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)

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ECF Western District of Wisconsin 1 of 6 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 ECF Western District of Wisconsin 2 of 6 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?719399942088619-L_1_0-1 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 ECF Western District of Wisconsin 3 of 6 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?719399942088619-L_1_0-1 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 ECF Western District of Wisconsin 4 of 6 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?719399942088619-L_1_0-1 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, 07/22/2014 12:26 PM ECF Western District of Wisconsin 5 of 6 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?719399942088619-L_1_0-1 # 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 ECF Western District of Wisconsin 6 of 6 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?719399942088619-L_1_0-1 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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