Sands Wedeward, Susan v. Local 306, National Postal Mail Handlers Union et al
Filing
44
Transmission of Notice of Appeal, Appeal Information Sheet, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 42 Notice of Appeal, (Attachments: # 1 Info Sheet, # 2 Order, # 3 Judgment, # 4 Docket Sheet) (elc),(ps)
ECF Western District of Wisconsin
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https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?719399942088619-L_1_0-1
U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:13-cv-00100-bbc
Sands Wedeward, Susan v. Local 306, National Postal Mail
Handlers Union et al
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 39:409 Postal Service
Date Filed: 02/14/2013
Date Terminated: 07/16/2014
Jury Demand: Defendant
Nature of Suit: 790 Labor: Other
Jurisdiction: Federal Question
Plaintiff
Susan Ann Sands-Wedeward
represented by Susan Ann Sands-Wedeward
530 Allen Street
Cambridge, WI 53523
(608) 575-9982
PRO SE
V.
Defendant
Local 306, National Postal Mail
Handlers Union
represented by Barry Milton Bennett
Dowd, Bloch & Bennett
8 S. Michigan Ave.
19 Floor
Chicago, IL 60603
312-372-1361
Fax: 312-372-6599
Email: efile@dbb-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
John Castagna
TERMINATED: 05/24/2013
Date Filed
#
represented by Barry Milton Bennett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Docket Text
02/15/2013
1 Motion to Admit Barry Milton Bennett Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1127978.) by Defendant Local 306, National Postal Mail Handlers
Union. Motions referred to Magistrate Judge Stephen L. Crocker. (Bennett,
Barry),(ps) (Entered: 02/15/2013)
02/15/2013
2 ** TEXT ONLY ORDER **
ORDER granting 1 Motion to Admit Barry Bennett Pro Hac Vice. Signed by
07/22/2014 12:26 PM
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Magistrate Judge Peter A. Oppeneer on 2/15/2013. (elc),(ps) (Entered: 02/15/2013)
02/15/2013
3 NOTICE OF REMOVAL from State of Wisconsin Circuit Court, Dane County, case
number 13-cv-0222. ( Filing fee $ 350 receipt number 0758-1128106), filed by All
Defendants. (Attachments:
# 1 Exhibit A - Petition,
# 2 Certificate of Service) (Bennett, Barry),(ps) Modified on 2/19/2013; sealed
exhibit due to sensitive information. (mmo). (Entered: 02/15/2013)
02/22/2013
4 Record from Circuit Court of Dane County. (Attachments:
# 1 Certificate of transmittal,
# 2 Summons, complaint and petition for large claim,
# 3 Affidavit of indigency,
# 4 Notice of removal) (jef),(ps) (Entered: 02/25/2013)
02/28/2013
5 Motion for More Definite Statement by Defendants John Castagna, Local 306,
National Postal Mail Handlers Union. (Bennett, Barry),(ps) (Entered: 02/28/2013)
02/28/2013
6 Notice by Defendants John Castagna, Local 306, National Postal Mail Handlers
Union re 5 Motion for More Definite Statement Notice of Filing. (Bennett,
Barry),(ps) (Entered: 02/28/2013)
03/06/2013
Set Deadlines as to 5 Motion for More Definite Statement . Plaintiff's Brief in
Opposition due 3/20/2013. Defendants' Brief in Reply due 3/27/2013. (elc),(ps)
(Entered: 03/06/2013)
03/14/2013
7 Brief in Opposition/More Definite Statement by Plaintiff Susan Ann SandsWedeward re: 5 Motion for More Definite Statement filed by Local 306, National
Postal Mail Handlers Union and John Castagna. (Attachments:
# 1 Notice of Filing,
# 2 Envelope) (elc),(ps) (Entered: 03/14/2013)
05/16/2013
8 ORDER granting 5 Motion for More Definite Statement by Defendants. Plaintiff
Susan Ann Sands-Wedeward may have until May 30, 2013 to file an amended
complaint that complies with Fed. R. Civ. P. 8. Plaintiff's 7 motion for judicial
reassignment is denied. Signed by District Judge Barbara B. Crabb on 5/16/2013.
(jef),(ps) (Entered: 05/16/2013)
05/24/2013
9 AMENDED COMPLAINT, filed by Susan Ann Sands-Wedeward. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 05/24/2013)
06/26/2013
Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 7/17/2013
at 01:30 PM before Magistrate Judge Stephen L. Crocker. Plaintiff responsible for
contacting the court at (608) 264-5153. Once plaintiff's call has been received, the
court will then include counsel for defendant in the conference call. [Notice
Regarding the Telephone Preliminary Pretrial Conference attached] (elc),(ps)
(Entered: 06/26/2013)
07/17/2013
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference - Pro Se held on 7/17/2013 [1:00]
(cak),(ps) (Entered: 07/17/2013)
07/19/2013
10 Pretrial Conference Order - Dispositive Motions due 2/28/2014. Final Pretrial
Submissions and Disclosures due 8/15/2014. Responses due 8/29/2014. Final Pretrial
Conference set for 9/15/2014 at 08:30 AM. Jury Selection and Trial set for 9/15/2014
07/22/2014 12:26 PM
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at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 7/18/2013. (jef),(ps)
(Entered: 07/19/2013)
08/06/2013
08/07/2013
11 Motion for More Definite Statement , Motion to Bifurcate Defendant's Motion For A
Futher Order Requiring A More Definite Statement And For An Order Bifurcating
Case For Discovery Purposes by Defendant Local 306, National Postal Mail
Handlers Union. (Attachments:
# 1 Certificate of Service) (Bennett, Barry),(ps) (Entered: 08/06/2013)
Set Deadlines as to 11 Defendant's Motion For A Further Order Requiring A More
Definite Statement And For An Order Bifurcating Case For Discovery Purposes.
Plaintiff's Brief in Opposition due 8/21/2013. Defendant's Brief in Reply due
8/28/2013. (elc),(ps) (Entered: 08/07/2013)
08/19/2013
12 Brief in Opposition by Plaintiff Susan Ann Sands-Wedeward re: 11 Motion for More
Definite Statement, Motion to Bifurcate,, filed by Local 306, National Postal Mail
Handlers Union (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 08/19/2013)
08/21/2013
13 Brief in Reply by Defendant Local 306, National Postal Mail Handlers Union in
Support of 11 Motion for More Definite Statement, Motion to Bifurcate,,
Defendant's Reply In Support Of Motion For A Further Order Requiring A More
Definite Statement And For An Order Bifurcating Case For Discovery Purposes
(Attachments:
# 1 Certificate of Service) (Bennett, Barry),(ps) (Entered: 08/21/2013)
09/09/2013
14 ORDER that plaintiff Susan Ann Sands Wedeward may have until September 25,
2013, in which to provide answers to the questions set out within this order. If she
does not do so, her complaint will be dismissed under Fed. R. Civ. P. 12(e) as so
vague that defendant Local 306, National Postal Mail Handlers Union, cannot
reasonably prepare a response to the allegations. If plaintiff does submit a complaint
that gives adequate notice of her claims, I will allow her to proceed on her claims of
liability, but I will grant defendant's motion to bifurcate the case, reserving discovery
on damages until the issue of liability has been resolved. Signed by District Judge
Barbara B. Crabb on 9/9/2013. (jef),(ps) (Entered: 09/09/2013)
09/27/2013
15 Response re 14 Order by Plaintiff Susan Ann Sands-Wedeward. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) (Entered: 09/27/2013)
09/30/2013
16 Letter Enclosing Copy of Letter to Union by Plaintiff Susan Ann Sands-Wedeward.
(Attachments:
# 1 9/26/13 Letter to Union,
# 2 Envelope) (jaf),(ps) (Entered: 09/30/2013)
10/08/2013
17 ORDER that defendant Local 306, National Postal Mail Handlers Union may have
until October 28, 2013, in which to file a new response to the claim in plaintiff's
amended complaint, as clarified by plaintiff in her submission of September 27, 2013,
that defendant did not provide her adequate legal representation after she was injured
while at work at the Madison post office on October 29, 2006. Signed by District
Judge Barbara B. Crabb on 10/8/2013. (jef),(ps) (Entered: 10/08/2013)
07/22/2014 12:26 PM
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10/17/2013
18 ANSWER to Amended Complaint by Defendant Local 306, National Postal Mail
Handlers Union. (Bennett, Barry),(ps) (Entered: 10/17/2013)
01/21/2014
19 Expert Witness Disclosures by Plaintiff Susan Ann Sands-Wedeward. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 01/21/2014)
02/18/2014
20 Motion for Extension of Time (AGREED) by Defendant Local 306, National Postal
Mail Handlers Union. Motions referred to Magistrate Judge Stephen L. Crocker.
(Bennett, Barry),(ps) (Entered: 02/18/2014)
02/20/2014
21 ** TEXT ONLY ORDER **
Order GRANTING defendant's 20 Agreed Motion for an extension of time. The
deadline for filing dispositive motions is extended to March 17, 2014. Signed by
Magistrate Judge Stephen L. Crocker on 2/20/2014. (elc),(ps) (Entered: 02/20/2014)
03/04/2014
22 Submission by Plaintiff Susan Ann Sands-Wedeward (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jaf),(ps) Modified docket text on 3/4/2014 (elc). (Entered:
03/04/2014)
03/13/2014
23 Returned mail from plaintiff to Attorney Bennett with notation that the submission
was re-sent via certified mail re 22 Submission by Plaintiff Susan Ann SandsWedeward. (Attachments:
# 1 Copy of Dkt. 22 filed March 4, 2014,
# 2 Envelope) (elc),(ps) (Entered: 03/13/2014)
03/17/2014
24 MOTION FOR SUMMARY JUDGMENT by Defendant Local 306, National
Postal Mail Handlers Union. (Attachments:
# 1 Certificate of Service) (Bennett, Barry),(ps) (Entered: 03/17/2014)
03/17/2014
25 Brief in Support of 24 Motion for Summary Judgment by Defendant Local 306,
National Postal Mail Handlers Union (Bennett, Barry),(ps) (Entered: 03/17/2014)
03/17/2014
26 Proposed Findings of Fact filed by Defendant Local 306, National Postal Mail
Handlers Union re: 24 Motion for Summary Judgment (Attachments:
# 1 Exhibit A-Declaration of June Harris (Also see 27 .),
# 2 Exhibit B-Declaration of Joseph Endrizzi (Also see 28 .),
# 3 Exhibit C-Declaration of John Castagna (Also see 29 .),
# 4 Exhibit D-Declaration of Jefferson C. Peppers (Also see 30 .),
# 5 Exhibit E-Declaration of Kneauka Windhomlowe (Also see 31 .),
# 6 Exhibit F-Susan Wedeward-Sands Notice of Removal,
# 7 Exhibit G-USPS Grievance Summary S. Sands-Wedeward,
# 8 Exhibit H-NPMU Standard Grievance Form,
# 9 Exhibit I-May 12, 2011 Abeyance Memorandum,
# 10 Exhibit J-Nela Petersen Memo,
# 11 Exhibit K-USPS Step 2 Decision Memorandum,
# 12 Exhibit L-Local 306 Step 3 Appeal,
# 13 Exhibit M-Dept. of Labor Physician's Report for S. Sands-Wedeward,
# 14 Exhibit N-U of Wisconsin Physician Estimate of Capabilities Form,
# 15 Exhibit O-Dr. Vance A. Masci letter,
# 16 Exhibit P-Milwaukee Occupational Medicine letter,
# 17 Exhibit Q-Step Three Requested Remedy letter,
# 18 Exhibit R-Letter to Dianne Williams,
# 19 Exhibit S-September 26, 2013 Local 306 letter,
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# 20 Exhibit T-September 27, 2013 Local 306 letter,
# 21 Exhibit U-USPS response letter to John Castagna) (Bennett, Barry),(ps)
Modified on 3/18/2014: Declarations to be filed separately. (lak) (Entered:
03/17/2014)
03/18/2014
Set Deadlines as to 24 MOTION FOR SUMMARY JUDGMENT . [Pro Se Summary
Judgment Procedure for Cases Assigned to Judge Crabb attached.] Plaintiff's Brief in
Opposition due 4/17/2014. Defendant's Brief in Reply due 4/28/2014. (elc),(ps)
(Entered: 03/18/2014)
03/18/2014
27 Declaration of June Harris filed by Defendant Local 306, National Postal Mail
Handlers Union re: 24 Motion for Summary Judgment (Attachments:
# 1 Certificate of Service) (Bennett, Barry),(ps) (Entered: 03/18/2014)
03/18/2014
28 Declaration of Joseph Endrizzi filed by Defendant Local 306, National Postal Mail
Handlers Union re: 24 Motion for Summary Judgment (Bennett, Barry),(ps) (Entered:
03/18/2014)
03/18/2014
29 Declaration of John Castagna filed by Defendant Local 306, National Postal Mail
Handlers Union re: 24 Motion for Summary Judgment (Bennett, Barry),(ps) (Entered:
03/18/2014)
03/18/2014
30 Declaration of Jefferson C. Peppers, III filed by Defendant Local 306, National
Postal Mail Handlers Union re: 24 Motion for Summary Judgment (Bennett,
Barry),(ps) (Entered: 03/18/2014)
03/18/2014
31 Declaration of Kneauka Windhomlowe filed by Defendant Local 306, National
Postal Mail Handlers Union re: 24 Motion for Summary Judgment (Bennett,
Barry),(ps) (Entered: 03/18/2014)
04/15/2014
32 Brief in Opposition by Plaintiff Susan Ann Sands-Wedeward re: 24 Motion for
Summary Judgment filed by Defendant Local 306, National Postal Mail Handlers
Union (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 04/15/2014)
04/15/2014
33 Response to Proposed Findings of Fact filed by Plaintiff Susan Ann Sands-Wedeward
re: 24 Motion for Summary Judgment (nln),(ps) (Entered: 04/15/2014)
04/15/2014
34 MOTION FOR SUMMARY JUDGMENT and in Opposition by Plaintiff Susan Ann
Sands-Wedeward. (nln),(ps) (Entered: 04/15/2014)
04/15/2014
35 Brief in Support of 34 Motion for Summary Judgment and in Opposition by Plaintiff
Susan Ann Sands-Wedeward (nln),(ps) (Entered: 04/15/2014)
04/15/2014
36 Affidavit of Susan Sands Wedeward filed by Plaintiff Susan Ann Sands-Wedeward
re: 34 Motion for Summary Judgment and 24 Motion for Summary Judgment
(Attachments:
# 1 Exhibits A-Z and 1-3) (nln),(ps) (Entered: 04/15/2014)
04/25/2014
37 ** TEXT ONLY ORDER **
Plaintiff Susan Ann Sands-Wedeward's motion for summary judgment, dkt. # 34 , is
DENIED as untimely because it was filed almost a month after the March 17, 2014
dispositive motions deadline. Signed by District Judge Barbara B. Crabb on
4/25/2014. (jef),(ps) (Entered: 04/25/2014)
07/22/2014 12:26 PM
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04/28/2014
38 Brief in Reply in Support of 24 Motion for Summary Judgment by Defendant Local
306, National Postal Mail Handlers Union. (Attachments:
# 1 Certificate of Service) (Bennett, Barry),(ps) Modified docket text on 4/28/2014
(elc).. (Entered: 04/28/2014)
05/02/2014
39 Response to 37 Order on Motion for Summary Judgment, by Plaintiff Susan Ann
Sands-Wedeward. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 05/02/2014)
07/16/2014
40 ORDER granting 24 Motion for Summary Judgment. The clerk of court is directed to
enter judgment in favor of defendant and close this case. Signed by District Judge
Barbara B. Crabb on 7/16/2014. (jef),(ps) (Entered: 07/16/2014)
07/16/2014
41 JUDGMENT entered in favor of defendant dismissing this case. (PAO/jef). (jef),(ps)
(Entered: 07/16/2014)
07/22/2014
42 NOTICE OF APPEAL (unsigned) by Plaintiff Susan Ann Sands-Wedeward as to 40
Order on Motion for Summary Judgment, 41 Judgment. In forma pauperis pending.
No Docketing Statement filed. (Attachments:
# 1 Certificates of Service,
# 2 Envelope) (elc),(ps) (Entered: 07/22/2014)
07/22/2014
43 Appeal Information Packet. (elc),(ps) (Entered: 07/22/2014)
07/22/2014 12:26 PM
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