliminary injunction and supporting materials. Once served, the court would also entertain briefing on an expedited basis. Signed by District Judge William M. Conley on 4/1/2022. (arw)
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| Filing 18 Redaction to #17 Declaration of Erik Olsen by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Attachments: #1 Exhibit Substitute sheet for Sealed Search Warrant) (Olsen, Erik) |
| Filing 17 Third Declaration of Erik Olsen filed by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr re: 16 Text Only Order, (Sealed Document) (Attachments: #1 Exhibit Search Warrant) (Olsen, Erik) |
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Filing 16
** TEXT ONLY ORDER ** The court is in receipt of plaintiffs' motion for temporary restraining order. (Dkt. #6 .) Plaintiffs are directed to file immediately the search warrant referenced in their complaint and materials in support of the TRO. Signed by District Judge William M. Conley on 4/1/2022. (lak)
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| Filing 15 Redaction to #10 Declaration of Erik Olsen by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr., (Attachments: #1 Exhibit - Cover Letter and Photo of Envelope Delivered to DCI Administrator Tina Virgil) (Olsen, Erik) |
| Filing 14 Redaction to #9 Declaration of Ronald G. Wolff, Jr. by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 13 Redaction to #8 Declaration by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 12 Redaction to #7 Brief in Support of Motion for Temporary Restraining Order by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 11 Redaction to #6 Motion for Temporary Restraining Order (Sealed Document) by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Olsen, Erik) |
| Filing 10 Second Declaration of Erik Olsen filed by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr re: #6 Motion for TRO (Sealed Document) (Attachments: #1 Cover Letter and Photo Of Envelope Delivered To DCI Administrator Tina Virgil) (Olsen, Erik) |
| Filing 9 Declaration of Ronald G. Wolff, Jr. filed by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr re: #6 Motion for TRO (Sealed Document) (Olsen, Erik) |
| Filing 8 Declaration of Karri E. Wolff filed by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr re: #6 Motion for TRO (Sealed Document) (Olsen, Erik) |
| Filing 7 Brief in Support of #6 Motion for TRO by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr (Sealed Document) (Olsen, Erik) |
| Filing 6 Motion for Temporary Restraining Order (Sealed Document) by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr. (Olsen, Erik) |
| Judge update in case. Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) |
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Filing 5
** TEXT ONLY ORDER **Plaintiff's motion to seal all documents in this lawsuit #3 is granted preliminarily in an abundance of caution, subject to reconsideration after hearing from the defendants and other interested entities. Signed by Magistrate Judge Stephen L. Crocker on 3/30/2022. (arw)
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| Filing 4 Declaration of Erik Olsen filed by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr. re: #3 Motion to Seal. (Sealed Document) (lak) |
| Filing 3 Motion to Seal (Sealed Document) by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr. (lak) |
| Filing 2 Redaction to #1 Complaint, by Plaintiffs Karri E. Wolff, Ronald G. Wolff, Jr. (lak) |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number 0758-3029301.) (Sealed Document), filed by All Plaintiffs. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Disregard, #3 Disregard, #4 Disregard) (Olsen, Erik) Modified on 3/30/2022. (lak) |
| Case randomly assigned to Magistrate Judge Stephen L. Crocker. (lak) |
| 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. (lak) |
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