OPINION and ORDER BARBARA B. CRABB, District Judge. The question in this case is whether defendant Menard, Inc. fired plaintiff Marvin Prochaska from his job as vice president of real estate because of plaintiff's age, in violation of the Age Discrimination in Employment Act. 29 U.S.C. 623. Defendant has filed a motion for summary judgment under Fed.R.Civ.P. 56, in which it argues that no reasonable jury could find in plaintiff's favor. Dkt. #39. In the alternative, it argues that plaintiff'...
DECISION AND ORDER LYNN ADELMAN District Judge. The plaintiff, Collegians for a Constructive Tomorrow—Madison ("CFACT"), is a student organization at the University of Wisconsin-Madison. 1 It alleges that its members have been deprived of their rights under the First Amendment by the university's system for distributing campus student-activity fees. 2 Before me now are the parties' cross-motions for summary judgment, as well as CFACT's two motions to strike certain evidence from the...
DECISION AND ORDER WILLIAM E. CALLAHAN, JR., United States Magistrate Judge. I. NATURE OF THE CASE On August 3, 2010, Patrice Mandella ("Mandella" or "claimant") commenced this action, seeking judicial review of the Commissioner's final decision denying her benefits pursuant to 42 U.S.C. 405(g). The parties have consented to United States magistrate judge jurisdiction pursuant to 28 U.S.C. 636(c) and General L.R. 73 (E.D.Wis.). II. PROCEDURAL HISTORY Mandella applied for...
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S 12(c) MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 10) C.N. CLEVERT, JR., Chief Judge. Daniel R. Roath and Mary A. Roath ("Roaths") brought suit against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346(b), to recover costs for property damage. The United States seeks judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c), 1 (Doc. 10), asserting it is not subject to liability because the alleged...
ORDER DENYING THE GOVERNMENT'S REQUEST FOR RESTITUTION (DOC. #25) C.N. CLEVERT, JR., Chief Judge. On August 27, 2010, the court held a sentencing hearing and defendant pleaded to and was adjudged guilty of Trafficking in Counterfeit Goods/Services in violation of 18 U.S.C. 2320(a) and 2. Judgment was entered on September 3, 2010. Defendant was sentenced to 3 years of supervised release with the first 60 days served on home confinement. At the sentencing hearing the court reserved the issue...
MEMORANDUM OF LAW SUPPORTING THE COURT'S SEPTEMBER 30, 2011, ORDER GRANTING DEFENDANT ST. FRANCIS SCHOOL DISTRICT'S AND INTERVENOR-DEFENDANT COMMUNITY INSURANCE CORPORATION'S MOTIONS FOR SUMMARY JUDGMENT (DOCS. 63, 68) C.N. CLEVERT, JR., Chief Judge. On September 30, 2011, this court granted two motions for summary judgment filed by the St. Francis School District and Community Insurance Corporation ("CIC") seeking dismissal of the plaintiffs' remaining claims against St. Francis and CIC, and...
STIPULATION OF DISMISSAL AND ORDER OF DISMISSAL BARBARA B. CRABB, District Judge. WHEREAS this action is a putative shareholder class action brought by Plaintiffs on behalf of themselves and a proposed class of certain former public shareholders of Renaissance Learning, Inc.; and WHEREAS federal jurisdiction originally rested on asserted violations of Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. 78n(a), and Rule 14a-9 promulgated thereunder, 17 C.F.R. 240.14a-9; and...
DECISION AND ORDER LYNN ADELMAN, District Judge. John Crushers International, Inc. and Astec Industries, Inc. (together, "JCI") claim that Metso Minerals Industries, Inc. and Metso Minerals (France) S.A. (together "Metso") have infringed U.S. Patent No. 6,032,886 (the "'886 patent"). The present opinion contains my claim construction. I also address Metso's motion for summary judgment of non-infringement and invalidity. I. BACKGROUND The invention relates to cone-type rock crushers, which...
DECISION AND ORDER PATRICIA J. GORENCE, United States Magistrate Judge. On November 21, 2007, the plaintiffs, Marlenea and Erica Jackson, filed suit against McKay-Davis Funeral Home, Inc. (McKay-Davis), Suhor Industries (Suhor), Oklahoma Wilbert Vaults (Wilbert Vaults), and DHL Air Express, S.A. (DHL). The plaintiffs alleged causes of action for breach of fiduciary duty, negligent handling of human remains, and negligent infliction of emotional distress stemming from the loss of the cremated...
DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (DOC. #11), GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. # 38), AND SETTING SCHEDULING CONFERENCE C.N. CLEVERT, JR., Chief Judge. Plaintiffs, Edgewood Manor Apartment Homes LLC (Edgewood Manor) and Southland Management Corporation (Southland), filed this lawsuit against defendant, RSUI Indemnity Company, asserting that (1) RSUI has denied its obligation to reimburse it for repairs,...
ORDER J.P. STADTMUELLER, District Judge. On June 17, 2011, plaintiff Bear Development, LLC ("Bear") filed a Motion for Partial Summary Judgment (Docket # 14). 1 The motion requests judgment only on Bear's first claim: breach of contract. At issue is a contract between Bear and defendants City of Kenosha ("City") and Redevelopment Authority of the City of Kenosha ("Redevelopment Authority," collectively, "Kenosha"). In short, that contract required Bear to enter into another agreement with...
DECISION AND ORDER DENYING PLAINTIFF'S SECOND MOTION FOR PRELIMINARY INJUNCTION WILLIAM E. CALLAHAN, JR., United States Magistrate Judge. I. PROCEDURAL BACKGROUND On April 25, 2008, 2008 WL 1902010, this court granted the defendant's, American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. ("ASHRAE"), motion to dismiss the original complaint in this action and denied the plaintiff's first motion for preliminary judgment. Thereafter, on May 9, 2008, the plaintiff,...
ORDER ADOPTING MAGISTRATE JUDGE JOSEPH'S RECOMMENDATION (DOC. # 27) AND DENYING DEFENDANT'S MOTION TO DISMISS INDICTMENT FOR ITS TECHNICAL INSUFFICIENCY, OR IN THE ALTERNATIVE, FOR A BILL OF PARTICULARS (DOC. #15); DENYING DEFENDANT'S MOTION TO DISMISS INDICTMENT UPON SUBSTANTIVE FIRST AMENDMENT GROUNDS (DOC. # 14); AND GRANTING IN PART AND DENYING IN PART MOTION TO SUPPRESS EVIDENCE OBTAINED IN VIOLATION OF THE FOURTH AMENDMENT (DOC. # 16) C.N. CLEVERT, JR., Chief Judge. The defendant,...
DECISION AND ORDER REMANDING CASE FOR AWARD OF BENEFITS C.N. CLEVERT, JR., Chief Judge. The Social Security claim at issue in this case was filed sixteen years ago and involves an alleged disability occurring no later than December 31, 1973, almost forty years ago. This is the third time plaintiff Larry Freeman's claim for Disability Insurance Benefits (DIB) has been appealed to a district judge in the Eastern District of Wisconsin. Freeman, who is now seventy years old, claims that he is...
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. The Plaintiff, Charles G. Hatchett ("Hatchett"), a resident of Walworth County, Wisconsin, brings this civil action for declaratory and injunctive relief arising under the First and Fourteen Amendments to the United States Constitution. By this action, Hatchett challenges the constitutionality of the registration, record-keeping, reporting, and disclosure requirements imposed on individuals by Wisconsin's election law scheme contending that...
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Terrance Edwards, a Wisconsin state prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. 1983. He alleges that he is not receiving adequate medical treatment for his vitiligo, a condition that causes skin depigmentation, and that therefore he is being subjected to cruel and unusual punishment in violation of the Eighth Amendment. Defendants have moved for summary judgment on the ground that plaintiff failed to...
DECISION AND ORDER LYNN ADELMAN, District Judge. This action arises out of the collapse of an office building in Paris, France. Right Management, a subsidiary of Manpower, Inc., leased office space in the building at the time of the collapse, and Manpower seeks insurance coverage from the Insurance Company of the State of Pennsylvania ("ISOP") for the losses Right Management sustained. In the present opinion, I address an issue involving the interplay between ISOP's policy and a policy...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION WILLIAM C. GRIESBACH, District Judge. I. Procedural History 1. On January 18, 2011, Plaintiff Graphic Design Marketing, Inc., ("GDM") filed this action for copyright infringement, trafficking in counterfeit labels, trade dress infringement, and unfair competition against Defendants Xtreme Enterprises, Inc. ("Xtreme") and Lawrence E. Johnson ("Johnson") alleging that Defendants were making, marketing,...
ORDER J.P. STADTMUELLER, District Judge. On January 19, 2011, a federal grand jury issued a two count indictment against the defendant, Luis G. Delgado ("Delgado"). (Docket # 1). At the first count, the indictment charged that on or about December 29, 2010, Mr. Delgado violated 18 U.S.C. 922(g)(1) and 924(a)(2), which collectively make it unlawful for a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess any firearm or ammunition....
OPINION and ORDER WILLIAM M. CONLEY, District Judge. In this putative class action, plaintiffs Carol Chesemore, Daniel Donkle, Thomas Gieck, Martin Robbins and Nannette Stoflet were long-term employees of Trachte Building Systems, Inc. ("Trachte") and remain participants in the company's Employee Stock Ownership Plan and Trust ("TBS ESOP" or "the Plan"). Plaintiffs allege that defendants Alliance Holdings, Inc. ("Alliance"), A.H.I., Inc., David B. Fenkell, Stephen Pagelow, Pamela Klute,...
