Loertscher, Tamara v. Schimel, Brad D. et al

Filing 246

Transmission of Notice of Appeal, Opinion and Order, Judgment and Docket Shet to Seventh Circuit Court of Appeals re: 241 Notice of Appeal, (Attachments: # 1 Opinion and Order, # 2 Judgment, # 3 Docket Sheet) (lak)

APPEAL, CLOSED, EJT, PROTECTIVE_ORDER,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:14-cv-00870-jdp

Loertscher, Tamara v. Schimel, Brad D. et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Civil Rights Act

Date Filed: 12/15/2014
Date Terminated: 05/03/2017
Jury Demand: Defendant
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Tamara M. Loertscher

represented by Christopher G. Hanewicz
Perkins Coie LLP
One East Main St., Ste. 201
Madison, WI 53703
608-663-7460
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Danielle Grant-Keane
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-663-7460
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David J. Harth
Perkins Coie LLP
One East Main St., Ste. 201
Madison, WI 53703
608-663-7470
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Freya Kirsten Bowen
Perkins Coie LLP
One East Main Street
Suite 201
Madison, WI 53703-5118
608-663-7460

Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joshua L. Kaul
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-294-4007
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Truscenialyn Brooks
Perkins Coie LLP
One East Main Street
Suite 201
Madison, WI 53703-5118
608-663-7463
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Alyson Zureick
NYU School of Law
245 Sullivan St.
Furman Hall
Fl. 5
New York, NY 10012
212-992-7280
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Avram David Frey
NYU School of Law
245 Sullivan St. 512
New York, NY 10973
212-998-6464
Fax: [phone]
Email: [e-mail]
TERMINATED: 05/16/2016
David Richter Pekarek Krohn
Perkins Coie LLP
One East Main St., Ste. 201
Madison, WI 53703
608-663-7460
Fax: [phone]
Email: [e-mail]

ATTORNEY TO BE NOTICED
Farah Christina Diaz-Tello
National Advocates for Pregnant Women
15 West 36th Street
Suite 901
New York, NY 10018
212-255-9252 x31
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/04/2016
ATTORNEY TO BE NOTICED
Jeff J Bowen
Perkins Coie LLP
One East Main Street
Suite 201
Madison, WI 53703-5118
608-663-7461
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Jesse Jonas Bair
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-393-2524
Email: [e-mail]
ATTORNEY TO BE NOTICED
Laura Alyce Hecht-Felella
National Advocates for Pregnant Women
875 6th Avenue
Suite 1807
New York, NY 10001
212-255-9252 x33
Email: [e-mail]
TERMINATED: 11/04/2016
ATTORNEY TO BE NOTICED
Lynn Mara Paltrow
National Advocates for Pregnant Women
15 West 36th Street
Suite 901
New York, NY 10018
212-255-9252 x21
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Nancy Rosenbloom
National Advocates for Pregnant Women
875 6th Avenue
Suite 1807
New York, NY 10001
212-255-9252 x23
Email: [e-mail]
ATTORNEY TO BE NOTICED
Sara Lyle Ainsworth
National Advocates for Pregnant Women
15 West 36th Street
Suite 901
New York, NY 10018
212-255-9252 x25
Fax: [phone]
Email: [e-mail]
TERMINATED: 12/18/2015
Sarah E. Burns
NYU School of Law
245 Sullivan St. 507
New York, NY 10973
212-998-6464
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
V.
Defendant
J.B. Van Hollen
In his official capacity as Attorney General of
the State of Wisconsin
TERMINATED: 01/08/2015

represented by Karla Z. Keckhaver
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608-264-6365
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Maria S. Lazar
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707-7857
608-267-3519
Fax: [phone]
Email: [e-mail]
TERMINATED: 10/07/2015

Defendant

Eloise Anderson
In her official capacity as Secretary of the
Department of Children and Families

represented by Jennifer Lynn Vandermeuse
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
608-266-7741
Email: [e-mail]
ATTORNEY TO BE NOTICED
Jody J. Schmelzer
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Karla Z. Keckhaver
(See above for address)
ATTORNEY TO BE NOTICED
Luke Berg
State of Wisconsin Department of Justice
17 W. Main St.
Madison, WI 53707-7857
608-266-3056
Fax: [phone]
Email: [e-mail]
TERMINATED: 02/03/2016
Maria S. Lazar
(See above for address)
TERMINATED: 10/07/2015

Defendant
Brad D. Schimel
In his official capacity as Attorney General of
the State of Wisconsin

represented by Karla Z. Keckhaver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jennifer Lynn Vandermeuse
(See above for address)
ATTORNEY TO BE NOTICED
Jody J. Schmelzer
(See above for address)
ATTORNEY TO BE NOTICED
Luke Berg
(See above for address)
TERMINATED: 02/03/2016

Maria S. Lazar
(See above for address)
TERMINATED: 10/07/2015
Defendant
Taylor County

represented by Douglas S. Knott
Leib Knott Gaynor, LLC
219 N. Milwaukee Street, Suite 710
Milwaukee, WI 53202
414-276-2102
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan M. Wiesner
Leib Knott Gaynor LLC
219 N. Milwaukee St.
Suite 710
Milwaukee, WI 53202
414-276-2102
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Amber Fallos
In her Individual and Official Capacity
TERMINATED: 06/06/2016

represented by Douglas S. Knott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan M. Wiesner
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Liza Daleiden
In her Individual and Official Capacity
TERMINATED: 06/06/2016

represented by Douglas S. Knott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan M. Wiesner
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Julie Clarkson
In her Individual and Official Capacity
TERMINATED: 06/06/2016

represented by Douglas S. Knott
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ryan M. Wiesner
(See above for address)
ATTORNEY TO BE NOTICED
Amicus
American College of Obstetricians and
Gynecologists

Date Filed

#

represented by Jolene Melissa Forman
Drug Policy Alliance
1330 Broadway
Ste. 1426
Oakland, CA 94612
510-679-2316
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Text

12/15/2014

1 COMPLAINT against Eloise Anderson, J.B. Van Hollen. ( Filing fee $ 400 receipt number
0758-1466029.) (Sealed Document), filed by Tamara M. Loertscher. (Attachments:
# 1 Appendix to Complaint,
# 2 Exhibit A - 08/05/14 Motion Hearing Transcript,
# 3 Exhibit B - 08/05/14 Order for Temporary Physical Custody,
# 4 Exhibit C - 08/11/14 Notice of Motion and Motion for Remedial Contempt,
# 5 Exhibit D - 08/13/14 Motion to Take Expectant Mother Into Immediate Custody,
# 6 Exhibit E - 08/13/14 Order to Take Expectant Mother Into Immediate Custody,
# 7 Exhibit F - 08/25/14 Hearing re In the Interest of Unborn Child,
# 8 Exhibit G - 09/04/14 Adjourned Plea Hearing Motion Hearing Transcript,
# 9 Exhibit H - 09/08/14 Remedial Contempt Order and Order For Commitment,
# 10 Exhibit I - 09/29/14 Order Appointing Counsel,
# 11 Exhibit J - 09/22/14 Stipulation,
# 12 Exhibit K - 09/22/14 Order for Purge Modification and Release From Taylor County Jail,
# 13 Exhibit L - 09/22/14 Consent Decree,
# 14 Exhibit M - 09/24/14 Notice of Child Maltreatment Determination and Right to Appeal,
# 15 Exhibit N - 11/10/14 Appeal Request Determination,
# 16 JS-44 Civil Cover Sheet,
# 17 Summons J.B. Van Hollen,
# 18 Summons Eloise Anderson) (Bowen, Freya) (Entered: 12/15/2014)

12/15/2014

2 Motion to Seal by Plaintiff Tamara M. Loertscher. (Attachments:
# 1 Exhibit A - 11-24-14 Letter from F. Bowen to Taylor County Circuit Court) (Bowen, Freya)
Modified on 12/16/2014. (lak) (Entered: 12/15/2014)

12/15/2014

3 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 2 Motion to Seal filed by Tamara M.
Loertscher (Bowen, Freya) (Entered: 12/15/2014)

12/15/2014

4 Redaction to 1 Complaint, by Plaintiff Tamara M. Loertscher, (Attachments:
# 1 Appendix to Complaint,
# 2 Exhibit A - Redacted,
# 3 Exhibit B - Redacted,
# 4 Exhibit C - Redacted,
# 5 Exhibit D - Redacted,
# 6 Exhibit E - Redacted,

# 7 Exhibit F - Redacted,
# 8 Exhibit G - Redacted,
# 9 Exhibit H - Redacted,
# 10 Exhibit I - Redacted,
# 11 Exhibit J - Redacted,
# 12 Exhibit K - Redacted,
# 13 Exhibit L - Redacted,
# 14 Exhibit M - Redacted,
# 15 Exhibit N - Redacted,
# 16 JS-44 Civil Cover Sheet,
# 17 Summons J.B. Van Hollen,
# 18 Summons Elsoise Anderson) (Bowen, Freya) (Entered: 12/15/2014)
12/16/2014

Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L.
Crocker. (voc) (Entered: 12/16/2014)

12/16/2014

Standard attachments for Judge James D. Peterson required to be served on all parties with
summons or waiver of service: NORTC, Corporate Disclosure Statement. (voc) (Entered:
12/16/2014)

12/16/2014

5 Summons Issued as to Eloise Anderson, J.B. Van Hollen. (Attachments:
# 1 Summons Eloise Anderson) (voc) (Entered: 12/16/2014)

12/17/2014

6 ** TEXT ONLY ORDER **
ORDER Plaintiff's motion to seal 2 , which she is constrained to make under state law, is
granted at this time, subject to reconsideration by the court after further briefing by both sides.
Signed by Magistrate Judge Stephen L. Crocker on 12/17/2014. (voc) (Entered: 12/17/2014)

12/18/2014

7 Affidavit of Service by Plaintiff. J.B. Van Hollen served on 12/17/2014, answer due 1/7/2015.
(Bowen, Freya) (Entered: 12/18/2014)

12/18/2014

8 Affidavit of Service by Plaintiff. Eloise Anderson served on 12/17/2014, answer due 1/7/2015.
(Bowen, Freya) (Entered: 12/18/2014)

12/22/2014

9 Motion for Extension of Time to File Answer re: 1 Complaint by Defendants Eloise Anderson,
J.B. Van Hollen. Motions referred to Magistrate Judge Stephen L. Crocker. Response due
12/29/2014. (Lazar, Maria) (Entered: 12/22/2014)

12/31/2014

10 ** TEXT ONLY ORDER **
ORDER granting 9 Motion for Extension of Time to Answer. Defendants Eloise Anderson and
J.B. Van Hollen answer due 1/28/2015. Signed by Magistrate Judge Stephen L. Crocker on
12/31/2014. (nln) (Entered: 12/31/2014)

01/06/2015

11 Notice of Appearance filed by Karla Z. Keckhaver for Defendants Eloise Anderson, J.B. Van
Hollen. (Keckhaver, Karla) (Entered: 01/06/2015)

01/07/2015

12 Motion to Substitute Party by Plaintiff Tamara M. Loertscher. (Bowen, Freya) (Entered:
01/07/2015)

01/07/2015

13 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Tamara M. Loertscher. (Bowen,
Freya) (Entered: 01/07/2015)

01/07/2015

14 Brief in Support of 13 Motion for Preliminary Injunction by Plaintiff Tamara M. Loertscher
(Attachments:
# 1 Appendix to Brief,
# 2 Exhibit 1 - Drafter's Note,
# 3 Exhibit 2 - Linda Hisgen Memo,

# 4 Exhibit 3 - DeVille Article,
# 5 Exhibit 4 - Expert Letter,
# 6 Exhibit 5 - Expert Letter,
# 7 Exhibit 6 - Committee Opinion,
# 8 Exhibit 7 - Open Letter,
# 9 Exhibit 8 - Position Statements) (Bowen, Freya) (Entered: 01/07/2015)
01/07/2015

15 Second Motion to Seal by Plaintiff Tamara M. Loertscher. Motions referred to Magistrate Judge
Stephen L. Crocker. (Bowen, Freya) (Entered: 01/07/2015)

01/07/2015

16 Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 13 Motion for
Preliminary Injunction (Sealed Document) (Attachments:
# 1 Exhibit A - CHIPS Petition,
# 2 Exhibit B - Medical Records,
# 3 Exhibit C - Medical Records) (Bowen, Freya) (Entered: 01/07/2015)

01/07/2015

17 Redaction to 16 Proposed Findings of Fact, by Plaintiff Tamara M. Loertscher (Attachments:
# 1 Exhibit A - Redacted,
# 2 Exhibit B - Redacted,
# 3 Exhibit C - Redacted) (Bowen, Freya) (Entered: 01/07/2015)

01/07/2015

18 Declaration of Mishka Terplan filed by Plaintiff Tamara M. Loertscher re: 13 Motion for
Preliminary Injunction (Attachments:
# 1 Exhibit A - CV of M. Terplan,
# 2 Exhibit B - Terplan Article,
# 3 Exhibit C - Editorial,
# 4 Exhibit D - Thyroid Association Guidelines,
# 5 Exhibit E - Endocrine Society Guidelines) (Bowen, Freya) (Entered: 01/07/2015)

01/07/2015

19 Declaration of Tamara M. Loertscher filed by Plaintiff Tamara M. Loertscher re: 13 Motion for
Preliminary Injunction. (Bowen, Freya) (Entered: 01/07/2015)

01/08/2015

20 Notice of Appearance filed by Sarah E. Burns for Plaintiff Tamara M. Loertscher. (Burns,
Sarah) (Entered: 01/08/2015)

01/08/2015

21 Notice of Appearance filed by Sara Lyle Ainsworth for Plaintiff Tamara M. Loertscher.
(Ainsworth, Sara) (Entered: 01/08/2015)

01/08/2015

22 Notice of Appearance filed by Lynn Mara Paltrow for Plaintiff Tamara M. Loertscher. (Paltrow,
Lynn) (Entered: 01/08/2015)

01/08/2015

23 ** TEXT ONLY ORDER **
Plaintiff's 12 motion to substitute the current attorney general for the former attorney general is
GRANTED. Signed by District Judge James D. Peterson on 1/08/2015. (nln) (Entered:
01/08/2015)

01/09/2015

24 ** TEXT ONLY ORDER **
ORDER granting 15 Motion to Seal. Signed by Magistrate Judge Stephen L. Crocker on
1/09/2015. (nln) (Entered: 01/09/2015)

01/09/2015

25 ORDER directing defendants to inform the court, not later than January 14, 2015, whether they
oppose unsealing the exhibits and the basis for any opposition. Signed by District Judge James
D. Peterson on 1/09/2015. (nln) (Entered: 01/09/2015)

01/09/2015

26 ORDER setting telephone status conference for 8 a.m. on Tuesday, January 13, 2015 re 13
MOTION FOR PRELIMINARY INJUNCTION filed by Tamara M. Loertscher. Counsel for
plaintiff is responsible for setting up the call to chambers at [phone]. Signed by District

Judge James D. Peterson on 1/09/2015. (nln) (Entered: 01/09/2015)
01/09/2015

Set Hearings: Telephone Status Conference set for 1/13/2015 at 08:00 AM before Judge James
D. Peterson. Counsel for Plaintiff responsible for setting up the call to chambers at (608)
264-5504. (nln) (Entered: 01/09/2015)

01/13/2015

Minute Entry for proceedings held before District Judge James D. Peterson: Telephone Status
Conference held on 1/13/2015 [1:00] (skv) (Entered: 01/13/2015)

01/13/2015

Set Briefing Deadlines as to 13 Motion for Preliminary Injunction. Brief in Opposition due
1/20/2015. Brief in Reply due 1/21/2015. Set Briefing Deadlines as to 15 Second Motion to
Seal. Brief in Opposition due 1/23/2015. Brief in Reply due 1/26/2015. (nln) (Entered:
01/13/2015)

01/13/2015

27 ORDER re Telephone Status Conference held on 1/13/2015. Signed by District Judge James D.
Peterson on 1/13/2015. (nln) (Entered: 01/13/2015)

01/14/2015

28 Motion for Temporary Restraining Order by Plaintiff Tamara M. Loertscher. (Attachments:
# 1 Text of Proposed Order) (Bowen, Freya) Modified on 1/15/2015. (lak) (Entered:
01/14/2015)

01/14/2015

29 Motion to Rescind Briefing Schedule and Request for Scheduling Conference by Defendants
Eloise Anderson, Brad D. Schimel re: 27 Order. (Lazar, Maria) Modified on 1/14/2015. (lak)
(Entered: 01/14/2015)

01/14/2015

30 Declaration of Darlene Anderson re: 29 Motion to Rescind Briefing Schedule and Request for
Scheduling Conference. (Sealed Document) (Lazar, Maria) Modified on 1/14/2015. (lak)
(Entered: 01/14/2015)

01/14/2015

31 Declaration of Michael Shiffler re: 29 Motion to Rescind Briefing Schedule and Request for
Scheduling Conference. (Sealed Document) (Lazar, Maria) Modified on 1/14/2015. (lak)
(Entered: 01/14/2015)

01/14/2015

32 ** TEXT ONLY ORDER **
The court has received a proposed restraining order from plaintiff, as the court requested. Dkt.
28 . The court has also received an unanticipated submission: defendants submit affidavits from
the case manager and the guardian ad litem indicating that neither of them would interfere in the
birth of plaintiff's baby unless "a significant new risk to the child develops that requires the
[Taylor County Human Services] Department's attention." Dkts. 29 , 30 . Defendants contend
that any immediate threat to plaintiff's privacy and autonomy during the birth is substantially
alleviated, and they ask the court to rescind the expedited briefing schedule on the motion for
injunction. Dkt. 29 . The court will provide plaintiff the opportunity to respond to defendants'
request by 12:00 p.m. (noon), January 15, 2015. Signed by District Judge James D. Peterson on
1/14/2015. (nln) (Entered: 01/14/2015)

01/14/2015

33 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 29 MOTION to Amend Briefing
Schedule filed by Eloise Anderson, Brad D. Schimel. (Bowen, Freya) (Entered: 01/14/2015)

01/15/2015

34 Notice of Appearance filed by David Richter Pekarek Krohn for Plaintiff Tamara M. Loertscher.
(Pekarek Krohn, David) (Entered: 01/15/2015)

01/15/2015

35 Order GRANTING defendants' 29 Motion to rescind the expedited briefing schedule;
DENYING plaintiff's 28 Motion for Restraining Order. Plaintiff need not inform the court when
she goes into labor, and thus the court's previous request that she do so is rescinded. The court
will not adopt defendants' proposed briefing schedule, but will set a case schedule once
defendants have responded to the complaint. Signed by District Judge James D. Peterson on
1/15/2015. (elc) (Entered: 01/15/2015)

01/16/2015

36 ** TEXT ONLY ORDER **
Please note that the briefing schedule on plaintiff's motion concerning the sealed status of
certain documents, Dkt. 15 , remains in place. Defendants' brief in opposition is due January 23,
and plaintiff's reply is due January 26. Signed by District Judge James D. Peterson on
1/16/2015. (arw) (Entered: 01/16/2015)

01/22/2015

37 Notice of Appearance filed by Avram David Frey for Plaintiff Tamara M. Loertscher. (Frey,
Avram) (Entered: 01/22/2015)

01/23/2015

38 Brief in Support of 15 Motion to Seal by Defendants Eloise Anderson, Brad D. Schimel. (Lazar,
Maria) (Entered: 01/23/2015)

01/26/2015

39 Brief in Reply by Plaintiff Tamara M. Loertscher in Opposition to 15 Compulsory Motion to
Seal. (Bowen, Freya) Modified on 1/26/2015. (arw) (Entered: 01/26/2015)

01/28/2015

40 MOTION TO DISMISS the Complaint by Defendants Eloise Anderson, Brad D. Schimel,
J.B. Van Hollen. Brief in Opposition due 2/18/2015. Brief in Reply due 3/2/2015. (Lazar,
Maria) (Entered: 01/28/2015)

01/28/2015

41 Brief in Support of 40 Motion to Dismiss by Defendants Eloise Anderson, Brad D. Schimel,
J.B. Van Hollen. (Sealed Document) (Lazar, Maria) (Entered: 01/28/2015)

01/28/2015

42 Brief in Support of 40 Motion to Dismiss by Defendants Eloise Anderson, Brad D. Schimel,
J.B. Van Hollen. (Lazar, Maria) (Entered: 01/28/2015)

01/28/2015

43 Notice of Appearance filed by Farah Christina Diaz-Tello for Plaintiff Tamara M. Loertscher.
(Diaz-Tello, Farah) (Entered: 01/28/2015)

02/18/2015

44 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 40 Motion to Dismiss filed by Eloise
Anderson, J.B. Van Hollen, Brad D. Schimel. (Bowen, Freya) (Entered: 02/18/2015)

03/02/2015

45 Redaction to 46 Brief in Reply by Defendants Eloise Anderson, Brad D. Schimel, J.B. Van
Hollen. (Lazar, Maria) Modified on 3/3/2015. (lak) (Entered: 03/02/2015)

03/02/2015

46 Brief in Reply by Defendants Eloise Anderson, Brad D. Schimel, J.B. Van Hollen in Support of
40 Motion to Dismiss. (Sealed Document) (Lazar, Maria) Modified on 3/3/2015. (lak) (Entered:
03/02/2015)

07/10/2015

47 Motion for Hearing (Scheduling Conference) by Plaintiff Tamara M. Loertscher. Response due
7/17/2015. (Attachments:
# 1 Exhibit A - 6/1/2015 - Letter from Taylor County Corporation Counsel,
# 2 Exhibit B - 7/6/2015 - Letter from Taylor County Corporation Counsel) (Bowen, Freya)
(Attachment 2 replaced on 7/10/2015.) (lak) (Entered: 07/10/2015)

07/10/2015

48 Supplemental MOTION TO DISMISS FOR MOOTNESS by Defendants Eloise Anderson,
Brad D. Schimel. Brief in Opposition due 7/31/2015. Brief in Reply due 8/10/2015. (Lazar,
Maria) (Entered: 07/10/2015)

07/10/2015

49 Redaction to 50 Brief in Support by Defendants Eloise Anderson, Brad D. Schimel. (Lazar,
Maria) Modified on 7/13/2015. (lak) (Entered: 07/10/2015)

07/10/2015

50 Brief in Support of 48 Motion to Dismiss - Unredacted Version by Defendants Eloise Anderson,
Brad D. Schimel. (Sealed Document) (Lazar, Maria) (Entered: 07/10/2015)

07/10/2015

51 Notice by Defendants Eloise Anderson, Brad D. Schimel re: 47 Motion for Hearing (Scheduling
Conference). (Defendants' Response to Motion). (Lazar, Maria) Modified on 7/13/2015. (lak)
(Entered: 07/10/2015)

07/22/2015

52 ** TEXT ONLY ORDER **
Several motions are pending: plaintiff's motion for preliminary injunction, Dkt. 13 ; plaintiff's
second motion to seal, Dkt. 15 ; defendants' motion to dismiss, Dkt. 40 ; defendants'
supplemental motion to dismiss (not yet fully briefed), Dkt. 48 ; and plaintiff's motion for a
scheduling conference, Dkt. 47 . The court will resolve these motions in a single order after the
supplemental motion to dismiss is fully briefed. That order will set a scheduling conference if
the case is not dismissed. Signed by District Judge James D. Peterson on 7/22/2015. (kwf)
(Entered: 07/22/2015)

07/24/2015

53 Notice of Appearance and Substitution of Counsel filed by Jody J. Schmelzer for Defendants
Eloise Anderson, Brad D. Schimel. (Schmelzer, Jody) Modified on 7/24/2015. (lak) (Entered:
07/24/2015)

07/24/2015

54 Motion to Withdraw 13 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Tamara M.
Loertscher. Response due 7/31/2015. (Bowen, Freya) (Entered: 07/24/2015)

07/28/2015

55 Response Stating No Opposition by Defendants Eloise Anderson, Brad D. Schimel re: 54
Motion to Withdraw filed by Tamara M. Loertscher. (Keckhaver, Karla) (Entered: 07/28/2015)

07/31/2015

56 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 48 Motion to Dismiss filed by Eloise
Anderson, Brad D. Schimel. (Bowen, Freya) (Entered: 07/31/2015)

08/10/2015

57 Brief in Reply by Defendants Eloise Anderson, Brad D. Schimel in Support of 48 Motion to
Dismiss. (Sealed Document) (Keckhaver, Karla) (Entered: 08/10/2015)

08/10/2015

58 Redaction to 57 Brief in Reply by Defendants Eloise Anderson, Brad D. Schimel. (Keckhaver,
Karla) Modified on 8/10/2015: Corrected docketing event. (lak) (Entered: 08/10/2015)

08/11/2015

59 Motion for Oral argument or in the alternative, leave to file short sur-reply by Plaintiff Tamara
M. Loertscher. Response due 8/18/2015. (Bowen, Freya) (Entered: 08/11/2015)

08/18/2015

60 Brief in Opposition by Defendants Eloise Anderson, Brad D. Schimel, J.B. Van Hollen re: 59
Motion for Oral argument or in the alternative, leave to file short sur-reply filed by Tamara M.
Loertscher. (Keckhaver, Karla) Modified on 8/19/2015: Corrected docketing event. (lak)
(Entered: 08/18/2015)

09/30/2015

61 OPINION & ORDER denying 40 Motion to Dismiss; denying 48 Motion to Dismiss; granting
15 Second Motion to Seal; granting 54 Motion to Withdraw Preliminary Injunction Motion;
striking 13 Motion for Preliminary Injunction; denying as moot 47 Motion for Hearing; denying
as moot 59 Motion for Oral Argument or Sur-Reply. Signed by District Judge James D.
Peterson on 9/30/15. (jat) (Entered: 09/30/2015)

10/07/2015

62 Notice of Appearance and Removal of Counsel filed by Luke Berg for Defendants Eloise
Anderson, Brad D. Schimel. (Berg, Luke) (Entered: 10/07/2015)

10/13/2015

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/23/2015 at 10:00
AM before District Judge James D. Peterson. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. Rule 26 Joint Conference Report due on or before
10/21/2015. [Standing Order Governing Preliminary Pretrial Conference attached] (kwf)
(Entered: 10/13/2015)

10/14/2015

63 ANSWER by Defendants Eloise Anderson, Brad D. Schimel. (Keckhaver, Karla) (Entered:
10/14/2015)

10/21/2015

64 Joint Preliminary Pretrial Conference Report by Plaintiff Tamara M. Loertscher. (Bowen,
Freya) (Entered: 10/21/2015)

10/23/2015

Minute Entry for proceedings held before District Judge James D. Peterson: Telephone
Preliminary Pretrial Conference held on 10/23/2015 [:10] (skv) (Entered: 10/23/2015)

10/27/2015

65 Pretrial Conference Order - Amendments to Pleadings due 11/6/2015. Dispositive Motions due
6/1/2016. Settlement Letters due 8/31/2016. Final Pretrial Submissions due 10/11/2016. Court
Trial set for 11/7/2016 at 09:00 AM. Signed by District Judge James D. Peterson on
10/26/2015. (kwf) (Entered: 10/27/2015)

11/06/2015

66 AMENDED COMPLAINT against Eloise Anderson, Brad D. Schimel, filed by Tamara M.
Loertscher, (Attachments:
# 1 Summons - Taylor County,
# 2 Summons - Amber Fallos,
# 3 Summons - Julie Clarkson,
# 4 Summons - Liza Daleiden) (Bowen, Freya) (Entered: 11/06/2015)

11/09/2015

67 Summons Issued as to Taylor County, (Attachments:
# 1 Summons Issued as to Amber Fallos,
# 2 Summons Issued as to Liza Daleiden,
# 3 Summons Issued as to Julie Clarkson) (kwf) (Entered: 11/09/2015)

11/20/2015

68 MOTION TO DISMISS Amended Complaint by Defendants Eloise Anderson, Brad D.
Schimel. Brief in Opposition due 12/11/2015. Brief in Reply due 12/21/2015. (Keckhaver,
Karla) (Entered: 11/20/2015)

11/20/2015

69 Brief in Support of 68 Motion to Dismiss Amended Complaint by Defendants Eloise Anderson,
Brad D. Schimel. (Keckhaver, Karla) (Entered: 11/20/2015)

11/30/2015

70 Acknowledgment of Service Executed as to 66 Amended Complaint, filed by Plaintiff Tamara
M. Loertscher. (Bowen, Freya) (Entered: 11/30/2015)

12/11/2015

71 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 68 Motion to Dismiss filed by Eloise
Anderson, Brad D. Schimel. (Bowen, Freya) (Entered: 12/11/2015)

12/15/2015

72 Notice of Appearance filed by Douglas S. Knott for Defendants Julie Clarkson, Liza Daleiden,
Amber Fallos, Taylor County. (Knott, Douglas) (Entered: 12/15/2015)

12/15/2015

73 Notice of Appearance filed by Ryan M. Wiesner for Defendants Julie Clarkson, Liza Daleiden,
Amber Fallos, Taylor County. (Wiesner, Ryan) (Entered: 12/15/2015)

12/15/2015

74 Demand for Trial by Jury by Defendants Julie Clarkson, Liza Daleiden, Amber Fallos, Taylor
County. (Knott, Douglas) (Entered: 12/15/2015)

12/15/2015

75 Unopposed Motion for Extension of Time to File Answer by Defendants Julie Clarkson, Liza
Daleiden, Amber Fallos, Taylor County. Motions referred to Magistrate Judge Stephen L.
Crocker. Response due 12/22/2015. (Knott, Douglas) (Entered: 12/15/2015)

12/15/2015

76 Declaration of Douglas S. Knott filed by Defendants Julie Clarkson, Liza Daleiden, Amber
Fallos, Taylor County re: 75 Motion for Extension of Time to File Answer. (Knott, Douglas)
(Entered: 12/15/2015)

12/15/2015

77 Supplement (Proposed Order) to 75 Motion for Extension of Time to File Answer filed by
Taylor County, Julie Clarkson, Liza Daleiden, Amber Fallos. (Knott, Douglas) Modified on
12/16/2015: Year included in the order is incorrect. (lak) (Entered: 12/15/2015)

12/17/2015

78 ** TEXT ONLY ORDER **
ORDER granting 75 Motion for Extension of Time to Answer. Taylor County, Amber Fallos,
Liza Daleiden, and Julie Clarkson Answer to Amended Complaint due 1/15/2016. Signed by
Magistrate Judge Stephen L. Crocker on 12/17/2015. (kwf) (Entered: 12/17/2015)

12/17/2015

79 Notice by Plaintiff Tamara M. Loertscher of Substitution of Counsel. (Bowen, Freya) (Entered:
12/17/2015)

12/18/2015

80 Notice of Appearance filed by Laura Alyce Hecht-Felella for Plaintiff Tamara M. Loertscher.
(Hecht-Felella, Laura) (Entered: 12/18/2015)

12/21/2015

81 Brief in Reply by Defendants Eloise Anderson, Brad D. Schimel in Support of 68 Motion to
Dismiss. (Keckhaver, Karla) (Entered: 12/21/2015)

01/11/2016

82 Notice of Appearance filed by Jeff J Bowen for Plaintiff Tamara M. Loertscher. (Bowen, Jeff)
(Entered: 01/11/2016)

01/15/2016

83 MOTION TO DISMISS by Defendants Julie Clarkson, Liza Daleiden, Amber Fallos, Taylor
County. Brief in Opposition due 2/5/2016. Brief in Reply due 2/16/2016. (Knott, Douglas)
(Entered: 01/15/2016)

01/15/2016

84 Brief in Support of 83 Motion to Dismiss by Defendants Julie Clarkson, Liza Daleiden, Amber
Fallos, Taylor County. (Knott, Douglas) (Entered: 01/15/2016)

01/19/2016

85 Notice of Appearance filed by Jesse Jonas Bair for Plaintiff Tamara M. Loertscher. (Bair, Jesse)
(Entered: 01/19/2016)

02/02/2016

86 Notice of Appearance and Removal of Counsel filed by Jennifer Lynn Vandermeuse for
Defendants Eloise Anderson, Brad D. Schimel. (Vandermeuse, Jennifer) (Entered: 02/02/2016)

02/03/2016

87 Motion to Stay Discovery and Discovery-Related Deadlines by Defendant Taylor County.
Response due 2/10/2016. (Knott, Douglas) (Entered: 02/03/2016)

02/04/2016

88 Response Stating No Opposition by Defendants Eloise Anderson, Brad D. Schimel re: 83
Motion to Dismiss filed by Taylor County, Julie Clarkson, Liza Daleiden, Amber Fallos; 87
Motion to Stay filed by Taylor County. (Keckhaver, Karla) Modified docket text on 2/5/2016 at
filers' request. (arw) (Entered: 02/04/2016)

02/05/2016

89 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 83 Motion to Dismiss filed by Taylor
County, Julie Clarkson, Liza Daleiden, Amber Fallos. (Bowen, Jeff) (Entered: 02/05/2016)

02/10/2016

90 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 87 Motion to Stay filed by Taylor
County. (Bowen, Jeff) (Entered: 02/10/2016)

02/17/2016

91 Brief in Reply by Defendants Julie Clarkson, Liza Daleiden, Amber Fallos, Taylor County in
Support of 83 Motion to Dismiss. (Knott, Douglas) (Entered: 02/17/2016)

02/19/2016

92 Brief in Reply by Defendants Julie Clarkson, Liza Daleiden, Amber Fallos, Taylor County in
Support of 87 Motion to Stay. (Knott, Douglas) (Entered: 02/19/2016)

02/25/2016

93 Joint Motion for Protective Order and Proposed Protective Order by Plaintiff Tamara M.
Loertscher. (Harth, David) (Entered: 02/25/2016)

03/02/2016

94 ** TEXT ONLY ORDER **
The parties' joint motion (dkt. 93 ) is GRANTED and their proposed protective order is
ACCEPTED and ENTERED by the court. Signed by Magistrate Judge Stephen L. Crocker on
3/2/2016. (kwf) (Entered: 03/02/2016)

03/31/2016

95 Motion to Compel Response to Discovery by Defendants Eloise Anderson, Brad D. Schimel.
Motions referred to Magistrate Judge Stephen L. Crocker. Response due 4/7/2016. (Keckhaver,
Karla) Modified on 3/31/2016. (lak) (Entered: 03/31/2016)

03/31/2016

96 Brief in Support of 95 Motion to Compel Response to Discovery by Defendants Eloise
Anderson, Brad D. Schimel. (Keckhaver, Karla) Modified on 3/31/2016. (lak (Entered:

03/31/2016)
03/31/2016

03/31/2016

97 Declaration of Karla Z. Keckhaver filed by Defendants Eloise Anderson, Brad D. Schimel re:
95 Motion to Compel, (Attachments:
# 1 Exhibit A - Plaintiff's Response to First Discovery Request (Sealed Document),
# 2 Exhibit B - Letter to Harth re: Deficient Response to First Discovery Request,
# 3 Exhibit C - Harth to Keckhaver re: Response to 2-26-16 Letter,
# 4 Exhibit D - Letter to Harth re: Response to Defendant's First Discovery Request,
# 5 Exhibit E - Harth Letter re: Response to Discovery Dispute and Discovery) (Keckhaver,
Karla) Modified on 3/31/2016. (lak/kwf) (Entered: 03/31/2016)
Set Motion Hearing as to 95 Motion to Compel Response to Discovery. Telephone Motion
Hearing set for 4/13/2016 at 3:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Defendant responsible for setting up the call to chambers at [phone]. (kwf) (Entered:
03/31/2016)

04/01/2016

98 Exhibit to 97 Declaration filed by Eloise Anderson, Brad D. Schimel. Exhibit A - Plaintiff
Response to Defendant's First Set of Discovery. (Sealed Document) (Keckhaver, Karla)
Modified on 4/3/2016. (lak) (Entered: 04/01/2016)

04/01/2016

99 Disregard. See 100 . Modified on 4/3/2016. (lak) (Entered: 04/01/2016)

04/01/2016

100 Redaction to 98 Exhibit A - Plaintiff Response to Defendant's First Set of Discovery, by
Defendants Eloise Anderson, Brad D. Schimel. (Keckhaver, Karla) Modified on 4/3/2016. (lak)
(Entered: 04/01/2016)

04/07/2016

101 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 95 Motion to Compel filed by Eloise
Anderson, Brad D. Schimel. (Harth, David) (Entered: 04/07/2016)

04/13/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Motion Hearing held on 4/13/2016 re 95 Motion to Compel filed by Eloise Anderson, Brad D.
Schimel [:40] (Court Reporter ls.) (skv) (Entered: 04/13/2016)

04/13/2016

102 ** TEXT ONLY ORDER **
On April 13, 2016, the court held a telephonic hearing on the State defendants' motion to
compel discovery, dkt. 95 . All parties (including the Taylor County defendants) were
represented by counsel. In discussion with the parties, the court granted the motion in part and
denied the rest without prejudice to renewal. More specifically, in response to Interrogatories 1
through 5, plaintiff must report for each of her five claims which paragraphs of her amended
complaint apply to which of her five claims. Plaintiff must provide the same five-part breakout
by paragraph of the information on which she is claiming reliance from dkt. Nos. 16 -2 and 16
-3. These disclosures do not freeze the factual record: plaintiff may supplement them as this
case progresses. Plaintiff does not have to amplify her responses to Interrogatories 7 and 8 at
this time. That said, the State is entitled to a tighter presentation of plaintiff's support for her
claim that every new statute and every amended statute that is part of Act 292 is facially
unconstitutional under the First, Fourth, Fifth, Ninth and Fourteenth Amendments. Plaintiff
soon will have to gloss with more precision her facial challenge to Act 292, so she had better
start thinking about how she intends to do this. Finally, in response to concerns raised by the
Taylor County defendants, the court is willing to grant a request to extend dates and deadlines
in this case, including the dispositive motion deadline and the trial date, once the need to do so
becomes clearer. Signed by Magistrate Judge Stephen L. Crocker on 4/13/2016. (kwf) (Entered:
04/13/2016)

04/20/2016

103 Motion to Stay Deadlines in Preliminary Pretrial Conference Order by Defendants Eloise
Anderson, Brad D. Schimel. Response due 4/27/2016. (Keckhaver, Karla) (Entered:
04/20/2016)

04/20/2016

104 Notice by Defendants Julie Clarkson, Liza Daleiden, Amber Fallos, Taylor County of
Substitution of Firm. (Knott, Douglas) (Entered: 04/20/2016)

04/22/2016

105 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 103 Motion to Stay filed by Eloise
Anderson, Brad D. Schimel. (Harth, David) (Entered: 04/22/2016)

04/22/2016

106 Motion to Stay and Amend Preliminary Pretrial Order by Defendants Julie Clarkson, Liza
Daleiden, Amber Fallos, Taylor County. Response due 4/29/2016. (Knott, Douglas) (Entered:
04/22/2016)

04/25/2016

107 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 106 Motion to Stay filed by Taylor
County, Julie Clarkson, Liza Daleiden, Amber Fallos. (Harth, David) (Entered: 04/25/2016)

04/29/2016

108 Motion to Quash Subpoenas and for Protective Order by Defendants Julie Clarkson, Liza
Daleiden, Amber Fallos, Taylor County. (Knott, Douglas) Modified on 5/2/2016. (lak) (Entered:
04/29/2016)

04/29/2016

109 Declaration of Douglas Knott filed by Defendants Julie Clarkson, Liza Daleiden, Amber Fallos,
Taylor County re: 108 Motion to Quash Subpoenas, (Attachments:
# 1 Exhibit 1/A - Subpoena Directed to Defendant Clarkson,
# 2 Exhibit 2/B - Declaration of Douglas Knott. See 110 for Exhibit 2/B.,
# 3 Exhibit 3/C - Subpoena Directed to Defendant Fallos) (Knott, Douglas) Modified on
5/2/2016: Clarified exhibit descriptions. (lak) (Entered: 04/29/2016)

05/02/2016

110 Second Declaration of Douglas S Knott filed by Defendants Julie Clarkson, Liza Daleiden,
Amber Fallos, Taylor County re: 108 Motion to Quash, (Attachments:
# 1 Exhibit 2/B - Subpoena Directed to Defendant Daleiden) (Knott, Douglas) Modified on
5/2/2016. (lak) (Entered: 05/02/2016)

05/03/2016

111 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 108 Motion to Quash filed by Taylor
County, Julie Clarkson, Liza Daleiden, Amber Fallos. (Harth, David) (Entered: 05/03/2016)

05/10/2016

Set Telephone Status Conference: Telephone Status Conference set for 5/17/2016 at 9:30 AM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. (voc/skv) (Entered: 05/10/2016)

05/13/2016

112 Notice of Withdrawal of Counsel by Plaintiff Tamara M. Loertscher. Removal of Avram Frey.
(Burns, Sarah) Modified on 5/16/2016. (lak) (Entered: 05/13/2016)

05/16/2016

113 ** TEXT ONLY ORDER **
Because the court has not yet ruled on the pending motions to dismiss (dkts. 68 and 83 ), the
remainder of the existing schedule is STRICKEN. The court will reset the schedule in
consultation with counsel after it has ruled on the motions. At the May 17, 2016 telephonic
motion hearing, the court will discuss with the parties what should happen with discovery in the
interim. Signed by Magistrate Judge Stephen L. Crocker on 5/16/2016. (kwf) (Entered:
05/16/2016)

05/17/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Status Conference held on 5/17/2016 [:10] (cak) (Entered: 05/17/2016)

05/17/2016

114 ** TEXT ONLY ORDER **
On May 17, 2016, the court held a telephonic status conference. All parties were represented by
counsel. As a result of the court having stricken the remainder of the existing schedule (dkt.
113), plaintiff voluntarily called off the imminent depositions, subject to rescheduling them
later. The parties will sort out whether and how they wish to conduct any discovery while
awaiting the court's rulings on the pending dismissal motions. All pending motions related to
discovery and scheduling (dkts. 87 , 103 , 106 and 108 ) are denied as moot. After the court

rules on the pending dismissal motions, we will reconvene if necessary to reset the schedule.
Signed by Magistrate Judge Stephen L. Crocker on 5/17/2016. (kwf) (Entered: 05/17/2016)
06/03/2016

115 Motion to Strike Rebuttal Report of Drs. Zgierska and Hartke by Defendants Eloise Anderson,
Brad D. Schimel. Brief in Opposition due 6/17/2016. Brief in Reply due 6/24/2016.
(Keckhaver, Karla) (Entered: 06/03/2016)

06/03/2016

116 Brief in Support of 115 Motion to Strike Rebuttal Reports of Drs. Zgierska and Hartke by
Defendants Eloise Anderson, Brad D. Schimel (Keckhaver, Karla) (Entered: 06/03/2016)

06/03/2016

117 Declaration of Karla Keckhaver filed by Defendants Eloise Anderson, Brad D. Schimel re: 115
Motion to Strike, (Attachments:
# 1 Exhibit A - Terplan Expert Report with Exhibits Attached,
# 2 Exhibit B - Wargowski Expert Report with Exhibits Attached (Marked Confidential),
# 3 Exhibit C - Porte Expert Report with Exhibits Attached,
# 4 Exhibit D - Knox Expert Report with Exhibits Attached (Marked Confidential),
# 5 Exhibit E - Zgierska Expert Rebuttal Report with Exhibits Attached,
# 6 Exhibit F - Hartke Expert Rebuttal Report with Exhibits Attached) (Keckhaver, Karla)
Modified on 6/6/2016: Clarified exhibit descriptions. None of these expert reports have been
filed as separate docket entries. (lak) (Entered: 06/03/2016)

06/06/2016

118 OPINION and ORDER denying 68 Motion to Dismiss; granting in part and denying in part 83
Motion to Dismiss. Plaintiff Tamara M. Loertscher's claims against defendants Fallos, Daleiden,
and Clarkson in their individual capacities are DISMISSED. Plaintiff's claims against Taylor
County and the individual county defendants in their official capacities will remain. The court
will hold a telephone scheduling conference before Magistrate Judge Stephen Crocker on
Tuesday, June 14, 2016, at 10:00 a.m., to reset the trial calendar. Plaintiff's counsel will be
responsible for setting up the call to chambers. Signed by District Judge James D. Peterson on
6/6/2016. (kwf) (Entered: 06/06/2016)

06/06/2016

Set Hearings: Telephonic Scheduling Conference set for 6/14/2016 at 10:00 AM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. (jls) (Entered: 06/06/2016)

06/13/2016

119 Notice of Appearance filed by Nancy Rosenbloom for Plaintiff Tamara M. Loertscher.
(Rosenbloom, Nancy) (Entered: 06/13/2016)

06/14/2016

120 ** TEXT ONLY ORDER **
At the June 14, 2016 unrecorded telephonic scheduling conference, the state defendants
withdrew their motion to strike plaintiffs' rebuttal expert reports (dkt. 115 ) in light of the court
providing defendants with a new date to disclose experts. Signed by Magistrate Judge Stephen
L. Crocker on 6/14/2016. (kwf) (Entered: 06/14/2016)

06/14/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Scheduling Conference held on 6/14/2016 [:15] (cak) (Entered: 06/14/2016)

06/17/2016

121 AMENDED Scheduling Order: Dispositive Motions due 11/10/2016. Settlement Letters due
4/7/2017. Motions in Limine due 4/14/2017, Responses due 4/28/2017. Final Pretrial
Conference set for 5/10/2017 at 4:00 PM. Jury Selection and Trial set for 5/22/2017 at 9:00
AM. Signed by Magistrate Judge Stephen L. Crocker on 6/14/2016. (kwf) (Entered:
06/17/2016)

06/20/2016

122 ANSWER to Amended Complaint by Defendants Taylor County, Julie Clarkson, Liza Daleiden,
Amber Fallos. (Knott, Douglas) Modified on 6/21/2016. (lak) (Entered: 06/20/2016)

06/20/2016

123 Certificate of Service by Defendants Taylor County, Julie Clarkson, Liza Daleiden, Amber
Fallos as to 122 Answer to Amended Complaint. (Knott, Douglas) Modified on 6/21/2016. (lak)

(Entered: 06/20/2016)
06/20/2016

124 Disregard. Duplicate of 122 . Modified on 6/21/2016. (lak) (Entered: 06/20/2016)

06/20/2016

125 ANSWER to Amended Complaint by Defendants Eloise Anderson, Brad D. Schimel.
(Keckhaver, Karla) (Entered: 06/20/2016)

06/20/2016

126 Disregard. Duplicate of 123 . Modified on 6/21/2016. (lak) (Entered: 06/20/2016)

08/19/2016

127 Expert Witness Disclosures by Defendant Taylor County. (Wiesner, Ryan) Modified on
8/21/2016: Captioned for the Eastern District. (lak) (Entered: 08/19/2016)

08/19/2016

128 Expert Report of Charmian Klyve on behalf of Defendant Taylor County by Defendant Taylor
County, (Attachments:
# 1 Exhibit - CV of C. Klyve) (Wiesner, Ryan) Modified on 8/21/2016: Captioned for the
Eastern District. (lak) (Entered: 08/19/2016)

08/19/2016

129 Certificate of Service by Defendants Julie Clarkson, Liza Daleiden, Amber Fallos, Taylor
County as to 127 Expert Witness Disclosures, 128 Expert Report. (Wiesner, Ryan) Modified on
8/21/2016: Captioned for the Eastern District. (lak) (Entered: 08/19/2016)

09/21/2016

130 Notice of Appearance filed by Alyson Zureick for Plaintiff Tamara M. Loertscher. (Zureick,
Alyson) Modified on 9/22/2016. (lak) (Entered: 09/21/2016)

10/20/2016

131 Motion to Admit Jolene Melissa Forman Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number
0758-1902376.) Motions referred to Magistrate Judge Stephen L. Crocker. (Forman, Jolene)
Modified on 10/27/2016. (lak) (Entered: 10/20/2016)

10/20/2016

132 ** TEXT ONLY ORDER **
ORDER granting 131 Motion to Admit Jolene Melissa Forman Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 10/20/2016. (lak) (Entered: 10/20/2016)

11/03/2016

133 Motion to Withdraw as Attorney by Plaintiff Tamara M. Loertscher. Response due 11/10/2016.
(Rosenbloom, Nancy) (Entered: 11/03/2016)

11/03/2016

134 Motion to Withdraw as Attorney by Plaintiff Tamara M. Loertscher. Response due 11/10/2016.
(Rosenbloom, Nancy) (Entered: 11/03/2016)

11/04/2016

135 ** TEXT ONLY ORDER **
ORDER granting 133 Motion to Withdraw as Attorney; granting 134 Motion to Withdraw as
Attorney. Attorney Farah Christina Diaz-Tello and Laura Alyce Hecht-Felella terminated.
Signed by Magistrate Judge Stephen L. Crocker on 11/4/2016. (kwf) (Entered: 11/04/2016)

11/04/2016

136 STIPULATION of Dismissal of Defendants Amber Fallos, Liza Daleiden and Julie Clarkson
and Amendment of Caption, (Attachments:
# 1 Text of Proposed Order) (Knott, Douglas) (Entered: 11/04/2016)

11/07/2016

137 Deposition of Kathy Hartke, M.D. taken on September 28, 2016. (Schmelzer, Jody) (Entered:
11/07/2016)

11/07/2016

138 Errata Sheet to 137 Deposition. (Schmelzer, Jody) (Entered: 11/07/2016)

11/07/2016

139 Deposition of Stephen Kandall, M.D. taken on October 24, 2016. (Schmelzer, Jody) (Entered:
11/07/2016)

11/07/2016

140 Errata Sheet to 139 Deposition. (Schmelzer, Jody) (Entered: 11/07/2016)

11/07/2016

141 Deposition of Mishka Terplan, M.D. MPH taken on September 27, 2016. (Schmelzer, Jody)
(Entered: 11/07/2016)

11/07/2016

142 Deposition of Hendree Jones, Ph.D. taken on September 26, 2016. (Schmelzer, Jody) (Entered:
11/07/2016)

11/07/2016

143 Deposition of Aleksandra Zgierska, M.D., Ph.D. taken on September 23, 2016. (Schmelzer,
Jody) (Entered: 11/07/2016)

11/07/2016

144 Errata Sheet to 143 Deposition. (Schmelzer, Jody) (Entered: 11/07/2016)

11/07/2016

145 ORDER granting 136 Stipulation of Dismissal of Defendants Amber Fallos, Liza Daleiden and
Julie Clarkson. Signed by District Judge James D. Peterson on 11/7/2016. (arw) (Entered:
11/07/2016)

11/08/2016

146 Deposition of Paula Brown taken on 10/13/2016. (Harth, David) (Entered: 11/08/2016)

11/08/2016

147 Deposition of John Tuohy taken on 10/27/2016. (Harth, David) (Entered: 11/08/2016)

11/08/2016

148 Deposition of John Tuohy taken on 11/01/2016. (Harth, David) (Entered: 11/08/2016)

11/08/2016

149 Deposition of Jennifer Bantz taken on 09/01/2016. (Harth, David) (Entered: 11/08/2016)

11/08/2016

150 Deposition of Shamim Anwar taken on 09/01/2016. (Harth, David) (Entered: 11/08/2016)

11/08/2016

151 Deposition of Jarred Duellman taken on 09/01/2016. (Harth, David) (Entered: 11/08/2016)

11/08/2016

152 Deposition of Charmian Klyve taken on 11/01/2016. (Harth, David) (Entered: 11/08/2016)

11/09/2016

153 Expert Report of Kathy D. Hartke, M.D. by Plaintiff Tamara M. Loertscher, (Attachments:
# 1 Exhibit A - CV of K. Hartke,
# 2 Exhibit B - Article - Systematic review of effects of low-moderate prenatal alcohol
exposure,
# 3 Exhibit C - Article - Thyroid Disease in Pregnancy,
# 4 Exhibit D - Article - Substance Abuse Reporting and Pregnancy,
# 5 Exhibit E - Article - Unintended pregnancy in opioid-abusing women,
# 6 Exhibit F - Article - The challenges of incarcerating mentally ill inmates,
# 7 Exhibit G - Article - Substance Abuse Among Pregnant Women,
# 8 Exhibit H - Support the Protecting Our Infants Act of 2015,
# 9 Exhibit I - Improving treatment for pregnant and postpartum women act) (Harth, David)
Modified on 11/10/2016. (lak) (Entered: 11/09/2016)

11/09/2016

154 Expert Report of Hendree E. Jones, Ph.D by Plaintiff Tamara M. Loertscher, (Attachments:
# 1 Exhibit A - CV of H. Jones,
# 2 Exhibit B - Article - A review of the methods, interpretation and limitations of the urine
drug screen,
# 3 Exhibit C - Article - Maternal risk factors for fetal alcohol spectrum disorders,
# 4 Exhibit D - Article - Fetal alcohol spectrum disorders,
# 5 Exhibit E - Article - Drinking during pregnancy and the developing brain,
# 6 Exhibit F - Article - The effect of different alcohol drinking patterns in early to
mid-pregnancy,
# 7 Exhibit G - Article - Prenatal exposure to cannabis and maternal and child health outcomes,
# 8 Exhibit H - Article - Obstetrical and neonatal outcomes of methadone-maintained pregnant
women) (Harth, David) (Entered: 11/09/2016)

11/09/2016

155 Expert Report of Stephen Kandall, M.D. by Plaintiff Tamara M. Loertscher, (Attachments:
# 1 Exhibit A - CV of S. Kandall) (Harth, David) (Entered: 11/09/2016)

11/09/2016

156 Expert Report of Mishka Terplan, M.D., MPH by Plaintiff Tamara M. Loertscher,
(Attachments:
# 1 Exhibit A - CV of M. Terplan,

# 2 Exhibit B - Article - Methamphetamine use among pregnant women,
# 3 Exhibit C - Article - The effects of cocaine and amphetamine use during pregnancy on the
newborn,
# 4 Exhibit D - Article - Prenatal substance use,
# 5 Exhibit E - Management of thyroid dysfunction during pregnancy and postpartum,
# 6 Exhibit F - Article - Guidelines of the American Thyroid Association for the diagnosis and
management of thyroid disease,
# 7 Exhibit G - Article - Methamphetamines and pregnancy outcomes) (Harth, David) (Entered:
11/09/2016)
11/09/2016

157 Deposition of Liza Daleiden taken on August 31, 2016. (Sealed Document) (Schmelzer, Jody)
(Entered: 11/09/2016)

11/09/2016

158 Expert Report of Mishka Terplan, M.D., MPH by Plaintiff Tamara M. Loertscher,
(Attachments:
# 1 Exhibit A - Behavioral Health Trends in the United States,
# 2 Exhibit B - Article - Drinking patterns and alcohol-related birth defects,
# 3 Exhibit C - Article - The effect of alcohol binge drinking in early pregnancy on general
intelligence in children,
# 4 Exhibit D - Article - The effect of different alcohol drinking patterns in early to mid
pregnancy,
# 5 Exhibit E - Article - The effects of low to moderate alcohol consumption and binge drinking
in early pregnancy,
# 6 Exhibit F - Article - The effects of low to moderate alcohol consumption and binge drinking
in early pregnancy on behavior,
# 7 Exhibit G - Article - The effects of low to moderate alcohol consumption and binge
drinking in early pregnancy,
# 8 Exhibit H - Article - Interventions for children with fetal alcohol spectrum disorders,
# 9 Exhibit I - Article - Socio-cognitive habilitation using the math interactive learning
experience program) (Harth, David) Modified on 11/10/2016. (lak) (Entered: 11/09/2016)

11/09/2016

159 Deposition of Julie Clarkson taken on August 30, 2016. (Sealed Document) (Schmelzer, Jody)
(Entered: 11/09/2016)

11/09/2016

160 Expert Report of Aleksandra Zgierska, M.D., Ph.D by Plaintiff Tamara M. Loertscher,
(Attachments:
# 1 Exhibit A - CV of A. Zgierska,
# 2 Exhibit B - Article - Substance abuse reporting and pregnancy,
# 3 Exhibit C - Confidentiality of Patient Records and Protections Against Discrimination,
# 4 Exhibit D - What's New in The ASAM Criteria,
# 5 Exhibit E - Article - Maternal decision making, ethics and the law) (Harth, David) (Entered:
11/09/2016)

11/09/2016

161 Deposition of Amber Fallos taken on August 31, 2016. (Sealed Document) (Schmelzer, Jody)
(Entered: 11/09/2016)

11/09/2016

162 Deposition of Kala Thompson taken on 08/30/2016. (Sealed Document) (Harth, David)
(Entered: 11/09/2016)

11/10/2016

163 Deposition of David Wargowski, M.D. taken on 10/06/2016. (Harth, David) (Entered:
11/10/2016)

11/10/2016

164 Deposition of Michael Porte, M.D. taken on 10/07/2016. (Harth, David) (Entered: 11/10/2016)

11/10/2016

165 Deposition of Barbara Knox, M.D. taken on 10/14/2016. (Harth, David) (Entered: 11/10/2016)

11/10/2016

166 MOTION FOR SUMMARY JUDGMENT by Defendants Eloise Anderson, Brad D. Schimel.
Brief in Opposition due 12/1/2016. Brief in Reply due 12/12/2016. (Keckhaver, Karla)
(Entered: 11/10/2016)

11/10/2016

167 Brief in Support of 166 Motion for Summary Judgment by Defendants Eloise Anderson, Brad
D. Schimel. (Keckhaver, Karla) (Entered: 11/10/2016)

11/10/2016

168 Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 11/10/2016)

11/10/2016

169 Declaration of Paula Brown filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment, (Attachments:
# 1 Exhibit 501 - CPS Standards (Nov. 20, 2015),
# 2 Exhibit 502 - Memo - CPS Standards (Nov. 9, 2015),
# 3 Exhibit 503 - CPS Standards (2007),
# 4 Exhibit 504 - eWIS Records for Loertscher) (Keckhaver, Karla) (Entered: 11/10/2016)

11/10/2016

170 Declaration of Karla K. Keckhaver filed by Defendants Eloise Anderson, Brad D. Schimel re:
166 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 505 - Plaintiff's Supplemental Discovery Responses,
# 2 Exhibit 506 - Prenatal Drug Use and Newborn Health,
# 3 Exhibit 507 - Principles of Addiction Medicine,
# 4 Exhibit 508 - Maternal and Neonatal Effects of Alcohol and Drugs,
# 5 Exhibit 509 - Textbook of Substance Abuse Treatment,
# 6 Exhibit 510 - Prenatal Drug Exposure: Infant and Toddler Outcomes,
# 7 Exhibit 511 - Against Professional Advice,
# 8 Exhibit 512 - Pregnant and Non-Pregnant Women with Substance Use Disorder,
# 9 Exhibit 513 - Compassionate Coercion,
# 10 Exhibit 514 - Gestational Age at Enrollment,
# 11 Exhibit 515 - Drug Addiction During Pregnancy) (Keckhaver, Karla) Modified on
11/13/2016. (lak) (Entered: 11/10/2016)

11/10/2016

171 Declaration of Barbara L. Knox filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1000 - Expert Report of Barbara L. Knox with CV Attached) (Keckhaver, Karla)
Modified on 11/13/2016: E-mail notification to counsel regarding filing expert reports as
separate docket entries. (lak) (Entered: 11/10/2016)

11/10/2016

172 Declaration of Michael Porte filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1001 - Amended Expert Report of Michael Porte,
# 2 Exhibit C - DVD Recording of Baby with NAS (Cover Page Only--Filed Conventionally
with Court),
# 3 Exhibit 1002 - Rebuttal Report of Michael Porte) (Keckhaver, Karla) Modified on
11/13/2016. (lak) (Entered: 11/10/2016)

11/10/2016

173 Declaration of David Wargowski filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1003 - Expert Report of David Wargowski and Exhibits) (Keckhaver, Karla)
Modified on 11/13/2016. (lak) (Entered: 11/10/2016)

11/10/2016

174 Declaration of Laura Baker filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 11/10/2016)

11/10/2016

175 Motion for Leave to File Corporate Disclosure Statement, and Brief of Amici Curiae by Amicus
American College of Obstetricians and Gynecologists. (Forman, Jolene) Modified on

11/13/2016: Brief in Support is attached. (lak) (Entered: 11/10/2016)
11/10/2016

176 MOTION FOR SUMMARY JUDGMENT by Plaintiff Tamara M. Loertscher. Brief in
Opposition due 12/1/2016. Brief in Reply due 12/12/2016. (Bowen, Jeff) (Entered: 11/10/2016)

11/10/2016

177 Brief in Support of 176 Motion for Summary Judgment by Plaintiff Tamara M. Loertscher.
(Bowen, Jeff) (Entered: 11/10/2016)

11/10/2016

178 Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 176 Motion for Summary
Judgment. (Bowen, Jeff) (Entered: 11/10/2016)

11/10/2016

179 Declaration of Jeff J. Bowen filed by Plaintiff Tamara M. Loertscher re: 176 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit 1 - Child Protective Service Report,
# 2 Exhibit 2 - David J. Stute, Wis. Legislative Council Staff Memorandum (10-28-97),
# 3 Exhibit 3 - Letter from City of Milwaukee Health Department to Representative Michael
Huebsch (10-27-97),
# 4 Exhibit 4 - Legislative History of 1997 Wisconsin Act 292,
# 5 Exhibit 5 - Testimony of Rep. Bonnie Ladwig in Support of Assembly Bill 463 (10-30-97),
# 6 Exhibit 6 - Testimony of Sen. Joanna B. Huelsman in Support of Assembly Bill 463
(10-30-97),
# 7 Exhibit 7 - Reporting of Unborn Child Abuse,
# 8 Exhibit 8 - Child Protective Services Access and Initial Assessment Standards (09-24-07),
# 9 Exhibit 9 - WI Child Abuse and Neglect Report 2005,
# 10 Exhibit 10 - WI Child Abuse and Neglect Report 2006,
# 11 Exhibit 11 - WI Child Abuse and Neglect Report 2007,
# 12 Exhibit 12 - WI Child Abuse and Neglect Report 2008,
# 13 Exhibit 13 - WI Child Abuse and Neglect Report 2009,
# 14 Exhibit 14 - WI Child Abuse and Neglect Report 2010,
# 15 Exhibit 15 - WI Child Abuse and Neglect Report 2011,
# 16 Exhibit 16 - WI Child Abuse and Neglect Report 2012,
# 17 Exhibit 17 - WI Child Abuse and Neglect Report 2013,
# 18 Exhibit 18 - WI Child Abuse and Neglect Report 2014,
# 19 Exhibit 19 - Mayo Clinic Health Systems Medical Records,
# 20 Exhibit 20 - Taylor County Case Notes,
# 21 Exhibit 21 - Mayo Clinic Health System Record,
# 22 Exhibit 22 - Taylor County Jail Incident Log,
# 23 Exhibit 23 - Taylor County Arrest Report,
# 24 Exhibit 24 - Taylor County Jail Medical Progress Notes,
# 25 Exhibit 25 - Letter from Taylor County social worker Darlene Anderson to Judge Douglas
T. Fox (03-20-15),
# 26 Exhibit 26 - Drug Test Results) (Bowen, Jeff) Modified on 11/13/2016. (lak) (Entered:
11/10/2016)

11/10/2016

180 MOTION FOR SUMMARY JUDGMENT by Defendant Taylor County. Brief in Opposition
due 12/1/2016. Brief in Reply due 12/12/2016. (Knott, Douglas) (Entered: 11/10/2016)

11/10/2016

181 Proposed Findings of Fact filed by Defendant Taylor County re: 180 Motion for Summary
Judgment. (Knott, Douglas) (Entered: 11/10/2016)

11/10/2016

182 Brief in Support of 180 Motion for Summary Judgment by Defendant Taylor County. (Knott,
Douglas) (Entered: 11/10/2016)

11/10/2016

183 Certificate of Service by Defendant Taylor County as to 181 Proposed Findings of Fact, 182
Brief in Support, 180 MOTION FOR SUMMARY JUDGMENT. (Knott, Douglas) (Entered:

11/10/2016)
11/11/2016

184 Declaration of Douglas S. Knott filed by Defendant Taylor County re: 180 Motion for Summary
Judgment, (Attachments:
# 1 Exhibit A - Deposition Exhibit 111 - Brown,
# 2 Exhibit B - CPS Standards,
# 3 Exhibit C - Deposition Exhibit 143 - Tuohy,
# 4 Exhibit D - Deposition Exhibit 144 - Tuohy,
# 5 Exhibit E - Deposition Exhibit 146 - Tuohy,
# 6 Exhibit F - Deposition Exhibit 141 - Tuohy,
# 7 Exhibit G, Part 1 of 2 - County Documents (with Bates Stamps),
# 8 Exhibit G, Part 2 of 2 - County Documents (with Bates Stamps),
# 9 Exhibit H - Interagency Agreement,
# 10 Exhibit I - Deposition Exhibit 150 - Everson,
# 11 Exhibit J - Appendix to CPS Standards,
# 12 Exhibit K - Plaintiff's Responses to County Discovery Requests, First,
# 13 Exhibit L - Plaintiff's Document Production (Excerpts of State Policies)) (Knott, Douglas)
Modified on 11/13/2016. (lak) (Entered: 11/11/2016)

11/14/2016

185 ** TEXT ONLY ORDER **
ORDER granting 175 Motion for Leave to File Corporate Disclosure Statement and Brief of
Amici Curiae. Signed by District Judge James D. Peterson on 11/14/2016. (kwf) (Entered:
11/14/2016)

11/23/2016

186 Motion for Reconsideration re: 185 Order on Motion for Leave to File by Defendants Eloise
Anderson, Brad D. Schimel. Response due 11/30/2016. (Keckhaver, Karla) (Entered:
11/23/2016)

11/29/2016

187 Brief in Opposition by Amicus American College of Obstetricians and Gynecologists re: 186
Motion for Reconsideration filed by Eloise Anderson, Brad D. Schimel. (Forman, Jolene)
(Entered: 11/29/2016)

12/01/2016

188 ORDER denying 186 Motion for Reconsideration. Signed by District Judge James D. Peterson
on 12/1/2016. (kwf) (Entered: 12/01/2016)

12/01/2016

189 Brief in Opposition by Defendants Eloise Anderson, Brad D. Schimel re: 176 Motion for
Summary Judgment filed by Tamara M. Loertscher. (Keckhaver, Karla) (Entered: 12/01/2016)

12/01/2016

190 Response Stating No Opposition by Defendants Eloise Anderson, Brad D. Schimel re: 180
Motion for Summary Judgment filed by Taylor County. (Keckhaver, Karla) (Entered:
12/01/2016)

12/01/2016

191 Response to Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D. Schimel
re: 176 Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 12/01/2016)

12/01/2016

192 Response to Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D. Schimel
re: 180 Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 12/01/2016)

12/01/2016

193 Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 12/01/2016)

12/01/2016

194 Declaration of Michael Quirke filed by Defendants Eloise Anderson, Brad D. Schimel re: 166
Motion for Summary Judgment, (Attachments:
# 1 Exhibit 516 - State and County Contract for Substance Abuse and Prevention Treatment
Block Grant,
# 2 Exhibit 517 - PPS Substance Use Module Handbook (Feb. 2016),
# 3 Exhibit 518 - Table) (Keckhaver, Karla) Modified on 12/2/2016. (lak) (Entered: 12/01/2016)

12/01/2016

195 Response to Proposed Findings of Fact filed by Defendant Taylor County re: 166 Motion for
Summary Judgment. (Knott, Douglas) Modified on 12/2/2016. (lak) (Entered: 12/01/2016)

12/01/2016

196 Response to Proposed Findings of Fact filed by Defendant Taylor County re: 166 Motion for
Summary Judgment. (Knott, Douglas) (Entered: 12/01/2016)

12/01/2016

197 Certificate of Service by Defendant Taylor County as to 195 Response to Proposed Findings of
Fact, 196 Response to Proposed Findings of Fact. (Knott, Douglas) (Entered: 12/01/2016)

12/01/2016

198 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 166 Motion for Summary Judgment
filed by Eloise Anderson, Brad D. Schimel. (Bowen, Jeff) (Entered: 12/01/2016)

12/01/2016

199 Response to Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 166 Motion
for Summary Judgment. (Bowen, Jeff) (Entered: 12/01/2016)

12/01/2016

200 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 180 Motion for Summary Judgment
filed by Taylor County. (Bowen, Jeff) (Entered: 12/02/2016)

12/02/2016

201 Response to Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 180 Motion
for Summary Judgment. (Bowen, Jeff) (Entered: 12/02/2016)

12/02/2016

202 Supplemental Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 180 Motion
for Summary Judgment. (Bowen, Jeff) (Entered: 12/02/2016)

12/02/2016

203 Declaration of Jeff J. Bowen filed by Plaintiff Tamara M. Loertscher re: 180 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit 1 - Taylor County Jail Report,
# 2 Exhibit 2 - Spreadsheet of Taylor County Cases,
# 3 Exhibit 3 - Initial Assessment - Primary,
# 4 Exhibit 4 - Temporary Physical Custody Request,
# 5 Exhibit 5 - Notice of Child Maltreatment Determination and Right to Appeal,
# 6 Exhibit 6 - Letter from C. Bauer to K. Tlusty dated 02-04-11) (Bowen, Jeff) (Entered:
12/02/2016)

12/07/2016

204 Joint Motion for Extension of Time to File Summary Judgment Reply Materials by Defendants
Eloise Anderson, Brad D. Schimel. Motions referred to Magistrate Judge Stephen L. Crocker.
(Keckhaver, Karla) (Entered: 12/07/2016)

12/07/2016

205 ** TEXT ONLY ORDER **
ORDER granting 204 Joint Motion for Extension of Time to File Summary Judgment Reply
Materials. Replies in Support of Summary Judgment due 12/22/2016. Signed by Magistrate
Judge Stephen L. Crocker on 12/7/2016. (arw) (Entered: 12/07/2016)

12/15/2016

206 Deposition of Michael Quirke taken on 12/12/16. (Bowen, Jeff) (Entered: 12/15/2016)

12/19/2016

207 Joint Motion for Extension of Time to File Plaintiff's Amended Response and State Defendants'
Reply to State Defendants' Proposed Findings of Fact by Defendants Eloise Anderson, Brad D.
Schimel. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 12/27/2016.
(Keckhaver, Karla) (Entered: 12/19/2016)

12/21/2016

208 ** TEXT ONLY ORDER **
ORDER granting 207 Motion for Extension of Time to File Plaintiff's Amended Response and
State Defendants' Reply to State Defendants' Proposed Findings of Fact. Signed by Magistrate
Judge Stephen L. Crocker on 12/21/2016. (kwf) (Entered: 12/21/2016)

12/22/2016

209 Brief in Reply by Defendants Eloise Anderson, Brad D. Schimel in Support of 166 Motion for
Summary Judgment. (Keckhaver, Karla) (Entered: 12/22/2016)

12/22/2016

210 Reply in Support of Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D.
Schimel re: 166 Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 12/22/2016)

12/22/2016

211 Response to Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D. Schimel
re: 180 Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 12/22/2016)

12/22/2016

212 Brief in Reply by Defendant Taylor County in Support of 180 Motion for Summary Judgment.
(Knott, Douglas) (Entered: 12/22/2016)

12/22/2016

213 Response to Supplemental Proposed Findings of Fact filed by Defendant Taylor County re: 180
Motion for Summary Judgment. (Knott, Douglas) Modified on 12/23/2016. (lak) (Entered:
12/22/2016)

12/22/2016

214 Response to Additional Proposed Findings of Fact filed by Defendant Taylor County re: 180
Motion for Summary Judgment. (Knott, Douglas) Modified on 12/23/2016. (lak) (Entered:
12/22/2016)

12/22/2016

215 Declaration of Ryan M. Wiesner filed by Defendant Taylor County in Support re: 180 Motion
for Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit A - Plaintiff's Medical Records) (Knott, Douglas) Modified on 12/23/2016. (lak)
(Entered: 12/22/2016)

12/22/2016

216 Certificate of Service by Defendant Taylor County. (Knott, Douglas) Modified on 12/23/2016.
(lak) (Entered: 12/22/2016)

12/22/2016

217 Brief in Reply by Plaintiff Tamara M. Loertscher in Support of 176 Motion for Summary
Judgment. (Bowen, Jeff) (Entered: 12/22/2016)

12/22/2016

218 Reply in Support of Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 176
Motion for Summary Judgment. (Bowen, Jeff) (Entered: 12/22/2016)

12/22/2016

219 Response to Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 166 Motion
for Summary Judgment. (Bowen, Jeff) (Entered: 12/22/2016)

12/22/2016

220 Reply in Support of Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re: 176
Motion for Summary Judgment. (Bowen, Jeff) (Entered: 12/22/2016)

12/30/2016

221 Amended Response to Proposed Findings of Fact filed by Plaintiff Tamara M. Loertscher re:
166 Motion for Summary Judgment. (Bowen, Jeff) (Entered: 12/30/2016)

01/03/2017

222 Reply in Support of Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D.
Schimel re: 166 Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 01/03/2017)

01/03/2017

223 Reply in Support of Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D.
Schimel re: 166 Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 01/03/2017)

01/06/2017

224 Reply in Support of Proposed Findings of Fact filed by Defendants Eloise Anderson, Brad D.
Schimel re: 166 Motion for Summary Judgment. (Keckhaver, Karla) (Entered: 01/06/2017)

03/24/2017

225 Joint Motion for Hearing (Status Conference) by Defendants Eloise Anderson, Brad D.
Schimel. (Keckhaver, Karla) Modified on 3/24/2017. (lak) (Entered: 03/24/2017)

03/24/2017

226 ** TEXT ONLY ORDER **
The court will hold a status conference to discuss trial logistics, as the parties request. Dkt. 225 .
The court will schedule the status conference after the court rules on the pending motions for
summary judgment. Signed by District Judge James D. Peterson on 3/24/2017. (voc) (Entered:
03/24/2017)

03/31/2017

227 Notice of Appearance of Danielle Grant-Keane filed by Jesse Jonas Bair for Plaintiff Tamara
M. Loertscher. (Bair, Jesse) Modified on 4/3/2017: Signed by Jesse J. Bair. (lak) (Entered:
03/31/2017)

03/31/2017

228 Notice of Appearance of Truscenialyn Brooks filed by Jesse Jonas Bair for Plaintiff Tamara M.
Loertscher. (Bair, Jesse) Modified on 4/3/2017: Signed by Jesse J. Bair. (lak) (Entered:
03/31/2017)

03/31/2017

229 Notice of Appearance of Christopher G. Hanewicz filed by Jesse Jonas Bair for Plaintiff Tamara
M. Loertscher. (Bair, Jesse) Modified on 4/3/2017: Signed by Jesse J. Bair. (lak) (Entered:
03/31/2017)

04/03/2017

230 Motion for Protective Order, Seeking to be Excused from Plaintiff's Rule 34(a)(2) Request to
Inspect Property by Defendant Taylor County. (Wiesner, Ryan) Modified on 4/4/2017. (lak)
(Entered: 04/03/2017)

04/03/2017

231 Declaration of Ryan M. Wiesner filed by Defendant Taylor County re: 230 Motion for
Protective Order, (Attachments:
# 1 Exhibit A - Plaintiff's Rule 34(a)(2) Request to Inspect Property,
# 2 Exhibit B - Meet and Confer Email Chain) (Wiesner, Ryan) Modified on 4/4/2017. (lak)
(Entered: 04/03/2017)

04/03/2017

232 Certificate of Service by Defendant Taylor County as to 230 Motion for Protective Order, 231
Declaration,. (Wiesner, Ryan) Modified on 4/4/2017. (lak) (Entered: 04/03/2017)

04/04/2017

Set Deadlines and Hearings re: 230 Motion for Protective Order, Seeking to be Excused from
Plaintiff's Rule 34(a)(2) Request to Inspect Property. Brief in Opposition due 4/10/2017.
Telephone Motion Hearing set for 4/12/2017 at 3:00 PM before Magistrate Judge Stephen L.
Crocker. Counsel for Defendant Taylor County responsible for setting up the call to chambers at
[phone]. (kwf) (Entered: 04/04/2017)

04/10/2017

233 Response Stating No Opposition by Defendants Eloise Anderson, Brad D. Schimel re: 230
Motion for Protective Order filed by Taylor County. (Keckhaver, Karla) (Entered: 04/10/2017)

04/10/2017

234 Brief in Opposition by Plaintiff Tamara M. Loertscher re: 230 Motion for Protective Order filed
by Taylor County. (Brooks, Truscenialyn) (Entered: 04/10/2017)

04/10/2017

235 Declaration of Truscenialyn Brooks filed by Plaintiff Tamara M. Loertscher re: 230 Motion for
Protective Order, (Attachments:
# 1 Exhibit 1 - March 13, 2017 Email,
# 2 Exhibit 2 - March 31, 2017 Email,
# 3 Exhibit 3 - April 3, 2017 Email) (Brooks, Truscenialyn) (Entered: 04/10/2017)

04/13/2017

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Motion Hearing held on 4/12/2017 [:45] (cak) (Entered: 04/13/2017)

04/13/2017

236 ** TEXT ONLY ORDER **
On April 12, 2017, the court held a telephonic hearing on defendant Taylor County's Motion for
a Protective Order 230 . After discussing the motion with all who wished to be heard, the court
denied it for reasons stated. That said, the jail has raised legitimate logistical concerns that must
be addressed by the parties. Counsel are to meet and confer forthwith to attempt to reach an
agreement on the details of the video recording. If agreement eludes them, then counsel must
promptly notify the court so that it can convene a follow-up telephonic conference to resolve
the disputes.
The court also advised the parties that their April 14, 2017 submission deadline is stricken, the
May 22, 2017 trial date remains firm, and Judge Peterson will hold his telephonic status

conference with counsel promptly after he enters his order(s) on the pending summary judgment
motions. Signed by Magistrate Judge Stephen L. Crocker on 4/13/2017. (arw) (Entered:
04/13/2017)
04/24/2017

237 Deposition of Tamara Loertscher taken on April 4, 2017. (Sealed Document) (Keckhaver,
Karla) Modified on 4/24/2017: Transcript sealed pursuant to phone call from Attorney
Keckhaver's office. (jat) (Entered: 04/24/2017)

04/24/2017

238 Motion to Compel Answer to a Deposition Question by Defendants Eloise Anderson, Brad D.
Schimel. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 5/1/2017.
(Sealed Document) (Keckhaver, Karla) Modified on 4/24/2017: Sealed pursuant to phone call
from Attorney Keckhaver's office. (arw) (Entered: 04/24/2017)

04/24/2017

239 Declaration of Jody J. Schmelzer filed by Defendants Eloise Anderson, Brad D. Schimel re: 238
Motion to Compel. (Attachments:
# 1 Exhibit A - Email Exchange) Sealed Document) (Keckhaver, Karla) Modified on
4/24/2017: Sealed pursuant to phone call from Attorney Keckhaver's office. (arw) (Entered:
04/24/2017)

04/24/2017

Set Deadlines and Hearings re: 238 Motion to Compel Answer to a Deposition Question.
Telephone Motion Hearing set for 5/3/2017 at 2:30 PM before Magistrate Judge Stephen L.
Crocker. Counsel for Defendants Eloise Anderson and Brad D. Schimel responsible for setting
up the call to chambers at [phone]. (kwf) (Entered: 04/24/2017)

04/28/2017

240 OPINION AND ORDER that defendants Brad Schimel and Eloise Anderson's motion for
summary judgment, Dkt. 166 , is DENIED; that plaintiff Tamara M. Loertscher's motion for
summary judgment, Dkt. 176 , is GRANTED and that the State is enjoined from enforcing 1997
Wisconsin Act 292 statewide; that defendant Taylor County's motion for summary judgment,
Dkt. 180 , is GRANTED; and that defendants Brad Schimel and Eloise Anderson's motion to
compel, Dkt. 238 , is DENIED as moot. Signed by District Judge James D. Peterson on
04/28/2017. (ejt) (Entered: 04/28/2017)

05/03/2017

241 NOTICE OF APPEAL by Defendants Eloise Anderson, Brad D. Schimel as to 240 Order.
Filing fee of $ 505, receipt number 0758-2018398 paid. No Docketing Statement filed.
(Attachments:
# 1 Exhibit - Opinion and Order dated April 28, 2017) (Keckhaver, Karla) (Entered:
05/03/2017)

05/03/2017

242 Emergency Motion to Stay Injunction and Ruling Pending Appeal and for Immediate
Temporary Stay While Motion is Pending by Defendants Eloise Anderson, Brad D. Schimel.
Response due 5/10/2017. (Keckhaver, Karla) (Entered: 05/03/2017)

05/03/2017

243 Declaration of Laura Baker filed by Defendants Eloise Anderson, Brad D. Schimel re: 242
Motion to Stay. (Keckhaver, Karla) (Entered: 05/03/2017)

05/03/2017

244 JUDGMENT entered in favor of plaintiff Tamara M. Loertscher against defendants Brad D.
Schimel and Eloise Anderson declaring that 1997 Wisconsin Act 292 is unconstitutional
because it is void for vagueness. It is ordered that the enforcement of 1997 Wisconsin Act 292
is enjoined statewide. Judgment entered in favor of defendant Taylor County against plaintiff
Tamara M. Loertscher on Loertscher's claim against Taylor County. All other claims by and
against any party are dismissed. (JDP/PAO) (kwf) (Entered: 05/03/2017)

05/04/2017

245 Appeal Information Packet. (lak) (Entered: 05/04/2017)