DECISION AND ORDER LYNN ADELMAN, District Judge. The Federal National Mortgage Association ("Fannie Mae" or "Fannie") appeals from an order of the bankruptcy court denying its motion for relief from the automatic stay, its motion to have certain property excluded from the debtor's bankruptcy estate, and its motion to dismiss the debtor's Chapter 11 case. See Bankr.Ct. Order of May 29, 2012. 1 The denial of relief from the automatic stay is a ruling that is appealable as of right. See In...
CONSENT JUDGMENT, PERMANENT INJUNCTION, AND ORDER WILLIAM M. CONLEY, District Judge. This matter, having come before the Court for consideration upon the Complaint of Plaintiffs, Milwaukee Electric Tool Corporation, Techtronic Power Tools Technology Limited, One World Technologies, Inc., Techtronic Industries Company Limited., and A&M Industries S.a.r.l. (collectively, "Plaintiffs") and Defendants, Audiovox Corporation, Audiovox Accessories Corporation, Batteries.com, LLC ("Batteries.com"),...
DECISION AND ORDER LYNN ADELMAN, District Judge. The government charged defendant Donaven Jackson with possessing ammunition as a felon, contrary to 18 U.S.C. 922(g)(1). Defendant moved to suppress evidence seized from his home pursuant to a consent search and from his cell phone pursuant to a search warrant. He argued that his ex-girlfriend lacked authority to admit the police into his home and that the warrant did not authorize a search of the contents of his phone. A magistrate judge...
STIPULATION FOR ENTRY OF CONSENT JUDGMENT AND ORDER WILLIAM M. CONLEY, Chief District Judge. Plaintiff United States of America, on behalf of Hilda L. Solis, Secretary of Labor, (hereinafter "United States"), by John W. Vaudreuil, United States Attorney for the Western District of Wisconsin, by Leslie K. Herje, Assistant United States Attorney for that district, Plaintiff-Intervenor Larry Bricco, by Paul O. Taylor, and Defendants JHT Logistics, Inc. and ACT Carriers LLC, by Brittany S. Ogden,...
DECISION AND ORDER DENYING [601] SUMMARY JUDGMENT WILLIAM C. GRIESBACH, Chief Judge. Plaintiffs Kimberly-Clark Worldwide, Inc., and Kimberly-Clark Global Sales, LLC (K-C) sued Defendants First Quality Baby Products, LLC, First Quality Retail Services, LLC, and First Quality Consumer Products, LLC (First Quality) for infringement of various K-C patents related to disposable absorbent training pants and the process used to manufacture and assemble these training pant products. Before me now is...
ORDER J.P. STADTMUELLER, District Judge. 1. BACKGROUND In connection with a commercial equipment lease, Plaintiff U.S. Bancorp Equipment Finance, Inc. (now known as U.S. Bank National Association) ("U.S. Bank") filed a complaint against Defendants Ideal Manufacturing Solutions, Inc. ("Ideal Inc."), Ideal Manufacturing One, LLC ("Ideal LLC"), Christina Stimac ("Mrs. Stimac") and Mark Stimac ("Mr. Stimac" and, together with Mrs. Stimac, the "Stimacs") (collectively, the "Defendants"), 1...
DECISION AND ORDER ON THE PROPRIETY OF THE REMEDY WILLIAM C. GRIESBACH, Chief Judge. In this CERCLA enforcement action, the United States and State of Wisconsin have moved for summary judgment on the question of the propriety of the remedy they imposed in a Unilateral Administrative Order issued with respect to the Lower Fox River Superfund site. This Court has already ruled that the administrative record pertaining to the remedy is sufficient to allow the deferential review required by...
DECISION AND ORDER LYNN ADELMAN, District Judge. In this diversity case, James Michael Leasing Company, LLC ("James Michael Leasing") alleges that PACCAR, Inc., d/b/a Kenworth Truck Company ("PACCAR") violated Wisconsin's lemon law, Wis. Stat. 218.0171. In August 2007, James Michael Leasing purchased a Kenworth semitruck manufactured by PACCAR from PACCAR's dealer in Milwaukee. The parties agree that the truck was a "lemon" and that the lemon law entitled James Michael Leasing to return...
DECISION AND ORDER RUDOLPH T. RANDA, District Judge. The above-captioned appeals arise out of Chapter 11 bankruptcy proceedings for the Archdiocese of Milwaukee. Also before the Court is the Archdiocese's motion for the district court to withdraw the reference to the bankruptcy court for purposes of claim allowance and disallowance. The underlying claims generally allege that the Archdiocese knowingly permitted pedophile priests to serve in the claimants' respective parishes without warning...
STIPULATED CONFIDENTIALITY ORDER STEPHEN L. CROCKER, Magistrate Judge. To expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, protect adequately material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, it is, pursuant to the Court's authority under Fed. R. Civ. P. 26(c) and with the consent of the parties, ORDERED: 1. Definitions . 1.1 "Party" is any natural person or any business,...
DECISION AND ORDER GRANTING FIRST QUALITY'S MOTION FOR SUMMARY JUDGMENT ON '119 PATENT WILLIAM C. GRIESBACH, District Judge. Plaintiffs Kimberly-Clark Worldwide, Inc. and Kimberly-Clark Global Sales, LLC (K-C) sued Defendants First Quality Baby Products, LLC, First Quality Retail Services, LLC, and First Quality Consumer Products, LLC (First Quality) for infringement of various K-C patents related to disposable absorbent training pants and the process used to manufacture and assemble these...
DECISION AND ORDER GRANTING FIRST QUALITY'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF CLAIMS 8-10 OF THE '067 PATENT WILLIAM C. GRIESBACH, District Judge. Plaintiffs Kimberly-Clark Worldwide, Inc. and Kimberly-Clark Global Sales, LLC (K-C) sued Defendants First Quality Baby Products, LLC, First Quality Retail Services, LLC, and First Quality Consumer Products, LLC (First Quality) for infringement of various K-C patents related to disposable absorbent training pants and the process used to...
DECISION AND ORDER WILLIAM C. GRIESBACH, District Judge. In this CERCLA contribution action, Plaintiffs have moved for summary judgment on the Defendants' state law counterclaims, arguing (primarily) that such claims are preempted by CERCLA. Plaintiff Appleton Papers Inc. ("API") has also moved for summary judgment on the CERCLA counterclaims brought against it. Finally, API has moved for leave to file an eighth amended complaint. For the reasons given below, the motions will be granted....
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND GRANTING MOTION TO DISMISS WILLIAM C. GRIESBACH, District Judge. This case represents another battle in the ongoing conflict between the Oneida Tribe of Indians of Wisconsin and the Village of Hobart over the regulatory control of the land situated within their common boundaries. Plaintiff Oneida Tribe of Indians of Wisconsin (the Tribe) filed this action on February 19, 2010, seeking a declaratory judgment that the Village of Hobart (the Village)...
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff Karen Hunt applied for disability insurance benefits and supplemental security income, claiming that she could no longer work due to mental health problems. 1 (Tr. at 235, 238.) Denied initially (Tr. at 164-65, 188-91) and on reconsideration (Tr. at 166-67, 184-87, 192-95), plaintiff requested a hearing before an Administrative Law Judge ("ALJ") (Tr. at 196), but the ALJ likewise found plaintiff not disabled and denied her...
DECISION AND ORDER LYNN ADELMAN, District Judge. Before me now are two bankruptcy adversary proceedings in which the plaintiffs allege that Aurora Health Care, Inc., ("Aurora") violated a Wisconsin statute prohibiting the unauthorized release of health-care records, Wis. Stat. 146.82. The plaintiffs' claims are in federal court because Aurora made the allegedly unauthorized releases when it filed its proofs of claim in the plaintiffs' bankruptcy cases. Before being assigned to me, the two...
DECISION AND ORDER LYNN ADELMAN, District Judge. Plaintiff, Marleen M. LaPlant, the holder of an annuity insurance policy issued by defendant, Northwestern Mutual Life Insurance Company, brought an action in state court on behalf of a class of Wisconsin policyholders and, after a two week court trial, prevailed. Subsequently, plaintiff moved to expand the class to include policyholders from other states at which point defendant removed the case under the Class Action Fairness Act ("CAFA"),...
DECISION AND ORDER LYNN ADELMAN, District Judge. On February 14, 2012, the government filed an indictment charging defendant Arthur Jenkins with fourteen counts of theft of property of the United States, contrary to 18 U.S.C. 641. Specifically, the indictment alleged that on fourteen separate dates between August 3, 2010, and September 2, 2011, defendant "stole and converted to his own use and the use of another property belonging to the United States, namely Social Security retirement...
ORDER J.P. STADTMUELLER, District Judge. On November 22, 2011, appellant WOW Logistics Company ("WOW") appealed a decision by the United States Bankruptcy Court for the Eastern District of Wisconsin. After trial, the bankruptcy court entered judgment against WOW and in favor of appellee Pro-Pac, Inc. ("Pro-Pac"), finding that WOW aided and abetted a former Pro-Pac employee's breach of the duty of loyalty. The bankruptcy court made a post-trial amendment of the pleadings and awarded Pro-Pac...
ORDER STEPHEN L. CROCKER, Magistrate Judge. Plaintiff Jeffrey Davis, a prisoner at the Wisconsin Resource Center in Winnebago, Wisconsin has submitted a proposed complaint under 42 U.S.C. 1983. Because plaintiff is a prisoner, he is subject to the 1996 Prisoner Litigation Reform Act. This means that before this court may decide whether he can proceed with his complaint in forma pauperis , plaintiff will have to make an initial partial payment of the filing fee. In determining whether a...
