Miller, David v. City of Hudson WI et al
| David Miller |
| City of Hudson WI, Geoff Willems and Brad Kusmirek |
| 3:2023cv00467 |
| July 12, 2023 |
| 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 |
| Defendant |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER granting #3 Motion for Preliminary Injunction. Signed by District Judge William M. Conley on 9/8/2023. (jls)
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Filing 26
** TEXT ONLY ORDER ** As discussed on the record at today's hearing, plaintiff David Miller and defendants City of Hudson, Geoff Willems, and Brad Kusmirek agreed to resolve plaintiff's motion for a preliminary injunction as set forth in the separately docketed order. Having concluded that the parties' negotiated resolution is reasonable and protective of plaintiff's First Amendment speech rights, the court preliminarily enjoins defendants as set forth in the order. Signed by District Judge William M. Conley on 9/8/2023. (jls)
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| Filing 25 Minute Entry for proceedings held before District Judge William M. Conley: Injunctive Hearing held on 9/8/2023 re #3 MOTION FOR PRELIMINARY INJUNCTION filed by David Miller. [:16] (Court Reporter JD.) (jat) |
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Filing 24
** TEXT ONLY ORDER **ORDER granting #13 Motion to Strike Defendant's Jury Demand. Signed by District Judge William M. Conley on 9/7/2023. (lam)
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| Filing 23 Response Stating No Opposition by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #13 Motion to Strike filed by David Miller (Flood, Zachary) |
| Filing 22 Notice by Plaintiff David Miller regarding submission of Video Exhibit G for hearing on Plaintiff's Motion for Preliminary Injunction. (Kellum, Nathan) |
| Set Hearings as to #3 MOTION FOR PRELIMINARY INJUNCTION. Injunctive Hearing set for 9/8/2023 at 11:00 AM. #Procedure to be followed on Motions for Injunctive Relief attached. (lam) |
| Filing 21 Declaration of Jerilyn Jacobs filed by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #3 Motion for Preliminary Injunction, (Attachments: #1 Exhibit 1 - Belk v Federal Bureau of Prisons) (Jacobs, Jerilyn) |
| Judge update in case. Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) |
| Filing 20 Brief in Opposition by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #3 Motion for Preliminary Injunction, filed by David Miller (Jacobs, Jerilyn) |
| Filing 19 Response to Proposed Findings of Fact filed by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #3 Motion for Preliminary Injunction, (Jacobs, Jerilyn) |
| Filing 18 Declaration of Mary Claire Potter filed by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #3 Motion for Preliminary Injunction, (Attachments: #1 Exhibit 1 - 2022 Art Festival Layout, #2 Exhibit 2 - 2023 Art Festival Layout, #3 Exhibit 3 - four photos) (Jacobs, Jerilyn) |
| Filing 17 Declaration of Andrew Traeger filed by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #3 Motion for Preliminary Injunction, (Attachments: #1 Exhibit 1 - photo) (Jacobs, Jerilyn) |
| Filing 16 Declaration of Brad Kusmirek filed by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #3 Motion for Preliminary Injunction, (Jacobs, Jerilyn) |
| Filing 15 Declaration of Geoff Willems filed by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems re: #3 Motion for Preliminary Injunction, (Attachments: #1 Exhibit 1 - First Amendment Assemblies Policy) (Jacobs, Jerilyn) |
| Filing 14 Brief in Support of #13 Motion to Strike Defendant's Jury Demand by Plaintiff David Miller (Kellum, Nathan) |
| Filing 13 Motion to Strike Defendant's Jury Demand by Plaintiff David Miller. Brief in Opposition due 9/6/2023. Brief in Reply due 9/13/2023. (Kellum, Nathan) |
| Telephone Pretrial Conference set for 9/15/2023 at 01:30 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] (lam) |
| Action Request: If you have not already provided your #Consent to Magistrate/Request for Reassignment form, please do so by 8/28/2023. (lam) |
| Set Deadlines as to #3 MOTION FOR PRELIMINARY INJUNCTION. Defendants' response due 8/28/2023. (lam) |
| Filing 12 Notice of Appearance filed by Jerilyn Jacobs for Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems. (Jacobs, Jerilyn) |
| Filing 11 ANSWER with Jury Demand by Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems. (Flood, Zachary) |
| Filing 10 Notice of Appearance filed by Zachary James Flood for Defendants City of Hudson WI, Brad Kusmirek, Geoff Willems. (Flood, Zachary) |
| Filing 9 Affidavit of Service by Plaintiff. All Defendants. (Attachments: #1 Affidavit of Service - Kusmirek, #2 Affidavit of Service - Willems) (Kellum, Nathan) |
| Filing 8 Proposed Findings of Fact filed by Plaintiff David Miller re: #3 Motion for Preliminary Injunction, (Kellum, Nathan) |
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Filing 7
** TEXT ONLY ORDER **Plaintiff has filed a motion for preliminary injunctive relief, dkt. #3 , in this newly-filed lawsuit. Although plaintiff's motion substantially complies with this court's # Procedure to Be Followed on Motions for Injunctive Relief, he did not set forth his factual propositions in separately numbered paragraphs. Plaintiff shall have until July 19, 2023, to file a statement of proposed facts that complies with this court's procedure, making sure to cite evidence in support of each factual proposition. The parties are cautioned that pleadings are not evidence. After plaintiff's summons are returned as executed and defendants have entered their appearances, plaintiff should promptly serve defendants with their motion and supporting materials. Once defendants are served, the court will set quick deadlines for defendants to respond and for the parties to consent to or request reassignment from the magistrate judge. After the court reviews the parties' submissions, it will set an evidentiary hearing on the motion, if necessary. Signed by Magistrate Judge Stephen L. Crocker on 7/14/2023. (arw)
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| Filing 6 Exhibit D to #3 Motion for Preliminary Injunction, filed by David Miller. (Kellum, Nathan) Modified on 7/13/2023. (lak) |
| Filing 5 Brief in Support of #3 Motion for Preliminary Injunction, by Plaintiff David Miller (Kellum, Nathan) |
| Filing 4 Declaration of David Miller filed by Plaintiff David Miller re: #3 Motion for Preliminary Injunction, (Kellum, Nathan) |
| Filing 3 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff David Miller. (Attachments: #1 Exhibit B- Google Map of Lakefront Park, #2 Exhibit C- Hudson City Ordinance Chapter 150, #3 Exhibit D- Hudson Area Chamber of Commerce Permit (See dkt. #6 for refiled Exhibit D), #4 Exhibit E- Plaintiff Demand Letter, #5 Exhibit F- Letter of Response from City of Hudson) (Kellum, Nathan) Modified on 7/13/2023. (lak) Modified on 7/13/2023 (nln). |
| Filing 2 Summons Issued as to All Defendants. (lak) |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number AWIWDC-3272897.), filed by David Miller. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons for the City of Hudson, #3 Summons for Geoff Willems, #4 Summons for Brad Kusmirek) (Kellum, Nathan) Modified on 7/12/2023. (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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