The Town of Arpin v. Wagler, Samuel et al
| The Town of Arpin |
| Samuel E. Wagler and Ruth Wagler |
| 3:2024cv00534 |
| August 5, 2024 |
| US District Court for the Western District of Wisconsin |
| Anita Marie Boor |
| James D Peterson |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Defendant |
Docket Report
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| Filing 17 Brief in Reply by Plaintiff The Town of Arpin in Support of #3 Motion to Remand (Gamoke, William),(ps) |
| Filing 16 Amended Brief in Opposition by Defendants Ruth Wagler, Samuel E. Wagler re: #3 Motion to Remand filed by The Town of Arpin (Wagler, Samuel),(ps) |
Filing 15
** TEXT ONLY ORDER **Defendants' request for clarification, Dkt. #14 , is GRANTED solely to inform them that they may submit a single brief in opposition not to exceed ten pages that contains all their arguments, factual and legal, in opposition to plaintiff's motion to remand. Defendants may not file a separate response to the exhibit attached to plaintiff's brief in support. See Dkt. #9 -1. Furthermore, the text in the brief in opposition must be large enough and have enough spacing between the lines and in the margins for the court to read it easily. The spacing in defendants' request for clarification is sufficient to meet this requirement. Signed by Magistrate Judge Anita Marie Boor on 9/13/2024. (nln),(ps)
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| Filing 14 Response re: 13 Text Only Order,,,,, REQUEST FOR CLARIFICATION by Defendants Ruth Wagler, Samuel E. Wagler. (Wagler, Samuel),(ps) |
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Filing 13
** TEXT ONLY ORDER ** Defendants, proceeding without counsel, removed this case to this court. Dkt. #1 . Plaintiff moved to remand and filed a four-page brief in support. Dkt. #3 and Dkt. #9 . Defendants, who co-sign all their submissions, have filed three separate briefs in opposition to the motion to remand totaling 52 pages. Dkt. #10 ; Dkt. #11 ; Dkt. #12 . The court has inherent powers to manage its docket in a way to "achieve the orderly and expeditious disposition of cases," Dietz v. Bouldin, 579 U.S. 40, 45 (2016), which includes the power to impose reasonable page limits on legal briefs, see Lue v. JPMorgan Chase & Co., 768 F. App'x 7, 9 (2d Cir. 2019). Defendants' combined 52-page brief in opposition is unnecessarily long and grossly "out of proportion" to plaintiff's brief in support, which doesn't present any novel or complex issues. See Lue, 769 F. App'x at 9. Accordingly, the court will STRIKE defendants' briefs in opposition. Dkt. #10 ; Dkt. #11 ; Dkt. #12 . It is ORDERED that defendants have until September 27, 2024 to file a single brief in opposition not to exceed ten (10) pages. Plaintiff's reply is due by October 4, 2024. Signed by Magistrate Judge Anita Marie Boor on 9/13/24. (jat),(ps)
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| Filing 12 Definitions by Defendants Ruth Wagler, Samuel E. Wagler re: #3 Motion to Remand filed by The Town of Arpin (Wagler, Samuel),(ps) Modified docket text to match document title on 9/11/2024. (jef). Modified on 9/13/2024 (jat). Stricken, Text Order #13 |
| Filing 11 Memorandum in Support of #10 Brief in Opposition by Defendants Ruth Wagler, Samuel E. Wagler re: #3 Motion to Remand filed by The Town of Arpin (Wagler, Samuel),(ps) Modified docket text on 9/11/2024. (jef). Modified on 9/13/2024 (jat). Stricken, Text Order #13 |
| Filing 10 Brief in Opposition by Defendants Ruth Wagler, Samuel E. Wagler re: #3 Motion to Remand filed by The Town of Arpin (Wagler, Samuel),(ps) Modified on 9/13/2024 (jat). Stricken, Text Order #13 |
| Filing 9 Brief in Support of #3 Motion to Remand by Plaintiff The Town of Arpin (Attachments: #1 Exhibit Opinion No. 2002-296) (Gamoke, William),(ps) |
| Filing 8 Brief in Support of #6 Motion to Dismiss by Defendants Ruth Wagler, Samuel E. Wagler (Wagler, Samuel),(ps) |
| Filing 7 Brief in Support of #6 Motion to Dismiss by Defendants Ruth Wagler, Samuel E. Wagler (Attachments: #1 Exhibit LETTER 6/22/24, #2 Exhibit LETTER 7/15/24) (Wagler, Samuel),(ps) |
| Filing 6 MOTION TO DISMISS by Defendants Ruth Wagler, Samuel E. Wagler. (Wagler, Samuel),(ps) |
| Filing 5 Affidavit of Mailing. (Gamoke, William),(ps) |
| Filing 4 Disregard. Modified on 8/20/2024. (lak) |
| Filing 3 MOTION TO REMAND by Plaintiff The Town of Arpin. (Gamoke, William),(ps) |
| Filing 2 Notice of Appearance of Counsel filed by William C Gamoke for Plaintiff The Town of Arpin. (Gamoke, William),(ps) |
| Set Briefing Deadlines as to #3 MOTION TO REMAND . Brief in Opposition due 9/10/2024. Brief in Reply due 9/20/2024. (nln),(ps) |
| Filing 1 NOTICE OF REMOVAL from Wood County Circuit Court, case number 24-cv-284, filed by Ruth Wagler, Samuel E. Wagler. (Attachments: #1 State court notices, summons and complaint, #2 JS-44 Civil Cover Sheet, #3 Envelope) (jef) |
| Filing fee received: $405.00, receipt number 3185. (nln),(ps) |
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