Bangstad, Kirk et al v. Hartzheim, Mark et al
| Kirk C. Bangstad and Minocqua Brewing Company LLC |
| Hartzheim, Town Of Minocqua, Wisconsin, Susan Heil, William Fried, Brian Fricke, Mark Hartzheim, The Town of Minocqua and Erika Petersen |
| 3:2024cv00135 |
| March 5, 2024 |
| 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 |
| Defendant |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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Filing 34
Second Joint Preliminary Pretrial Conference Report by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC, Kirk C. Bangstad, The Minocqua Brewing Company LLC Associated Cases: 3:23-cv-00578-jdp, 3:24-cv-00135-jdp (Melms, Frederick)
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Filing 33
Second Joint Preliminary Pretrial Conference Report by Plaintiff Kirk C. Bangstad Associated Cases: 3:23-cv-00578-jdp, 3:24-cv-00135-jdp (Melms, Frederick) Modified on 4/25/2024: Not signed by plaintiff. (lak)
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Reset Telephone Status Conference to accommodate the court's calendar: Telephone Status Conference reset for 5/7/2024 at 02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. Associated Cases: 3:23-cv-00578-jdp, 3:24-cv-00135-jdp (jat)
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Create association to 3:23-cv-00578-jdp.. All further docketing to be done in the lead case. Associated Cases: 3:23-cv-00578-jdp, 3:24-cv-00135-jdp (voc)
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Filing 32
** TEXT ONLY ORDER ** Case nos. 23-578 and 24-135 are CONSOLIDATED for the reasons stated in the court's order in 24-135 at Dkt. #31 . Case no. 23-578 shall be the lead case. The preliminary pretrial conference in 24-135 scheduled for May 1 is converted to a status conference for both cases with the magistrate judge. If the parties need any adjustments in the schedule for 23-578 to accommodate the new claims in 24-135, the parties should submit a proposal on a new schedule by April 24. The parties are encouraged to collaborate and submit a joint proposal, but if the parties cannot reach an agreement, they may set out their competing proposals on points of disagreement. If neither side submits a proposal, the court will cancel the conference, and 24-135 will proceed on the same schedule as 23-578. Signed by District Judge James D. Peterson on 4/16/2024. Associated Cases: 3:23-cv-00578-jdp, 3:24-cv-00135-jdp (voc)
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Set/Reset Hearings: Telephone Status Conference set for 5/1/2024 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. Associated Cases: 3:23-cv-00578-jdp, 3:24-cv-00135-jdp (voc)
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Filing 31
ORDER denying #2 Motion for Temporary Restraining Order. Signed by District Judge James D. Peterson on 4/15/2024. (jls)
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Filing 30
Notice by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua re: #15 Brief in Opposition re: #2 Motion for TRO. (Procopio, Gregory) Modified on 3/28/2024. (lak)
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Filing 29
Notice of Appearance filed by Gregory Procopio for Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua. (Procopio, Gregory)
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Filing 28
** TEXT ONLY ORDER **ORDER granting #26 Motion for Extension of Time to submit reply. Signed by Magistrate Judge Stephen L. Crocker on 3/28/2024. (lam)
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Filing 27
Fourth Declaration of Frederick Melms filed by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC re: #26 MOTION for Extension of Time (Melms, Frederick)
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Filing 26
Motion for Extension of Time to submit reply by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC. Response due 4/4/2024. (Melms, Frederick)
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Filing 25
Summons Returned Executed as to Mark Hartzheim, William Fried, Susan Heil, Susan Heil, Erika Petersen. (Melms, Frederick) Modified on 3/28/2024. (lak)
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Filing 24
Third Declaration of Frederick Melms filed by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC re: #2 Motion for TRO (Attachments: #1 Exhibit Exhibit AC-November 28, 2023 Email, #2 Exhibit Exhibit AD- Minocqua Brewing Company License Agreement Email Chain, #3 Exhibit Exhibit AE-DOT Permit Application Instructions, #4 Exhibit Exhibit AF- Email RE Same Day Service Attempts, #5 Exhibit Exhibit AG-Documents Provided to Process Server, #6 Exhibit Exhibit AH- Email RE Process Server GPS Data) (Melms, Frederick)
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Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 5/1/2024 at 01:00 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] (acd)
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Filing 23
Brief in Reply by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC in Support of #2 Motion for TRO (Melms, Frederick)
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Filing 22
ANSWER with Jury Demand by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua. (Bitar, Remzy)
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Filing 21
** TEXT ONLY ORDER **ORDER granting #17 Motion to File Records Under Seal. Signed by Magistrate Judge Stephen L. Crocker on 3/25/2024. (jls)
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Filing 20
Summons Returned Executed. (Melms, Frederick) Modified on 3/28/2024. (lak)
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Filing 19
Exhibit to #17 Motion to Seal filed by Erika Petersen, Brian Fricke, William Fried, Susan Heil, The Town of Minocqua, Mark Hartzheim Exhibit D to Affidavit of Gregory Procopio (Sealed Document) (Bitar, Remzy)
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Filing 18
Affidavit of Gregory Procopio filed by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua re: #17 Motion to Seal (Bitar, Remzy)
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Filing 17
Motion to Seal Records by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua. (Bitar, Remzy)
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Filing 16
Response to Proposed Findings of Fact filed by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua re: #2 Motion for TRO Defendants' Response to Plaintiffs' Proposed Findings of Fact in Support of Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction (Bitar, Remzy)
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Filing 15
Brief in Opposition by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua re: #2 Motion for TRO filed by Kirk C. Bangstad, Minocqua Brewing Company LLC Defendants' Brief in Response to Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction (Bitar, Remzy)
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Filing 14
Affidavit of Mark Pertile filed by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua re: #2 Motion for TRO (Bitar, Remzy)
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Filing 13
Affidavit of Curtis V. Trinko filed by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua re: #2 Motion for TRO (Bitar, Remzy)
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Filing 12
Affidavit of Gregory Procopio filed by Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua re: #2 Motion for TRO (Attachments: #1 Exhibit A - Copy of Plaintiff's Conditional Use Permit (CUP) Application, #2 Exhibit B - Copy of a Ltr sent to Plaintiff on 11/7/22, #3 Exhibit C - Copy of an E-mail from Mr. Ratty at WisDOT) (Bitar, Remzy)
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Filing 11
Notice of Appearance filed by Remzy Bitar for Defendants Brian Fricke, William Fried, Mark Hartzheim, Susan Heil, Erika Petersen, The Town of Minocqua. (Bitar, Remzy)
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Filing 10
** TEXT ONLY ORDER ** Plaintiffs's motion for an ex parte TRO is DENIED. Plaintiffs don't explain why relief should be granted without giving defendants notice and an opportunity to be heard, nor do they explain what specific injury they would suffer in the next few weeks. The court will treat the motion as one for preliminary injunction and expedite briefing. Plaintiffs are ordered to immediately serve the motion and supporting materials on defendants. Defendants have until March 20, 2024, to respond to the motion, in a form that complies with the court's procedures for motions for injunctive relief. Plaintiffs have until March 27, 2024, to submit any reply. The court will schedule a prompt hearing if one is necessary to resolve the motion. Signed by District Judge James D. Peterson on 3/6/2024. (jls)
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Filing 9
Summons Issued as to Defendants. (lak)
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Case directly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Related case 23cv578. (lak)
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Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak)
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Filing 8
Second Declaration of Frederick Melms filed by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC re: #2 Motion for TRO (Attachments: #1 Exhibit Exhibit A- Email giving notice of Motion for TRO) (Melms, Frederick)
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Filing 7
Request for Issuance of Summons by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 JS-44 Civil Cover Sheet) (Melms, Frederick) Modified on 3/5/2024: Changed county from Dane to Oneida. Jury demand changed to no. Defendant Erika Petersen to be added. First name of Defendant Hartzheim to be added. The Town of Minocqua to be added. (lak)
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Filing 6
Proposed Findings of Fact filed by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC re: #2 Motion for TRO and Preliminary Injunction (Melms, Frederick)
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Filing 5
Brief in Support of #2 Motion for TRO and Preliminary Injunction by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC (Melms, Frederick)
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Filing 4
Declaration of Frederick Melms filed by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC re: #2 Motion for TRO (Attachments: #1 Exhibit Exhibit A-GIS/PLSS MAP, #2 Exhibit Exhibit B-GIS/PLSS MAP, #3 Exhibit Exhibit C-GIS/PLSS MAP, #4 Exhibit Exhibit D-GIS/PLSS MAP, #5 Exhibit Exhibit E-GIS/PLSS MAP, #6 Exhibit Exhibit F-GIS/PLSS MAP, #7 Exhibit Exhibit G-GIS/PLSS MAP, #8 Exhibit Exhibit H-GIS/PLSS MAP, #9 Exhibit Exhibit I-GIS/PLSS MAP, #10 Exhibit Exhibit J-GIS/PLSS MAP, #11 Exhibit Exhibit K-Draft Town Board Minutes 12.21.2021, #12 Exhibit Exhibit L-MBC Taproom site plan, #13 Exhibit Exhibit M-MBC Taproom site plan depicting old driveway., #14 Exhibit Exhibit N-MBC Taproom Driveway Photo, #15 Exhibit Exhibit O- First Revocable License Agreement, #16 Exhibit Exhibit P- Second Revocable License Agreement, #17 Exhibit Exhibit Q- Photo of Driveway, #18 Exhibit Exhibit R- Email from Remzy Bitar to Frederick Melms, #19 Exhibit Exhibit S-Email from Frederick Melms to Remzy Bitar, #20 Exhibit Exhibit T- Email from Remzy Bitar to Frederick Melms, #21 Exhibit Exhibit U- Email from Frederick Melms to Remzy Bitar, #22 Exhibit Exhibit V-Email from Remzy Bitar to Frederick Melms, #23 Exhibit Exhibit W- Email from Frederick Melms to Remzy Bitar, #24 Exhibit Exhibit X- Signed Revocable License agreement, #25 Exhibit Exhibit Y- Conditional Use Permit, #26 Exhibit Exhibit Z- Z-Best bikes photo, #27 Exhibit Exhibit AA- Map from WI DOT, #28 Exhibit Exhibit AB- Email Chain between Remzy Bitar and Frederick Melms) (Melms, Frederick)
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Filing 3
Declaration of Kirk C. Bangstad filed by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC re: #2 Motion for TRO (Melms, Frederick)
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Filing 2
Motion for Temporary Restraining Order by Plaintiffs Kirk C. Bangstad, Minocqua Brewing Company LLC. (Melms, Frederick)
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Filing 1
COMPLAINT against All Defendants. ( Filing fee $ 405 receipt number AWIWDC-3386539.), filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A-GIS/PLSS MAP, #2 Exhibit Exhibit B-GIS/PLSS MAP, #3 Exhibit Exhibit C-GIS/PLSS MAP, #4 Exhibit Exhibit D-GIS/PLSS MAP, #5 Exhibit Exhibit E-GIS/PLSS MAP, #6 Exhibit Exhibit F-GIS/PLSS MAP, #7 Exhibit Exhibit G-GIS/PLSS MAP, #8 Exhibit Exhibit H-GIS/PLSS MAP, #9 Exhibit Exhibit I-GIS/PLSS MAP, #10 Exhibit Exhibit J-GIS/PLSS MAP, #11 Exhibit Exhibit K-Draft Town Board Minutes 12.21.2021, #12 Exhibit Exhibit L-MBC Taproom site plan, #13 Exhibit Exhibit M-MBC Taproom site plan depicting old driveway., #14 Exhibit Exhibit N-MBC Taproom Driveway Photo, #15 Exhibit Exhibit O- First Revocable License Agreement, #16 Exhibit Exhibit P- Second Revocable License Agreement, #17 Exhibit Exhibit Q- Photo of Driveway, #18 Exhibit Exhibit R- Email from Remzy Bitar to Frederick Melms, #19 Exhibit Exhibit S-Email from Frederick Melms to Remzy Bitar, #20 Exhibit Exhibit T- Email from Remzy Bitar to Frederick Melms, #21 Exhibit Exhibit U- Email from Frederick Melms to Remzy Bitar, #22 Exhibit Exhibit V-Email from Remzy Bitar to Frederick Melms, #23 Exhibit Exhibit W- Email from Frederick Melms to Remzy Bitar, #24 Exhibit Exhibit X- Signed Revocable License agreement, #25 Exhibit Exhibit Y- Conditional Use Permit, #26 Exhibit Exhibit Z- Z-Best bikes photo) (Melms, Frederick) Modified on 3/5/2024: Civil cover sheet missing. Defendants incomplete or missing. (lak)
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