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APPLETON PAPERS INC. and NCR Corp., Plaintiffs, v. GEORGE A. WHITING PAPER CO., et al., Defendants. , E.D.Wis., November 18, 2009
DECISION AND ORDER DENYING MOTIONS FOR LEAVE TO AMEND AND TO MODIFY CASE MANAGEMENT ORDER WILLIAM C. GRIESBACH, District Judge. Plaintiffs have filed a motion seeking leave to file an eighth amended complaint to reinstate certain claims arising under § 107 of CERCLA. A corollary to that motion is Plaintiffs' motion to modify the Case Management Order. [FN1] I dismissed Plaintiffs' § 107 claims in an August 20, 2008 decision (Dkt.# 227), and that decision explains the factual background underl...

Oscar Hall ELLIOTT, Plaintiff v. Sergeant PRICE, Defendant. , W.D.Wis., November 18, 2009
Oscar Hall Elliott, Waupun, WI, pro se. ORDER BARBARA B. CRABB, District Judge. In this proposed civil action for monetary relief brought pursuant to 42 U.S.C. § 1983, plaintiff Oscar Hall Elliott contends that defendant Sergeant Price violated his constitutional rights by refusing to move him out of administrative confinement. On October 16, 2009, I dismissed plaintiff's complaint because it violated Fed.R.Civ.P. 8, and I gave him until November 5, 2009 to submit a proposed amended co...

Roger W. ALSWAGER, Plaintiff, v. AEGIS SCIENCES CORPORATION, Timothy A. Robert, Travis Curtis, David Black, Regina Sweeney, and John Doe, Defendants. , E.D.Wis., November 18, 2009
Roger W. Alswager, Prairie Du Chien, WI, pro se. Joan M. Huffman, Ted A. Wisnefski, Melissa H. Burkland, Michael Best & Friedrich LLP, Milwaukee, WI, Michael G. Abelow, Sherrard & Roe PLC, Nashville, TN, for Defendants. ORDER J.P. STADTMUELLER, District Judge. The plaintiff, who is currently incarcerated at the Chippewa Valley Correctional Treatment Facility, filed this pro se action claiming that the defendants misrepresented the manner in which they could perform a blood test on him. T...

RICOH COMPANY, LTD., Plaintiff, v. QUANTA COMPUTER INC. and Quanta Storage Inc., Defendants. , W.D.Wis., November 18, 2009
Christopher Walker, John Christopher Rozendaal, Michael John Guzman, Michael E. Joffre, Mark C. Hansen, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, Todd Smith, Godfrey & Kahn, S.C., Kenneth B. Axe, Lathrop & Clark LLP, Madison, WI, for Plaintiff. Erin Elizabeth Sears, Maxwell A. Fox, Peter James Wied, Paul Hastings Janofsky & Walker, Alan M. Grimaldi, Howrey LLP, Washington, DC, John E. Porter, Paul, Hastings, Janofsky & Walker TW, Los Angeles, CA, Todd Smith, Godfrey ...

UNITED STATES of America, Plaintiff, v. Donovan WILLIAMS, Defendant. , W.D.Wis., November 18, 2009
ORDER BARBARA B. CRABB, Chief Judge. A hearing on the probation office's petition for judicial review of Donovan Williams's supervised release was held on November 17, 2009, before United States District Judge Barbara B. Crabb. The government appeared by Assistant United States Attorney Timothy M. O'Shea. Defendant was present in person and by counsel, Erika L. Bierma. Also present was United States Probation Officer Michael D. Harper. From the record I make the following findings of f...

Gerald SANDERS, Plaintiff, v. Dr. James SCHNEIDER, Attorney General Eric Holder and United States of America, Defendants. , W.D.Wis., November 18, 2009
Gerald Sanders, Madison, WI, pro se. Stephen E-File Only Sinnott, Acting U.S. Attorney, W.D. of Wisconsin, Madison, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. This is a proposed civil action for monetary relief in which plaintiff, a resident of Madison, Wisconsin, alleges that defendants have failed to provide him with adequate medical care. Plaintiff has asked for leave to proceed in forma pauperis and has supported his request with an affidavit of indigency. The st...

Jael SPEIGHTS, Petitioner, v. Peter HUIBREGTSE, Warden, Wisconsin Secure Program Facility, Respondent. , W.D.Wis., November 17, 2009
ORDER BARBARA B. CRABB, District Judge. On October 29, 2009, I dismissed Jael Speights's petition for a writ of habeas corpus summarily because he did not qualify for relief under 28 U.S.C. § 2254. Now petitioner has filed a motion for reconsideration of the dismissal. Petitioner's motion is without merit and will be denied. In his petition, petitioner contended that he was denied procedural due process in the context of a prison disciplinary hearing at which he was found guilty of bat...

Tyrone Davis SMITH, Plaintiff, v. City of MILWAUKEE POLICE DEPARTMENT, Phillip C. Simmert, Detective James Olson, and Nannette Hegerty, Defendants. , E.D.Wis., November 17, 2009
Tyrone Davis Smith, Green Bay, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. The plaintiff, who is incarcerated at Green Bay Correctional Institution, filed a pro se civil rights complaint under 42 U.S.C. § 1983, alleging that his civil rights were violated. This matter comes before the court on the plaintiff's petition to proceed in forma pauperis. The case was initially randomly assigned to Magistrate Judge Aaron E. Goodstein. Since there has been no consent to magistrate judge jur...

UNITED STATES of America, Plaintiff, v. Gerald PORTER, Defendant. , E.D.Wis., November 17, 2009
Kelly Brown Watzka, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. Brian P. Mullins, Federal Defender Services of Wisconsin Inc., Milwaukee, WI, for Defendant. ORDER OVERRULING THE DEFENDANT'S OBJECTION TO THE MAGISTRATE JUDGE'S RECOMMENDATION (Doc. # 48); ADOPTING THE MAGISTRATE JUDGE'S RECOMMENDATION (Doc. # 47); DENYING THE DEFENDANT'S MOTION TO SUPPRESS EVIDENCE (Doc. # 11); AND SETTING FINAL PRETRIAL CONFERENCE AND TRIAL DATES C.N. ...

KOLBE & KOLBE HEALTH AND WELFARE BENEFIT PLAN and Kolbe & Kolbe Millwork Co., Inc., Plaintiffs, v. The MEDICAL COLLEGE OF WISCONSIN, Inc. and Children's Hospital of Wisconsin, Inc., Defendants. , W.D.Wis., November 17, 2009
Douglas J. Klingberg, Mary Ellen Schill, Ruder Ware, L.L.S.C., Wausau, WI, for Plaintiffs. Terry E. Nilles, Von Briesen & Roper, S.C., Milwaukee, WI, for Defendants. OPINION AND ORDER BARBARA B. CRABB, District Judge. Plaintiffs Kolbe & Kolbe Health and Welfare Benefit Plan and Kolbe & Kolbe Millwork Company, Inc. are suing defendants The Medical College of Wisconsin, Inc. and Children's Hospital of Wisconsin, Inc. for equitable relief under § 502(a)(3) of the Employee Retirement Inc...

Rick Sam GERACIE, Plaintiff, v. MUSKEGO POLICE DEPARTMENT and Tess Corners Fire Department, Defendants. , E.D.Wis., November 16, 2009
Rick Sam Geracie, Muskego, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. On November 6, 2009, Rick Sam Geracie ("Geracie") filed a complaint against the Muskego Police Department and the Tess Corners Fire Department. (Docket # 1). Accompanying his complaint was a motion to proceed in forma pauperis, (Docket # 2), and a motion to appoint counsel, (Docket # 3). The matter was randomly assigned to Magistrate Judge Aaron E. Goodstein but was reassigned to this court because the parties h...

Kathleen HEFLICK, Plaintiff, v. Michael ASTRUE, Commissioner of the Social Security Administration, Defendant. , E.D.Wis., November 16, 2009
Frederick J. Daley, Jr., Daley Debofsky & Bryant, Chicago, IL, for Plaintiff. Social Security Administration, Brian E. Pawlak, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Defendant. DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Kathleen Heflick sought judicial review of the Commissioner's denial of her application for disability insurance benefits. I reversed and remanded for further proceedings pursuant to 42 U.S.C. § 405(g), sentenc...

Christopher McSWAIN, Plaintiff, v. James GREER, Rick Raemisch, Greg Grams, Alice Rogers, Marlys Kerr and Michael S. Thurmer, Defendants. , W.D.Wis., November 16, 2009
Christopher McSwain, Portage, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendants. OPINION AND ORDER BARBARA B. CRABB, District Judge. Plaintiff Christopher McSwain, a prisoner at the Columbia Correctional Institution in Portage, Wisconsin, has filed a proposed civil complaint and a request for leave to proceed in forma pauperis. Plaintiff has struck out under 28 U.S.C. § 1915(g), which means that he cannot obtain indigent status under § 191...

Ludmyla SKORYCHENKO, Plaintiff, v. Ernest F. TOMPKINS, Defendant. , W.D.Wis., November 16, 2009
Ludmyla Skorychenko, Wausau, WI, pro se. Alanna J. Feddick, Feddick & Associates, S.C., Marshfield, WI, for Defendant. OPINION and ORDER BARBARA B. CRABB, District Judge. On September 28, 2009, I granted plaintiff Ludmyla Skorychenko's motion for summary judgment in this case, finding that there were no genuine issues of material fact that would prevent her from enforcing the provisions of an I-864 affidavit of support in which defendant Ernest Tompkins agreed to maintain plaintiff a...

Samuel C. SHOUMAKE, Petitioner, v. Carol HOLINKA Warden, Respondent. , W.D.Wis., November 16, 2009
Samuel C. Shoumake, Oxford, WI, pro se. Stephen Sinnott, Acting U.S. Attorney, Madison, WI, for Respondent. ORDER BARBARA B. CRABB, District Judge. Petitioner Samuel C. Shoumake has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. He has paid the $5 filing fee. He contends that the Bureau of Prisons has violated his rights by refusing to place him in a halfway house for more than the six-month minimum amount authorized under the Second Chance Act of 2007, enacted ...

Thomas John WUNDER, Petitioner, v. Carol HOLINKA, Warden, Respondent. , W.D.Wis., November 13, 2009
Thomas John Wunder, Oxford, WI, pro se. Stephen Sinnott, Acting U.S. Attorney, W.D. of Wisconsin, Madison, WI, for Respondent. ORDER BARBARA B. CRABB, District Judge. Petitioner Thomas John Wunder is a prisoner at the Federal Correctional Institution in Oxford, Wisconsin. He has filed a pleading styled as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and has paid a $5 filing fee. In the petition, petitioner contends that respondent Holinka has violated his right...

UNITED STATES of America, Plaintiff, v. Brandon HENDRIX, Defendant. , W.D.Wis., November 13, 2009
Rita Rumbelow, United States Attorney's Office, Madison, WI, for Plaintiff. ORDER BARBARA B. CRABB, District Judge. Defendant Brandon Hendrix has filed objections to the report and recommendation entered by the United States Magistrate Judge on October 30, 2009. The magistrate judge recommended denial of defendant's motion to dismiss the indictment against him and to quash the search warrant that resulted in the seizure of the SKS 7.62 x 39 mm rifle and Ruger .45 caliber pistol that gav...

Christine J. RABIDEAUX, Plaintiff, v. CLEAN POWER and Detective Bartels, Defendants. , E.D.Wis., November 13, 2009
Christine J. Rabideaux, Milwaukee, WI, pro se. Michele M. Ford, Crivello Carlson SC, Milwaukee, WI, for Defendants. DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Christine Rabideaux brought this pro se complaint claiming defendant Clean Power discriminated against her by terminating her employment based on race and disability and that defendant Detective Bartels wrongfully arrested her. Plaintiff moved to proceed in forma pauperis. Magistrate Judge Aaron E. Goodstein screene...

Fairly W. EARLS, Plaintiff, v. Attorney Anthony L. O'MALLEY, Zacherl, O'Malley & Endejan, S.C., and XYZ Insurance Company, Defendants. , E.D.Wis., November 13, 2009
Martin R. Stein, Scott A. Wales, Safer & Stein Law Firm SC, Milwaukee, WI, for Plaintiff. Russell M. Ware, Michael R. Vescio, Smithamundsen LLC, Milwaukee, WI, for Defendants. ORDER LYNN ADELMAN, District Judge. This legal malpractice action arose out of defendants' representation of plaintiff in a Wisconsin criminal case involving the fondling of a six-year old girl during a camping trip in 1997. A jury found plaintiff guilty of three counts of first degree sexual assault of a child and...

BERTRAM COMMUNICATIONS LLC, Appellant, v. NETWURX, INC., Appellee. , E.D.Wis., November 13, 2009
ORDER J.P. STADTMUELLER, District Judge. The present case is brought forth before this court on appeal from the United States Bankruptcy Court for the Eastern District of Wisconsin. The appellant, Bertram Communications LLC ("Bertram"), has moved this court to grant a Temporary Restraining Order (TRO), prohibiting any sale of the appellee, Netwurx, Inc. ("Netwurx"). The court will briefly recount the facts animating the appellant's motion before resolving the legal question the motion begs. ...

Curtis DAUER, Plaintiff, v. State of WISCONSIN, DEPARTMENT OF CORRECTIONS; Rick Raemisch; Tim Lundquist; Roman Kaplan, M.D.; and Beth A. Dittmann, Defendants. , W.D.Wis., November 12, 2009
Michael J. Kuborn, Curtis Law Office, Oshkosh, WI, for Plaintiff. Francis X. Sullivan, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. In this proposed civil action for monetary relief brought pursuant to 42 U.S.C. § 1983, plaintiff Curtis Dauer, represented by counsel, contends that defendants Wisconsin Department of Corrections, Rick Raemisch, Tim Lundquist, Roman Kaplan and Beth Dittmann violated his rights under the Eighth an...

Steven E. FORTNEY, Plaintiff, v. William POLLARD, Michael Baenen and Capt. Schultz, Defendants. , W.D.Wis., November 12, 2009
Steven E. Fortney, Green Bay, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER STEPHEN L. CROCKER, United States Magistrate Judge. This a proposed civil action for monetary relief brought under 42 U.S.C. § 1983. Pro se plaintiff Steven Fortney is suing defendants for violations of his due process rights under the Fourteenth Amendment. Before the court is plaintiff's motion for summary judgment. Dkt. 19. The motion will be denied wi...

Ellen M. SCHNEEBERG, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wis., November 12, 2009
Frederick J. Daley, Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff. Commissioner of Social Security, Office of General Counsel, Chicago, IL, Richard D. Humphrey, U.S. Attorney's Office, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. This is an action for judicial review of an adverse decision of the Commissioner of Social Security, denying plaintiff Ellen M. Schneeberg's application for Supplemental Security Income under Title XVI of the Social...

Mark J. WALKOWIAK, Plaintiff, v. Glen HEINZL, Cindy Beeny, Candace Warner, Jeff Puttkammer, Koreen Frisk, Kathryn M. Cacic and Janine Hessler, Defendants. [FN1]FN1. In defendants' summary judgment materials, they provide their full names and proper, W.D.Wis., November 12, 2009
Mark J. Walkowiak, New Lisbon, WI, pro se. Steven Carl Kilpatrick, Wisconsin Department of Justice, Madison, WI, W. Patrick Sullivan, Siesennop & Sullivan, Milwaukee, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. Before the court are defendants' motions for summary judgment on plaintiff Mark J. Walkowiak's claim that defendants violated his Eighth Amendment rights by failing to provide him a second mattress to ease his severe back pain. (Defendant Kathryn M. Cacic files...

Steven E. FORTNEY, Plaintiff, v. Lt. Chris STEVENS, C.O. III David Longsine, Jermey Leirmo, Luke Fullmer, Cole Coopman, Larry Dillenberg, Brian Van Loo, Nurse Marilyn Vanterkinter and Nurse Kathy Lemens, Defendants. , W.D.Wis., November 12, 2009
Steven E. Fortney, Green Bay, WI, pro se. John Glinski, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER STEPHEN L. CROCKER, United States Magistrate Judge. This a proposed civil action for monetary relief brought under 42 U.S.C. § 1983. Pro se plaintiff Steven Fortney is suing defendants for violations of his constitutional rights under the Eighth Amendment. This case is before the court on several motions: plaintiff's motion to amend his complaint, dkt. 72, defen...

KAY BEER DISTRIBUTING, INC., Plaintiff, v. ENERGY BRANDS, INC., Defendant. , E.D.Wis., November 12, 2009
David H. Weber, Herbert C. Liebmann, III, Kurt A. Goehre, Liebmann Conway Olejniczak & Jerry SC, Green Bay, WI, for Plaintiff. Brian W. McGrath, Cassandra H. McCauley, John E. Turlais, Jon P. Christiansen, Katherine M. Longley, Foley & Lardner LLP, Milwaukee, WI, for Defendant. ORDER REGARDING SEALED DOCUMENTS WILLIAM C. GRIESBACH, District Judge. This case was dismissed at the close of the plaintiff's case pursuant to Rule 50(a)(1) of the Federal Rules of Civil Procedure. Judgment was e...

Adib K. TIMBUKTU and Chad Bernard Parham, Plaintiffs, v. Ronald MALONE et. al., Defendants. , E.D.Wis., November 12, 2009
Max Welsh, Thomas L. Shriner, Jr., William J. Katt, Jr., Foley & Lardner LLP, Milwaukee, WI, for Plaintiffs. Roy L. Williams, Milwaukee, WI, for Defendants. ORDER OF RECUSAL AARON E. GOODSTEIN, United States, Magistrate Judge. On November 5, 2009, the Honorable J.P. Stadtmueller referred this case to the undersigned for the purposes of conducting a settlement conference. This court conducted a telephone status conference with counsel for the parties on November 12, 2009 to discuss the sc...

Jason K. VAN BUREN, Petitioner, v. William POLLARD, Respondent. , E.D.Wis., November 12, 2009
Waring R. Fincke, Fincke Law Offices, West Bend, WI, for Petitioner. Christopher G. Wren, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for Respondent. ORDER DENYING CERTIFICATE OF APPEALABILITY AARON E. GOODSTEIN, United States Magistrate Judge. On January 30, 2009, Jason K. Van Buren ("Van Buren") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Docket No. 1.) The respondent was ordered to answer the petition, (Docket No. 3) an...

Russell WRIGHT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wis., November 12, 2009
Russell Wright, Milwaukee, WI, pro se. Social Security Administration, Brian E. Pawlak, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Defendant. ORDER J.P. STADTMUELLER, District Judge. On November 4, 2009, plaintiff Russell Wright ("Wright") filed a complaint seeking judicial review of a decision by the Commissioner of the Social Security Administration denying his application for Supplemental Security Income disability benefits. In connection with...

SJ PROPERTIES SUITES, BUYCO, EHF; SJ Fasteignir, EHF; and, Askar Capital, HF, Plaintiffs, and Seth E. Dizard, Court-Appointed Receiver of DOC Milwaukee LP, Intervenor Plaintiff, v. DEVELOPMENT OPPORTUNITY CORP.; STJ, P.C., d/b/a Economou Partners, E.D.Wis., November 12, 2009
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. A number of motions are pending in the above captioned cases. The motions for consolidation and to intervene will be addressed in this Decision and Order. Consolidation The Plaintiffs in the above captioned actions, case numbers 09-C-533 and 09-C- 569, (the "533 action" and the "569 action," respectively) filed motions to consolidate the actions pursuant to Federal Rule of Civil Procedure 42 and Civil Local Rule 42.1(a) of this District. ...

Daniel J. WACKETT, Plaintiff, v. CITY OF BEAVER DAM, et al., Defendants. , E.D.Wis., November 12, 2009
DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT WILLIAM C. GRIESBACH, District Judge. Plaintiff Daniel Wackett, is a former employee of the City of Beaver Dam. Wackett has brought suit against the City of Beaver Dam ("City") and members of the City's Board of Public Works ("Board"), alleging that the defendants violated his right to freedom of speech under the First Amendment. In addition, Wackett has stated a breach of contract, quantum meruit, and unjust enrichment claim...

UNITED STATES of America, Plaintiff, v. John ANTHONY, Defendant. , E.D.Wis., November 12, 2009
Brian J. Resler, United States Department of Justice, Milwaukee, WI, for Plaintiff. SENTENCING MEMORANDUM LYNN ADELMAN, District Judge. Defendant John Anthony pleaded guilty to possessing a firearm as a felon, 18 U.S.C. § 922(g)(1), and possession of five grams or more of crack cocaine with intent to distribute, 21 U.S.C. § 841(a)(1) & (b)(1)(B). I ordered a pre-sentence report ("PSR") and set the case for sentencing. After determining that defendant did not qualify as an armed career crimi...

Jeffrey Keith BELL, Petitioner v. WISCONSIN DEPT. OF CORRECTIONS, Respondent. , E.D.Wis., November 10, 2009
Jeffrey Keith Bell, Sturtevant, WI, pro se. ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE WILLIAM C. GRIESBACH, District Judge. Petitioner filed a petition under 28 U.S.C. § 2254. The case was assigned to a magistrate judge, who considered it and filed a recommendation with this Court. The ten days allowed for the filing of written objections to the proposed findings and recommendation of the magistrate judge have passed and no objections have been filed. Having reviewed the petition an...

Scott HEGWOOD, Nasty Habit, Inc. (a Minnesota Corporation), and Nasty Habit, Inc. (a Wisconsin Corporation), Plaintiffs, v. CITY OF EAU CLAIRE, Chief Jerry Matysik, Deputy Chief Bradley Venaas, Retired Deputy Chief Gary Foster, Sgt. Craig West, Off, W.D.Wis., November 10, 2009
Jeff Scott Olson, Jeff Scott Olson Law Firm, Madison, WI, for Plaintiffs. Joel L. Aberg, Weld, Riley, Prenn & Ricci, S.C., Eau Claire, WI, for Defendants. OPINION and ORDER BARBARA B. CRABB, District Judge. In this civil rights lawsuit, plaintiffs allege that defendants, who include the City of Eau Claire and various individual active and retired police officers, subjected plaintiffs' bar to special restrictions and ultimately revoked the bar's liquor license, in violation of plainti...

Michael J. ZUEGE, Jr., Plaintiff, v. Daniel KNOCH, Robert Lazorik, Wisconsin Patient Compensation Fund, and University of Wisconsin Hospital and Clinics, Defendants. , W.D.Wis., November 9, 2009
Michael J. Zuege, Jr., Prairie Du Chien, WI, pro se. Francis X. Sullivan, Wisconsin Department of Justice, Timothy J. Yanacheck, Bell, Gierhart & Moore, S.C., Madison, WI, Joseph M. Fasi, Gonzalez Saggio & Harlan LLP, Milwaukee, WI, for Defendants. OPINION AND ORDER BARBARA B. CRABB, District Judge. On August 17, 2009, I granted plaintiff Michael J. Zuege, Jr. leave to proceed in forma pauperis on an Eighth Amendment claim against defendants Daniel Knoch and Robert Lazorik and on sta...

Trenton BRATCHETT, Plaintiff, v. Eric BRAXTON, Braxton Environmental Services Corp., Wisconsin Department of Corrections, Felmers Chaney Center, Superintendent/Warden John Doe, Sergeant Hibler, Captain McPipe, Work Coordinator Mister Davis, Social , E.D.Wis., November 9, 2009
Trenton Bratchett, Sturtevant, WI, pro se. ORDER LYNN ADELMAN, District Judge. Plaintiff, who is now incarcerated at Racine Correctional Institution, filed a pro se complaint under 42 U.S.C. § 1983, alleging that his civil rights were violated while he was incarcerated at the Felmers Chaney Center. On July 6, 2009, I permitted plaintiff to proceed in forma pauperis. Now before me is plaintiff's third amended complaint, filed on September 17, 2009. I. BACKGROUND Plaintiff's third amended com...

UNITED STATES SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. WEALTH MANAGEMENT LLC, James Putman, Simone Fevola, et al., Defendants. , E.D.Wis., November 9, 2009
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS DEFENDANT PUTMAN'S COUNTERCLAIMS AND DENYING DEFENDANT PUTMAN'S MOTION FOR CONSIDERATION WILLIAM C. GRIESBACH, District Judge. The Securities and Exchange Commission ("the Commission") brought this enforcement action against Wealth Management LLC ("WM"), James Putman, WM's founder, and Simone Fevola, WM's former president and chief investment officer. The Commission alleges that defendants violated the Securities Act of 1933, 15 U.S.C. § 77a et seq...

UNITED STATES of America, Plaintiff, v. Grayland T. HARVEY, Jr., Defendant. , W.D.Wis., November 9, 2009
Timothy Michael O'Shea, United States Attorney's Office, Madison, WI, for Plaintiff. ORDER BARBARA B. CRABB, Chief Judge. A hearing on the probation office's petition for judicial review of Grayland T. Harvey, Jr.'s supervised release was held on November 6, 2009, before United States District Judge Barbara B. Crabb. The government appeared by Assistant United States Attorney Timothy M. O'Shea. Defendant was present in person and by counsel, Erika L. Bierma. Also present was United Stat...

RICOH COMPANY, LTD., Plaintiff, v. QUANTA COMPUTER, INC., Quanta Storage, Inc. and Quanta Computer USA, Inc., Defendants. , W.D.Wis., November 9, 2009
Christopher Walker, John Christopher Rozendaal, Michael John Guzman, Michael E. Joffre, Mark C. Hansen, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, Kenneth B. Axe, Lathrop & Clark LLP, Madison, WI, for Plaintiff. Todd Smith, Godfrey & Kahn, S.C., Madison, WI. Erin Elizabeth Sears, Paul Hastings Janofsky & Walker, Washington, DC, for Quanta Computer Inc., Quanta Storage Inc., Quanta Computer USA, Inc., New Universe Technology, Inc., Nu Technology, Inc. John E. Por...

Jamar BAILEY, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. , W.D.Wis., November 9, 2009
Stephen E-File Only Sinnott, Acting U.S. Attorney, W.D. of Wisconsin, Madison, WI, for Defendant. Jamar Bailey, Oxford, WI, pro se. ORDER BARBARA B. CRABB, District Judge. On October 5, 2009, I dismissed plaintiff Jamar Bailey's case for failure to state a claim upon which relief may be granted under the Administrative Procedures Act. In that same order, plaintiff was advised that he is obligated to pay the unpaid balance of the $350 filing fee in monthly payments as described in 28 ...

April GRIFFIN, et al., Plaintiffs, v. State of WISCONSIN, et al., Defendant. , E.D.Wis., November 9, 2009
April Griffin, Milwaukee, WI, pro se. I Griffin, Milwaukee, WI, pro se. David C. Rice, Wisconsin Department of Justice Office of the Attorney General, Madison, WI, Robert E. Andrews, Jan A. Smokowicz, Milwaukee City Attorney's Office, Matthew W. Kurlinski, Amy Schmidt Jones, Michael Best & Friedrich LLP, Joseph O. Wilson, Valerie P. Vidal, Quarles & Brady LLP, John R. Schreiber, O'Neil Cannon Hollman Dejong SC, Milwaukee, WI, for Defendant. ORDER LYNN ADELMAN, District Judge. I previo...

Melody J. ROSE, Plaintiff, v. Steven M. CAHEE, M.D., Fond Du Lac Regional Clinic, S.C., and Agnesian Healthcare, Inc., Defendants. , E.D.Wis., November 9, 2009
Kathryn S. Devine, Phillip J. Holroyd, Schiff Hardin LLP, Scott A. Schoettes, Lambda Legal Defense and Education Fund Inc., Chicago, IL, Peter M. Kimball, Minneapolis, MN, Rebekah A. Kopec-Farrell, Legal Services Program of Wisconsin, Milwaukee, WI, for Plaintiff. William R. Wick, Terri L. Weber, Nash Spindler Grimstad & McCracken LLP, Manitowoc, WI, Laurie J. McLeroy, Otjen Van Ert & Weir SC, Milwaukee, WI, for Defendants. ORDER J.P. STADTMUELLER, District Judge. On October 26, 2009, de...

Joseph L. VAN PATTEN, Plaintiff, v. Randall WRIGHT, Stephen P. Borroughs, Christine Marie Skrinska, and Dr. Butler, Defendants. , E.D.Wis., November 9, 2009
Joseph L. Van Patten, Winnebago, WI, pro se. Andrew A. Jones, Timothy H. Posnanski, Whyte Hirschboeck Dudek SC, Adam J. Freed, W. Patrick Sullivan, Siesennop & Sullivan, Milwaukee, WI, for Defendants. ORDER LYNN ADELMAN, District Judge. Having prevailed on their motion for summary judgment due to plaintiff's failure to respond, defendants Randall Wright and Stephen P. Borroughs submit a bill of costs for $249.85 under Fed.R.Civ.P. 54(d). Defendants Dr. Butler and Christine Skrinska subm...

Claudia M. BRINGE, Plaintiff, v. Michael ASTRUE, Commissioner of the Social Security Administration, Defendant. , E.D.Wis., November 7, 2009
Thomas E. Bush, Thomas E. Bush SC, Milwaukee, WI, Frederick J. Daley, Jr., Daley Debofsky & Bryant, Chicago, IL, for Plaintiff. Brian E. Pawlak, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, Social Security Administration, for Defendant. DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Claudia Bringe brought this action for judicial review of the denial of her application for Supplemental Security Income ("SSI") benefits. On June 10, 2009, I r...

Jackie CARTER, Plaintiff, v. Peter HUIBREGTSE (Warden); Monica Horner (Security Director); Gary Boughton (Assit.Warden); Ms. Hoem, Psychologist; Ms. S. Sharpe, Psychologist; Kevin Kallas, Psychiatrist; Rubin Ash, Psychologist, Defendants. , W.D.Wis., November 6, 2009
Jackie Carter, Portage, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendant. ORDER BARBARA B. CRABB, District Judge. This the third of four proposed civil actions for injunctive and monetary relief brought under 42 U.S.C. § 1983 by plaintiff Jackie Carter. Plaintiff, a prisoner at the Columbia Correctional Institution in Portage, Wisconsin, asks for leave to proceed under the in forma pauperis statute, 28 U.S.C. § 1915. From the financial aff...

Dwayne ALMOND, Plaintiff, v. James E. DOYLE, Rick Raemisch, William Pollard, Pete Ericksen, Lt. Swiekatowski, Capt. Lesatz, Officer Sievert and Sgt. Hurt, Defendants. , W.D.Wis., November 6, 2009
Dwayne Almond, Green Bay, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. In an order entered September 14, 2009, I dismissed plaintiff Dwayne Almond's amended complaints in this civil action under 42 U.S .C. § 1983 because they failed to comply with Fed.R.Civ.P. 8, and gave him a final chance to submit an amended complaint that complies with Rule 8. Now plaintiff has submitted a new proposed amen...

Jackie CARTER, Plaintiff, v. Peter HUIBREGTSE; Monica Horner; Gary Boughton; Judith Huibregtse; Lt. Hanfeild; Lt. Tom; Capt. Hooper; C.O. Jones; C.O. Lefter; C.O. Mullusk; C.O. Cockroft; C.O. Belz, Sr.; Capt. Mason and W.D.O.C. Secretary Rick Reami, W.D.Wis., November 6, 2009
Jackie Carter, Portage, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. This the fourth of four proposed civil actions for injunctive and monetary relief brought under 42 U.S.C. § 1983 by plaintiff Jackie Carter, a prisoner at the Columbia Correctional Institution in Portage, Wisconsin. Plaintiff for leave to proceed under the in forma pauperis statute, 28 U.S.C. § 1915. From the financial affidav...

Matthew ALLEN, Plaintiff, v. DEPT. OF CORRECTIONS, Rick Raemisch (Secretary) and Matt Haneman, Agent for Department of Corrections, Defendants. , W.D.Wis., November 6, 2009
Matthew Allen, Black River Falls, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. In this prisoner civil rights lawsuit brought under 42 U.S.C. § 1983, plaintiff Matthew Allen challenges state officials' failure to release him by his mandatory release date during an earlier imprisonment. Plaintiff has requested leave to proceed in forma pauperis and has paid the initial partial filing fee. Plainti...

Eric R. WISE, Plaintiff, v. David BETH, Kenosha County Sheriff, Corporal Kaiser, Corporal Reid, Donna Gayhart, and Gary Preston, Defendants. , E.D.Wis., November 6, 2009
Eric R. Wise, Petersburg, VA, pro se. Julie P. Wilson, Raymond J. Pollen, Crivello Carlson SC, Milwaukee, WI, for Defendants. ORDER J.P. STADTMUELLER, District Judge. The pro se plaintiff, a prisoner at all relevant times, brought a civil action in this court under 42 U.S.C. § 1983, alleging that his civil rights were violated. On March 14, 2008, the plaintiff was granted leave to proceed in forma pauperis. On September 15, 2009, this court issued an order granting defendants' motion for...

UNITED STATES of America, Plaintiff, v. James EVANS, Defendant. , E.D.Wis., November 6, 2009
SENTENCING MEMORANDUM LYNN ADELMAN, District Judge. Defendant James Evans pleaded guilty to using a telephone to facilitate a felony drug offense, contrary to 21 U.S.C. § 843(b), and I set the case for sentencing. In imposing sentence, I first calculated the advisory sentencing guideline range, then determined the ultimate sentence under all of the factors set forth in 18 U.S.C. § 3553(a). See, e.g., United States v. Bush, 523 F.3d 727, 729 (7th Cir.2008). I. GUIDELINES The parties agreed t...

Gaetano "Tom" ALIOTO, Plaintiff, v. TOWN OF LISBON, Terry Martorano, and Jeffrey Musche, Defendants. , E.D.Wis., November 6, 2009
Leonard G. Adent, Adent Law Offices, Pewaukee, WI, for Plaintiff. Andrew T. Phillips, Gina M. Ozelie, Centofanti Phillips SC, Mequon, WI, Oyvind Wistrom, Lindner & Marsack SC, Milwaukee, WI, for Defendants. ORDER J.P. STADTMUELLER, District Judge. Plaintiff Gaetano "Tom" Alioto ("Alioto") seeks leave of the court to file an amended complaint in this action. Alioto filed the request and the proposed amended complaint in response to motions to dismiss filed by defendants Terry Martorano ("...

UNITED STATES of America, Plaintiff, v. Kelly P. LACY, Defendant. , E.D.Wis., November 6, 2009
Bridget J. Domaszek, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. DECISION AND ORDER OVERRULING THE DEFENDANT'S OBJECTION (Doc. # 30); ADOPTING THE MAGISTRATE JUDGE'S RECOMMENDATION (DOC. # 28); AND DENYING THE DEFENDANT'S MOTION TO DISMISS THE INDICTMENT (DOC. # 15) C.N. CLEVERT, JR., Chief Judge. The defendant, Kelly P. Lacy, is charged with possession of a firearm as an unlawful user of controlled substances (marijuana), in violation...

N-Namdi WILLIAMS, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Wis., November 6, 2009
N-Namdi Williams, Glenville, WV, pro se. Elizabeth M. Blackwood, United States Department of Justice, Milwaukee, WI, for Respondent. ORDER J.P. STADTMUELLER, District Judge. On January 22, 2008, the court sentenced N-Namdi Williams ("Williams") to a term of two hundred and forty months in prison after he pled guilty to one count of Distribution of Fifty Grams or More of Cocaine Base, in violation of 21 U.S.C. §§ 841(a)(1) & (b)(1)(A), and § 851. Williams did not appeal his sentence. Howe...

UNITED STATES of America, Plaintiff, v. DYKEMAN FAMILY CORPORATION, and Michael K. Dykeman, Defendants. , E.D.Wis., November 6, 2009
Martin M. Shoemaker, United States Department of Justice, Washington, DC, for Plaintiff. Amy L. Barnes, Michael G. Goller, Reinhart Boerner Van Deuren SC, Milwaukee, WI, for Defendants. ORDER J.P. STADTMUELLER, District Judge. On September 10, 2009, plaintiff filed a Complaint against defendants seeking a permanent injunction and other relief. On September 11, 2009, plaintiff filed a Motion for Preliminary Injunction. On October 29, 2009 (after entry of a stipulated order for extension o...

UNITED STATES of America, Plaintiff, v. Horatio T. GARDNER, Defendant. , W.D.Wis., November 6, 2009
Rita Rumbelow, United States Attorney's Office, Madison, WI, for Plaintiff. Morris Berman, Madison, WI, pro se. ORDER BARBARA B. CRABB, Chief Judge. A hearing on the probation office's petitions for judicial review of Horatio Gardner's supervised release was held on November 5, 2009, before United States District Judge Barbara B. Crabb. The government appeared by Assistant United States Attorney Rita M. Rumbelow. Defendant was present in person and by counsel Morris Berman. Also pres...

Jamar BAILEY, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. , W.D.Wis., November 6, 2009
Jamar Bailey, Oxford, WI, pro se. Stephen Sinnott, Acting U.S. Attorney, W.D. of Wisconsin, Madison, WI, for Defendant. ORDER BARBARA B. CRABB, District Judge. On October 5, 2009, I dismissed plaintiff Jamar Bailey's claim under 28 U.S.C. § 1915A for failure to state a claim upon which relief may be granted under the Administrative Procedures Act. Now plaintiff has filed a motion for reconsideration of the dismissal. Plaintiff's motion will be denied. In his amended complaint, pl...

Patrick DAY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wis., November 5, 2009
Frederick J. Daley, Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff. Commissioner of Social Security, Office of General Counsel, Chicago, IL, Richard D. Humphrey, U.S. Attorney's Office, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. In March 2006, plaintiff Patrick Day filed an application for Disability Insurance Benefits under sections 216(i) and 223 of the Social Security Act, codified at 42 U.S.C. §§ 416(i), 423(d). Plaintiff, a former equi...

Akida BERRY, Plaintiff, v. Lt. PETERMAN, R.N. Dave Reich, and Dr. Butler, Defendants. , E.D.Wis., November 5, 2009
Akida Berry, Sturtevant, WI, pro se. James R. Gutglass, Maria K. Schneider, Gutglass Erickson Bonville Seibel & Faulker, Milwaukee, WI, for Defendants. ORDER J.P. STADTMUELLER, District Judge. The pro se plaintiff, a state prisoner at all relevant times, brought a civil action in this court under 42 U.S.C. § 1983, alleging that his civil rights were violated. On July 17, 2008, the plaintiff was granted leave to proceed in forma pauperis. On September 23, 2009, this court issued an order ...

OPERATING ENGINEERS LOCAL 139 HEALTH BENEFIT FUND, et al., Plaintiff, v. TRACKS CUSTOM CRUSHING, Inc., Defendant, Waste Management of Wisconsin, Inc., Garnishee Defendant. , E.D.Wis., November 5, 2009
Laura M. Finnegan, Patrick N. Ryan, Baum Sigman Auerbach & Neuman Ltd., Chicago, IL, for Plaintiff. David E. Stewart, Stewart Law Offices, Brookfield, WI, Thomas P. Lyons, Lyons & Ranta LLP, Brookfield, WI, for Garnishee Defendant. DECISION AND ORDER RUDOLPH T. RANDA, District Judge. In May 2009, plaintiff Operating Engineers Local 139 Health Benefit Fund ("Local 139") obtained a default judgment against Tracks Custom Crushing, Inc. ("Tracks") in the amount of $68,534.13. In June, Local ...

UNITED STATES of America, Plaintiff, v. William BRADFORD, Defendant. , E.D.Wis., November 5, 2009
Bridget J. Domaszek, United States Department of Justice (ED-WI), Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. DECISION AND ORDER LYNN ADELMAN, District Judge. Defendant William Bradford, charged with possessing a firearm as a felon, moved to suppress the gun, alleging a violation of his Fourth Amendment rights. Specifically, he alleged that the police violated his rights by (1) pulling him over, (2) patting him down and arresting him, and (3) searching his car after his arres...

UNITED STATES of America, Plaintiff, v. Gerald MOORE, Defendant. , E.D.Wis., November 5, 2009
Elizabeth M. Blackwood, United States Department of Justice (ED-WI) Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. Brian P. Mullins, Federal Defender Services Of Wisconsin Inc., Milwaukee, WI, for Defendant. SENTENCING MEMORANDUM LYNN ADELMAN, District Judge. The government charged defendant Gerald Moore, along with his cousin Eric Moore, with armed bank robbery. Pursuant to an agreement with the government, defendant, who acted as the driver during the offense, pleaded guilt...

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. C.G. SCHMIDT, INC., Defendant. , E.D.Wis., November 5, 2009
Brian C. Tyndall, Dennis R. McBride, Jean P. Kamp, United States Equal Employment Opportunity Commission Milwaukee District Office, Milwaukee, WI, John C. Hendrickson, United States Equal Employment Opportunity Commission Chicago District Office, Chicago, IL, for Plaintiff. Lucinda J. Schettler, Eric E. Hobbs, Michael Best & Friedrich LLP, Milwaukee, WI, for Defendant. ORDER J.P. STADTMUELLER, District Judge. A person who formally accuses their employer of engaging in legally insidious d...

Douglas BARDEN, et al., Plaintiffs, v. HURD MILLWORK COMPANY, INC., et al., Defendants. , E.D.Wis., November 5, 2009
Mark L. Thomsen, Brett A. Eckstein, Cannon & Dunphy SC, Brookfield, WI, William A. Wiseman, Patrick G. Mcbride, O'Neil Cannon Hollman Dejong SC, Milwaukee, WI, for Plaintiffs. John C. Schaak, Kelly H. Twigger, Mark A. Kircher, W. Stuart Parsons, Joshua D. Maggard, Quarles & Brady LLP, Milwaukee, WI, John L. Kirtley, Karen A. Waple, Godfrey & Kahn SC, Milwaukee, WI, Robert J. Giuffra, Jr., Sullivan & Cromwell LLP, New York, NY, Thomas D. Cochran, Timothy M. Lawlor, Witherspoon Kelley Davenpor...

Phil VAN BRUNT, Plaintiff, v. State of WISCONSIN and United States of America, Defendant. , W.D.Wis., November 5, 2009
Phil Van Brunt, Twin Lakes, WI, pro se. John Van Hollen, Attorney General, Wisconsin Department of Justice, Stephen Sinnott, Madison, WI, for Defendant. ORDER BARBARA B. CRABB, District Judge. Plaintiff Phil Van Brunt has filed a notice of appeal from the judgment entered herein on October 29, 2009, dismissing his case because the allegations of his complaint were legally frivolous. Now before the court is plaintiff's notice of appeal. Because he has not paid the $455 fee for filing...

Alonzo E. STEWART, Plaintiff, v. Rick RAEMISCH, Quala Champagne, Ruth Donalds, Angela Peterson, and John Langdon, Defendant. , E.D.Wis., November 4, 2009
Alonzo E. Stewart, Kenosha, WI, pro se. ORDER LYNN ADELMAN, District Judge. Plaintiff, a former Wisconsin state prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. On June 17, 2009, I dismissed the complaint for failure to state a claim but granted plaintiff leave to file an amended complaint, which he filed on July 17, 2009. I will now screen the amended complaint. See28 U.S.C. § 1915A. The court is required to screen complaints brought by prisoners seeking rel...

Jerry SAENZ, Plaintiff, v. Matthew J. FRANK, Michael Thurmer, James Greer, Dr. Charles Larson, Dr. David Burnett, Belinda Schrubbe, Lisa Baker, Gail Waltz, Mary Gorske, Judy Schaefer, Charlene Reitz, Francis L. Monroe-Jennings, and Patty Carran, De, E.D.Wis., November 4, 2009
Jerry Saenz, Portage, WI, pro se. Richard Duane Harlow, Wisconsin Department of Justice Office of the Attorney General, Madison, WI, for Defendants. DECISION AND ORDER LYNN ADELMAN, District Judge. On September 18, 2009, I granted defendants' motion for summary judgment, and the clerk of court entered final judgment. On October 2, 2009, plaintiff filed a motion for reconsideration pursuant to Federal Rule of Civil Procedure 60(b), which I address below. I assume familiarity with my prior...

Robert Eric ANTHON, Plaintiff, v. DEPARTMENT OF VETERAN AFFAIRS, and Eric K. Shinseki, Defendants. , E.D.Wis., November 4, 2009
Robert Eric Anthon, Fort Atkinson, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. On October 2, 2009, plaintiff Robert Eric Anthon ("Anthon") filed a pro se Complaint against defendants. (Docket # 1). Plaintiff then filed a Motion for Leave to Proceed in forma pauperis. (Docket # 2). The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts. Neitzke v. Williams, 490 U.S. 319, 327 (1989). To authorize a ...

Robert Eric ANTHON, Plaintiff, v. Kerry BAKER, Joe Croissert, Eric K. Shinseki, and Department of Veterans Affairs, Office of Inspector General, Defendants. , E.D.Wis., November 4, 2009
Robert Eric Anthon, Fort Atkinson, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. On October 13, 2009, plaintiff Robert Eric Anthon ("Anthon") filed a pro se Complaint against defendants. (Docket # 1). Plaintiff then filed a Motion for Leave to Proceed in forma pauperis. (Docket # 2). The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts. Neitzke v. Williams, 490 U.S. 319, 327 (1989). To authorize a...

Robert Eric ANTHON, Plaintiff, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Michael Olson, and Chris Norton Defendants. , E.D.Wis., November 4, 2009
Robert Eric Anthon, Fort Atkinson, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. On October 13, 2009, plaintiff Robert Eric Anthon ("Anthon") filed a pro se Complaint against defendants. (Docket # 1). Plaintiff then filed a Motion for Leave to Proceed in forma pauperis. (Docket # 2). The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts. Neitzke v. Williams, 490 U.S. 319, 327 (1989). To authorize a...

Robert Eric ANTHON, Plaintiff, v. DEPARTMENT OF VETERANS AFFAIRS, Office of Inspector General, and Eric Shinseki, Defendants. , E.D.Wis., November 4, 2009
Robert Eric Anthon, Fort Atkinson, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. On October 13, 2009, plaintiff Robert Eric Anthon ("Anthon") filed a pro se Complaint against defendants. (Docket # 1). Plaintiff then filed a Motion for Leave to Proceed in forma pauperis. (Docket # 2). The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts. Neitzke v. Williams, 490 U.S. 319, 327 (1989). To authorize a...

SEMICONDUCTOR ENERGY LABORATORY CO., LTD., Plaintiff, v. SAMSUNG ELECTRONICS CO., LTD., S-LCD Corporation, Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC, Defendants. , W.D.Wis., November 4, 2009
Anthony A. Tomaselli, Kristin Graham Noel, Quarles & Brady LLP, Madison, WI, Donald R. Harris, Jeffrey Aloysius Koppy, John Espenshade Titus, Joseph Albert Saltiel, Steven Raymond Trybus, Terrence Joseph Truax, Jenner & Block LLP, Chicago, IL, for Plaintiff. Brian M. Berliner, Nicholas J. Whilt, Ryan Ken Yagura, O'Melveny & Myers LLP, Los Angeles, CA, Darin J. Glasser, Marcus Quintanilla, Polaphat Veravanich, O'Melveny & Myers LLP, Newport Beach, CA, Georg A. Riley, O'Melveny & Myers, San Fra...

John Ryan OSWALD, Plaintiff, v. TRANSUNION, Defendant. , W.D.Wis., November 4, 2009
John Ryan Oswald, Madison, WI, pro se. Laura K. Rang, Robert J. Schuckit, Schuckit & Associates, P.C., Indianapolis, IN, for Defendant. ORDER BARBARA B. CRABB, District Judge. Before the court is defendant Transunion's motion for summary judgment on plaintiff John Ryan Oswald's claim that defendant violated his rights under the Fair Credit Reporting Act, 15 U.S.C. § 1681i, by refusing to investigate information on his credit report that he had identified as fraudulent. In its motion,...

RICOH COMPANY, LTD., Plaintiff, v. QUANTA COMPUTER, INC., Quanta Storage, Inc., Quanta Computer USA, Inc., New Universe Technology, Inc. and NU Technology, Inc., Defendants. , W.D.Wis., November 4, 2009
Christopher Walker, John Christopher Rozendaal, Michael John Guzman, Michael E. Joffre, Mark C. Hansen, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, Todd Smith, Godfrey & Kahn, S.C., Kenneth B. Axe, Lathrop & Clark LLP, Madison, WI, for Plaintiff. Erin Elizabeth Sears, Paul Hastings Janofsky & Walker, Washington, DC, John E. Porter, Maxwell A. Fox, Peter James Wied, Paul, Hastings, Janofsky & Walker LLP Los Angeles, CA, Todd Smith, Godfrey & Kahn, S.C., Madison, WI, fo...

GLENN SEED LTD., a Canadian corporation and Green Leaves, Inc., a South Dakota corporation, Plaintiffs, v. James A. VANNET, a Minnesota individual, Tender Leafy Corn, LLC, a dissolved Wisconsin limited liability company and Tender Leafy Corn, LLC, , W.D.Wis., November 4, 2009
OPINION AND ORDER STEPHEN L. CROCKER, United States Magistrate Judge. This is a civil action for monetary and declaratory relief. Plaintiffs Glenn Seed Ltd. and Green Leaves, Inc. are suing defendants under several contract-related causes of action. In response to plaintiffs' suit, defendants James Vannet, Tender Leafy Corn, LLC, Wisconsin (TLC Wisconsin) and Tender Leafy Corn, LLC, Minnesota (TLC Minnesota) have asserted contract-related counterclaims requesting monetary and declaratory ...

Margaret M. KRAEGE, Kelly C. Tomko, and Stephanie A. Tomko, Plaintiffs, v. Frank BUSALACCHI, Secretary, Wisconsin Department of Transportation, Lynne Judd, Administrator, Wisconsin Division of Motor Vehicles, and John Does 1-10, Defendants. , W.D.Wis., November 4, 2009
Don P. Saxton, Saxton Law Firm, Mitchell Burgess, Burgess & Lamb, P.C., Ralph Phalen, Ralph K. Phalen, Inc., Kansas City, MO, Jordan C. Loeb, Cullen Weston Pines & Bach LLP, Madison, WI, for Plaintiffs. John R. Sweeney, Charlotte Gibson, Wisconsin Department of Justice, Madison, WI, for Defendants. OPINION AND ORDER BARBARA B. CRABB, District Judge. In this civil class action, plaintiffs Margaret M. Kraege, Kelly C. Tomko and Stephanie A. Tomko contend that defendants Frank Busalacc...

MANPOWER INC., Plaintiff, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant. , E.D.Wis., November 3, 2009
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Manpower Inc. ("Manpower") brings this action against its insurer, the Insurance Company of the State of Pennsylvania ("ISOP"), seeking reimbursement for losses arising out of the collapse of part of an office building and claiming that ISOP denied coverage in bad faith. ISOP counterclaims, seeking a declaration that it has already satisfied its coverage obligation. I have subject matter jurisdiction pursuant to 28 U.S.C. § 1332 becau...

State of WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT, Division of Vocational Rehabilitation, Plaintiff, v. UNITED STATES DEPARTMENT OF EDUCATION, Margaret Spellings, in her official capacity as Secretary of the United States Department of Educati, W.D.Wis., November 3, 2009
David C. Rice, Steven Carl Kilpatrick, Wisconsin Department of Justice, Madison, WI, for Plaintiff. Richard D. Humphrey, U.S. Attorney's Office, Lisa Claire Goldman, Lawton & Cates, S.C., Madison, WI, for Defendants. OPINION and ORDER BARBARA B. CRABB, District Judge. Plaintiff State of Wisconsin Department of Workforce Development, Division of Vocational Rehabilitation, seeks review of an arbitration panel's decision under the Randolph-Sheppard Act, 20 U.S .C. § 107. The panel found...

UNITED STATES of America, Plaintiff, v. Kenyotta JONES, Defendant. , W.D.Wis., November 3, 2009
Elizabeth Altman, United states Attorney's Office, Madison, WI, for Plaintiff. William Ginsberg, Mandell & Ginsberg Law Office, Madison, WI, for Defendant. ORDER BARBARA B. CRABB, District Judge. In July 2009, defendant Kenyotta Jones filed a post conviction motion under 28 U.S.C. § 2255. At the time, he did not file a brief in support of the motion, but asked for an opportunity to do so. After obtaining several extensions of time, he filed a document on September 15, 2009, in which ...

Donald Dale PENCE, Petitioner, v. Carol HOLINKA, Warden, Respondent. , W.D.Wis., November 3, 2009
Donald Pence, Oxford, WI, pro se. Stephen Sinnott, Acting U.S. Attorney, W.D. of Wisconsin, Madison, WI, for Respondent. OPINION and ORDER BARBARA B. CRABB, District Judge. Petitioner has moved under Fed.R.Civ.P. 60(b) for relief from the judgment entered in this case on September 30, 2009. Rule 60(b) is "an extraordinary remedy and is granted only in exceptional circumstances." Harrington v. City of Chicago, 433 F.3d 542, 546 (7th Cir.2006) (internal quotation omitted). Petitioner h...

Steven JOHNSON, Petitioner, v. Randall HEPP, Warden, Stanley Correctional Institution, Respondent. , W.D.Wis., November 3, 2009
Steven Johnson, Stanley, WI, pro se. Gregory M. Weber, Wisconsin Department of Justice, Madison, WI, for Respondent. ORDER BARBARA B. CRABB, District Judge. On October 14, 2009, this court entered a judgment, dismissing petitioner Steven Johnson's application for a writ of habeas corpus on the ground that he had failed to exhaust his state court remedies. Petitioner has now filed a notice of appeal and a request for a certificate of appealability. Petitioner insists that he exhausted...

State of WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT, DIVISION OF VOCATIONAL REHABILITATION, Plaintiff, v. UNITED STATES DEPARTMENT OF EDUCATION, Margaret Spellings, in her official capacity as Secretary of the United States Department of Educati, W.D.Wis., November 3, 2009
David C. Rice, Steven Carl Kilpatrick, Wisconsin Department of Justice, Madison, WI, for Plaintiff. Richard D. Humphrey, U.S. Attorney's Office, Lisa Claire Goldman, Lawton & Cates, S.C., Madison, WI, for Defendants. OPINION and ORDER BARBARA B. CRABB, District Judge. Plaintiff State of Wisconsin Department of Workforce Development, Division of Vocational Rehabilitation, seeks review of an arbitration panel's decision under the Randolph-Sheppard Act, 20 U.S .C. § 107. The panel found...

Brenda CARABALLO, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , E.D.Wis., November 2, 2009
Lynn M. Zuehlsdorf-Mack, Mack Law Offices, Milwaukee, WI, for Plaintiff. Social Security Administration, Brian E. Pawlak, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Defendant. ORDER RE: PLAINTIFF'S PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS PATRICIA J. GORENCE, United States Magistrate Judge. The plaintiff, Brenda Caraballo, seeks judicial review, pursuant to 42 U.S.C. § 405(g), of the Commissioner of the Social Security Administration's (C...

Sylvester THOMAS, Plaintiff, v. Patricia McMAHON and Theodore Nanz, Defendants. , E.D.Wis., November 2, 2009
Sylvester Thomas, Winnebago, WI, pro se. ORDER WILLIAM C. GRIESBACH, District Judge. Plaintiff Thomas, who is confined at the Wisconsin Resource Center ("WRC") under a civil commitment as a sexually violent person, see Wis. Stat. ch. 980, has filed an action under 42 U.S.C. § 1983 claiming that his constitutional rights have been violated. He asks this Court to grant certain motions to dismiss that he filed in his Chapter 980 proceedings, and more generally he challenges the evidence used ...

WINS EQUIPMENT, LLC, Plaintiff, v. RAYCO MANUFACTURING, INC., Defendant. , W.D.Wis., November 2, 2009
Brian E. Butler, Jonathan G. Evenson, Joseph P. Wright, Stafford Rosenbaum LLP, Madison, WI, for Plaintiff. Erin M. Patterson, Gimbel, Reilly, Guerin & Brown, Milwaukee, WI, Lucas Keith Palmer, Critchfield, Critchfield & Johnston, Ltd., Wooster, OH, for Defendant. OPINION and ORDER STEPHEN L. CROCKER, United States Magistrate Judge. This is a civil action for monetary relief brought by plaintiff Wins Equipment, LLC for breach of contract and violations of the Wisconsin Fair Dealershi...

UNITED STATES of America, Plaintiff, v. Andre BULLOCK, Defendant. , E.D.Wis., November 2, 2009
Stephen A. Ingraham, United States Department of Justice Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. SENTENCING MEMORANDUM LYNN ADELMAN, District Judge. Defendant Andre Bullock pleaded guilty to possessing a firearm as a felon, contrary to 18 U.S.C. § 922(g)(1). After accepting the plea, I ordered a pre-sentence report ("PSR") and scheduled the case for sentencing. I. SENTENCING GUIDELINES The first step in imposing sentence is to calculate the advisory sentencing guideline...

James JANSSEN, Petitioner, v. Bradley HOMPE, Warden, Stanley Correctional Institution, Respondent. , W.D.Wis., October 30, 2009
Morris Berman, Berman Law Office, Madison, WI, for Petitioner. Daniel Joseph O'Brien, Wisconsin Department of Justice, Madison, WI, for Respondent. OPINION AND ORDER BARBARA B. CRABB, District Judge. James Janssen, an inmate at the Stanley Correctional Institution, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his custody resulting from his September 15, 1994 conviction in the Circuit Court for Vilas County of the first-degree in...

Chad GOETSCH, Plaintiff, v. WISCONSIN DEPARTMENT OF CORRECTIONS, John Bett, Dr. Rubin-Ash, Janet Walsh, Dr. Laetitia Ley, Dr. Mike Vandenbrook, Gregory Grams, Sgt. Shimpach, and Jon Frank, Defendants. , W.D.Wis., October 30, 2009
Chad Goetsch, Portage, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. In this action for injunctive, declaratory and monetary relief brought pursuant to 42 U.S.C. § 1983, plaintiff Chad Goetsch alleges that prison officials at Columbia Correctional Institution violated his rights in a variety of ways. Plaintiff seeks relief from a total of nine defendants on nine claims. Plaintiff is a...

Manuel SALAS, Plaintiff, v. Gregory GRAMS, Lori Alsum, James Greer, Gloria Marquardt, Cynthia Thorpe, Dalia Suliene, R.N. Ketarkus, Paul Persson and Steve Helgerson, Defendants. , W.D.Wis., October 30, 2009
ORDER STEPHEN L. CROCKER, United States Magistrate Judge. Plaintiff Manuel Salas was granted leave to proceed in forma pauperis on his claims that defendants violated his Eighth and Fourteenth Amendment rights by discussing or approving the discussion of his private medical information in the presence of other inmates and staff, and violated his Eighth Amendment rights by failing to protect him from a substantial risk of serious self-harm. Now before the court are plaintiff's motions to s...

Jose DOTEL, Petitioner, v. William POLLARD, Respondent. , E.D.Wis., October 30, 2009
Jose Dotel, Green Bay, WI, pro se. Daniel J. O'Brien, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for Respondent. ORDER J.P. STADTMUELLER, District Judge. On February 28, 2008, petitioner Jose Dotel ("Dotel") filed a petition for a writ of habeas corpus. The court denied Dotel's petition because he failed to exhaust his claim in state court; specifically, he failed to present his claims to the Wisconsin Supreme Court. After the court denied Dotel's petit...

UNITED STATES of America, Plaintiff, sv. Tarrance D. JENKINS, Defendant. , E.D.Wis., October 30, 2009
John J. Manning, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. Ann T. Bowe, Ann T. Bowe, Attorney at Law, Milwaukee, WI, for Defendant. ORDER J.P. STADTMUELLER, District Judge. Before the court are two motions for the return of property filed by defendant Tarrance Jenkins ("Jenkins"). The property Jenkins is seeking the return of is approximately $1,322.00 in cash. Motions such as those filed by Jenkins are properly brought pursuant to Fe...

Jimmie L. ELLIS, Petitioner, v. Greg GRAMS, Warden, Respondent. , E.D.Wis., October 30, 2009
Jimmie L. Ellis, Portage, WI, pro se. Marguerite M. Moeller, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for Respondent. ORDER J.P. STADTMUELLER, District Judge. Over three years ago, on August 10, 2006, this court denied the petition of Jimmie Ellis ("Ellis") for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254, finding that Ellis had failed to demonstrate that the Wisconsin state courts adjudicating his underlying criminal case acted contra...

Christopher McSWAIN, Plaintiff, v. Dalia SULIENE, Defendant. , W.D.Wis., October 30, 2009
Christopher McSwain, Portage, WI, pro se. John Glinski, Wisconsin Department of Justice, Madison, WI, for Defendant. OPINION and ORDER BARBARA B. CRABB, District Judge. Plaintiff Christopher McSwain, who is currently incarcerated at the Columbia Correctional Institution in Portage, Wisconsin, is proceeding on his claim that defendant Dalia Suliene was deliberately indifferent to his serious medical needs by prescribing him medications with harmful side effects and failing to address ...

Corrine WIESMUELLER and Heather Devan, on behalf of themselves and those similarly situated, Plaintiffs, v. John KOSOBUCKI, Charles H. Constantine, James A. Morrison, Mark J. Baker, Thomas M. Boykoff, Steven T. Clark, Linda F. Hoskins, James L. Hus, W.D.Wis., October 30, 2009
Christopher Wiesmueller, Kuchler & Cotton, Waukesha, WI, for Plaintiffs. Jennifer Sloan Lattis, Wisconsin Department of Justice, Thomas Joseph Balistreri, State of Wisconsin, Department of Justice, Madison, WI, for Defendants. OPINION AND ORDER BARBARA B. CRABB, District Judge. In this certified class action brought under 42 U.S.C. § 1983, plaintiffs are challenging the constitutionality of Wisconsin Supreme Court Rule 40.03, which allows graduates of law schools in Wisconsin to satisfy...

Phil VAN BRUNT, Plaintiff, v. STATE OF WISCONSIN and United States of America, Defendants. , W.D.Wis., October 29, 2009
ORDER BARBARA B. CRABB, District Judge. This is a proposed civil action filed by plaintiff Phil Van Brunt, a resident of Twin Lakes, Wisconsin. He seeks leave to proceed without prepayment of fees and costs or providing security for such fees and costs, pursuant to 28 U.S.C. § 1915. From the affidavit of indigency accompanying plaintiff's proposed complaint, it appears that he may have sufficient funds to pay the fee, or a portion of the fee for filing his complaint. However, because plai...

UNITED STATES of America, Plaintiff, v. Donald JEFFERSON, Defendant. , E.D.Wis., October 29, 2009
Daniel H. Sanders, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. DECISION AND ORDER LYNN ADELMAN, District Judge. The government charged defendant Donald Jefferson in a three-count indictment with possessing two machine guns, one short-barreled shotgun and one silencer, all contrary to 26 U.S.C. § 5861(d). The charges arose out of the search, pursuant to a warrant, of a car wash operated by a drug suspect named Calvin Coleman. The agents loc...

UNITED STATES of America, Plaintiff, v. Gregory CEGIELSKI, Defendant. , W.D.Wis., October 29, 2009
Peter Mark Jarosz, United States Attorney's Office, Madison, WI, for Plaintiff. Michael Lieberman, Federal Defender Services of Wisconsin, Inc., Madison, WI, for Defendant. DECISION AND ORDER LYNN ADELMAN, District Judge. Defendant Gregory Cegielski, charged with possessing a firearm and ammunition following a conviction for a misdemeanor crime of domestic violence, contrary to 18 U.S.C. § 922(g)(9), moved to dismiss the indictment on the grounds that § 922(g)(9) violates the Second Amen...

UNITED STATES of America, Plaintiff, v. Rafael Augusto MARTINEZ, a/k/a Victor Munoz Polanco, Defendant. , E.D.Wis., October 29, 2009
Pamela Pepper, United States Department of Justice (ED-WI), Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. ORDER J.P. STADTMUELLER, District Judge. On September 25, 1996, a jury found the defendant, Rafael Augusto Martinez ("Martinez"), guilty of conspiracy to possess powdered and crack cocaine with the intent to distribute. (Docket # 108). As the quantity of the illicit substances involved was substantial, and because the defendant was the leader of the conspiracy, Martinez was...

Jael SPEIGHTS, Petitioner, v. Peter HUIBREGTSE, Warden, Wisconsin Secure Program Facility, [FN1] Respondent. FN1. Originally, petitioner filed this action against Peter Huibregtse, warden of the Wisconsin Secure Program Facility, and Rick Ra, W.D.Wis., October 29, 2009
Jael Speights, Boscobel, WI, pro se. Gregory M. Weber, Wisconsin Department of Justice, Madison, WI, for Respondent. OPINION and ORDER BARBARA B. CRABB, District Judge. Petitioner Jael Speights, an inmate at the Wisconsin Secure Program Facility in Boscobel, Wisconsin, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner contends that he was denied procedural due process in the context of a prison disciplinary hearing at which he was found guilty of...

Hakim Q. NASEER, Plaintiff, v. Adam GEGARE, Captain Slayton, Sergeant Rick Visor, Officer George Boulamatsis, Sergeant Thomas Fortmann, Sergeant Jason Hemer, Officer Arthur Strack, and Sergeant Roger Callewaert, Defendants. , E.D.Wis., October 29, 2009
ORDER J.P. STADTMUELLER, District Judge. Plaintiff, Hakim Naseer, who is incarcerated at the Wisconsin Secure Program Facility, is proceeding pro se under 42 U.S.C. § 1983, on a claim that, on January 19, 2008, the defendants subjected him to cruel and unusual punishment that violated the Eighth Amendment. After United States District Judge Rudolph T. Randa permitted Naseer to proceed in forma pauperis, the case was reassigned to this court on September 1, 2009. This matter now comes before t...

Cliff DeTEMPLE, d/b/a Turning Point Systems Group, Plaintiff, v. LEICA GEOSYSTEMS, INC., Defendant. , E.D.Wis., October 29, 2009
ORDER L.P. STADTMUELLER, District Judge. On June 24, 2009, this court entered an order dismissing the claims of plaintiff Cliff DeTemple ("DeTemple"), doing business as Turning Point Systems Group ("TPSG"), alleging violations of the Wisconsin Fair Dealership Law ("WFDL") and breach of contract against defendant Leica Geosystems, Inc. ("Leica"). DeTemple subsequently filed a motion to alter or amend judgment, asserting that the court committed a manifest error of law by considering an affidav...

WNS HOLDINGS, LLC, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant. , W.D.Wis., October 29, 2009
Andrew W. Erlandson, Hurley, Burish & Stanton, S.C., Harry E. Van Camp, Dewitt Ross & Stevens S.C., Madison, WI, George Yvon Nino, Richard David Daly, Caddell & Chapman, Houston, TX, for Plaintiff. Allen Arntsen, Justin Edwin Gray, Foley & Lardner, Madison, WI, Joseph J. Gleason, Patrick J. Flinn, Robert L. Lee, Alston & Bird, LLP, Atlanta, GA, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. On July 14, 2009, I granted defendant United Parcel Service, Inc.'s moti...

Raymond K. HEDGESPETH, Jr., Plaintiff, v. ByroN BARTOW, Director Wisconsin Resource Center; and Steve Watters, Director Sand Ridge Secure Treatment Center, Defendants. , W.D.Wis., October 29, 2009
ORDER STEPHEN L. CROCKER, United States Magistrate Judge. In this proposed civil action for monetary and injunctive relief brought pursuant to 42 U.S.C. § 1983, plaintiff Raymond Hedgespeth, Jr., a civilly committed patient at Sand Ridge Secure Treatment Center, alleges that defendants Byron Bartow and Steven Watters have violated his rights under the First Amendment by denying him the ability to purchase a computer, a digital media converter, CDs, DVDs, video games and video equipment an...

Jael SPEIGHTS, Petitioner, v. Peter HUIBREGTSE, Warden, Wisconsin Secure Program Facility, [FN1] Respondent. FN1. Originally, petitioner filed this action against Peter Huibregtse, warden of the Wisconsin Secure Program Facility, and Rick Ra, W.D.Wis., October 28, 2009
Jael Speights, Boscobel, WI, pro se. Gregory M. Weber, Wisconsin Department of Justice, Madison, WI, for Respondent. OPINION and ORDER BARBARA B. CRABB, District Judge. Petitioner Jael Speights, an inmate at the Wisconsin Secure Program Facility in Boscobel, Wisconsin, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner contends that he was denied procedural due process in the context of a prison disciplinary hearing at which he was found guilty of...

Marisol ALICEA, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wis., October 28, 2009
Marisol Alicea, Milwaukee, WI, pro se. Brian E. Pawlak, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, Social Security Administration, for Defendant. ORDER J.P. STADTMUELLER, District Judge. On August 17, 2009, plaintiff Marisol Alicea ("Alicea") filed a pro se complaint seeking review of a decision by the Commissioner of Social Security denying her benefits. The court granted Alicea's motion for leave to proceed in forma pauperis, and the court's order ...

Derek WILLIAMS, Plaintiff, v. Mr. Rick RAEMISCH, Secretary; Ms. Welcome Rose, Investigator; Mr. William Pollard, Warden; Lt. Campbell, Security Staff; Ms. Diane Longsine, Program Assistant; Any and All John/Jane Doe Unknown Parties-Subordinate to ", W.D.Wis., October 28, 2009
OPINION and ORDER BARBARA B. CRABB, District Judge. In this prisoner civil rights case for monetary, injunctive and declaratory relief brought pursuant to 42 U.S.C. § 1983, plaintiff Derek Williams alleges violations of his rights to equal protection and due process under the Fourteenth Amendment, his right to free speech under the First Amendment and his right to be free from cruel and unusual punishment under the Eighth Amendment. On September 18, 2009, dkt. # 3, I told plaintiff that h...

Angie Sue CLARK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wis., October 28, 2009
Lynn M. Zuehlsdorf-Mack, Mack Law Offices, Milwaukee, WI, for Plaintiff. Commissioner Of Social Security, Office of General Counsel, Chicago, IL, Richard D. Humphrey, U.S. Attorney's Office, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. This is an action for judicial review of an adverse decision of the Commissioner of Social Security brought pursuant to 42 U.S.C. § 405(g). Plaintiff Angie Sue Clark seeks reversal of the commissioner's decision that...

Glenn S. LALE, Plaintiff, v. Rick RAEMISCH, Michael A. Dittmann, Rick Haen, Steve Austin, Lt. Berg, and John Doe, sued as Jamie, Defendants. , E.D.Wis., October 28, 2009
Glenn S. Lale, Plymouth, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. The plaintiff, a Wisconsin state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983, alleging that his civil rights were violated. This matter comes before the court on the plaintiff's petition to proceed in forma pauperis. The plaintiff has filed a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint, as required under ...

Ronald H. NIPPLE, Petitioner, v. Ana BOATWRIGHT, Respondent. , E.D.Wis., October 28, 2009
Ronald H. Nipple, New Lisbon, WI, pro se. Warren D. Weinstein, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for Respondent. DECISION AND ORDER RUDOLPH T. RANDA, District Judge. The petitioner, Ronald Nipple ("Nipple"), was charged with four counts of repeated sexual assault of the same child in Green County, Wisconsin. The victim, who was the daughter of Nipple's girlfriend at the time, was born August 11, 1982, and she bore Nipple two children. Nipple ne...

Jasmine C. LEWIS and Lennie V. Lewis, Plaintiffs, v. CONSUMER FIRST PROPERTIES and William Guy Cekosh, Defendants. , E.D.Wis., October 28, 2009
Jasmine C. Lewis, Brown Deer, WI, pro se. Lennie V. Lewis, Brown Deer, WI, pro se. William Guy Cekosh, Milwaukee, WI, pro se. ORDER J.P. STADTMUELLER, District Judge. On November 17, 2008, plaintiffs filed a pro se complaint against three defendants: Consumer First Properties ("Consumer First"), William Guy Cekosh ("Cekosh"), and First Weber Group, Inc. (which plaintiff erroneously labeled "First Weber Corporation"). First Weber Group, Inc. filed a Motion to Dismiss (Docket # 4), stat...

Aaron PRUITT, Plaintiff, v. UNIVERSITY OF WISCONSIN-MILWAUKEE STUDENT HOUSING AFFAIRS NEIGHBORHOOD HOUSING, Defendant. , E.D.Wis., October 28, 2009
ORDER DENYING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE WILLIAM E. CALLAHAN, JR., United States Magistrate Judge. This is an action that was commenced by the pro se plaintiff, Aaron Pruitt ("Pruitt"), on April 29, 2008, when he filed a complaint naming the University of Wisconsin-Milwaukee, Student Housing Affairs Neighborhood Housing as the defendant. Accompanying Pruitt's complaint was a petition to proceed in forma pauperis. After his petition to proceed in forma pauperis was granted, ...

Shondell KILLEBREW, Plaintiff, v. Sandy JACKSON and Gwen Schultz, Defendants. , E.D.Wis., October 28, 2009
Shondell Killebrew, Portage, WI, pro se. Steven C. Kilpatrick, Wisconsin Department of Justice Office of the Attorney General, Madison, WI, for Defendants. ORDER J.P. STADTMUELLER, District Judge. The plaintiff, Shondell Killebrew, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983 and was granted leave to proceed in forma pauperis on an Eighth Amendment deliberate indifference to a serious medical need claim. There are several motions pending which will be addressed here...

UNITED STATES of America, Petitioner, v. Robert BERNHOFT, Respondent. , E.D.Wis., October 28, 2009
Robert E. Fay, United States Department of Justice, Washington, DC, for Petitioner. Robert E. Barnes, The Law Office of Robert G. Bernhoft SC, Milwaukee, WI, for Respondent. DECISION AND ORDER RUDOLPH T. RANDA, District Judge. BACKGROUND On June 13, 2008, the Petitioner, the United States of America ("the Government"), filed a petition to enforce an Internal Revenue Service ("IRS") administrative summons against the Respondent, Robert Bernhoft ("Bernhoft"). The summons was issued pursuant...

Gordon E. SUSSMAN, Petitioner, v. Jodine DEPPISCH, Warden, Fox Lake Correctional Center, Respondent. , W.D.Wis., October 27, 2009
James Geis, James Geis Law Office, Chicago, IL, for Petitioner. Daniel Joseph O'Brien, Wisconsin Department of Justice, Madison, WI, for Respondent. OPINION AND ORDER BARBARA B. CRABB, District Judge. Petitioner Gordon E. Sussman has filed objections to the September 16, 2009 report and recommendation entered by the United States Magistrate Judge. The magistrate judge recommended denial of the petition for a writ of habeas corpus brought under 28 U.S.C. § 2254; petitioner contends th...

Kenneth C. PEARSON, Plaintiff, v. VOITH PAPER ROLLS INC., Salaried Pension Plan, Defendant. , E.D.Wis., October 27, 2009
Michael F. Brown, Peterson Berk & Cross SC, Appleton, WI, William E. Parsons, Hawks Quindel Ehlke & Perry SC, Madison, WI, for Plaintiff. Bernard J. Bobber, Foley & Lardner LLP, Milwaukee, WI, for Defendant. DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WILLIAM C. GRIESBACH, District Judge. Plaintiff Kenneth C. Pearson filed this action against defendant Voith Paper Rolls Inc. Salaried Pension Plan ("the Plan"), seeking retirement benefits he claims he is entitled t...

Kendrick JACKSON, Petitioner, v. DODGE CORRECTIONAL INSTITUTION, [FN1] Respondent. FN1. Petitioner mistakenly named the facility in which he is confined as the respondent in this case. Rule 2(a) of the Rules Governing 2254 Cases states that , E.D.Wis., October 27, 2009
ORDER J.P. STADTMUELLER, District Judge. On August 17, 2009, petitioner Kendrick Jackson ("Jackson") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After pleading guilty in Milwaukee County Circuit Court, Jackson was convicted of two counts of first-degree sexual assault while armed, a violation of Wis. Stat. § 940.225, and two counts of kidnaping/seizing or confining without consent, a violation of Wis. Stat. § 940.31. Jackson was sentenced to twenty years impriso...

Thomas SHELLEY, Plaintiff, v. Randall HEPP, Tammy Maassen and Dr. Reynolds, Bret, Defendants. , W.D.Wis., October 27, 2009
Thomas W. Shelley, Black River Falls, WI, pro se. Melissa R. Rhone, Monica Burkert-Brist, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. Plaintiff Thomas Shelley, a prisoner at the Jackson Correctional Institution in Black River Falls, Wisconsin, is proceeding in this civil action under 42 U.S.C. § 1983 on his claim that defendants Bret Reynolds, Randall Hepp and Tammy Maassen denied him adequate medical care under the Eighth Ame...

COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff, v. Colleen DIETRICH, Unknown Spouse of Colleen Dietrich, and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A., Defendants. , E.D.Wis., October 27, 2009
Benjamin J. Pliskie, Chaz M. Rodriguez, Blommer Peterman SC, Brookfield, WI, for Plaintiff. Jeff Stobbe, Law Office of Jeff Stobbe, Big Bend, WI, for Defendants. DECISION AND ORDER RUDOLPH T. RANDA, District Judge. On August 31, 2009, Defendant Colleen Dietrich ("Dietrich") removed this foreclosure action from Milwaukee County Circuit Court and filed a motion for leave to proceed in forma pauperis. A fully briefed motion for summary judgment filed by Plaintiff Countrywide Home Loans Serv...

UNITED STATES of America, Plaintiff, v. Carl A. GEE, and Gary R. George, Defendants. , E.D.Wis., October 27, 2009
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. On January 25, 2005, the Court entered a criminal judgment and restitution order in the above-captioned matter. Part of that judgment was the imposition of a restitution obligation in the amount of $200,000 upon defendant Carl A. Gee ("Gee") in favor of the Opportunities Industrialization Center ("OIC") of Greater Milwaukee. To date, Mr. Gee has paid $15,000 in individual payments towards the $200,000 obligation. He is paying at a rate of $...

Towanda JEFFERSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wis., October 27, 2009
ORDER J.P. STADTMUELLER, District Judge. On October 2, 2009, plaintiff Towanda Jefferson ("Jefferson") filed a complaint seeking judicial review of a decision by the Commissioner of the Social Security Administration denying her application for Supplemental Security Income disability benefits. In connection with her complaint, Jefferson also filed a motion for leave to proceed in forma pauperis (IFP). The court finds that Jefferson fulfills the requirements to proceed IFP and will grant her m...

Marcelo SANDOVAL, Petitioner, v. WARDEN, FCI OXFORD, Respondent. , E.D.Wis., October 26, 2009
Cheryl J. Sturm, Cheryl J. Sturm Attorney At Law, Chadds Ford, PA, for Petitioner. ORDER WILLIAM C. GRIESBACH, District Judge. On September 25, 2009, Marcelo Sandoval, a Mexican national incarcerated at the Federal Correctional Institution in Oxford, Wisconsin, filed this petition pursuant to 28 U.S.C. § 2241. Sandoval asserts that his incarceration is unconstitutional because his sentence was imposed in violation of his right to effective assistance of counsel. Sandoval also claims a viola...

UNITED STATES of America, Plaintiff, v. Angela L. WARE, Defendant. , W.D.Wis., October 26, 2009
ORDER BARBARA B. CRABB, Chief District Judge. A hearing on the probation office's petition for judicial review of Angela Ware's supervised release was held on October 23, 2009, before United States District Judge Barbara B. Crabb. The government appeared by Assistant United States Attorney Timothy M. O'Shea. Defendant was present in person and by counsel, Erica L. Bierma. Also present was Senior United States Probation Officer Helen Healy Raatz. From the record and stipulation, I make ...

Robert G. SMITH, Plaintiff, v. Michael DELUAUX, Defendant. , W.D.Wis., October 26, 2009
Robert G. Smith, Green Bay, WI, pro se. Jody J. Schmelzer, Wisconsin Department of Justice, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. Plaintiff Robert G. Smith is proceeding under 42 U.S.C. § 1983 on his claim that defendant Michael Deluaux violated his procedural due process rights during a disciplinary hearing while plaintiff was confined at the Green Bay Correctional Institution in Green Bay, Wisconsin. Jurisdiction is present. 28 U.S.C. § 133...

The FIRST YEARS, INC. and Learning Curve Brands, Inc., Plaintiffs, v. MUNCHKIN, INC., Defendant. , W.D.Wis., October 26, 2009
Angela J. Kujak, Wendy M. Ward, Michael Best & Friedrich LLP, Thomas Patrick Heneghan, Merchant & Gould, P.C., Madison, WI, Arthur Gollwitzer, Marshall John Schmitt, Michael Best & Friedrich LLP, Chicago, IL, S. Edward Sarskas, Michael Best & Friedrich LLP, Milwaukee, WI, for Plaintiffs. James Cole, Jaime Hochhausen, Josephine Benkers, Quarles & Brady, Madison, WI, John L. Knoble, Tod Anthony Kupstas, Knoble Yoshida & Dunleavy, LLC, Philadelphia, PA, for Defendant. OPINION and ORDER BAR...

Lori C. COPPERNOLL, Plaintiff, v. Michael ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wis., October 26, 2009
Barry Alan Schultz, Law Offices of Barry A. Schultz, Evanston, IL, for Plaintiff. Commissioner of Social Security, Office of General Counsel, Chicago, IL, Richard D. Humphrey, U.S. Attorney's Office, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. On June 23, 2009, I remanded this case to the commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g), on the ground that the administrative law judge had failed to make a proper...

Jeffrey SMITH, Plaintiff, v. MEDICAL BENEFIT ADMINISTRATORS GROUP, Inc., Defendant. , E.D.Wis., October 26, 2009
Douglas P. Dehler, Shepherd Finkelman Miller & Shah LLC, Milwaukee, WI, James E. Miller, Patrick Klingman, Shepherd Finkelman Miller & Shah LLC, Chester, CT, James C. Shah, Shepherd Finkelman Miller & Shah LLC, Media, PA, for Plaintiff. Adam C. Briggs, Todd G. Smith, Godfrey & Kahn SC, Milwaukee, WI, Kendall W. Harrison, Patricia L. Wheeler, Godfrey & Kahn SC, Madison, WI, for Defendant. DECISION AND ORDER RUDOLPH T. RANDA, District Judge. Jeffrey Smith requested pre-approval for gastr...

UNITED STATES of America, Plaintiff, v. Rashid SALAHUDDIN, Defendant. , E.D.Wis., October 23, 2009
Gordon P. Giampietro, Michelle L. Jacobs, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff. DECISION AND ORDER LYNN ADELMAN, District Judge. I. BACKGROUND The government charged defendant Rashid Salahuddin, formerly known as Willie Gray, with possessing firearms as a felon, contrary to 18 U.S.C. § 922(g)(1) . (R. 1) Defendant initially pleaded guilty (R. 11), but after the parties discovered that defendant likely qualified as an armed career cr...

Rachel A. ZIMMERMAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wis., October 23, 2009
Dana W. Duncan, Schmidt, Grace and Duncan, Wisconsin Rapids, WI, for Plaintiff. Commissioner of Social Security, Office of General Counsel, Chicago, IL, Richard D. Humphrey, U.S. Attorney's Office, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. This is an action for judicial review of an adverse decision of the Commissioner of Social Security brought pursuant to 42 U.S.C. § 405(g). Plaintiff Rachel A. Zimmerman seeks reversal of the commissioner's de...

Hung Nam TRAN and Eric L. Fankhauser, Plaintiffs, v. Karen TIMBERLAKE, Secretary of the Wisconsin Department of Health Services, Steve Watters, Director at Sandridge Secure Treatment Facility and Byron Bartow, Director at Wisconsin Resource Center,, W.D.Wis., October 23, 2009
Hung Nam Tran, Mauston, WI, pro se. Eric Fankhauser, Mauston, WI, pro se. Corey F. Finkelmeyer, Wisconsin Department of Justice, Madison, WI, for Defendants. ORDER BARBARA B. CRABB, District Judge. In an order entered October 5, 2009, I dismissed plaintiffs' original complaint because it failed to comply with Fed.R.Civ.P. 8 and told plaintiffs that they could file an amended complaint to address the problems with the original complaint. Among other problems with plaintiffs' origin...

EMPLOYERS INSURANCE COMPANY OF WAUSAU, Petitioner, v. CERTAIN UNDERWRITERS AT LLOYDS OF LONDON, QBE Reinsurance (Europe) Limited, Transatlantic Reinsurance Company, St. Paul Reinsurance Company Ltd, and UnionAmerica Insurance Company Limited, Respo, W.D.Wis., October 23, 2009
Danielle Alfonzo Walsman, Regan Abby Shulman, Robert Lewin, Stroock & Stroock & Lavan LLP, New York, NY, Lester A. Pines, Cullen Weston Pines & Bach LLP, Madison, WI, for Petitioner. H. Dale Peterson, Stroud, Willink & Howard, LLC, Madison, WI, Mark Bruckmann, Richard J. Sprock, Bruckmann & Victory, LLP, New York, NY, for Respondents. ORDER BARBARA B. CRABB, District Judge. On September 28, 2009, I granted petitioner Employers Insurance Company of Wausau's petition for appointment of...

Luegene A. HAMPTON, Petitioner, v. Michael THURMER, Respondent. , E.D.Wis., October 23, 2009
Luegene A. Hampton, Waupun, WI, pro se. Aaron R. O'Neil, Wisconsin Department of Justice Office of the Attorney General, Madison, WI, for Respondent. DECISION AND ORDER LYNN ADELMAN, District Judge. Petitioner Luegene A. Hampton, a Wisconsin state prisoner, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his conviction after a jury trial of first-degree intentional homicide as a party to a crime on the ground that his trial counsel was ineffective for fa...

Peter CRAIGG, Petitioner, v. J. GRONDOLSKY, Respondent. , E.D.Wis., October 23, 2009
Peter Craigg, Manchester, KY, pro se. ORDER WILLIAM C. GRIESBACH, District Judge. On August 18, 2009, Peter Craigg filed this petition on a form for habeas relief under 28 U.S.C. § 2254. I construed the motion as being brought under § 2255 and dismissed the petition. He now requests a Certificate of Appealability ("COA"). The COA may issue only if the applicant makes a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). To do so, the appellant must demonstra...

Jason Michael BRUSH, Petitioner, v. Michael THURMER, [FN1] Respondent. FN1. Petitioner named the State of Wisconsin as the respondent in this matter. The state is not a proper respondent in federal habeas proceedings under 28 U.S.C. § 2254, , E.D.Wis., October 23, 2009
Jason Michael Brush, pro se. ORDER WILLIAM C. GRIESBACH, District Judge. On October 13, 2009, Jason M. Brush filed this petition pursuant to 28 U.S.C. § 2254, asserting that his state court conviction and sentence were imposed in violation of the Constitution. Petitioner was convicted in Kenosha County Circuit Court of first-degree recklessly endangering safety, false imprisonment and battery to a probation officer, all by use of a dangerous weapon and as a repeat offender. Brush was sentenc...

BAYER HEALTHCARE, LLC, Plaintiff-Counterclaim Defendant, v. NORBROOK LABORATORIES, LTD., and, Norbrook, Inc. Usa, Defendants- Counterclaimants. , E.D.Wis., October 23, 2009
Jamie L. Simpson, Aaron P. Maurer, Bruce R. Genderson, David I. Berl, Stanley E. Fisher, Williams & Connolly LLP, Washington, Dc, Katherine W. Schill, Paul E. Benson, Michael Best & Friedrich LLP, Milwaukee, WI, for Plaintiff-Counterclaim Defendant. Dillon Kim, Eric J. Lobenfeld, Lyndon M. Tretter, Hogan & Hartson LLP, New York, NY, Donald A. Daugherty, Jr., Lisa M. Arent, Kenneth R. Nowakowski, Whyte Hirschboeck Dudek SC, Milwaukee, WI, for Defendants- Counterclaimants. DECISION AND ORDER ...

John R. HAAS, Plaintiff, v. CITY OF MILWAUKEE, et al., Defendants. , E.D.Wis., October 23, 2009
Mary E. Kennelly, Fox & Fox SC, Monona, WI, for Plaintiff. Susan E. Lappen, Milwaukee City Attorney's Office, Milwaukee, WI, for Defendants. ORDER LYNN ADELMAN, District Judge. On October 15, 2009, defendants filed a motion for summary judgment and all supporting materials with this court under seal. These materials were accompanied by a motion to seal them on the ground that they contain "medical information, personally-identifiable information, and information relative to personal and ...

Peter F. GERACI, Plaintiff, v. Robert J. EVERHART, and Everhart Law Office, Ltd., Defendants. , E.D.Wis., October 23, 2009
Enrico C. Schaefer, Traverse Legal PLC, Traverse City, MI, Marjory S. Stewart, Marjory S. Stewart Law Office, Milwaukee, WI, for Plaintiff. Robert J. Everhart, Attorney at Law, New Brighton, MN, pro se. DECISION AND ORDER RUDOLPH T. RANDA, District Judge. Background The Plaintiff, Peter F. Geraci ("Geraci"), founder of the Law Offices of Peter Francis Geraci (the "Geraci Firm"), filed this action against the Defendants, Robert J. Everhart ("Everhart"), as an individual, and, the Everhart ...

Marco McKNIGHT, Petitioner, v. C. HOLINKA, Warden, Respondent. , W.D.Wis., October 23, 2009
Marco McKnight, Oxford, WI, pro se. Stephen E-File Only Sinnott, acting U.S. Attorney, W.D. of Wisconsin, Madison, WI, for Respondent. ORDER BARBARA B. CRABB, District Judge. Petitioner Marco McKnight has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. He has paid the $5 filing fee. He contends that the Bureau of Prisons has violated his rights by refusing to place him in a halfway house for the full 12 months authorized by the Second Chance Act of 2007, enacted ...

UNITED STATES of America, Plaintiff, v. Steven L. BOLES, Defendant. , W.D.Wis., October 23, 2009
Rita Rumbelow, Madison, WI, for Plaintiff. ORDER BARBARA B. CRABB, Chief Judge. A hearing on the probation office's petition for judicial review of Steven L. Boles' supervised release was held on October 22, 2009, before United States District Judge Barbara B. Crabb. The government appeared by Assistant United States Attorney Rita M. Rumbelow. Defendant was present in person and by counsel, Kelly A. Welsh. Also present was Senior United States Probation Officer Michael D. Harper. Fro...

LINDQUIST FORD, INC., Steven Lindquist, and Craig Miller, Plaintiffs, v. MIDDLETON MOTORS, INC., Defendant. , W.D.Wis., October 23, 2009
Robert E. Shumaker, Dewitt Ross & Stevens S.C., Madison, WI, for Plaintiffs. Mark J. Steichen, Boardman, Suhr, Curry & Field LLP, Gary L. Antoniewicz, Madison, WI, for Defendant. OPINION AND ORDER BARBARA B. CRABB, District Judge. With their Ford dealership, Middleton Motors, Inc., in financial distress, Dave and Bob Hudson saw Craig Miller and Steve Lindquist as the answer to their problems, not realizing how hard it would be to give up control over the dealership and accept plainti...


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