Williams, Patricia v. WI Dept of Workforce Development

Filing 72

Transmission of Notice of Appeal, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 70 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket Sheet) (nln)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:13−cv−00794−bbc
Williams, Patricia v. WI Dept of Workforce Development
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 11/12/2013
Date Terminated: 04/17/2015
Jury Demand: None
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Patricia Williams

represented by Patricia Williams
P.O. Box 259583
Madison, WI 53725−9583
608−285−5640
PRO SE
Bridget Laurent
Community Justice Inc.
214 N Hamilton St.
Ste. 101
Madison, WI 53703
608−204−9642 x3006
Email: [e-mail]
ATTORNEY TO BE NOTICED
Jennifer Amelia Cunha
Community Justice Inc.
214 N Hamilton St.
Ste. 101
Madison, WI 53703
608−442−3004
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
WI Dept of Workforce Development

Date Filed

#

represented by John R. Sweeney
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707−7857
608−264−9457
Fax: 608−267−8906
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Text

11/12/2013

1 COMPLAINT against WI Dept of Workforce Development, filed by Patricia
Williams. (Case randomly assigned to District Judge Barbara B. Crabb.) (Attachments:
# 1 U.S. EEOC Dismissal, letter from Dept. of Workforce counsel, EEOC information)
(jef) (Entered: 11/12/2013)

11/12/2013

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Patricia Williams. (jef),(ps)
(Entered: 11/12/2013)

11/21/2013

3 ORDER on ifp request: Complaint taken under advisement for screening. Signed by
Magistrate Judge Peter A. Oppeneer on 11/20/2013. (jef),(ps) (Entered: 11/21/2013)

12/20/2013

4 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendant WI
Dept of Workforce Development. Service to be made by USMS. Signed by District
Judge Barbara B. Crabb on 12/20/2013. (jef),(ps) (Entered: 12/23/2013)

12/20/2013

5 Summons Issued as to WI Dept of Workforce Development. Forwarded to USMS for
service. (jef),(ps) (Entered: 12/23/2013)

02/07/2014

6 Marshal Service Return Executed. WI Dept of Workforce Development served on
1/13/2014. (jef),(ps) (Entered: 02/07/2014)

02/10/2014

7 Notice of Appearance filed by John R. Sweeney for Defendant WI Dept of Workforce
Development (Attachments:
# 1 Certificate of Service) (Sweeney, John),(ps) (Entered: 02/10/2014)

02/27/2014

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/20/2014 at
02:00 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:
02/27/2014)

03/20/2014

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 3/20/2014 [:30] (cak),(ps)
(Entered: 03/20/2014)

03/20/2014

8 Letter from clerk's office regarding plaintiff's request to receive documents via e−mail.
(elc),(ps) (Entered: 03/20/2014)

03/24/2014

9 Pretrial Conference Order − Dispositive Motions due 10/31/2014. Final Pretrial
Submissions and Disclosures due 5/1/2015. Objections due 5/15/2015. Final Pretrial
Conference set for 5/28/2015 at 04:00 PM. Jury Selection and Trial set for 6/1/2015 at
09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/21/2014. (jef),(ps)
(Entered: 03/24/2014)

04/29/2014

10 ANSWER by Defendant WI Dept of Workforce Development. (Attachments:
# 1 Renumbered Complaint,
# 2 Certificate of Service) (Sweeney, John),(ps) (Entered: 04/29/2014)

05/20/2014

11 Exhibit / Determination from the Wis. Dept. of Workforce Development by Plaintiff
Patricia Williams. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 05/21/2014)

06/09/2014

12 Motion to Dismiss and Win Lawsuit by Plaintiff Patricia Williams. (Attachments:
# 1 2012 1099−misc. statement,
# 2 Envelope) (jef),(ps) Note, left side of document is cutoff in places, 6/9/2014 (jef).
(Entered: 06/09/2014)

06/09/2014

Set Briefing Deadlines as to Plaintiff's 12 Motion to Dismiss and Win Lawsuit.
Defendants' Brief in Opposition due 6/23/2014. Plaintiff's Brief in Reply due
6/30/2014. (jef),(ps) (Entered: 06/09/2014)

06/11/2014

13 Exhibit / WI Dept of Workforce Development ERD ltr to Plaintiff by Plaintiff Patricia
Williams. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 06/11/2014)

06/23/2014

14 Brief in Opposition by Defendant WI Dept of Workforce Development re: 12 Motion
for Miscellaneous Relief filed by Patricia Williams (Attachments:
# 1 Certificate of Service) (Sweeney, John),(ps) (Entered: 06/23/2014)

06/23/2014

15 Affidavit of John R. Sweeney filed by Defendant WI Dept of Workforce Development
re: 12 Motion for Miscellaneous Relief (Attachments:
# 1 Docket) (Sweeney, John) (Entered: 06/23/2014)

06/27/2014

16 Brief in Reply by Plaintiff Patricia Williams in Support of 12 Motion to Dismiss and
Win Lawsuit. (Attachments:
# 1 WI Equal Rights Division Amended Charge of Discrimination Form,
# 2 Notice of Amended Complaint,
# 3 Envelope) (elc),(ps) (Entered: 06/27/2014)

06/30/2014

17 Exhibit / EEOC letter dated December 6, 2013 filed by Plaintiff Patricia Williams.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 06/30/2014)

06/30/2014

18 Request for a written affidavit from Howard Bernstein, legal counsel, State of WI
DWD/DVR by Plaintiff Patricia Williams. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 06/30/2014)

07/01/2014

19 Request for a written affidavit from Community Counseling Center, Dr. Sharon
Barger, PhD by Plaintiff Patricia Williams. (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 07/01/2014)

07/14/2014

20 Clerk's office response to 18 , 19 submissions filed by Patricia Williams. (jef),(ps)
(Entered: 07/18/2014)

07/22/2014

21 Motion to Compel by Plaintiff Patricia Williams. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/22/2014)

07/22/2014

Set Deadlines as to 21 Motion to Compel. Defendant's Brief in Opposition due
7/29/2014. Plaintiff's Brief in Reply due 8/8/2014. (elc),(ps) (Entered: 07/22/2014)

07/29/2014

22 Brief in Opposition by Defendant WI Dept of Workforce Development re: 21 Motion
to Compel filed by Patricia Williams (Attachments:
# 1 Certificate of Service) (Sweeney, John),(ps) (Entered: 07/29/2014)

08/01/2014

23 ORDER denying 12 Motion to Dismiss and Win Lawsuit; denying 21 Motion to
Compel. Signed by District Judge Barbara B. Crabb on 8/01/2014. (nln),(ps) (Entered:
08/01/2014)

08/04/2014

24 Brief in Reply by Plaintiff Patricia Williams in Support of 21 Motion to Compel.
(Attachments:
# 1 Envelope) (nln),(ps) (Entered: 08/04/2014)

08/05/2014

25 Proposed AMENDED COMPLAINT against WI Dept of Workforce Development,
filed by Patricia Williams. (Attachments:
# 1 Log of job development related payments,
# 2 Invoice, checks, training grant information, stipend payments, payment log,
payment authorizations) (jef),(ps) (Entered: 08/06/2014)

08/07/2014

26 Request for Relief / Supplement to 25 Proposed Amended Complaint, filed by Patricia
Williams. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 08/07/2014)

08/08/2014

27 Motion to Compel by Plaintiff Patricia Williams. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/08/2014)

08/08/2014

Set Deadlines as to 27 Motion to Compel. Defendant's Brief in Opposition due
8/15/2014. Plaintiff's Brief in Reply due 8/25/2014. (elc),(ps) Modified to correct
defendant's response date. (elc) (Entered: 08/08/2014)

08/13/2014

28 Brief in Opposition by Defendant WI Dept of Workforce Development re: 27 Motion
to Compel filed by Patricia Williams. (Attachments:
# 1 Certificate of Service) (Sweeney, John),(ps) (Entered: 08/13/2014)

08/18/2014

29 Letter from plaintiff to AAG Sweeney regarding discovery. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/18/2014)

08/19/2014

30 Brief in Reply by Plaintiff Patricia Williams in Support of 27 Motion to Compel.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/19/2014)

08/21/2014

31 Exhibit/September 10, 2012 Letter from Disability Rights Wisconsin to Les Mirkin at
the Division of Vocational Rehabilitation, Dane County Job Center submitted by
Plaintiff Patricia Williams. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/21/2014)

08/28/2014

32 Exhibit − August 27, 2014 Letter to plaintiff from WI Department of Administration
re: State Capitol Police Report #14−001279 by Plaintiff Patricia Williams.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 08/28/2014)

09/03/2014

33 ORDER denying plaintiff's 25 , 26 motion for leave to amend her complaint and
denying plaintiff's 27 Motion to Compel. Signed by District Judge Barbara B. Crabb
on 9/3/2014. (jef),(ps) (Entered: 09/03/2014)

09/05/2014

34 Motion (unsigned) for Reconsideration re 33 Order on motion for leave to amend her
complaint and motion to compel by Plaintiff Patricia Williams. (Attachments:
# 1 Dept. of Workforce Develop. determination,
# 2 Wis. Unemployment Advisory Council Report of Definition of Employee,
# 3 Envelope) (jef),(ps) See dkt. 35 providing a signature, 9/9/2014 (jef). (Entered:
09/08/2014)

09/09/2014

35 Supplement providing a signature to 34 Motion for Reconsideration, filed by Patricia
Williams. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 09/09/2014)

09/09/2014

Set Deadlines as to plaintiff's 34 Motion for Reconsideration. Defendant's Brief in
Opposition due 9/16/2014. Plaintiff's Brief in Reply due 9/26/2014. (jef),(ps) (Entered:
09/09/2014)

09/22/2014

36 Brief / Letter Stating No Reply to be Filed by Plaintiff Patricia Williams re: 34 Motion
for Reconsideration, filed by Patricia Williams (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 09/22/2014)

09/30/2014

37 ORDER Setting Status Conference. Telephone Status Conference set for October 9,
2014 at 02:30 PM before Judge Barbara B. Crabb. No later than October 6, 2014,
plaintiff and Mr. Sweeney are to advise the court of the telephone numbers at which
they can be reached at that time. Signed by District Judge Barbara B. Crabb on
9/30/2014. (jef),(ps) (Entered: 09/30/2014)

10/01/2014

38 Notice by Defendant WI Dept of Workforce Development re: move telephone
conference. (Attachments:
# 1 Certificate of Service) (Sweeney, John),(ps) (Entered: 10/01/2014)

10/01/2014

39 ** TEXT ONLY ORDER **
Order that defendant's 38 request is GRANTED. The telephone conference is
rescheduled to 2:00 p.m. on Wednesday, October 8, 2014. Signed by District Judge
Barbara B. Crabb on 10/01/2014. (nln),(ps) (Entered: 10/01/2014)

10/03/2014

40 Supplement to Complaint/Request for Damages filed by Patricia Williams
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 10/03/2014)

10/03/2014

41 Supplement to 40 Supplement to complaint/Request for Damages. (elc),(ps) (Entered:
10/03/2014)

10/07/2014

42 Request to attach article to file by Plaintiff Patricia Williams. (Attachments:
# 1 May 19, 2014 Press Release from U.S. Department of Labor,
# 2 Envelope) (elc),(ps) (Entered: 10/07/2014)

10/08/2014
10/09/2014

10/09/2014

Minute Entry for proceedings held before District Judge Barbara B. Crabb: Telephone
Status Conference held on 10/8/2014 [:20] (skv),(ps) (Entered: 10/08/2014)
43 ORDER regarding the October 8, 2014 telephone status conference and plaintiff's
claims. Defendant's motion for summary judgment is due November 14, 2014.
Plaintiff may have until December 8, 2014, in which to file and serve her response to
the motion. Defendant will have until December 18, 2014 to file a reply. Signed by
District Judge Barbara B. Crabb on 10/9/2014. (jef),(ps) (Entered: 10/09/2014)
Set/Reset Deadlines: Dispositive Motions due 11/14/2014. (jef),(ps) (Entered:
10/09/2014)

10/09/2014

44 ORDER denying plaintiff's 34 Motion for Reconsideration. Signed by District Judge
Barbara B. Crabb on 10/9/2014. (jef),(ps) (Entered: 10/09/2014)

11/12/2014

45 Notice of Appearance filed by Jennifer Amelia Cunha for Plaintiff Patricia Williams.
(Cunha, Jennifer),(ps) (Entered: 11/12/2014)

11/14/2014

46 MOTION FOR SUMMARY JUDGMENT by Defendant WI Dept of Workforce
Development. Brief in Opposition due 12/5/2014. Brief in Reply due 12/15/2014.

(Sweeney, John) (Entered: 11/14/2014)
11/14/2014

47 Brief in Support of 46 Motion for Summary Judgment by Defendant WI Dept of
Workforce Development. (Sweeney, John) (Entered: 11/14/2014)

11/14/2014

48 Disregard. See 50 . Modified on 11/17/2014. (lak) (Entered: 11/14/2014)

11/14/2014

49 Affidavit of Leslie Mirkin re: 46 MOTION FOR SUMMARY JUDGMENT,
(Attachments:
# 1 Exhibit 1 − Position Description of Leslie Mirkin (See 51 .),
# 2 Exhibit 2 −DVR Statewide Service Fee Structure,
# 3 Exhibit 3 − Service Agreement, DWD, DVR,
# 4 Exhibit 4 − Letter to P. Williams from Mirkin,
# 5 Exhibit 5 − Technical Specifications,
# 6 Exhibit 6 − DVRTechnical Specifications,
# 7 Exhibit 7 − Williams Business Payments) (Sweeney, John) Modified on
11/18/2014. (lak) (Entered: 11/14/2014)

11/14/2014

50 Proposed Findings of Fact filed by Defendant WI Dept of Workforce Development re:
46 Motion for Summary Judgment (Sweeney, John) (Entered: 11/14/2014)

11/18/2014

51 Exhibit 1 to 49 Affidavit. Position Description of Leslie Mirkin. (Sweeney, John)
Modified on 11/18/2014. (lak) (Entered: 11/18/2014)

12/05/2014

52 Response to Proposed Findings of Fact filed by Plaintiff Patricia Williams re: 46
Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 − Decision on Ms. Williams's Employment Status by DWD's Division of
Unemployment Insurance,
# 2 Exhibit 2 − 2012−2013 Service Agreement for Ms. Williams's Position,
# 3 Exhibit 3 − 2012−2013 Technical Specifications for Ms. Williams's Position,
# 4 Exhibit 4 − Email Illustrating Performance Reviews for People in Ms. Williams's
Position,
# 5 Exhibit 5 − Letter Terminating Ms. Williams and Appeal on Ms. Williams's
Termination,
# 6 Exhibit 6 − DWD−DVR "Service Provider Training" Flyer,
# 7 Exhibit 7 − Example of DWD−DVR Pay Disparities) (Cunha, Jennifer) Modified
on 12/6/2014. (lak) (Entered: 12/05/2014)

12/05/2014

53 Disregard. Refiled as 55 . (Cunha, Jennifer) Modified on 12/6/2014. (lak) Modified on
12/8/2014 (rep). (Entered: 12/05/2014)

12/05/2014

54 Affidavit of Patricia Williams filed by Plaintiff Patricia Williams re: 46 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit 1 − Decision on Ms. William's Employment Status from the DWD's
Division of Unemployment Insurance,
# 2 Exhibit 2 − 2012−2013 Service Agreement for Ms. Williams's Position,
# 3 Exhibit 3 − 2012−2013 Technical Specifications for Ms. Williams's Position,
# 4 Exhibit 4 − Email Illustrative of the Annual Reviews for Ms. Williams's Position,
# 5 Exhibit 5 − Letter Terminating Ms. Williams and Appeal Regarding Ms.
Williams's Termination,
# 6 Exhibit 6 − DWD−DVR "Service Provider Training" Flyer) (Cunha, Jennifer)
Modified on 12/6/2014. (lak) (Entered: 12/05/2014)

12/08/2014

55 Corrected Brief in Opposition by Plaintiff Patricia Williams re: 46 Motion for
Summary Judgment filed by WI Dept of Workforce Development (Attachments:
# 1 Exhibit 1 − Decision on Ms. Williams's Employment Status by DWD's Division of
Unemployment Insurance,
# 2 Exhibit 2 − 2012−2013 Service Agreement for Ms. Williams's Position,
# 3 Exhibit 3 − 2012−2013 Technical Specifications for Ms. Williams's Position,
# 4 Exhibit 4 − Email Illustrating Performance Reviews for People in Ms. Williams's
Position,
# 5 Exhibit 5 − Letter Terminating Ms. Williams and Appeal on Ms. Williams's
Termination,
# 6 Exhibit 6 − DWD−DVR "Service Provider Training" Flyer,
# 7 Exhibit 7 − Example of DWD−DVR Pay Disparities) (Cunha, Jennifer) Filer
Modified on 12/8/2014 (jat). (Entered: 12/08/2014)

12/18/2014

56 Brief in Reply by Defendant WI Dept of Workforce Development in Support of 46
Motion for Summary Judgment. (Sweeney, John) (Entered: 12/18/2014)

12/18/2014

57 Reply in Support of Proposed Findings of Fact filed by Defendant WI Dept of
Workforce Development re: 46 Motion for Summary Judgment. (Sweeney, John)
(Entered: 12/18/2014)

12/22/2014

58 Motion for Leave to File Sur−Reply Brief re: 56 Brief in Reply by Plaintiff Patricia
Williams. Response due 12/29/2014. (Attachments:
# 1 Plaintiff's Sur−Reply Brief) (Cunha, Jennifer) Modified on 12/23/2014: Changed
event from Miscellaneous Relief to Motion for Leave to File. (lak) (Entered:
12/22/2014)

12/22/2014

59 Brief in Sur−Reply by Plaintiff Patricia Williams re: 46 Motion for Summary
Judgment filed by WI Dept of Workforce Development. (Cunha, Jennifer) (Entered:
12/22/2014)

02/25/2015

60 ORDER granting 46 Motion for Summary Judgment with respect to plaintiff's claim
under the Equal Pay Act; denying 58 Motion for leave to file a surreply. Plaintiff may
have until March 12, 2015 to file and serve supplemental materials with respect to her
claim under the Fair Labor Standards Act. Signed by District Judge Barbara B. Crabb
on 2/25/2015. (jef) (Entered: 02/25/2015)

03/12/2015

61 Disregard. See 63 . Modified on 3/13/2015. (lak) (Entered: 03/12/2015)

03/12/2015

62 Supplement to 1 Complaint, filed by Patricia Williams, 60 Order on Motion for
Summary Judgment, Order on Motion for Leave to File, (Attachments:
# 1 Exhibit 1 − Plaintiff's Payment Records from DWD−DVR) (Cunha, Jennifer)
Modified on 3/13/2015. (lak) (Entered: 03/12/2015)

03/13/2015

63 Notice of Appearance of Co−Counsel Bridget Laurent filed by Bridget Laurent for
Plaintiff Patricia Williams. (Laurent, Bridget) (Entered: 03/13/2015)

04/01/2015

Supplement to Plaintiff's FLSA Claims. (arw) (Entered: 04/01/2015)

04/03/2015

64 ORDER that plaintiff Patricia Williams's claim under the Fair Labor Standards Act
will be allowed to proceed to trial. The parties may have until May 1, 2015 to file trial
briefs as described in this order. If either side wishes to file a response, they may have
until May 15, 2015, to do so. Signed by District Judge Barbara B. Crabb on 4/3/2015.
(jef) (Entered: 04/03/2015)

04/06/2015

65 Motion for Reconsideration re: 64 Order of April 3, 2015 Allowing Plaintiff's Case to
Proceed, by Defendant WI Dept of Workforce Development. Response due 4/13/2015.
(Sweeney, John) Modified on 4/7/2015. (lak) (Entered: 04/06/2015)

04/13/2015

66 Brief in Opposition by Plaintiff Patricia Williams re: 65 Motion for Reconsideration
filed by WI Dept of Workforce Development. (Cunha, Jennifer) (Entered: 04/13/2015)

04/16/2015

67 Brief in Reply by Defendant WI Dept of Workforce Development in Support of 65
Motion for Reconsideration. (Sweeney, John) (Entered: 04/16/2015)

04/17/2015

68 ORDER granting 65 Motion for Reconsideration (properly construed as a motion for
summary judgment). Signed by District Judge Barbara B. Crabb on 4/17/15. (jls)
(Entered: 04/17/2015)

04/17/2015

69 JUDGMENT IN A CIVIL CASE. Judgment entered in favor of defendant WI Dept of
Workforce Development against plaintiff Patricia Williams. Signed by District Judge
Barbara B. Crabb on 4/17/15. (jls) (Entered: 04/17/2015)

08/18/2017

70 NOTICE OF APPEAL and Motion for Extension of Time by Plaintiff Patricia
Williams as to 68 Order, 69 Judgment. In forma pauperis pending. No Docketing
Statement filed. (Attachments:
# 1 Envelope) (nln) (Entered: 08/18/2017)

08/18/2017

71 Appeal Information Packet. (nln) (Entered: 08/18/2017)