ORDER REVERSING THE DECISION OF AND REMANDING CASE TO THE COMMISSIONER C.N. CLEVERT, JR., Chief Judge. Plaintiff, Mia McMurtry, filed for Supplemental Security Income (SSI) and Disability Insurance Benefits (DIB) on March 16 and April 20, 2004, respectively. Her applications were denied initially and on reconsideration. McMurtry requested an administrative hearing, which was conducted on May 3, 2007. (Tr. 274. 1 ) McMurtry, who appeared with counsel, testified at the hearing as did vocational...
DECISION AND ORDER WILLIAM C. GRIESBACH, District Judge. Defendants Manitowoc Marine Group, LLC, d/b/a Bay Shipbuilding Co., Fincantieri Marine Group, LLC, and The Manitowoc Company, Inc., have filed a motion to dismiss four of the claims brought in the complaint filed by Plaintiffs Harley Marine Services, Inc., Harco Marine, L.L.C., and Olympic Tug & Barge, Inc. Defendants assert that three of the claims are facially inconsistent with the substance of the central claims, which allege breach...
ORDER J.P. STADTMUELLER, District Judge. On November 24, 2010, this court issued a trial scheduling order in this matter, with the goal of resolving a case that has been pending on this court's docket for nearly three years. (Docket #204). The court set a trial date of January 24, 2011, and invited the parties to submit early motions in limine. Heeding the court's invitation, on December 6, 2010, the defendant, A.O. Smith Corporation ("AOS"), filed a motion in limine ("first motion in...
DECISION AND ORDER WILLIAM C. GRIESBACH, District Judge. Plaintiff De Carlos M. Young, a state prisoner serving a sentence at the Green Bay Correctional Institution ("GBCI"), filed this pro se civil rights action pursuant to 42 U.S.C. 1983, claiming that correctional officers and staff at GBCI violated his constitutional rights by refusing to allow him to exercise outside his cell for almost an entire year. Young also claims the defendants violated his rights under the Free Exercise...
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. This Decision and Order address three motions for summary judgment that are pending in this consolidated action. The action arises from a hotel and condominium real estate development construction project located at 1150 North Water Street, in downtown Milwaukee, Wisconsin (the "Milwaukee Project" or the "Project"). There are two separate Complaints—one setting forth the damages claims (Docket No. 84) and another setting forth the...
ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION WILLIAM C. GRIESBACH, District Judge. Based on the Court's Findings of Fact and Conclusions of Law issued this day, Defendants First Quality Baby Products, LLC, and First Quality Retail Services, LLC (collectively "First Quality") are enjoined from making, using, selling or offering to sell in the United States, or importing into the United States the methods of manufacturing disposable training pants with refastenable side seams that infringe...
DECISION ON GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. # 155) C.N. CLEVERT, JR., Chief Judge. Plaintiff 1 , an inmate at the Wisconsin Resource Center (WRC), is proceeding on a Third Amended Complaint, pursuant to 28 U.S.C. 1331, 1343(a)(3) and (4), and 42 U.S.C. 1983, claiming the defendants are violating rights secured to the plaintiff by the Eighth Amendment of the United States Constitution. The Third Amended Complaint charges that the...
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiffs, Fond du Lac Bumper Exchange, Inc. and Vehimax International, LLC, American purchasers of sheet metal aftermarket auto parts ("AM Parts"), bring these, now consolidated, putative class actions alleging that defendants, Taiwanese manufacturers of such parts, and their American subsidiaries, violated Section 1 of the Sherman Anti-Trust Act by entering into an agreement to fix the prices of many AM Parts and to engage in other anti-...
ORDER J.P. STADTMUELLER, District Judge. On July 14, 2010, the plaintiff, the United States of America, filed a complaint against Dee Luebke ("Luebke"), WHPC-DWR LLC ("WHPC-DWR"), and Cardinal Capital Management Inc. ("Cardinal Capital"), in an attempt to enforce certain provisions of Title VIII of the Civil Rights Act of 1968 (the "Fair Housing Act" or "FHA" or "the Act"). (Docket # 1). On September 17, 2010, defendant Luebke filed, pursuant to Fed.R.Civ.P. 12(b)(6), a motion to dismiss the...
ORDER J.P. STADTMUELLER, District Judge. This matter comes before the court on a motion for costs and expenses, including attorneys' and experts' fees, which represents the culmination of lengthy patent litigation initiated in 2007. Plaintiff/counterdefendant M-B-W, Inc. ("M-B-W") seeks an award of litigation costs, including attorneys' and experts' fees, pursuant to 35 U.S.C. 285 and/or the inherent power of the court. M-B-W asserts that it is the "prevailing party" in the underlying...
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. On June 15, the Court granted summary judgment for one of the defendants, Atlantic Richfield Company ("ARCO"). The Court held that the imposition of liability under the "risk contribution" rule adopted by the Wisconsin Supreme Court in Thomas ex rel. Gramling v. Mallett, 285 Wis.2d 236 , 701 N.W.2d 523 (2005) would violate ARCO's substantive due process rights. Gibson v. Am. Cyanamid Co., 719 F.Supp.2d 1031 (E.D.Wis.2010). The...
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Kaloti Wholesale, Inc., d/b/a Kaloti Enterprises ("Kaloti"), a distributor of grocery products, brings this action against the United States, several federal agencies and unknown federal agents seeking damages for the destruction of some 81,000 cans of infant formula that agents seized from its warehouse. Plaintiff brings the action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2671-2680, among other provisions, and...
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. In 2006, Edward E. Gillen Company ("Gillen") was hired to design and install an earth retention system ("ERS"), the purpose of which was to stabilize the ground to enable the construction of a new school building for the Latin School of Chicago. On May 2, 2006, an adjacent property owner sustained damage and the project was delayed, ultimately resulting in an adverse arbitration award being entered against Gillen in the amount of $2,163,...
OPINION and ORDER BARBARA B. CRABB, District Judge. In this case for monetary and injunctive relief, plaintiffs EMD Crop Bioscience, Inc. and EMD Crop Bioscience Canada Inc. contend that defendant Becker Underwood, Inc. is infringing plaintiffs' United States Patent No. 6,979,664 (the '664 patent) and defendant is liable for false marking of its products under 35 U.S.C. 292. Now before the court is defendant's motion to dismiss the infringement claim for lack of standing under Fed. R.Civ.P....
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Ricky T. Daniels brings this action against defendant, The Equitable Bank, S.S.B. ("Equitable"), and others alleging that Equitable violated the Truth in Lending Act ("TILA"), 15 U.S.C. 1601 et. seq., and implementing Federal Reserve Board Regulation Z, 12 C.F.R. part 226, by failing to "clearly and conspicuously disclose" to plaintiff that he had a right to rescind his mortgage within three business days of signing the mortgage...
ORDER J.P. STADTMUELLER, District Judge. On July 1, 2010, the plaintiff, Mirbeau of Geneva Lake LLC ("Mirbeau"), filed its Second Amended Complaint that, in relevant part, added defendants (collectively "non-city defendants") Lower Density Development, LLC, ("LDD"), Thomas Muenster ("Muenster"), James Connors ("Connors"), and Richard Malmin ("Malmin") as parties to the action. (Docket # 77). A bevy of motions soon followed. On August 5, 2010, the plaintiff filed a motion for default judgment...
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff American Orthodontics Corporation brings this diversity action against defendant Epicor Software Corporation, alleging claims for breach of contract, deceptive trade practices, and promissory estoppel. Before me now are defendant's motion to dismiss the latter two claims pursuant to Federal Rule of Civil Procedure 12(b)(6) and defendant's motion to strike plaintiff's demand for costs and attorneys' fees pursuant to Federal Rule of...
OPINION AND ORDER STEPHEN L. CROCKER, United States Magistrate Judge. This is a civil suit for money damages brought by plaintiff Linda Schultz against her former employer, the Department of Workforce Development. Plaintiff contends that while she was employed by the Department, she was paid less than men who were performing work equal to hers in terms of skill, effort and responsibility, in violation of the Equal Pay Act, 29 U.S.C. 206(d). Before the court are defendant's motion for...
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. The debtor-appellant, Julie Marie Palmer ("Palmer"), owns and operates a boat marina business called Action Marine, Inc. Palmer appeals the bankruptcy court's denial of her motion to extend the automatic stay in her second small business chapter 11 case. For the reasons that follow, the bankruptcy court's decision is affirmed. On April 9, 2009, Palmer filed her first chapter 11 small business debtor case, No. 09-24622-jes (Bankr.E.D.Wis.)...
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. This patent action is before the Court on the Civil Local Rule 7(h) expedited nondispositive motion 1 of Bayer Healthcare LLC ("Bayer") to strike the expert reports of Stephen R. Byrn ("Byrn") and Laurel J. Gershwin ("Gershwin") and the amended interrogatory responses of Norbrook Laboratories, Ltd., and Norbrook, Inc. USA (collectively "Norbrook"). Bayer asserts that this Court should preclude Norbrook from asserting defenses that...
