ORDER WILLIAM M. CONLEY , District Judge . The court having provided plaintiff until November 15, 2017, to show cause why this case should not be dismissed for failure to prosecute and having heard nothing, IT IS HEREBY ORDERED that the above case is DISMISSED with prejudice. The clerk of court is directed to enter judgment and close this case.
REPORT AND RECOMMENDATION ON DEFENDANT'S CHANGE OF PLEA DAVID E. JONES , Magistrate Judge . The United States of America and the defendant, Trimaine D. Jones, appeared before me on December 11, 2017, for a change of plea colloquy pursuant to Rule 11 of the Federal Rules of Criminal Procedure. See Court Minutes for Change of Plea Hearing, ECF No. 21. Both parties consented to my conducting the change of plea colloquy. I explained that it would be for United States District Judge J.P....
REPORT AND RECOMMENDATION ON DEFENDANT'S CHANGE OF PLEA DAVID E. JONES , Magistrate Judge . The United States of America and the defendant, Terrell Long, III, appeared before me on December 6, 2017, for a change of plea colloquy pursuant to Rule 11 of the Federal Rules of Criminal Procedure. See Court Minutes for Change of Plea Hearing, ECF No. 16. Both parties consented to my conducting the change of plea colloquy. I explained that it would be for United States District Judge J.P....
REPORT AND RECOMMENDATION NANCY JOSEPH , Magistrate Judge . The United States of America and the defendant, Kenneth Swock, appeared before me pursuant to Federal Rule of Criminal Procedure 11. Swock entered a plea of guilty to Count One of the Indictment. After cautioning and examining Swock under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowing and voluntary, and that the offense charged is supported by an independent factual basis...
DECISION AND ORDER WILLIAM C. GRIESBACH , Chief District Judge . Plaintiff Lillian Hermes filed this action challenging the decision of the Acting Commissioner of Social Security denying her applications for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. She contends that the decision is not supported by substantial evidence. In particular, she asserts that the Administrative Law Judge (ALJ) failed to fully develop the...
OPINION & ORDER JAMES D. PETERSON , District Judge . Plaintiff Joshua Milligan was assaulted while attending "Rock on the River," a music festival in Bridgeport, Wisconsin. Milligan contends that each of the defendants was involved in operating the festival and that each may be held liable for failing to prevent or stop the assault. Milligan raises claims under Wisconsin's common law of negligence and Wis. Stat. 101.11, the safe-place statute. Defendants filed a third-party complaint...
OPINION AND ORDER BARBARA B. CRABB , District Judge . This is an action for trademark infringement and unfair competition, brought under the Lanham Act, 15 U.S.C. 1051-1121. Plaintiff National Council of the United States Society of St. Vincent de Paul, Inc., which is a Catholic charitable organization dedicated to raising money for the poor, contends that defendant St. Vincent de Paul Community Center of Portage County, Inc. has used plaintiff's trademarks and service marks illegally....
OPINION & ORDER JAMES D. PETERSON , District Judge . Pro se plaintiff Tyrone D. Ards, a state prisoner now incarcerated at the Wisconsin Secure Program Facility (WSPF), is proceeding against correctional officers at his previous prison, the Columbia Correctional Institution (CCI). The case arises from an incident in which Ards apparently attempted to hang himself in the restrictive housing unit at CCI. Despite the fact that Ards was on suicide watch, he was given a bed sheet, with which...
OPINION & ORDER JAMES D. PETERSON , District Judge . Plaintiff Frederick Schneider brought this lawsuit after he was arrested for displaying signs and flags on a highway overpass in Campbell, Wisconsin. Schneider asserted numerous claims under federal and state law against the Town of Campbell, La Crosse County, and several law enforcement officers, but the court dismissed all but one claim at summary judgment. Dkt. 85. Schneider's remaining claim is that the ordinance under which he was...
ORDER J.P. STADTMUELLER , District Judge . Plaintiff, who is incarcerated at Waupun Correctional Institution, filed a pro se complaint under 42 U.S.C. 1983, alleging that her civil rights were violated. (Docket #1). The Court screened Plaintiff's complaint and allowed her to proceed on two Eighth Amendment claims against Defendants Dr. Craig Blumer ("Dr. Blumer"), Darryl Franklin ("Franklin"), Edward Kremer ("Kremer"), Lindsay Danforth ("Danforth"), Jennifer Srnka ("Srnka"), John...
ORDER J.P. STADTMUELLER , District Judge . On December 28, 2017, the parties filed a joint stipulation of dismissal of this action with prejudice and without costs assessed to either party. (Docket #14). The Court herewith adopts that notice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly, IT IS ORDERED that the parties' stipulation of dismissal (Docket #14) be and the same is hereby ADOPTED; this action be and the same is hereby DISMISSED with prejudice and without costs.
DECISION AND ORDER WILLIAM C. GRIESBACH , Chief District Judge . Plaintiff, Rickey Kanter, filed the instant action against defendants Jefferson Sessions and Brad Schimel, in their capacities as Attorney General for the United States and the State of Wisconsin, respectively, challenging the statutes that prohibit felons from possessing firearms, 18 U.S.C. 922(g)(1) and Wis. Stat. 941.29. He asserts that these statutes, as applied to him, an individual convicted of felony mail fraud,...
ORDER J.P. STADTMUELLER , District Judge . On December 29, 2017, the parties filed joint stipulations of dismissal of this action as between Plaintiff and each of the Defendants. (Docket #212 and #213). Both stipulations provide that this action should be dismissed with prejudice and without costs or fees assessed to any party. Id. The Court will adopt the stipulations. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly, IT IS ORDERED that the parties' joint stipulations of dismissal (...
ORDER J.P. Stadtmueller , U.S. District Court . This is a patent case about lithium-ion batteries used in power tools. The case was tried to a jury in October 2017. The jury rendered a verdict in favor of Plaintiffs and awarded nearly $28 million in damages. Before the Court are the parties' post-trial motions. For the reasons stated below, the Court will deny post-trial relief to Defendant Snap-On Incorporated ("Snap-On"), deny Plaintiffs' motion for enhanced damages, and grant in part...
OPINION & ORDER JAMES D. PETERSON , District Judge . Plaintiff Brooks Goplin was a satellite/cable technician for defendant WeConnect, Inc. In this proposed class action, Goplin contends that WeConnect failed to pay him for some of the time he spent working and altered his time records to deprive him of regular and overtime wages, in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-19, and Wisconsin wage and hour laws. Dkt. 1. WeConnect moves to dismiss the case in favor...
ORDER PETER OPPENEER , Magistrate Judge . Plaintiff William N. Ledford, a prisoner in the custody of the Wisconsin Department of Corrections, has submitted a proposed civil action under 42 U.S.C. 1983. Plaintiff has filed a certified copy of a trust fund account statement in support of the motion for leave to proceed without prepaying the fee. After considering the motion and supporting documentation, the court concludes that plaintiff qualifies for indigent status. Even when a prisoner...
ORDER JAMES D. PETERSON , District Judge . Less than a month after I granted pro se plaintiff Demetrius L. Cooper leave to proceed on deliberate indifference, conditions-of-confinement, and retaliation claims against defendant Waupun Correctional Institution officials, Cooper moved for summary judgment against defendant Kyle Tritt. Dkt. 20. The magistrate judge stayed briefing on Cooper's motion until a new briefing schedule could be set at the preliminary pretrial conference. Dkt. 46. In...
ORDER BARBARA B. CRABB , District Judge . In this case brought under the Fair Labor Standards Act, 28 U.S.C. 216, plaintiffs Anthony Boutell, Brian Stout, Shane Morn and Roger Anderson have moved for conditional certification of a class of all hourly jobsite employees who worked for the defendant Craftmaster Painting, LLC, during the time period of April 28, 2014 to the present. Dkt. #17. Defendant does not oppose conditional certification. Dkt. #24. After reviewing plaintiffs' brief in...
OPINION AND ORDER BARBARA B. CRABB , District Judge . In these three consolidated cases, pro se plaintiff Patricia Williams is suing the Wisconsin Department of Workforce Development and several of its employees for discriminating and retaliating against her in various ways. Now before the court are several motions filed by plaintiff regarding discovery. Dkt. ##31, 32, 33, 37. (Citations are to docket numbers in case number 17-cv-253-bbc, unless otherwise specified.) I am denying all of...
OPINION AND ORDER BARBARA B. CRABB , District Judge . Pro se plaintiff and prisoner Jermichael Carroll is proceeding on Eighth Amendment claims against defendants employed at the Columbia Correctional Institution, based on allegations that he was forced to sleep on a "deplorable" mattress on a concrete floor. Now before the court is defendants' motion for summary judgment for plaintiff's alleged failure to exhaust his administrative remedies before filing suit. Dkt. #22. For the reasons...
