Black Earth Meat Market, LLC et al v. Village Of Black Earth et al

Filing 127

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 124 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Judgment, # 4 Docket Sheet) (lak)

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3015, APPEAL, BILL_OF_COSTS, CLOSED, DECLINE_MJ, PROTECTIVE_ORDER, SPM,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:14-cv-00674-bbc

Black Earth Meat Market, LLC et al v. Village Of Black Earth et
al
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Civil Rights Act

Date Filed: 10/02/2014
Date Terminated: 11/20/2015
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Black Earth Meat Market, LLC

represented by Christopher J. Dodge
Fuhrman & Dodge SC
2009 W Beltline Hwy Ste 102
Madison, WI 53713-2306
608-327-4202
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Todd Michael Pfeil
Pfeil, Millonzi & Curran, S.C.
1104 Mills Street
P.O. Box 348
Black Earth, WI 53515
608-767-1505
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brittany Anne Wilson
Fuhrman & Dodge SC
2009 W Beltline Hwy Ste 102
Madison, WI 53713-2306
608-257-4812
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Danielle Elizabeth Baudhuin
Fuhrman & Dodge, S.C.
2501 Parmenter Street

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Suite 200B
Middleton, WI 53562
608-327-4211
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Plaintiff
Kemper Bartlett Durand, Jr.

represented by Christopher J. Dodge
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Todd Michael Pfeil
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brittany Anne Wilson
(See above for address)
ATTORNEY TO BE NOTICED
Danielle Elizabeth Baudhuin
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Village Of Black Earth

represented by Lori Marie Lubinsky
Axley Brynelson, LLP
Two East Mifflin Street, Ste. 200
P.O. Box 1767
Madison, WI 53701
608-257-5661
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Richard Hunt
Axley Brynelson
2 E Mifflin St
Ste 200
P.O. Box 1767
Madison, WI 53703
608-260-2489

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Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
Patrick Troge

represented by Lori Marie Lubinsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Richard Hunt
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Patrick Frey

represented by Lori Marie Lubinsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Richard Hunt
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Ted Pritchett

represented by Lori Marie Lubinsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Richard Hunt
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Thomas Parrell

represented by Lori Marie Lubinsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Richard Hunt
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
James Coyle

represented by Lori Marie Lubinsky
(See above for address)
LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Eric Richard Hunt
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Beth Marty

represented by Lori Marie Lubinsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Richard Hunt
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Walt Miller

represented by Lori Marie Lubinsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Richard Hunt
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

10/03/2014

1 NOTICE OF REMOVAL from Dane County Circuit Court, Case Number
2014CV1905. (Filing fee $400 receipt number 0758-1422615), filed by All
Defendants. (Attachments:
# 1 Exhibit - Amended Complaint with Exhibits, Dane Co Case #14CV1905 (1 of
2),
# 2 Exhibit - Amended Complaint with Exhibits, Dane Co Case #14CV1905 (2 of
2),
# 3 JS-44 Civil Cover Sheet) (Lubinsky, Lori) Modified on 10/3/2014. (lak)
(Entered: 10/03/2014)

10/03/2014

Standard attachments for Magistrate Judge Stephen L. Crocker required to be
served on all parties with summons or waiver of service: Corporate Disclosure
Statement, Order Regarding Assignment of Civil Cases, Notice of Assignment to
a Magistrate Judge and Consent/Request for Reassignment, Order on Dispositive
Motions. (jat) (Entered: 10/03/2014)

10/03/2014

Set Telephone Conference: Telephone Pretrial Conference set for 10/30/2014 at
02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff
responsible for setting up the call to chambers at [phone]. [Standing

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Order Governing Preliminary Pretrial Conference attached] (jat) (Entered:
10/03/2014)
10/03/2014

2 ANSWER by Defendants James Coyle, Patrick Frey, Beth Marty, Walt Miller,
Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of Black Earth. (Lubinsky,
Lori) (Entered: 10/03/2014)

10/03/2014

3 Corporate Disclosure Statement by Defendants James Coyle, Patrick Frey, Beth
Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of
Black Earth. (Lubinsky, Lori) (Entered: 10/03/2014)

10/06/2014

Case randomly reassigned to District Judge James D. Peterson and Magistrate
Judge Stephen L. Crocker. (cak) (Entered: 10/06/2014)

10/08/2014

4 Notice of Appearance for Fuhrman + Dodge, S.C., filed by Brittany Anne Wilson
for Plaintiffs Black Earth Meat Market, LLC, Kemper Bartlett Durand, Jr.
(Wilson, Brittany) (Entered: 10/08/2014)

10/08/2014

5 Corporate Disclosure Statement by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. (Wilson, Brittany) (Entered: 10/08/2014)

10/10/2014

6 Record from Dane County Circuit Court, Case No. 14CV1905. (Attachments:
# 1 Civil Court Record,
# 2 Summons and Complaint,
# 3 Amended Summons and Complaint,
# 4 Affidavits of Service,
# 5 Transcript of Village Board Meeting 7/10/2013,
# 6 Notice of Removal) (arw) (Entered: 10/14/2014)

10/24/2014

7 Report of Rule 26(f) Planning Meeting. (Lubinsky, Lori) (Entered: 10/24/2014)

10/30/2014

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 10/30/2014 [:10] (cak)
(Entered: 10/30/2014)

11/04/2014

8 Pretrial Conference Order - Amendments to Pleadings due 12/12/2014.
Dispositive Motions due 8/14/2015. Settlement Letters due 11/20/2015. Motions
in Limine due 12/4/2015. Response to Motion due 12/18/2015. Final Pretrial
Conference set for 1/13/2016 at 04:00 PM. Jury Selection and Trial set for
1/19/2016 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
11/3/14. (jat) (Entered: 11/04/2014)

11/10/2014

9 ORDER Reassigning Case. Case reassigned to District Judge Barbara B. Crabb
for all further proceedings. District Judge James D. Peterson no longer assigned
to case. Signed by District Judge William M. Conley on 11/7/2014. (lak)
(Entered: 11/10/2014)

12/12/2014

10 Rule 26 Initial Disclosure Report by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr., (Attachments:
# 1 Exhibit A - Customer List Dated 12/3/2014) (Wilson, Brittany) Modified on
12/15/2014 to add exhibit description. (lak) (Entered: 12/12/2014)

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12/12/2014

11 SECOND AMENDED COMPLAINT against All Defendants, filed by All
Plaintiffs. (Attachments:
# 1 Summons) (Wilson, Brittany) Modified on 12/15/2014 (jat). Attached
summons was not issued. Attorney instructed to use summons form. (Entered:
12/12/2014)

12/12/2014

12 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit A (Part 1) - Transcript of 7/10/2013 Village
Board Meeting. (Wilson, Brittany) Modified on 12/15/2014 to add exhibit
description. (lak) (Entered: 12/12/2014)

12/12/2014

13 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit A (Part 2) - Transcript of 7/10/2013 Village
Board Meeting. (Wilson, Brittany) Modified on 12/15/2014 to add exhibit
description. (lak) (Entered: 12/12/2014)

12/12/2014

14 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit B - Transcript of 7/17/2013 Village Police
Committee Meeting. (Wilson, Brittany) Modified on 12/15/2014 to add exhibit
description. (lak) (Entered: 12/12/2014)

12/12/2014

15 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit C - Copies of Citations. (Wilson, Brittany)
Modified on 12/15/2014 to add exhibit description. (lak) (Entered: 12/12/2014)

12/12/2014

16 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit D - Letter Dated 12/11/2013. (Wilson, Brittany)
Modified on 12/15/2014 to add exhibit description. (lak) (Entered: 12/12/2014)

12/12/2014

17 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit E - Letter Dated 7/24/2014. (Wilson, Brittany)
Modified on 12/15/2014 to add exhibit description. (lak) (Entered: 12/12/2014)

12/12/2014

18 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit F - Letter Dated 8/4/2014. Exhibit G Transcript of 7/2/2014 Village Board Meeting. (Wilson, Brittany) Modified on
12/15/2014 to add exhibit descriptions. (lak) (Entered: 12/12/2014)

12/12/2014

19 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit H - E-mail Dated 7/21/2014. Exhibit I - Notice
of Circumstances Giving Rise to Claims for Damages and Attachments. (Wilson,
Brittany) Modified on 12/15/2014 to add exhibit descriptions. (lak) (Entered:
12/12/2014)

12/12/2014

20 Exhibit to 11 Amended Complaint filed by Kemper Bartlett Durand, Jr., Black
Earth Meat Market, LLC. Exhibit J - Letter Dated 1/8/2014. Exhibit K Wisconsin State Journal Article. Exhibit L - News-Sickle-Arrow Article. Exhibit
M - Website Posting. Exhibit N - Decision from Dane County Circuit Court.
(Wilson, Brittany) Modified on 12/15/2014 to add exhibit descriptions. (lak)
(Entered: 12/12/2014)

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12/15/2014

21 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant Village of Black Earth. (Wilson,
Brittany) Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

22 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant Patrick Troge. (Wilson, Brittany)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

23 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant Patrick Frey. (Wilson, Brittany)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

24 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant Ted Pritchett. (Wilson, Brittany)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

25 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant Thomas Parrell. (Wilson, Brittany)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

26 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant James Coyle. (Wilson, Brittany)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

27 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant Beth Marty. (Wilson, Brittany)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

28 Request for Issuance of Summons by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. as to Defendant Walt Miller. (Wilson, Brittany)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/16/2014

29 Summons Issued as to James Coyle, Patrick Frey, Beth Marty, Walt Miller,
Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of Black Earth.
(Attachments:
# 1 Summons Troge,
# 2 Summons Pritchett,
# 3 Summons Parrell,
# 4 Summons Miller,
# 5 Summons Marty,
# 6 Summons Frey,
# 7 Summons Coyle) (jat) (Entered: 12/16/2014)

12/23/2014

30 ANSWER to Second Amended Complaint by Defendants James Coyle, Patrick
Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge,
Village Of Black Earth. (Lubinsky, Lori) (Entered: 12/23/2014)

01/12/2015

31 Affidavit of Service by Plaintiff. James Coyle served on 1/6/2015, answer due
1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

01/12/2015

32 Affidavit of Service by Plaintiff. Village Of Black Earth served on 1/6/2015,
answer due 1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

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01/12/2015

33 Affidavit of Service by Plaintiff. Patrick Frey served on 1/6/2015, answer due
1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

01/12/2015

34 Affidavit of Service by Plaintiff. Beth Marty served on 1/6/2015, answer due
1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

01/12/2015

35 Affidavit of Service by Plaintiff. Walt Miller served on 1/6/2015, answer due
1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

01/12/2015

36 Affidavit of Service by Plaintiff. Thomas Parrell served on 1/6/2015, answer due
1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

01/12/2015

37 Affidavit of Service by Plaintiff. Ted Pritchett served on 1/6/2015, answer due
1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

01/12/2015

38 Affidavit of Service by Plaintiff. Patrick Troge served on 1/6/2015, answer due
1/27/2015. (Wilson, Brittany) (Entered: 01/12/2015)

01/22/2015

39 Stipulation to Amend Preliminary Pretrial Conference Order by Defendants
James Coyle, Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted
Pritchett, Patrick Troge, Village Of Black Earth. (Lubinsky, Lori) Modified on
1/22/2015. (lak) (Entered: 01/22/2015)

01/22/2015

40 Amended Answer to 11 Second Amended Complaint by Defendants James
Coyle, Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett,
Patrick Troge, Village Of Black Earth. (Lubinsky, Lori) Modified on 1/23/2015.
(lak) (Entered: 01/22/2015)

01/23/2015

41 ** TEXT ONLY ORDER **
The parties' stipulation 39 to extend the date by which they may amend their
pleadings without leave of court is DENIED. The parties still make seek leave to
amend their pleadings pursuant to Rule 15, and the court will freely grant leave as
justice requires. At this point in the schedule, the court is the gatekeeper of any
proposed amendments. Signed by Magistrate Judge Stephen L. Crocker on
1/22/2015. (voc) (Entered: 01/23/2015)

01/30/2015

42 Motion for Leave to File Amended Answer by Defendants James Coyle, Patrick
Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge,
Village Of Black Earth. (Lubinsky, Lori) (Entered: 01/30/2015)

01/30/2015

Set Deadlines as to 42 Motion for Leave to File Amended Answer. Response due
2/6/2015. (jat) (Entered: 01/30/2015)

02/18/2015

43 ORDER granting 42 Motion for Leave to Amend the Answer. Signed by District
Judge Barbara B. Crabb on 2/18/15. (jat) (Entered: 02/18/2015)

02/24/2015

44 Notice of Appearance filed by Eric Richard Hunt for Defendants James Coyle,
Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick
Troge, Village Of Black Earth. (Hunt, Eric) (Entered: 02/24/2015)

03/24/2015

45 Motion for Leave to File Amended Complaint by Plaintiffs Black Earth Meat
Market, LLC, Kemper Bartlett Durand, Jr. (Wilson, Brittany) (Entered:
03/24/2015)

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03/25/2015

Set Deadlines as to 45 Motion for Leave to File Amended Complaint. Response
due 4/1/2015. (jat) (Entered: 03/25/2015)

04/06/2015

46 ORDER denying without prejudice 45 Motion for Leave to File Amended
Complaint. Signed by District Judge Barbara B. Crabb on 4/6/15. (jls) (Entered:
04/06/2015)

04/07/2015

47 Amended Rule 26 Initial Disclosure Report by Plaintiffs Black Earth Meat
Market, LLC, Kemper Bartlett Durand, Jr (Attachments:
# 1 Exhibit A - Customer List) (Wilson, Brittany) (Entered: 04/07/2015)

04/30/2015

48 Motion for Leave to File Third Amended Complaint by Plaintiffs Black Earth
Meat Market, LLC, Kemper Bartlett Durand, Jr. (Attachments:
# 1 Proposed Third Amended Complaint,
# 2 Exhibits A-F and I-K,
# 3 Exhibits G and H) (Wilson, Brittany) Modified on 5/1/2015. (lak) (Entered:
04/30/2015)

05/13/2015

Set/Reset Briefing Deadlines as to 48 Motion for Leave to File Third Amended
Complaint. Brief in Opposition due 5/20/2015. (lak) (Entered: 05/13/2015)

06/15/2015

49 ORDER that the motion for leave to file a third amended complaint by plaintiffs
Black Earth Meat Market, LLC and Kemper Bartlett Durand, dkt. # 48 , is
GRANTED with respect to plaintiffs' motion to add takings and inverse
condemnation claims under article 1, section 13 of the Wisconsin Constitution
and to remove their defamation claim. The motion is DENIED with respect to the
remaining proposed claims arising under the Wisconsin Constitution. Signed by
District Judge Barbara B. Crabb on 6/15/15. (jls) (Entered: 06/15/2015)

06/16/2015

50 THIRD AMENDED COMPLAINT (with court approval) against All
Defendants, filed by All Plaintiffs. (Attachments:
# 1 Exhibit A - July 10, 2013 Transcript,
# 2 Exhibit B - July 17, 2013 Transcript,
# 3 Exhibit C - Citation Exhibit,
# 4 Exhibit D - Decision and Order on Defendant's Motion for Summary
Judgment,
# 5 Exhibit E - Village Ltr. 12.11.2013,
# 6 Exhibit F - WI Heights School District Letter 07 24 14 Open Records
Request,
# 7 Exhibit G, H - School District response dated August 4, 2014 (Ex. G) & July
2, 2014 Transcript (Ex. H),
# 8 Exhibit I - Email between New Glarus Bank and BEM dated 7.21.14,
# 9 Exhibit J - Notice of Claim dated 12.23.13,
# 10 Exhibit K - Denial of Notice of Claim dated 1.8.14) (Wilson, Brittany)
Modified on 6/23/2015. (lak) (Entered: 06/16/2015)

06/26/2015

51 Expert Report of Paul Evert by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr., (Attachments:
# 1 Exhibit A - Paul Evert Resume,
# 2 Exhibit B - Sun Prairie Ordinances,

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# 3 Exhibit C - HNTB Relocation Report,
# 4 Exhibit D - Black Earth Ordinances) (Wilson, Brittany) Modified on
6/29/2015. (lak) (Entered: 06/26/2015)
06/30/2015

52 ANSWER to Third Amended Complaint by Defendants James Coyle, Patrick
Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge,
Village Of Black Earth. (Hunt, Eric) Modified on 7/1/2015. (lak) (Entered:
06/30/2015)

07/02/2015

53 Affidavit of Service by Plaintiff. Beth Marty served on 6/27/2015, answer due
7/20/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/02/2015

54 Affidavit of Service by Plaintiff. James Coyle served on 6/26/2015, answer due
7/17/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/02/2015

55 Affidavit of Service by Plaintiff. Patrick Frey served on 7/1/2015, answer due
7/22/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/02/2015

56 Affidavit of Service by Plaintiff. Patrick Troge served on 6/26/2015, answer due
7/17/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/02/2015

57 Affidavit of Service by Plaintiff. Ted Pritchett served on 6/26/2015, answer due
7/17/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/02/2015

58 Affidavit of Service by Plaintiff. Thomas Parrell served on 6/27/2015, answer due
7/20/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/02/2015

59 Affidavit of Service by Plaintiff. Walt Miller served on 6/26/2015, answer due
7/17/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/02/2015

60 Affidavit of Service by Plaintiff. Village Of Black Earth served on 6/19/2015,
answer due 7/10/2015. (Wilson, Brittany) (Entered: 07/02/2015)

07/27/2015

61 Stipulated Motion for Protective Order by Plaintiffs Black Earth Meat Market,
LLC, Kemper Bartlett Durand, Jr. (Wilson, Brittany) (Entered: 07/27/2015)

07/28/2015

62 ** TEXT ONLY ORDER **
The parties' jointly-submitted stipulated protective order is accepted and entered
by the court with this edit: in the definition of "confidential information" in
numbered paragraph 1(a), the phrase "in good faith, believes is used by it" is
deleted and replaced with the word "uses." This edit makes the definition
objective, as required by circuit law. Signed by Magistrate Judge Stephen L.
Crocker on 7/28/2015. (jls) (Entered: 07/28/2015)

08/03/2015

63 Motion for Extension of Time to File Dispositive Motions by Defendants James
Coyle, Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett,
Patrick Troge, Village Of Black Earth. (Hunt, Eric) Modified on 8/4/2015. (lak)
(Entered: 08/03/2015)

08/06/2015

64 ** TEXT ONLY ORDER **
ORDER granting 63 Motion for Extension of Time to File Dispositive Motions.
Dispositive Motions due 8/28/2015. Signed by Magistrate Judge Stephen L.
Crocker on 8/6/2015. (jls) (Entered: 08/06/2015)

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08/26/2015

65 Disregard. Form is blank. Modified on 8/26/2015. (lak) (Entered: 08/26/2015)

08/26/2015

66 Disregard. See 67 . Modified on 8/26/2015. (lak) (Entered: 08/26/2015)

08/26/2015

67 Notice of Appearance (Amended) filed by Danielle Elizabeth Baudhuin for
Plaintiffs Black Earth Meat Market, LLC, Kemper Bartlett Durand, Jr.
(Baudhuin, Danielle) Modified on 8/27/2015. (lak) (Entered: 08/26/2015)

08/28/2015

68 Deposition of Shellie Benish taken on 08/12/2015. (Lubinsky, Lori) (Entered:
08/28/2015)

08/28/2015

69 Deposition of Kemper Bartlett Durand, Jr. taken on 06/08/2015- Vol 1, (Sealed
Document) (Attachments:
# 1 Deposition of Kemper Bartlett Durand, Jr. taken on 7/27/2015, Vol. 2,
# 2 Deposition of Kemper Bartlett Durand, Jr. taken on 8/12/2015, Vol. 3)
(Lubinsky, Lori) Modified on 8/31/2015: This docket entry contains three
depositions; added descriptions. (lak) (Entered: 08/28/2015)

08/28/2015

70 Deposition of Paul Evert taken on 08/03/2015. (Lubinsky, Lori) (Entered:
08/28/2015)

08/28/2015

71 Deposition of Patrick Troge taken on 08/04/2015. (Lubinsky, Lori) (Entered:
08/28/2015)

08/28/2015

72 Disregard. See 90 . Modified on 8/31/2015. (lak) (Entered: 08/28/2015)

08/28/2015

73 MOTION FOR SUMMARY JUDGMENT by Defendants James Coyle,
Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick
Troge, Village Of Black Earth. Brief in Opposition due 9/28/2015. Brief in Reply
due 10/13/2015. (Hunt, Eric) (Entered: 08/28/2015)

08/28/2015

74 MOTION FOR SUMMARY JUDGMENT by Plaintiff Kemper Bartlett
Durand, Jr. Brief in Opposition due 9/28/2015. Brief in Reply due 10/13/2015.
(Wilson, Brittany) Modified on 8/31/2015: See 77 for Amended Motion for
Summary Judgment. (lak) (Entered: 08/28/2015)

08/28/2015

75 Affidavit of Eric R. Hunt filed by Defendants James Coyle, Patrick Frey, Beth
Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of
Black Earth in Support re: 73 Motion for Summary Judgment, (Sealed
Document) (Attachments:
# 1 Exhibit 1 - Durand Deposition Exhibit 1,
# 2 Exhibit 2 - Durand Deposition Exhibit 2,
# 3 Exhibit 3 - Durand Deposition Exhibit 20,
# 4 Exhibit 4 - Durand Deposition Exhibit 27,
# 5 Exhibit 5 - Durand Deposition Exhibit 28,
# 6 Exhibit 6 - Durand Deposition Exhibit 29,
# 7 Exhibit 7 - Durand Deposition Exhibit 38,
# 8 Exhibit 8 - Durand Deposition Exhibit 53,
# 9 Exhibit 9 - Durand Deposition Exhibit 54,
# 10 Exhibit 10 - Durand Deposition Exhibit 56,
# 11 Exhibit 11 - Durand Deposition Exhibit 57,
# 12 Exhibit 12 - Durand Deposition Exhibit 58,

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# 13 Exhibit 13 - Durand Deposition Exhibit 59,
# 14 Exhibit 14 - Durand Deposition Exhibit 60,
# 15 Exhibit 15 - Durand Deposition Exhibit 61,
# 16 Exhibit 16 - Durand Deposition Exhibit 64,
# 17 Exhibit 17 - Durand Deposition Exhibit 65,
# 18 Exhibit 18 - Durand Deposition Exhibit 66,
# 19 Exhibit 19 - Durand Deposition Exhibit 67,
# 20 Exhibit 20 - Durand Deposition Exhibit 68,
# 21 Exhibit 21 - Durand Deposition Exhibit 69,
# 22 Exhibit 22 - Durand Deposition Exhibit 70,
# 23 Exhibit 23 - Durand Deposition Exhibit 71,
# 24 Exhibit 24 - Durand Deposition Exhibit 106,
# 25 Exhibit 25 - Durand Deposition Exhibit 108,
# 26 Exhibit 26 - Durand Deposition Exhibit 109,
# 27 Exhibit 27 - Durand Deposition Exhibit 110,
# 28 Exhibit 28 - Durand Deposition Exhibit 115,
# 29 Exhibit 29 - Durand Deposition Exhibit 119,
# 30 Exhibit 30 - Troge Deposition Exhibit 100,
# 31 Exhibit 31 - Frey Deposition Exhibit 79,
# 32 Exhibit 32 - Dane County Sheriff's Report,
# 33 Exhibit 33 - Letter (3/6/13) from Millonzi Law to Plaintiff) (Hunt, Eric)
Modified on 8/31/2015. (lak) (Entered: 08/28/2015)
08/28/2015

76 Stipulated Proposed Findings of Fact filed by Defendants James Coyle, Patrick
Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge,
Village Of Black Earth re: 73 Motion for Summary Judgment. (Hunt, Eric)
(Entered: 08/28/2015)

08/28/2015

77 Amended Document (Motion for Summary Judgment) by Plaintiffs Black Earth
Meat Market, LLC, Kemper Bartlett Durand, Jr. (Wilson, Brittany) Modified on
8/31/2015. (lak) (Entered: 08/28/2015)

08/28/2015

78 Redaction 75 Affidavit, by Defendants James Coyle, Patrick Frey, Beth Marty,
Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of Black Earth,
(Attachments:
# 1 Durand Deposition Exhibit 1,
# 2 Durand Deposition Exhibit 2,
# 3 Durand Deposition Exhibit 20,
# 4 Durand Deposition Exhibit 27,
# 5 Durand Deposition Exhibit 28,
# 6 Durand Deposition Exhibit 29,
# 7 Durand Deposition Exhibit 38,
# 8 Durand Deposition Exhibit 53,
# 9 Durand Deposition Exhibit 54,
# 10 Durand Deposition Exhibit 56,
# 11 Durand Deposition Exhibit 57,
# 12 Durand Deposition Exhibit 58,
# 13 Durand Deposition Exhibit 59,
# 14 Durand Deposition Exhibit 60,

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# 15 Durand Deposition Exhibit 61,
# 16 Durand Deposition Exhibit 64,
# 17 Durand Deposition Exhibit 65,
# 18 Durand Deposition Exhibit 66,
# 19 Durand Deposition Exhibit 67,
# 20 Durand Deposition Exhibit 68,
# 21 Durand Deposition Exhibit 69,
# 22 Durand Deposition Exhibit 70,
# 23 Durand Deposition Exhibit 71,
# 24 Durand Deposition Exhibit 106,
# 25 Durand Deposition Exhibit 108,
# 26 Durand Deposition Exhibit 109,
# 27 Durand Deposition Exhibit 110,
# 28 Durand Deposition Exhibit 115,
# 29 Durand Deposition Exhibit 119,
# 30 Troge Deposition Exhibit 100,
# 31 Frey Deposition Exhibit 79,
# 32 Exhibit - Dane County Sheriff's Report,
# 33 Exhibit - Letter (3/16/13) from Millonzi Law to Plaintiff) (Hunt, Eric)
Modified on 8/31/2015. (lak) (Entered: 08/28/2015)
08/28/2015

79 Affidavit of Todd M. Pfeil filed by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr re: 74 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 - Citations,
# 2 Exhibit 2 - Letter dated January 27, 2011,
# 3 Exhibit 3 - Correspondence dated December 27, 2012,
# 4 Exhibit 4 - E-mail dated June 12, 2013,
# 5 Exhibit 5 - Transcript from July 10, 2013,
# 6 Exhibit 6 - Transcript from July 17, 2013,
# 7 Exhibit 7 - Violation notice dated July 18, 2013,
# 8 Exhibit 8 - Letter dated August 8, 2013,
# 9 Exhibit 9 - Letter dated August 8, 2013,
# 10 Exhibit 10 - Letter dated November 11, 2013.pdf,
# 11 Exhibit 11 - Letter dated November 11, 2013,
# 12 Exhibit 12 - Letter dated December 11, 2013,
# 13 Exhibit 13 - Notice of Claim dated December 23, 2013,
# 14 Exhibit 14 - Letter dated January 8, 2014,
# 15 Exhibit 15 - Transcript from April 21, 2014 Municipal Trial,
# 16 Exhibit 16 - Transcript from April 22, 2014 Municipal Trial,
# 17 Exhibit 17 - Motion of BE Meats dated July 2, 2014,
# 18 Exhibit 18 - Open Records Request dated July 24, 2014,
# 19 Exhibit 19 - Response to Open Records Request dated August 4, 2015,
# 20 Exhibit 20 - E-mails and letters from BE Meats customers,
# 21 Exhibit 21 - E-mail dated July 19, 2013,
# 22 Exhibit 22 - E-mails dated September 10, 2013 through September 16, 2013,
# 23 Exhibit 23 - Memorandum dated May 21, 2013,
# 24 Exhibit 24 - E-mail dated July 31, 2013,
# 25 Exhibit 25 - Village Board Meeting Agenda dated December 10, 2013,

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# 26 Exhibit 26 - Village Board Meeting Minutes for December 10, 2013
Meeting,
# 27 Exhibit 27 - Village Board Meeting Minutes for September 11, 2013
Meeting,
# 28 Exhibit 28 - Village Board Meeting Agenda dated June 26, 2014,
# 29 Exhibit 29 - Village Board Meeting Minutes for June 26, 2014 Meeting,
# 30 Exhibit 30 - Village Board Meeting Agenda dated July 2, 2014,
# 31 Exhibit 31 - Village Board Meeting Agenda dated July 10, 2014,
# 32 Exhibit 32 - Document dated December 10, 2013 from Economic
Development Partners) (Wilson, Brittany) Modified on 8/31/2015. (lak) (Entered:
08/28/2015)
08/28/2015

80 Proposed Findings of Fact filed by Defendants James Coyle, Patrick Frey, Beth
Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of
Black Earth re: 73 Motion for Summary Judgment. (Hunt, Eric) Modified on
8/31/2015. (lak) (Entered: 08/28/2015)

08/28/2015

81 Brief in Support of 73 Motion for Summary Judgment by Defendants James
Coyle, Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett,
Patrick Troge, Village Of Black Earth. (Hunt, Eric) Modified on 8/31/2015. (lak)
(Entered: 08/28/2015)

08/28/2015

82 Affidavit of Ron Schaaf filed by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr re: 74 Motion for Summary Judgment, (Sealed
Document) (Attachments:
# 1 Exhibit A - Commitment dated 8.12.13,
# 2 Exhibit B - Letter dated 1.2.14,
# 3 Exhibit C - Letter dated 1.7.14,
# 4 Exhibit D - Letter dated 1.30.14,
# 5 Exhibit E - Letter dated 6.30.14,
# 6 Exhibit F - Letter dated 7.21.14,
# 7 Exhibit G - Letter dated 8.29.14) (Wilson, Brittany) Modified on 8/31/2015.
(lak) (Entered: 08/28/2015)

08/28/2015

83 Redaction to 82 Affidavit of Ron Schaaf, (Attachments:
# 1 Exhibit A - Commitment dated 8.12.13,
# 2 Exhibit B - Letter dated 1.2.14,
# 3 Exhibit C - Letter dated 1.7.14,
# 4 Exhibit D - Letter dated 1.30.14,
# 5 Exhibit E - Letter dated 6.30.14,
# 6 Exhibit F - Letter dated 7.21.14,
# 7 Exhibit G - Letter dated 8.29.14) (Wilson, Brittany) Modified on 8/31/2015.
(lak) (Entered: 08/28/2015)

08/28/2015

84 Affidavit of Scott Patchin filed by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr. re: 74 Motion for Summary Judgment. (Wilson,
Brittany) (Entered: 08/28/2015)

08/28/2015

85 Stipulated Proposed Findings of Fact filed by Plaintiffs Black Earth Meat Market,
LLC, Kemper Bartlett Durand, Jr. re: 74 Motion for Summary Judgment.

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(Wilson, Brittany) Modified on 8/31/2015. (lak) (Entered: 08/28/2015)
08/28/2015

86 Disregard. Duplicate of 76 . Modified on 8/31/2015. (lak) (Entered: 08/28/2015)

08/28/2015

87 Affidavit of Kemper Bartlett Durand Jr. filed by Plaintiffs Black Earth Meat
Market, LLC, Kemper Bartlett Durand, Jr re: 74 Motion for Summary Judgment.
(Wilson, Brittany) (Entered: 08/28/2015)

08/28/2015

88 Brief in Support of 74 Motion for Summary Judgment by Plaintiffs Black Earth
Meat Market, LLC, Kemper Bartlett Durand, Jr. (Wilson, Brittany) (Entered:
08/28/2015)

08/28/2015

89 Proposed Findings of Fact filed by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr re: 74 Motion for Summary Judgment. (Wilson,
Brittany) (Entered: 08/28/2015)

08/31/2015

90 Deposition of Patrick Frey taken on 08/03/2015. (Wilson, Brittany) (Entered:
08/31/2015)

09/18/2015

91 Expert Report of Douglas Algar by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr., (Attachments:
# 1 Addendum 1 - Appraisal Engagement Letter,
# 2 Addendum 2 - Zoning Data,
# 3 Addendum 3 - Flood Plain Map,
# 4 Addendum 4 - Demolition Cost Factors,
# 5 Addendum 5 - Appraiser Qualifications) (Wilson, Brittany) Modified on
9/21/2015. (lak) (Entered: 09/18/2015)

09/18/2015

92 Second Expert Report of Douglas Algar, Supplemental by Plaintiffs Black Earth
Meat Market, LLC, Kemper Bartlett Durand, Jr. (Wilson, Brittany) (Entered:
09/18/2015)

09/18/2015

93 Expert Report of Jane Tereba by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr., (Sealed Document) (Attachments:
# 1 Exhibit A - List of Documents Reviewed,
# 2 Exhibit B - Credentials of Jane M. Tereba, CPA,
# 3 Exhibit C - Financial Information,
# 4 Exhibit D - Support for Projections Related to The Conscious Carnivore,
# 5 Exhibit E - Black Earth Meat Market - Labor and Animal Volume Analysis,
# 6 Exhibit F - Cost of Equity using Duff & Phelps Data,
# 7 Exhibit G - Company Specific Risk Premium,
# 8 Exhibit H - Discount Cash Flow Analysis,
# 9 Exhibit I - Assumptions and Limiting Conditions,
# 10 Exhibit J - Valuation Representation and Certification) (Wilson, Brittany)
Modified on 9/21/2015. (lak) (Entered: 09/18/2015)

09/18/2015

94 Redaction to 93 Expert Report of Jane Tereba by Plaintiffs Black Earth Meat
Market, LLC, Kemper Bartlett Durand, Jr., (Attachments:
# 1 Exhibit A - List of Documents Reviewed,
# 2 Exhibit B - Credentials of Jane M. Tereaba,
# 3 Exhibit C - Financial Information,

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# 4 Exhibit D - Support for Projections Related to The Conscious Carnivore,
# 5 Exhibit E - Black Earth Meat Market - Labor and Animal Volume Analysis,
# 6 Exhibit F - Cost of Equity using Duff & Phelps Data,
# 7 Exhibit G - Company Specific Risk Premium,
# 8 Exhibit H - Discount Cash Flow Analysis,
# 9 Exhibit I - Assumptions and Limiting Conditions,
# 10 Exhibit J - Valuation Representation and Certification) (Wilson, Brittany)
Modified on 9/21/2015. (lak) (Entered: 09/18/2015)
09/28/2015

95 Deposition of Scott Patchin taken on September 17, 2015. (Wilson, Brittany)
(Entered: 09/28/2015)

09/28/2015

96 Second Deposition of Scott Patchin taken on September 22, 2015. (Wilson,
Brittany) (Entered: 09/28/2015)

09/28/2015

97 Deposition of Ron Schaaf taken on September 20, 2015. (Wilson, Brittany)
(Entered: 09/28/2015)

09/28/2015

98 Deposition of James Kartman taken on September 17, 2015. (Wilson, Brittany)
(Entered: 09/28/2015)

09/28/2015

99 Response to Proposed Findings of Fact filed by Defendants James Coyle, Patrick
Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge,
Village Of Black Earth re: 74 Motion for Summary Judgment. (Hunt, Eric)
(Entered: 09/28/2015)

09/28/2015

100 Second Proposed Findings of Fact filed by Defendants James Coyle, Patrick Frey,
Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of
Black Earth re: 74 Motion for Summary Judgment. (Hunt, Eric) (Entered:
09/28/2015)

09/28/2015

101 Affidavit of Eric R. Hunt filed by Defendants James Coyle, Patrick Frey, Beth
Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of
Black Earth dated September 28, 2015 re: 74 Motion for Summary Judgment,
(Sealed Document) (Attachments:
# 1 Exhibit 1 - Transcript of July 10, 2014 Board Meeting,
# 2 Exhibit 2 - January 6, 2014 Letter from R. Schaaf to J. Kirking) (Hunt, Eric)
Modified on 9/29/2015. (lak) (Entered: 09/28/2015)

09/28/2015

102 Redaction to 101 Affidavit of Eric R. Hunt dated September 28, 2015 by
Defendants James Coyle, Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell,
Ted Pritchett, Patrick Troge, Village Of Black Earth, (Attachments:
# 1 Exhibit 1 - Transcript of July 10, 2014 Board Meeting,
# 2 Exhibit 2 - January 6, 2014 Letter from R. Schaaf to J. Kirking) (Hunt, Eric)
Modified on 9/29/2015. (lak) (Entered: 09/28/2015)

09/28/2015

103 Brief in Opposition by Defendants James Coyle, Patrick Frey, Beth Marty, Walt
Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of Black Earth re:
74 Motion for Summary Judgment, filed by Kemper Bartlett Durand, Jr. (Hunt,
Eric) (Entered: 09/28/2015)

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09/28/2015

104 Response to Proposed Findings of Fact filed by Plaintiffs Black Earth Meat
Market, LLC, Kemper Bartlett Durand, Jr re: 73 Motion for Summary Judgment.
(Wilson, Brittany) (Entered: 09/28/2015)

09/28/2015

105 Brief in Opposition by Plaintiffs Black Earth Meat Market, LLC, Kemper Bartlett
Durand, Jr re: 73 Motion for Summary Judgment, filed by James Coyle, Patrick
Frey, Thomas Parrell, Walt Miller, Ted Pritchett, Village Of Black Earth, Patrick
Troge, Beth Marty. (Wilson, Brittany) (Entered: 09/28/2015)

09/28/2015

106 Stipulated Findings of Fact by Plaintiffs Black Earth Meat Market, LLC, Kemper
Bartlett Durand, Jr. (Wilson, Brittany) Modified on 9/29/2015. (lak) (Entered:
09/28/2015)

09/28/2015

107 Affidavit of Kemper Bartlett Durand, Jr. filed by Plaintiffs Black Earth Meat
Market, LLC, Kemper Bartlett Durand, Jr re: 73 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 1 - Village of Black Earth Comprehensive Planning Public Opinion
Survey Report) (Wilson, Brittany) Modified on 9/29/2015. (lak) (Entered:
09/28/2015)

09/28/2015

108 Affidavit of Todd M. Pfeil filed by Plaintiffs Black Earth Meat Market, LLC,
Kemper Bartlett Durand, Jr re: 73 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 - Black Earth Meats Expansion Project,
# 2 Exhibit 2 - July 23, 2012 Email from Bartlett Durand to Tom Gorman,
# 3 Exhibit 3 - June 28, 2013 Letter from Tom Gorman to USDA,
# 4 Exhibit 4 - Email from Bartlett Durand to Ron Schaaf,
# 5 Exhibit 5 - June 30, 2014 Email from Bartlett Durand to Ron Schaaf
enclosing BE Meats Cash Flow Projections,
# 6 Exhibit 6 - January 6, 2014 Email from Justin Kirking to Ron Schaaf,
# 7 Exhibit 7 - EDP Consulting Agreement with Village of Black Earth) (Wilson,
Brittany) Modified on 9/29/2015. (lak) (Entered: 09/28/2015)

09/28/2015

109 Second Proposed Findings of Fact filed by Plaintiffs Black Earth Meat Market,
LLC, Kemper Bartlett Durand, Jr re: 73 Motion for Summary Judgment. (Wilson,
Brittany) (Entered: 09/28/2015)

10/13/2015

110 Response to Second Proposed Findings of Fact filed by Plaintiffs Black Earth
Meat Market, LLC, Kemper Bartlett Durand, Jr re: 74 Motion for Summary
Judgment. (Wilson, Brittany) Modified on 10/14/2015. (lak) (Entered:
10/13/2015)

10/13/2015

111 Reply in Support of Proposed Findings of Fact filed by Defendants James Coyle,
Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick
Troge, Village Of Black Earth re: 73 Motion for Summary Judgment. (Hunt, Eric)
Modified on 10/14/2015. (lak) (Entered: 10/13/2015)

10/13/2015

112 Response to Second Proposed Findings of Fact filed by Defendants James Coyle,
Patrick Frey, Beth Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick
Troge, Village Of Black Earth re: 73 Motion for Summary Judgment. (Hunt, Eric)
Modified on 10/14/2015. (lak) (Entered: 10/13/2015)

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10/13/2015

113 Affidavit of James Kartman filed by Defendants James Coyle, Patrick Frey, Beth
Marty, Walt Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of
Black Earth in Support re: 73 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 - 5/11/10 Letter to BEM and Dane County Sheriff from BE Police
Dept.,
# 2 Exhibit 2 - 12/30/12 Letter to BEM from BE Police Dept.,
# 3 Exhibit 3 - 7/18/13 Letter to BEM from BE Police Dept.) (Hunt, Eric)
Modified on 10/14/2015. (lak) (Entered: 10/13/2015)

10/13/2015

114 Brief in Reply by Defendants James Coyle, Patrick Frey, Beth Marty, Walt Miller,
Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of Black Earth in Support
of 73 Motion for Summary Judgment. (Hunt, Eric) Modified on 10/14/2015. (lak)
(Entered: 10/13/2015)

10/13/2015

115 Brief in Reply by Plaintiffs Black Earth Meat Market, LLC, Kemper Bartlett
Durand, Jr in Support of 74 Motion for Summary Judgment. (Wilson, Brittany)
(Entered: 10/13/2015)

10/13/2015

116 Reply in Support of Proposed Findings of Fact filed by Plaintiffs Black Earth
Meat Market, LLC, Kemper Bartlett Durand, Jr re: 74 Motion for Summary
Judgment. (Wilson, Brittany) (Entered: 10/13/2015)

10/20/2015

117 Motion for Leave to File Sur Reply, or, in the alternative, Motion to Strike by
Plaintiffs Black Earth Meat Market, LLC, Kemper Bartlett Durand, Jr.
(Attachments:
# 1 Exhibit A: Sur-Reply Brief) (Wilson, Brittany) (Entered: 10/20/2015)

10/26/2015

118 Brief in Opposition by Defendants James Coyle, Patrick Frey, Beth Marty, Walt
Miller, Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of Black Earth re:
117 Motion for Leave to File Sur Reply, or, in the alternative, Motion to Strike
filed by Kemper Bartlett Durand, Jr., Black Earth Meat Market, LLC. (Hunt,
Eric) Modified on 10/27/2015. (lak) (Entered: 10/26/2015)

11/18/2015

119 ORDER granting defendants' 73 Motion for Summary Judgment; denying
plaintiffs' 74 Motion for Summary Judgment; denying plaintiffs' 117 Motion for
Leave to File Sur-Reply, or in the alternative, Motion to Strike; dismissing with
prejudice plaintiffs' § 1983 claims based on defendants' alleged violation of
plaintiffs' rights under the Fourteenth Amendment's due process and equal
protection clauses and § 1983 claims based on defendants' alleged violation of
plaintiffs' rights under the Fifth Amendment's takings clause; and remanding
plaintiffs' state law claims to the Circuit Court for Dane County, Wisconsin.
Signed by District Judge Barbara B. Crabb on 11/18/2015. (jls) (Entered:
11/18/2015)

11/20/2015

120 JUDGMENT entered in favor of defendants dismissing plaintiffs' claims under 42
U.S.C. § 1983 based on defendants' alleged violation of plaintiffs' rights under the
due process and equal protection clauses of the Fourteenth Amendment and the
takings clause of the Fifth Amendment and remanding plaintiffs' state law claims
to the Circuit Court for Dane County, Wisconsin. (PAO/jls) (Entered: 11/20/2015)

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11/30/2015

121 Bill of Costs by Defendants James Coyle, Patrick Frey, Beth Marty, Walt Miller,
Thomas Parrell, Ted Pritchett, Patrick Troge, Village Of Black Earth. Motions
referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due
12/10/2015. Brief in Support to Bill of Costs due 12/21/2015. Brief in Reply in
Opposition to Bill of Costs due 12/28/2015. (Attachments:
# 1 Exhibit - Itemization/Invoices to BOC) (Lubinsky, Lori) (Entered:
11/30/2015)

12/10/2015

122 Objection to Bill of Costs by Plaintiffs Black Earth Meat Market, LLC, Kemper
Bartlett Durand, Jr re: 121 Bill of Costs filed by James Coyle, Patrick Frey,
Thomas Parrell, Walt Miller, Ted Pritchett, Village Of Black Earth, Patrick Troge,
Beth Marty. (Wilson, Brittany) (Entered: 12/10/2015)

12/10/2015

123 Affidavit of Brittany A. Wilson re: 121 Bill of Costs. (Wilson, Brittany) Modified
on 12/11/2015. (lak) (Entered: 12/10/2015)

12/18/2015

124 NOTICE OF APPEAL by Plaintiffs Black Earth Meat Market, LLC, Kemper
Bartlett Durand, Jr as to 120 Judgment,. Filing fee of $ 505, receipt number
0758-1705154 paid. Docketing Statement filed. (Wilson, Brittany) (Entered:
12/18/2015)

12/18/2015

125 Docketing Statement re: 124 Notice of Appeal. (Wilson, Brittany) (Entered:
12/18/2015)

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