REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIAM E. DUFFIN , Magistrate Judge . The Honorable J.P. Stadtmueller referred this matter to this court for the purposes of advising and questioning the defendant regarding a plea of guilty and for the defendant to enter a plea of guilty pursuant to Federal Rule of Criminal Procedure 11. On December 20, 2019, the parties appeared before this court. The defendant pled guilty to the offense charged in the indictment. After cautioning and...
REPORT AND RECOMMENDATION NANCY JOSEPH , Magistrate Judge . The United States of America and the defendant, David J. Darrah, appeared before me pursuant to Federal Rule of Criminal Procedure 11. Darrah entered a plea of guilty to Counts 1 and 2 of the Indictment. After cautioning and examining Darrah under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowing and voluntary, and that the offenses charged are supported by an independent...
OPINION and ORDER JAMES D. PETERSON , District Judge . Plaintiff Adam James Recha seeks judicial review of a final decision of defendant Andrew Saul, Commissioner of the Social Security Administration, finding him not disabled under the Social Security Act. He contends that administrative law judge (ALJ) Lawrence E. Blatnik erred in (1) assigning weight to two sources' opinions regarding Recha's capabilities; and (2) improperly accounting for Recha's mental limitations in determining his...
ORDER J.P. STADTMUELLER , District Judge . Plaintiff John Doe ("Doe") is a former student of Defendant Marian University. Doe alleges that Marian University committed gender 1 discrimination, negligence, and various contract violations during an investigation into Doe's alleged sexual misconduct. The Court's subject matter jurisdiction is predicated on the Title IX gender discrimination claim, as the parties are both citizens of Wisconsin and there are no other federal questions. Marian...
ORDER J.P. STADTMUELLER , District Judge . This is a class action alleging that Defendants have marketed their dog foods as being natural and of high-quality, and sold them at a premium price, when their advertisements were misleading at best, meaning that the products' price was unfairly inflated. (Docket #41). Defendants have filed a motion for summary judgment, seeking dismissal of the case in its entirety. (Docket #46). Plaintiff has filed his own motion for class certification. (...
ORDER GRANTING PLAINTIFF'S REQUEST TO REPRESENT HIMSELF (DKT. NO. 111) AND PROVIDING INFORMATION REGARDING HIS REQUESTS FOR EXPERT WITNESSES PAMELA PEPPER , Chief District Judge . On December 6, 2018, the court issued an order noting that it was recruiting a lawyer to represent the plaintiff; the plaintiff had been representing himself since filing his case in November 2016, over two years earlier. Dkt. No. 86. On April 30, 2019, the court issued an order indicating that Attorney Aaron...
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2254 (DKT. NO. 1), DISMISSING CASE AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY PAMELA PEPPER , Chief District Judge . In November 2011, a Racine County jury convicted the petitioner of sixteen charges related to the physical and sexual abuse of his then-wife and two stepdaughters, CJ and KS. Dkt. No. 1. This habeas petition alleges that the state presented insufficient evidence to convict him of nine of the...
ORDER ADOPTING MAGISTRATE JUDGE DUFFIN'S RECOMMENDATION (DKT. NO. 22), DENYING PETITION FOR WRIT OF HABEAS CORPUS (DKT. NO. 1), DISMISSING CASE AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY PAMELA PEPPER , Chief District Judge . I. Introduction On February 26, 2016, the petitioner, represented by counsel, filed a petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging his March 16, 2012 conviction in Marinette County Circuit Court on one count of repeated...
ORDER DENYING 2255 PETITION WILLIAM C. GRIESBACH , Chief District Judge . In November 2016, Petitioner Donald S. Harden was found guilty by a jury of conspiring to distribute a controlled substance. The jury also found in a special verdict (1) that the offense involved 100 grams or more of a mixture and substance containing heroin; and (2) that the death of Frederick J. Schnettler resulted from his use of heroin distributed by Harden. On February 6, 2017, the court imposed a mandatory...
ORDER PETER OPPENEER , Magistrate Judge . Petitioner Lafayette Deandre Van seeks a writ of habeas corpus pursuant to 28 U.S.C. 2241. Petitioner has neither paid the $5 filing fee nor requested leave to proceed without prepayment of the filing fee. For this case to move forward, petitioner must pay the $5 filing fee or submit a properly supported motion for leave to proceed without prepayment of the filing fee no later than January 21, 2020. Any motion for leave to proceed without...
OPINION AND ORDER WILLIAM M. CONLEY , District Judge . Plaintiff Sarah Simon brings this lawsuit against her former employer, Cooperative Educational Service Agency #5 ("CESA 5"), alleging violations of the Family Medical Leave Act ("FMLA"), 29 U.S.C. SSS 2601, et seq. Defendant CESA 5 moved for summary judgment (dkt. #11) and successfully demonstrated that it is entitled to summary judgment on most of plaintiff's claims. However, plaintiff has presented sufficient evidence to create a...
OPINION AND ORDER STEPHEN L. CROCKER , Magistrate Judge . This is a civil action for monetary relief in which plaintiff EuroChem North America Corp. (formerly known as EuroChem Trading USA Corporation, referred to hereafter as "ECTUS") alleges that defendants W. Kent Ganske and his wife, Julie Ganske, breached their guaranties to plaintiff by failing to pay the indebtedness owed by their company, WS AG Center, Inc. ("WSAG"). On October 21-22, 2019, this court held a bench trial on the...
OPINION AND ORDER STEPHEN L. CROCKER , Magistrate Judge . Pro se plaintiff Ivan Boyd, a prisoner at the Wisconsin Secure Program Facility (WSPF), is proceeding in this civil lawsuit pursuant to 42 U.S.C. 1983, on an Eighth Amendment claim against defendant Linda Corbett, for her alleged failure to respond to his need for a properlyfitting mask for his Continuous Positive Airway Pressure (CPAP) machine between about September of 2016 and October of 2017, when he fainted and injured...
ORDER J.P. STADTMUELLER , District Judge . On November 22, 2019, the parties filed a plea agreement, indicating that Defendant had agreed to plead guilty to Count One of the Indictment. (Docket #10). The parties appeared before Magistrate Judge William E. Duffin on December 11, 2019 to conduct a plea colloquy pursuant to Federal Rule of Criminal Procedure 11. (Docket #11). Defendant entered a plea of guilty as to Count One of the Indictment. Id. After cautioning and examining Defendant...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY WILLIAM E. DUFFIN , Magistrate Judge . The Honorable J.P. Stadtmueller referred this matter to this court for the purposes of advising and questioning the defendant regarding a plea of guilty and for the defendant to enter a plea of guilty pursuant to Federal Rule of Criminal Procedure 11. On December 11, 2019, the parties appeared before this court. The defendant pled guilty to the offense charged in the indictment. After cautioning and...
DECISION AND ORDER WILLIAM E. DUFFIN , Magistrate Judge . PROCEDURAL HISTORY Plaintiff Tammy Condon alleges she has been disabled since June 11, 2014, due to severe nerve damage; fibromyalgia; migraine headaches; a brain injury; and back, neck, and shoulder problems. (ECF No. 16-1 at 47; ECF No. 16-5 at 23.) In 2014 she applied for disability insurance benefits and supplemental security income. (ECF No. 16-1 at 12; ECF No. 16-4 at 1.) After her applications were denied initially (ECF No....
ORDER WILLIAM C. GRIESBACH , District Judge . Pursuant to the parties' stipulation, the court awards Plaintiff attorney fees in the amount of $6,200 and costs in the amount of $0 in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act (EAJA) in this case. The award of attorney fees will satisfy all of Plaintiff's claims for fees, costs, and expenses under 28 U.S.C. 2412 in this case. Any fees paid belong to Plaintiff and not her...
REPORT AND RECOMMENDATION NANCY JOSEPH , Magistrate Judge . The United States of America and the defendant, Nickie M. Foster, appeared before me pursuant to Federal Rule of Criminal Procedure 11. Foster entered a plea of guilty to Counts 2, 4, 6, 7, 8, 9, 10, and 11 of the Indictment. After cautioning and examining Foster under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowing and voluntary, and that the offenses charged are supported...
ORDER J.P. STADTMUELLER , District Judge . On September 18, 2018, the government filed a fifteen-count Indictment in this case, charging the defendant in eleven counts for violations of 18 U.S.C. 1951 and 924(c). (Docket #16). On November 27, 2019, the parties filed a plea agreement indicating that the defendant agreed to plead guilty to Counts Two, Four, Six, Seven, Eight, Nine, Ten, and Eleven of the Indictment. (Docket #89). The government agreed to move to dismiss the remaining...
ORDER OF DISMISSAL WILLIAM C. GRIESBACH , District Judge . On February 14, 2017, Melisa Beyer was indicted on charges of embezzlement from Oshkosh Community Credit Union where she was employed and making false statements with the intent to defraud in violation of 18 U.S.C. 657 and 1006. Case No. 17-CR-026, Dkt. No. 1. Beyer was originally represented by Attorney Thomas Phillip, but later retained Attorney Bradley Priebe. On February 1, 2018, Beyer entered a plea of guilty to the...
