Schiller, Victoria v. State of Wisconsin et al
| Victoria Schiller |
| State of Wisconsin, Sheila Reiff, Carlos Esqueda, Jamie Hustad, Eileen Kilbane, Benjamin Manthei, Jamie Donnelly, Jo Welsh, Theresa Groves, Rose Vine, Barbara Bushey, Anthony Menting, Lisa Friedrich, Shane Falk, Shelly Anday and Theodore Gurman |
| 3:2023cv00177 |
| March 20, 2023 |
| 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 |
| None |
Docket Report
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| Document Text |
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| Filing 39 Motion to Set Briefing Schedule by Defendant Theodore Gurman. (Kaiser, Amanda),(ps) Modified on 5/18/2023. (lak) |
| Filing 38 Motion for Temporary Restraining Order and Other Relief by Plaintiff Victoria Schiller. (Attachments: #1 Table of Authorities, #2 Table of Exhibits, #3 Exhibit A - Cir. Ct. R. 290, #4 Exhibit B - Cir. Ct. R. 292 and Cir. Ct R.29, #5 Exhibit C - Cir. Ct. R. 321, #6 Exhibit D - Cir. Ct. R. 320, #7 Exhibit E - Cir. Ct. R. 322, #8 Exhibit F - Cir. Ct. R. 109, #9 Exhibit G - Cir. Ct. R. I 13, #10 Exhibit H - Cir. Ct. R. 48, #11 Exhibit I - Cir. Ct. R. 262, #12 Exhibit J - Cir. Ct. R. 44, #13 Exhibit K - Cir. Ct. R. April 7, 2020, Transcript, #14 Exhibit L - CD with August 1, 2016 Video Disclosure, #15 Exhibit M- Madison Police Department Case Report 2016-00270509, at 7-8,, #16 Exhibit N - Wis. Ct. of App. Objection at 35-47. Jan. 12, 2023. Dane County Executive Joe Parisi, Sept. 10, 2022, Public Records Response, Dane Cty. Soc. Servs. Case 8429681 Masterfile, #17 Exhibit O - Cir. Ct. R. 488, #18 Certificate of Service) (jef),(ps) Clerk's office note, the Exhibit L - CD is filed conventionally. (jef) |
| Filing 37 Notice of Appearance filed by Jonathon Meyers Davies for Defendants Barbara Bushey, Theresa Groves, Jamie Hustad, Benjamin Manthei, Sheila Reiff, State of Wisconsin, Rose Vine. (Attachments: #1 Certificate of Service) (Davies, Jonathon),(ps) |
| Filing 36 Certificate of Service re #21 Motion to Amend, #22 Amended Complaint, by Plaintiff Victoria Schiller. (Attachments: #1 Copy of #21 Motion to Amend, #2 Copy of NEF setting briefing on Motion to Amend, #3 Envelope) (nln),(ps) |
Filing 35
** TEXT ONLY ORDER ** Plaintiff's unopposed motion for leave to file an amended complaint, dkt. #21 , is GRANTED. Her amended complaint, dkt. #22 , is the operative pleading. Because of the length of the amended complaint, defendants' various motions for a 60-day response deadline are GRANTED. Signed by Magistrate Judge Stephen L. Crocker on 5/9/2023. (acd),(ps)
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| Filing 34 Correction to Clerk Entry of Exhibits in dkt. #22 by Plaintiff Victoria Schiller. (Attachments: #1 Pg. 8 to Exhibit 35 - Transcript of September 10, 2019 Hearing, #2 Exhibit 39 - Internal Operating Procedures Wis. Ct. Sys., Wisconsin Court of Appeals Internal Operating Procedures. (2009), #3 Exhibit 40 - Wis. Ct. Sys., Wisconsin Supreme Court Internal Operating Procedures, #4 Certificate of Service) (jef),(ps) Note, Exhibit 40 totals 32 pages, not 35. (jef) |
| Filing 33 Brief in Reply by Plaintiff Victoria Schiller in Support of #21 Motion to Amend Complaint. (Attachments: #1 Certificate of Service) (nln),(ps) |
| Filing 32 Response Stating No Opposition by Defendant Anthony Menting re: #21 Motion to Amend Complaint filed by Victoria Schiller (Uwabera, Clementine),(ps) |
| Filing 31 Certificate of Service by Defendant Anthony Menting as to #29 Notice of Appearance, #30 Waiver of Service Executed. (Uwabera, Clementine),(ps) |
| Filing 30 Waiver of Service Returned Executed by Defendant Anthony Menting. Anthony Menting waiver sent on 3/22/2023, answer due 5/22/2023. (Uwabera, Clementine),(ps) |
| Filing 29 Notice of Appearance filed by Clementine Uwabera for Defendant Anthony Menting. (Uwabera, Clementine),(ps) |
| Filing 28 Certificate of Service by Defendant Lisa Friedrich as to #25 Response Stating No Opposition. (Crooks, Michael),(ps) |
| Filing 27 Certificate of Service by Defendants Jamie Donnelly, Carlos Esqueda, Eileen Kilbane, Jo Welsh as to #26 Response Stating No Opposition. (Sullivan, Sheila),(ps) |
| Filing 26 Response Stating No Opposition by Defendants Jamie Donnelly, Carlos Esqueda, Eileen Kilbane, Jo Welsh re: #21 Motion to Amend Complaint filed by Victoria Schiller (Sullivan, Sheila),(ps) |
| Filing 25 Response Stating No Opposition by Defendant Lisa Friedrich re: #21 Motion to Amend Complaint filed by Victoria Schiller (Crooks, Michael),(ps) |
| Filing 24 Response Stating No Opposition by Defendant Theodore Gurman re: #21 Motion to Amend Complaint filed by Victoria Schiller (Kaiser, Amanda),(ps) |
| Filing 23 Response Stating No Opposition by Defendants Barbara Bushey, Theresa Groves, Jamie Hustad, Benjamin Manthei, Sheila Reiff, State of Wisconsin, Rose Vine re: #21 Motion to Amend Complaint filed by Victoria Schiller (Attachments: #1 Certificate of Service) (Carson, Gesina),(ps) |
|
Filing 22
AMENDED COMPLAINT against Defendants filed by Victoria Schiller. (Attachments: #1 Table of Enclosures, #2 Exhibit 1 - Wis. Ct. of App. Dane Cty. Soc. Servs. Case 8429681 Masterfile, #3 Exhibit 2 - Madison Metropolitan Police Case Summary 2016-270509, #4 Exhibit 3 - Cir. Ct. R. 488. Order Confirming Arbitration Decision, #5 Exhibit 4 - Cir. Ct. R. 423 at 3., #6 Exhibit 5 - Cir. Ct. R. 263., #7 Exhibit 6 - Cir. Ct. R. 277, #8 Exhibit 7 - Cir. Ct. R. 280, #9 Exhibit 8 - Cir. Ct. R. 286, #10 Exhibit 9 - Cir. Ct. R. 287, #11 Exhibit 10 - Cir. Ct. R. 294, #12 Exhibit 11 - Cir. Ct. R. 296, #13 Exhibit 12 - Cir. Ct. R. 310, #14 Exhibit 13 - Cir. Ct. R. 311, #15 Exhibit 14 - Cir. Ct. R. 312, #16 Exhibit 15 - Cir. Ct. R. 313, #17 Exhibit 16 - Cir. Ct. R. 314, #18 Exhibit 17 - Cir. Ct. R. 315, #19 Exhibit 18 - Cir. Ct. R. 336, #20 Exhibit 19 - Cir. Ct. R. 545, #21 Exhibit 20 - Cir. Ct. R. 564, #22 Exhibit 21 - Cir. Ct. R. 584, #23 Exhibit 22 - Cir. Ct. R. 590, #24 Exhibit 23 - Cir. Ct. R. 592, #25 Exhibit 24 - Cir. Ct. R. 595, #26 Exhibit 25 - Cir. Ct. R. 384, #27 Exhibit 26 - Cir. Ct. R. 405 at 68, #28 Exhibit 27 - Wis. Ct. App. 2019AP2419 Appellant Motion for Extension of Time and Request for Publication Dec. 28, 2022, #29 Exhibit 28 - Wis. Ct. App. 2019AP2419, Decision Jan. 30, 2023, #30 Exhibit 29 - Judge Brian Blanchard Wis. Ct. of App. District 4, 'Letter In Response to Portions of Three Emails Submitted as Public Records Request to the District 4 Court of Appeals, #31 Exhibit 30 - Appeals Court Docket Card pages 1-8, #32 Exhibit 31 - Domestic Abuse Guidebook for Guardian Ad Litem at 50-51 (2017), #33 Exhibit 32 - Wis. Ct. of App. Appellant's Objection to Partial Sealing at 35-47. (Dane Cty. Soc. Servs. Case 8429681 Masterfile, #34 Exhibit 33 - Cir. Ct. R. 577 at 3. Affidavit of Menting page 3., #35 Exhibit 34 - Cir. Ct. R. 572. Exhibit D, Email from Friedrich, #36 Exhibit 35 - Cir. Ct. R. 423. September 10, 2019, Transcript of Hearing, #37 Exhibit 36 - Cir. Ct. R. 133. Marital Settlement Agreement Regarding Maintenance and Property and Order Adopting Agreement, #38 Exhibit 37 - EDGAR Sales, #39 Exhibit 38 - Cir. Ct. R. 192, #40 Exhibit 39 - Internal Operating Procedures Wis. Ct. Sys., Wisconsin Court of Appeals Internal Operating Procedures. (2009)., #41 Exhibit 40 - Wis. Ct. Sys., Wisconsin Supreme Court Internal Operating Procedures, (1984)., #42 Exhibit 41 - WI DFI B080480, WI Corp. R. Search |
| Filing 21 Motion to Amend Claim Pursuant to Fed. Civ. P. 15(A)(1) by Plaintiff Victoria Schiller. (Attachments: #1 Certificate of Service) (jef),(ps) |
| Set Deadlines as to #21 Motion to Amend Complaint. Brief in Opposition due 5/15/2023. Brief in Reply due 5/22/2023. (jef),(ps) |
|
Filing 20
** TEXT ONLY ORDER ** The state defendants have filed a motion asking the court to screen plaintiff's complaint even though plaintiff is not a prisoner and is not proceeding in forma pauperis. Dkt. #18 . That motion is DENIED. Defendants are correct that the court may sua sponte screen and dismiss complaints filed by non-prisoner litigants who have paid the entire filing fee, but it did not do so here. Defendants are really asking for dismissal of the case, so they should file a formal motion to dismiss. Plaintiff has filed a motion for leave to amend her complaint, Dkt. #19 , which I will DENY because the proposed amendment does not stand on its own as a complaint. Plaintiff remains free to file an amended complaint subject to the provisions of Federal Rule of Civil Procedure 15. Signed by District Judge James D. Peterson on 4/17/2023. (acd),(ps)
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| Filing 19 Motion for Leave to Amend pursuant to Rule 15 (A)(2) by Plaintiff Victoria Schiller. (Attachments: #1 Exhibit list, #2 Exhibit 1 - pg 1-3, Cir. Ct. R. 423 1-3., #3 Exhibit 2 - pg 1, Cir. Ct. R. 405 68, #4 Exhibit 3 - pg 1-35. Judge Brian Blanchard, Public Records Response from District 4 at 26, #5 Exhibit 4 - pg 1, 2019AP2419 Docket Card at 3, #6 Certificate of Service) (jef),(ps) |
| Filing 18 Motion for Screening of Complaint (Dkt. 1) and Stay all Answer Deadlines by Defendants Barbara Bushey, Theresa Groves, Jamie Hustad, Benjamin Manthei, Sheila Reiff, State of Wisconsin, Rose Vine. (Attachments: #1 Certificate of Service) (Carson, Gesina),(ps) |
| Filing 17 Certificate of Service by Defendant Lisa Friedrich as to #15 Notice of Appearance, #16 Waiver of Service Executed. (Crooks, Michael),(ps) |
| Filing 16 Waiver of Service Returned Executed by Defendant Lisa Friedrich. Lisa Friedrich waiver sent on 3/22/2023, answer due 5/22/2023. (Crooks, Michael),(ps) |
| Filing 15 Notice of Appearance filed by Michael Patrick Crooks for Defendant Lisa Friedrich. (Crooks, Michael),(ps) |
| Filing 14 Summonses Reissued as to Defendants. (jef),(ps) |
| Filing 13 Certificate of Service by Defendant Theodore Gurman as to #11 Notice of Appearance, #12 Waiver of Service Executed. (Kaiser, Amanda),(ps) |
| Filing 12 Waiver of Service Returned Executed by Defendant Theodore Gurman. Theodore Gurman waiver sent on 3/22/2023, answer due 5/22/2023. (Kaiser, Amanda),(ps) |
| Filing 11 Notice of Appearance filed by Amanda Jane Kaiser for Defendant Theodore Gurman. (Kaiser, Amanda),(ps) |
| Filing 10 Summons Issued. Mailed to plaintiff for service. (jef),(ps) |
| Filing 4 Certificate of Service by Defendants Jamie Donnelly, Carlos Esqueda, Eileen Kilbane, Jo Welsh as to #3 Notice of Appearance. (Sullivan, Sheila),(ps) |
| Filing 3 Notice of Appearance filed by Sheila M. Sullivan for Defendants Jamie Donnelly, Carlos Esqueda, Eileen Kilbane, Jo Welsh. (Sullivan, Sheila),(ps) |
| Filing 9 Affidavit of Service by Mail: Summons, Claim and Affidavit of Service by Mail filed by plaintiff Victoria Schiller. (jef),(ps) |
| Filing 8 Summons in a Civil Action filed by plaintiff Victoria Schiller. (jef),(ps) |
| Filing 7 Affidavit of Service by Mail: Copy of Claim, filed by plaintiff Victoria Schiller. (Attachments: #1 Certified Mail Receipts Returned) (jef),(ps) |
| Filing 6 Affidavit of Service by Mail filed by plaintiff Victoria Schiller. (Attachments: #1 Returned Waivers of Service of Summons) (jef),(ps) |
| Filing 5 Affidavit of Service by Mail filed by plaintiff Victoria Schiller. (Attachments: #1 Notices of Lawsuit and Request to Waive Service of a Summons) (jef),(ps) |
| Filing 2 Notice of Appearance filed by Gesina S. Carson for Defendants Barbara Bushey, Theresa Groves, Jamie Hustad, Benjamin Manthei, Sheila Reiff, State of Wisconsin, Rose Vine. (Attachments: #1 Certificate of Service) (Carson, Gesina),(ps) |
| Filing fee received: $ 402, receipt number 732. (jef),(ps) |
| Filing 1 COMPLAINT against All Defendants, filed by Victoria Schiller. (Case randomly assigned to District Judge James D. Peterson.) (Attachments: #1 Complaint form, #2 JS-44 Civil Cover Sheet) (jef),(ps) |
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