NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT STEPHEN L. CROCKER , Magistrate Judge . Jeffrey Brill, the plaintiff herein, by his attorney Joel Winnig, appeals to the United States Court of Appeals for the Seventh Circuit from judgment dated December 16, 2015 entered in favor of defendant Trans Union LLC, which judgment granted defendant's motion to dismiss and closed the case. The judgment was based on an order granting defendant's motion to dismiss dated...
OPINION AND ORDER WILLIAM M. CONLEY , District Judge . Before the court is defendant Apple, Inc.'s statement of requested redactions. In the filing, Apple seeks to seal portions of the trial transcript disclosing specific financial information (e.g., prices, margin percentages, patent licensing fees, both on a total and per unit basis). (Dkt. # 701.) For the reasons provided in the court's earlier order granting Apple's motion to seal certain trial exhibits (dkt. #654), the court finds...
DECISION AND ORDER LYNN ADELMAN , District Judge . Plaintiffs in this consolidated action, which includes both direct and indirect purchasers of aftermarket sheet metal, allege that defendants violated the Sherman Act as well as various state antitrust and unfair competition laws. Before me now is a motion by defendant Jui Li Enterprise Company ("Jui Li"), a Taiwanese manufacturer of aftermarket sheet metal, to recuse myself. I. Background In 2009, direct purchasers of aftermarket sheet...
ORDER WILLIAM M. CONLEY , District Judge . Consistent with the court's rulings during yesterday's telephonic hearing with counsel for the parties, defendants' motion for sanctions and disqualification of Jenner & Block, LLP (dkt. # 330) is GRANTED IN PART AND DENIED IN PART as set forth in the order below. BACKGROUND The TCS defendants' cooperation in discovery in this case has been far below the standard expected by this court and the Rules of Civil Procedure, in terms of timeliness,...
OPINION AND ORDER BARBARA B. CRABB , District Judge . Plaintiff Equal Employment Opportunity Commission has filed this civil action against defendant Flambeau, Inc., alleging a violation of the Americans with Disabilities Act. Specifically, plaintiff contends that defendant violated 42 U.S.C. 12112(d)(4)(A), which generally prohibits employers from requiring their employees to submit to medical examinations, by conditioning participation in its employee health insurance plan on...
OPINION & ORDER WILLIAM M. CONLEY , District Judge . In this patent infringement action, plaintiff Split Pivot, Inc., alleged that defendant Trek Bicycle Corporation ("Trek") had infringed its U.S. Patent Nos. 7,717,212 and 8,002,301. Following cross-motions for summary judgment, the court granted Trek judgment for non-infringement as a matter of law on the undisputed facts. Split Pivot, Inc. v. Trek Bicycle Corp., 987 F.Supp.2d 838 (W.D.Wis.2013). The Federal Circuit affirmed this...
DECISION AND ORDER ON PLAINTIFF'S AND DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT NANCY JOSEPH , Magistrate Judge . On February 3, 2015, RMS of Wisconsin, Inc., was granted leave to file a third amended complaint against Shea-Kiewit Joint Venture and J.F. Shea Construction, Inc. (collectively the "defendants"). (Docket # 67.) In the third amended complaint, RMS, a subcontractor who is a certified by the City of Indianapolis as a minority and/or women owned business, alleges fraud in...
ORDER JAMES D. PETERSON , District Judge . I am disqualifying myself in this case pursuant to 28 U.S.C. 455.
ORDER BARBARA B. CRABB , District Judge . Plaintiffs Brian Eggen and Mary Eggen have filed an unopposed motion for class certification in this case in which plaintiffs contend that defendant WESTconsin Credit Union violated the Driver's Privacy Protection Act (18 U.S.C. 2721-2725) and the common law of nuisance by disclosing plaintiffs' unredacted driver's license numbers in complaints filed in delinquency actions in small claims court. Plaintiffs seek to represent the following class: "...
ORDER BARBARA B. CRABB , District Judge . Defendant Rodney Raines has filed a notice of appeal of the court's October 16, 2015 order denying his motion to correct an error in the record. Defendant filed his motion because he had been told at the institution in which he was housed that the Bureau of Prisons had no record of his resentencing on May 2, 2003. A review of the record showed that defendant was sentenced for the first time in this court on April 11, 2002; he was resentenced on May...
ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS WILLIAM C. GRIESBACH , Chief District Judge . Plaintiff filed a single-count complaint alleging Defendants Kohn Law Firm S.C. and Attorney David A. Ambrosh of the Kohn firm violated the Fair Debt Collection Practices Act (FDCPA) by mailing a copy of a pleading in a state court case directly to Plaintiff rather than to Plaintiff's counsel. Defendants have moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c),...
ORDER PETER OPPENEER , Magistrate Judge . Plaintiff Christopher Jones, 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 BARBARA B. CRABB , District Judge . On November 30, 2015, this court denied a motion for post conviction relief under 28 U.S.C. 2255 filed by petitioner Kenneth Smith, finding that he had failed to show that the statute under which he was convicted, 28 U.S.C. 2251(a), is unconstitutional. In his original motion, petitioner asserted that his conviction and sentence should be vacated because the government does not have the jurisdiction to regulate acts of intrastate violence and...
MR. JUSTICE MILLER delivered the opinion of the court. This is an action on bonds and interest coupons thereto attached, signed by the trustees of Brown township, payable to the Springfield, Mt. Vernon and Pittsburgh Railroad Company, or its assigns, on the first day of October, 1871, and dated April 20th, 1853. The plaintiff says she is the owner and holder of the bonds and coupons, and in explanation of her title alleges that "after execution and delivery of said note to said railroad...
ORDER WILLIAM E. DUFFIN , Magistrate Judge . In August 2015 pro se plaintiff Timothy Felix filed a complaint alleging that defendant State of Wisconsin Unemployment Insurance Division (the Division) wrongfully refused to pay him unemployment benefits. (ECF No. 1.) On October 30, 2015, the Division moved to dismiss the complaint. (ECF No. 13.) In accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73(b), the parties have consented to the full jurisdiction of a magistrate judge. (ECF Nos....
ORDER PETER OPPENEER , Magistrate Judge . Plaintiffs John Kuslits and Dennis Hess, prisoners in the custody of the Wisconsin Department of Corrections, have submitted a proposed civil action under 42 U.S.C. 1983. Although plaintiffs have joined their claims in one complaint, each is bringing an action subject to the Prisoner Litigation Reform Act (PLRA), and will be obligated to pay the full fee for filing the action. Boriboune v. Berge, 381 F.3d 852, 856 (7th Cir. 2004). For this case...
ORDER PETER OPPENEER , Magistrate Judge . Plaintiff Tracy Anderson has submitted a certified inmate trust fund account statement for the six month period preceding the complaint in support of the pending motion to proceed without prepayment of the filing fee. Accordingly, the court must determine whether plaintiff qualifies for indigent status and, if so, calculate an initial partial payment of the $350.00 fee for filing this case. Even when a prisoner litigant qualifies for indigent...
OPINION & ORDER JAMES D. PETERSON , District Judge . My Health, Inc. alleges that General Electric Company infringes its federally registered trademark, MY HEALTH. (The court will use all capitals to refer to the mark and "My Health" to refer to the plaintiff.) My Health uses MY HEALTH in connection with its patient monitoring software and related services. GE uses MYHEALTH on a section of its website that provides health and benefits information to GE employees. As it must to state a...
ORDER GRANTING CLAIMANT'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (DKT. NO. 2) PAMELA PEPPER , District Judge . On December 4, 2015, Hollee Usadel, by her attorney, Howard D. Olinsky, filed a complaint for review of the final decision of the commissioner of the Social Security Administration. Dkt. No. 1. She also filed a motion to proceed in forma pauperis. Dkt. No. 2. A district court may authorize a claimant to proceed in forma pauperis — meaning that she does not have to...
ORDER J.P. STADTMUELLER , District Judge . Emilio Padilla filed a petition for a writ of habeas corpus on July 6, 2015. (Docket #1). The Court screened that petition and allowed it to proceed. (Docket #8). In doing so, the Court ordered the respondent (whom the Court will hereinafter refer to as "the State") to file either an answer or a motion seeking dismissal within 30 days. (Docket #8). The State chose the latter option, filing a motion to dismiss Mr. Padilla's petition as untimely...
