The Estate of Gavin Wallmow v. Oneida County
| The Estate of Gavin Wallmow |
| Oneida County, Glenn Kortenhof, Ian Conkey, Reed Symonds, Matthew Turkiewicz, Matt Rudolf, Georgia Laska, Katie Rudolph, Carrie Holewinski, Lisa Miramontes, Sarah Clairemore, Janis M. Southworth and Melissa Wilhelm |
| 3:2022cv00241 |
| April 29, 2022 |
| 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 May 18, 2023. A more recent docket listing may be available from PACER.
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Filing 77
JUDGMENT entered in favor of defendants dismissing this case. (jef)
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Filing 76
ORDER granting #44 Motion for Summary Judgment. The clerk of court is directed to enter judgment for defendants and close the case. Signed by District Judge James D. Peterson on 5/18/2023. (jef) (Main Document 76 replaced on 5/18/2023) (jef).
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Filing 75
Response to Proposed Findings of Fact filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment Response to Plaintiff's Proposed Findings of Fact In Opposition to Defendants' Motion for Summary Judgment (Mills, Sara)
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Filing 74
Reply in Support of Proposed Findings of Fact filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment Reply to Plaintiff's Responses to Defendants' Proposed Findings of Fact In Support of Summary Judgment (Mills, Sara)
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Filing 73
Brief in Reply by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz in Support of #44 Motion for Summary Judgment (Mills, Sara)
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Filing 72
** TEXT ONLY ORDER **ORDER granting #71 Motion for Extension of Time. Brief in Opposition due 3/31/2023. Brief in Reply due 4/10/2023. Signed by Magistrate Judge Stephen L. Crocker on 3/22/2023. (jef)
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Filing 71
Unopposed Motion for Extension of Time Unopposed Motion to Extend Summary Judgment Reply Deadlines by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz. (Mills, Sara)
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Filing 70
Expert Report of Bradford E. Hansen by Plaintiff The Estate of Gavin Wallmow (Attachments: #1 Exhibit A - Materials Reviewed, #2 Exhibit B - Hansen's CV, #3 Exhibit C - Cases Testified in the Last 4 Years, #4 Exhibit D - Fee Schedule) (Kinne, Paul)
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Filing 69
Exhibit to #68 Declaration,,,,,, filed by The Estate of Gavin Wallmow (Exhbit 25 - Oneida County's Response to Plaintiff's Second RFP) (Kinne, Paul)
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Filing 68
Declaration of Paul A. Kinne filed by Plaintiff The Estate of Gavin Wallmow In Support of Brief in Opposition re: #44 Motion for Summary Judgment (Attachments: #1 Exhibit Exh 1 - Gavin Wallmow Statement, #2 Exhibit Exh 2 - Bunce Report, #3 Exhibit Exh 3 - Policy & Procedure COR-14-19 Admin Housing, #4 Exhibit Exh 4 - Policy & Procedure COR-91-7 Inmate Health Screening at Admission, #5 Exhibit Exh 5 - Policy & Procedure COR-91-12 Inmate Health Care, #6 Exhibit Exh 6 - Policy & Procedure COR-91-27 Referral of Inmates for Services, #7 Exhibit Exh 7 - Policy & Procedure COR-91-33 Suicide Prevention & Emergency Detention, #8 Exhibit Exh 8 - Policy & Procedure 11-34 Supervision & Management of Inmates, #9 Exhibit Exh 9 - Standard Operation Procedures, Suicides, #10 Exhibit Exh 10 - Completed Questionnaire, #11 Exhibit Exh 11 - Muster X to Y, 07/06/21, #12 Exhibit Exh 12 - Officer Activity Log, #13 Exhibit Exh 13 - Suppl Narrative 08/18/21, #14 Exhibit Exh 14 - Letter to Sheriff Hartman from Gregory Bucholtz, #15 Exhibit Exh 15 - Policy & Procedure COR-07-4 Classification of Inmates, #16 Exhibit Exh 16 - Turkiewicz Suppl Report, #17 Exhibit Exh 17 - Symonds Suppl Report, #18 Exhibit Exh 18 - Kuchenbecker Suppl Report, #19 Exhibit Exh 19 - Vilas County Sheriff's Report, #20 Exhibit Exh 20 - Suicide Data, #21 Exhibit Exh 21 - Packet of Oneida County Supplemental Reports, #22 Exhibit Exh 22 - Rogers Behavioral Health records, #23 Exhibit Exh 23 - Jail Video (placeholder), #24 Exhibit Exh 24 - Bradford E. Hansen's Expert Report) (Kinne, Paul) Modified on 3/15/2023: E-mail sent to counsel. (lak)
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Filing 67
Declaration of Leah Wagner filed by Plaintiff The Estate of Gavin Wallmow re: #44 Motion for Summary Judgment (Kinne, Paul)
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Filing 66
Proposed Findings of Fact filed by Plaintiff The Estate of Gavin Wallmow re: #44 Motion for Summary Judgment (Kinne, Paul)
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Filing 65
Response to Proposed Findings of Fact filed by Plaintiff The Estate of Gavin Wallmow re: #44 Motion for Summary Judgment (Kinne, Paul)
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Filing 64
Brief in Opposition by Plaintiff The Estate of Gavin Wallmow re: #44 Motion for Summary Judgment filed by Carrie Holewinski, Katie Rudolph, Reed Symonds, Oneida County, Matthew Turkiewicz (Kinne, Paul)
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Filing 63
Declaration of Sara C. Mills filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Attachments: #1 Exhibit A - Booking Card, #2 Exhibit B - gray sheet, #3 Exhibit C - Intake Assessments, #4 Exhibit D - Muster, #5 Exhibit E - Officer Activity Log, #6 Exhibit F - Officer Supplemental Reports, #7 Exhibit G - Welfare Log, #8 Exhibit H - Informed Consent, #9 Exhibit I - Policy re Inmate Health Care, #10 Exhibit J- Policy re Inmate Health Screening at Admission, #11 Exhibit K - Policy re Inmate Observation, #12 Exhibit L - Policy re Suicide Prevention, #13 Exhibit M - Policy re Supervision of Inmates, #14 Exhibit N - Standard Operating Procedures - Suicides, #15 Exhibit O - Standard Operating Procedure - Shift Assignment Duties, #16 Exhibit P - Standard Operating procedure re Correctional Walk Through, #17 Exhibit Q - Wallmow Written Statement, #18 Exhibit R - Bunce Report, #19 Exhibit S - Rock County Sheriff Report, #20 Exhibit T- Rhinelander Police Report) (Mills, Sara)
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Filing 62
Declaration of Mark Neuman filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 61
Declaration of Debora Nelson filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 60
Declaration of Rebecca Hable filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 59
Declaration of Rachel Blomdahl filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 58
Declaration of Emily Hunter filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 57
Declaration of Ian Conkey filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 56
Declaration of Sarah Clairmore filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 55
Declaration of Lisa Miramontes filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 54
Declaration of Georgia Laska filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 53
Declaration of Matthew Rudolph filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 52
Declaration of Matthew Turkiewicz filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 51
Declaration of Katie Rudolph filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 50
Declaration of Reed Symonds filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 49
Declaration of Carrie Holewinski filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 48
Declaration of Glenn Kortenof filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 47
Declaration of Keith Fabianski filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 46
Proposed Findings of Fact filed by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz re: #44 Motion for Summary Judgment (Mills, Sara)
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Filing 45
Brief in Support of #44 Motion for Summary Judgment by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz (Mills, Sara)
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Filing 44
MOTION FOR SUMMARY JUDGMENT by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz. Brief in Opposition due 3/14/2023. Brief in Reply due 3/24/2023. (Mills, Sara)
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Filing 43
Deposition of Carrie Holewinski taken on 12/6/2022. (Mills, Sara)
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Filing 42
Deposition of Matthew Turkiewicz taken on 1/26/2023. (Mills, Sara)
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Filing 41
Deposition of Grady Hartman taken on 1/26/2023. (Mills, Sara)
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Filing 40
Deposition of Melissa Wilhelm, LPN taken on 1/6/2023. (Mills, Sara)
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Filing 39
Deposition of Ian Conkey taken on 12/6/2022. (Mills, Sara)
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Filing 38
Deposition of Katie Rudolph taken on 12/5/2022. (Mills, Sara)
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Filing 37
Deposition of Reed Symonds taken on 12/5/2022. (Mills, Sara)
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Filing 36
Deposition of Glenn Kortenhof taken on 12/5/2022. (Mills, Sara)
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Filing 35
Deposition of Alexis Bunce taken on 12/5/2022. (Mills, Sara)
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Filing 34
** TEXT ONLY ORDER **ORDER granting #33 Stipulation to Extend Summary Judgment Deadlines. Dispositive Motions due 2/21/2023. Signed by Magistrate Judge Stephen L. Crocker on 2/1/2023. (jef)
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Filing 33
Stipulation to Extend Summary Judgment Deadlines by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz. (Mills, Sara)
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Filing 32
ANSWER to Amended Complaint (Second) by Defendants Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz. (Mills, Sara)
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Filing 31
AMENDED COMPLAINT against Carrie Holewinski, Oneida County, Katie Rudolph, Reed Symonds, Matthew Turkiewicz, filed by The Estate of Gavin Wallmow. (Kinne, Paul)
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Filing 30
** TEXT ONLY ORDER ** Plaintiff moves to amend its complaint under Federal Rule of Civil Procedure 15 to dismiss its claims against some of the defendants in this case. Dkt. #29 . Defendants don't oppose the motion, so the motion is GRANTED. The court accepts plaintiff's second amended complaint, Dkt. #29 -1, which plaintiff should refile as a separate docket entry. Plaintiff's claims against defendants Glenn Kortenhof, Ian Conkey, Matt Rudolf, Georgia Laska, Lisa Miramontes, Sarah Clairemore, Janis Southworth, and Melissa Wilhelm are DISMISSED with prejudice and without costs to any party. Signed by District Judge James D. Peterson on 1/13/2023. (voc)
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Filing 29
Unopposed Motion to Amend #15 Amended Complaint by Plaintiff The Estate of Gavin Wallmow. Brief in Opposition due 1/27/2023. Brief in Reply due 2/3/2023. (Attachments: #1 Proposed Amended Complaint) (Kinne, Paul)
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Filing 28
ANSWER to Amended Complaint with Affirmative Defenses by Defendants Janis M. Southworth, Melissa Wilhelm. (Goldner, Andrew)
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Filing 27
Notice of Appearance filed by Andrew C. Goldner for Defendants Janis M. Southworth, Melissa Wilhelm. (Goldner, Andrew)
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Filing 26
Notice of Appearance filed by Douglas S. Knott for Defendants Janis M. Southworth, Melissa Wilhelm. (Knott, Douglas)
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Filing 25
Waiver of Service Returned Executed by Defendant Melissa Wilhelm. Melissa Wilhelm waiver sent on 10/18/2022, answer due 12/19/2022. (Kinne, Paul)
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Filing 24
Waiver of Service Returned Executed by Defendant Janis M. Southworth. Janis M. Southworth waiver sent on 10/18/2022, answer due 12/19/2022. (Kinne, Paul)
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Filing 23
Summons Issued as to Janis M. Southworth and Melissa Wilhelm. (Attachments: #1 Summons - Melissa Wilhelm) (voc)
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Filing 22
Request for Issuance of Summons by Plaintiff The Estate of Gavin Wallmow. (Kinne, Paul)
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Filing 21
Request for Issuance of Summons by Plaintiff The Estate of Gavin Wallmow. (Kinne, Paul)
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Filing 20
ANSWER to Amended Complaint by Defendants Sarah Clairemore, Ian Conkey, Carrie Holewinski, Glenn Kortenhof, Georgia Laska, Lisa Miramontes, Oneida County, Matt Rudolf, Katie Rudolph, Reed Symonds, Matthew Turkiewicz. (Mills, Sara)
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Filing 19
Notice of Appearance filed by Sara Catherine Mills for Defendants Sarah Clairemore, Ian Conkey, Carrie Holewinski, Glenn Kortenhof, Georgia Laska, Lisa Miramontes, Matt Rudolf, Katie Rudolph, Reed Symonds, Matthew Turkiewicz. (Mills, Sara)
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Filing 18
Notice of Appearance filed by Samuel C. Hall, Jr for Defendants Sarah Clairemore, Ian Conkey, Carrie Holewinski, Glenn Kortenhof, Georgia Laska, Lisa Miramontes, Matt Rudolf, Katie Rudolph, Reed Symonds, Matthew Turkiewicz. (Hall, Samuel)
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Filing 17
** TEXT ONLY ORDER ** Plaintiff, the estate of an inmate who died by suicide in Oneida County Jail, asserts a constitutional claim against Oneida County. Dkt. 1. Plaintiff has moved to amend its complaint to add individual county employees as defendants. Dkt. 14. The motion is GRANTED. Defendant's response stating that it has no objection to the motion, Dkt. 16, suggests that counsel for the county is prepared to accept service on behalf of the new defendants. Counsel should confirm whether that is the case as soon as possible so that plaintiff can arrange for service on any other defendants if necessary. The court will deem plaintiff's amended complaint, Dkt. 15, to have been filed as of the date of this order. Because the amended complaint adds new defendants, those defendants represented by current counsel may have until August 12, 2022, to file their answers.. Signed by District Judge James D. Peterson on 07/22/2022. (mfh)
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Filing 16
Response Stating No Opposition by Defendant Oneida County re: #14 Motion for Leave to File. (Mills, Sara) Modified on 7/22/2022. (lak)
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Filing 15
AMENDED COMPLAINT against All Defendants, filed by The Estate of Gavin Wallmow. (Kinne, Paul)
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Filing 14
Motion for Leave to File the First Amended Complaint by Plaintiff The Estate of Gavin Wallmow. (Kinne, Paul)
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Filing 13
Corporate Disclosure Statement by Plaintiff The Estate of Gavin Wallmow. (Kinne, Paul)
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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 7/1/2022. Dispositive Motions due 2/3/2023. Settlement Letters due 6/2/2023. Motions in Limine due 6/9/2023. Response to Motion due 6/23/2023. Final Pretrial Conference set for 7/5/2023 at 03:00 PM. Jury Selection and Trial set for 7/10/2023 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 5/3/2022. (voc)
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Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 5/19/2022 [:05] (mfh)
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Filing 11
Joint Preliminary Pretrial Conference Report by Plaintiff The Estate of Gavin Wallmow. (Kinne, Paul) Modified on 5/17/2022: E-mail sent re: case number. (lak)
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Filing 10
Case transferred in from District of Wisconsin Eastern; Case Number 1:22-cv-00318. Original file certified copy of transfer order and docket sheet received. (lak)
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Filing 9
ORDER signed by Judge William C Griesbach on 4/29/2022 granting #7 Motion to Change Venue. This case is TRANSFERRED to the United States District Court for the Western District of Wisconsin for further disposition. (cc: all counsel)(Griesbach, William) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Filing 8
LETTER from Sara C. Mills . (Mills, Sara) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Case Electronically Transmitted to the Western District of Wisconsin on 4/29/2022. (cav) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 5/19/2022 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] (lak)
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Standard attachments for Judge James D. Peterson: # NORTC, #Corporate Disclosure Statement. (lak)
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Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak)
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Filing 7
MOTION to Change Venue by The Estate of Gavin Wallmow. (Kinne, Paul) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Filing 6
NOTICE of Hearing: Rule 16 Telephone Scheduling Conference set for 5/3/2022 09:30 AM before Judge William C Griesbach. Rule 26(f) Report due 4/26/2022. Counsel are to provide the telephone number at which they can be reached (direct dial preferred) at least two days prior to the telephone conference. In the event counsel are unavailable at the scheduled time of the telephone conference, the conference may be rescheduled and counsel may be required to appear in person. Please provide your telephone number to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov. (cc: all counsel)(Griesbach, William) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Filing 5
ANSWER to #1 Complaint with Jury Demand by Oneida County.(Mills, Sara) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Filing 4
NOTICE of Appearance by Sara C Mills on behalf of Oneida County. Attorney(s) appearing: Sara C. Mills (Mills, Sara) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Filing 3
NOTICE of Appearance by Samuel C Hall, Jr on behalf of Oneida County. Attorney(s) appearing: Samuel C. Hall, Jr. (Hall, Samuel) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Filing 2
SUMMONS Returned Executed by The Estate of Gavin Wallmow. Oneida County served on 3/18/2022. (Kinne, Paul) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Filing 1
COMPLAINT with Jury Demand; against Oneida County by The Estate of Gavin Wallmow. ( Filing Fee PAID $402 receipt number AWIEDC-4062441) (Attachments: #1 Civil Cover Sheet, #2 Summons)(Kinne, Paul) [Transferred from Wisconsin Eastern on 4/29/2022.]
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NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) [Transferred from Wisconsin Eastern on 4/29/2022.]
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Summons Issued as to Oneida County. (tlf) [Transferred from Wisconsin Eastern on 4/29/2022.]
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