Petkus, Jennifer v. Richland County et al

Filing 136

Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 133 Notice of Appeal. (Attachments: # 1 Info sheet, # 2 Docketing Statement, # 3 Judgment, # 4 Docket Sheet) (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

JENNIF'ER S. PETKUS

Plaintift
v

Case

No. 12 CV 104

RrcHLAllD COUNTY,
WILSON MUTUAL INSURANCE COMPAI¡'Y
And \ilISCONSIN COUNTY MUTUAL INSURANCE CORP. /
AEGIS CORPORATION,
Defendants.

DOCKETING STATEMENT
Pursuant to Circuit Court Rule 3(c)(1) and Circuit Court Rule 28(a), Richland County
and Wisconsin County Mutual lnsurance Corporation, Defendants herein, state as follows:

1.

On July 18,2011, Plaintiff Jennifer Petkus filed the original action in Richland

County, Wisconsin, Circuit Court. Plaintiff Jennifer Petkus filed an Amended Complaint in
that action on January 27,2012. The Amended Complaint alleged federal causes of action for
the first time in the matter pursuant to 42 U.S.C. $ 1983, by alleging that her civil rights were

violated during a search and seizure of her premises while the Richland County Sherifls
Department executed a search wanant.

2.

The Notice

of

Removal was filed

by

Defendants Richland County and

'Wisconsin County Mutual Insurance Corporation pursuant
February 15,2012.

26489.1rr2'7

9

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Docketing Statement

l3jlb

to 28 U.S.C. $

1446 on

3.

The District Court had original but not exclusive jurisdiction of the subject civil

proceeding pursuant to 28 U.S.C. $ 1331. Plaintiff Jennifer Petkus and Defendants Richland

County were domiciled within the venue of the U.S. District Court for the Western District of
Wisconsin pursuant to 28 U.S.C. $ 130(b).

4.

Removal to the U.S. District Court for the Westem District of Wisconsin was

proper pursuant to 28 U.S.C. $ laa1(a) and (c).

5.

Jurisdiction

of this Circuit Court to

determine

this

appeal exists under

28 U.S.C. $ 1291.

6.

There have been no prior or related appellate proceedings in this case. No prior

litigation was held in the district court that was not appealed.

7.

Pursuant

to Circuit Rule 28(a)(l), jurisdiction is based on the existence of

a

federal question and the provision involved is a federal statute, 42U.5.C. $ 1983, involving the

Unreasonable Search and Seizure clause

of the Fourth Amendment to the United

States

Constitution.

8.

Pursuant to Circuit Rule 28(a)(2):

The date of the judgment sought to be reviewed is May 1, 2013.

Ð
iD

A Motion to Alter or Amend

Judgment or For New Trial Pursuant to

Rule 59 and Rule 60(bX6) was filed on May 29,2013.

iii)

The Motion to Alter or Amend Judgment or For New Trial Pursuant to
Rute 59 and Rule 60(bX6) was denied by the Court on October 22,2013.

iv)

Notice of Appeal was filed by Timotþ J. Casper on Novembet 21,
20t3.

26489.1 | t27 9 -2tj c-20 I
Docketing Statement

I I 3j

lb

-J-

v)

This is not a direct appeal from the decision of

a magistrate.

Dated this 21't day of November, 2013.

MURPHY DESMOND S.C.
Attorneys for Defendants
Richland County and Wisconsin County
Mutual Insurance Corporation

By: lslTimothvJ.
Margery Tibbetts-Wakefield
State Bar Number: l0l232l
Timothy J. Casper
State Bar Number: L012944
33 East Main Street, Suite 500
P.O. Box 2038
Madison, WI 53701-2038
(608) 2s7-7r8t
4839-72874263,v. I

26489.1 11279-2tjc-20 I I I 3jlb

Docketing Statement