Dunn, Phillip v. Levine, Elliott et al

Filing 114

Transmission of Notice of Appeal, Judgment, Order and Docket Sheet to Seventh Circuit Court of Appeals re 111 Notice of Appeal. (Attachments: # 1 Judgment (dkt. 94 ), # 2 Order (dkt. 109 ), # 3 Docket Sheet) (nln),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15−cv−00430−wmc
Dunn, Phillip v. Secord, Ron et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Civil Rights Act

Date Filed: 07/09/2015
Date Terminated: 12/09/2016
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Phillip S. Dunn

represented by Phillip S. Dunn
325 Jackson St.
La Crosse, WI 54601
(608) 620−1619
Email: [e-mail]
PRO SE

V.
Defendant
Elliott Levine
TERMINATED: 10/05/2015
Defendant
Jessica Skemp
TERMINATED: 10/05/2015
Defendant
Ronald Tischer
TERMINATED: 10/05/2015
Defendant
Patricia O'Neil
TERMINATED: 10/05/2015
Defendant
Ron Secord

represented by Samuel C. Hall , Jr.
Crivello Carlson, S.C.
710 North Plankinton Avenue
Suite 500
Milwaukee, WI 53203
262−821−9288
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy M. Johnson
Crivello Carlson, S.C.
710 North Plankinton Avenue
Suite 500
Milwaukee, WI 53203
414−271−7722
Fax: 414−271−4438
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matteo Reginato

Arenz, Molter, Macy, Riffle & Larson,
S.C.
720 N. East Avenue
Waukesha, WI 53186
262−548−1340
Fax: 262−548−9211
Email: [e-mail]
TERMINATED: 04/29/2016
Remzy Bitar
Arenz, Molter, Macy, Riffle & Larson,
S.C.
720 N. East Avenue
Waukesha, WI 53186
262−548−1340
Fax: 262−548−9211
Email: [e-mail]
TERMINATED: 04/29/2016
Defendant
Andrew Dittman
TERMINATED: 10/05/2015
Defendant
Shawn Kudron
TERMINATED: 09/21/2016

represented by Samuel C. Hall , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy M. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matteo Reginato
(See above for address)
TERMINATED: 04/29/2016
Remzy Bitar
(See above for address)
TERMINATED: 04/29/2016

Defendant
Dan Ulrich

represented by Samuel C. Hall , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy M. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matteo Reginato
(See above for address)
TERMINATED: 04/29/2016
Remzy Bitar
(See above for address)
TERMINATED: 04/29/2016

Defendant

Nathan Poke

represented by Samuel C. Hall , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Timothy M. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matteo Reginato
(See above for address)
TERMINATED: 04/29/2016
Remzy Bitar
(See above for address)
TERMINATED: 04/29/2016

Defendant
City of La Crosse, Wisconsin
TERMINATED: 10/05/2015
Date Filed

#

Docket Text

07/09/2015

1 COMPLAINT against All Defendants filed by Plaintiff Phillip S. Dunn. (Case
randomly assigned to District Judge Barbara B. Crabb.) (Attachments:
# 1 Envelope) (nln) (Entered: 07/10/2015)

07/09/2015

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Phillip S. Dunn. (nln),(ps)
(Entered: 07/10/2015)

07/10/2015

3 ORDER on ifp request: Plaintiff Phillip S. Dunn's 2 motion for leave to proceed
without prepayment of fees is GRANTED. Complaint taken under advisement for
screening. Signed by Magistrate Judge Peter A. Oppeneer on 7/10/2015. (nln),(ps)
(Entered: 07/10/2015)

07/22/2015

4 Notice of Change of Address by Plaintiff Phillip S. Dunn (Attachments:
# 1 Envelope) (nln),(ps) (Entered: 07/22/2015)

07/30/2015

5 ORDER dismissing plaintiff's 1 complaint with prejudice respect to his claims against
defendants Elliot Levine, Jessica Skemp and Patricia O'Neil. Plaintiff's claims against
defendants Ronald Tischer, Patricia O'Neil, Ryan Secord, Andrew Dittman, Shawn
Kudron, Dan Ulrich, Nathan Poke and the City of La Crosse are dismissed without
prejudice. Plaintiff may have until August 20, 2015, to file an amended complaint with
respect to his claims against these defendants. Plaintiff's request to stay the case, dkt. #
4 , is DENIED. Signed by District Judge Barbara B. Crabb on 7/30/2015. (jef)(ps)
(Entered: 07/30/2015)

08/19/2015

6 Disregard. Refiled as dkt. # 7 . (Dunn, Phillip),(ps) Modified docket text on 8/20/2015
(nln). (Entered: 08/19/2015)

08/20/2015

7 AMENDED COMPLAINT against All Defendants, filed by Phillip S. Dunn. (Dunn,
Phillip),(ps) (Entered: 08/20/2015)

09/10/2015

8 Motion for Reconsideration by Plaintiff Phillip Samuel Dunn. (Attachments:
# 1 Exhibit,
# 2 Exhibit,
# 3 Exhibit,
# 4 Exhibit,
# 5 Exhibit,
# 6 Exhibit,
# 7 Exhibit,
# 8 Exhibit,
# 9 Exhibit,
# 10 Exhibit,

# 11 Exhibit,
# 12 Exhibit,
# 13 Exhibit,
# 14 Exhibit,
# 15 Exhibit,
# 16 Exhibit,
# 17 Exhibit,
# 18 Exhibit,
# 19 Exhibit,
# 20 Exhibit,
# 21 Exhibit,
# 22 Exhibit,
# 23 Exhibit,
# 24 Exhibit) (Dunn, Phillip),(ps) (Entered: 09/10/2015)
10/05/2015

9 ORDER on Leave to Proceed: Plaintiff granted leave to proceed against Defendants
Shawn Kudron, Nathan Poke, Ryan Secord, Dan Ulrich. Leave to proceed denied and
case dismissed against Elliott Levine, Patricia O'Neil, Jessica Skemp, Ronald Tischer,
City of La Crosse, Wisconsin and Andrew Dittman. Service to be made by USMS.
Plaintiff's motion for reconsideration is denied. Signed by District Judge Barbara B.
Crabb on 10/5/2015. (jef),(ps) (Entered: 10/05/2015)

10/06/2015

10 Summons Issued as to Shawn Kudron, Nathan Poke, Ryan Secord, Dan Ulrich.
Forwarded to USMS for service. (Attachments:
# 1 Summons as to Kudron,
# 2 Summons as to Ulrich,
# 3 Summons as to Poke) (jef),(ps) (Entered: 10/06/2015)

11/05/2015

11 Disregard. Refiled as dkt. # 16 . Modified docket text on 11/6/2015 (nln). (Entered:
11/05/2015)

11/05/2015

12 Corporate Disclosure Statement by Defendants Shawn Kudron, Nathan Poke, Ryan
Secord, Dan Ulrich. (Bitar, Remzy),(ps) (Entered: 11/05/2015)

11/05/2015

13 ANSWER with Jury Demand by Defendants Shawn Kudron, Nathan Poke, Ryan
Secord, Dan Ulrich. (Bitar, Remzy),(ps) (Entered: 11/05/2015)

11/05/2015

14 Notice of Appearance filed by Remzy Bitar for Defendants Shawn Kudron, Nathan
Poke, Ryan Secord, Dan Ulrich. (Bitar, Remzy),(ps) (Entered: 11/05/2015)

11/05/2015

15 Certificate of Service by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan
Ulrich. (Bitar, Remzy),(ps) (Entered: 11/05/2015)

11/05/2015

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 12/8/2015 at
01:00 PM before Magistrate Judge Stephen L. Crocker. Plaintiff responsible for
contacting the court at (608) 264−5153. Once plaintiff's call has been received, the
court will then include counsel for defendant in the conference call. [Notice Regarding
the Telephone Preliminary Pretrial Conference attached] (nln),(ps) (Entered:
11/05/2015)

11/06/2015

16 Notice of Appearance filed by Matteo Reginato for Defendants Shawn Kudron,
Nathan Poke, Ryan Secord, Dan Ulrich. (Reginato, Matteo),(ps) (Entered: 11/06/2015)

11/09/2015

17 Mail sent to Plaintiff Phillip S. Dunn returned as undeliverable re 9 Order on Leave to
Proceed. (nln),(ps) (Entered: 11/09/2015)

11/09/2015

Plaintiff Phillip Dunn's address has been updated to 83 Boul St., West Salem, WI
54669 per his phone call to the clerk's office. (jef),(ps) (Entered: 11/09/2015)

12/08/2015

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference − Pro Se held on 12/8/2015 [:20] (cak),(ps)
(Entered: 12/08/2015)

12/11/2015

18 Pretrial Conference Order − Dispositive Motions due 5/16/2016. Final Pretrial
Submissions due 11/4/2016. Responses due 11/18/2016. Final Pretrial Conference set
for 11/30/2016 at 04:00 PM. Jury Selection and Trial set for 12/5/2016 at 09:00 AM.
Signed by Magistrate Judge Stephen L. Crocker on 12/10/2015. (jef),(ps) (Entered:
12/11/2015)

03/18/2016

19 MOTION FOR INJUNCTIVE RELIEF (Ex Parte Document) by Plaintiff Phillip
Samuel Dunn. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/18/2016)

03/18/2016

20 Summary of Facts to Support Suspension or Termination of Probation as to case 14 CF
778 by Plaintiff Phillip Samuel Dunn. (elc),(ps) (Entered: 03/18/2016)

04/04/2016

21 ORDER denying 19 motion for injunctive relief. Signed by District Judge Barbara B.
Crabb on 4/4/2016. (jef),(ps) (Entered: 04/04/2016)

04/15/2016

22 Mail sent to Phillip S. Dunn at Ramsey County Adult Detention Center Returned as
Undeliverable re 21 Order on Motion for Preliminary Injunction. Order re−sent to
plaintiff at the LaCrosse County Jail. (elc),(ps) (Entered: 04/15/2016)

04/28/2016

23 Letter Requesting Copies by Plaintiff Phillip Samuel Dunn. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 04/28/2016)

04/29/2016

24 Notice by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan Ulrich of
Substitution of Counsel. (Johnson, Timothy),(ps) Modified on 5/2/2016: Corrected
typo, etc. (lak) (Entered: 04/29/2016)

04/29/2016

25 Certificate of Service by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan
Ulrich. (Johnson, Timothy),(ps) (Entered: 04/29/2016)

04/29/2016

26 Certificate of Service by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan
Ulrich. (Johnson, Timothy),(ps) Modified on 5/2/2016: List of Expert Witnesses was
not filed electronically with the court. (lak) (Entered: 04/29/2016)

05/05/2016

27 Motion to Reschedule Trial and Extend Motion Deadlines by Plaintiff Phillip Samuel
Dunn. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 05/05/2016)

05/11/2016

28 Letter from Clerk's Office regarding plaintiff's 23 request for copies. (jef),(ps)
(Entered: 05/11/2016)

05/12/2016

29 Brief in Opposition by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan
Ulrich re: 27 Motion to Reschedule Trial and Extend Motion Deadlines filed by Phillip
Samuel Dunn. (Johnson, Timothy),(ps) (Entered: 05/12/2016)

05/13/2016

30 Certificate of Service by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan
Ulrich. (Johnson, Timothy),(ps) (Entered: 05/13/2016)

05/16/2016

31 MOTION FOR SUMMARY JUDGMENT by Defendants Shawn Kudron, Nathan
Poke, Ryan Secord, Dan Ulrich. (Johnson, Timothy),(ps) (Entered: 05/16/2016)

05/16/2016

32 Proposed Findings of Fact filed by Defendants Shawn Kudron, Nathan Poke, Ryan
Secord, Dan Ulrich re: 31 Motion for Summary Judgment. (Johnson, Timothy),(ps)
(Entered: 05/16/2016)

05/16/2016

33 Affidavit of Shawn Kudron filed by Defendant Shawn Kudron, Nathan Poke, Ryan
Secord, Dan Ulrich re: 31 Motion for Summary Judgment. (Johnson, Timothy),(ps)
Filers Modified on 5/17/2016 (jat). (Entered: 05/16/2016)

05/16/2016

34 Affidavit of Dan Ulrich filed by Defendants Shawn Kudron, Nathan Poke, Ryan
Secord, Dan Ulrich re: 31 Motion for Summary Judgment. (Johnson, Timothy),(ps)
(Entered: 05/16/2016)

05/16/2016

35 Affidavit of Nathan Poke filed by Defendants Shawn Kudron, Nathan Poke, Ryan
Secord, Dan Ulrich re: 31 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A − Unredacted Commitment Order, La Crosse County Circuit Court)
(Johnson, Timothy),(ps) Modified on 5/17/2016: Added exhibit description. E−mail to
counsel. (lak) (Entered: 05/16/2016)

05/16/2016

36 Affidavit of Ron Secord filed by Defendants Shawn Kudron, Nathan Poke, Ryan
Secord, Dan Ulrich re: 31 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A − Transcript,
# 2 Exhibit B − Search Warrant) (Johnson, Timothy),(ps) Modified on 5/17/2016:
Added exhibit descriptions. E−mail to counsel. (lak) (Entered: 05/16/2016)

05/16/2016

37 Brief in Support of 31 Motion for Summary Judgment by Defendants Shawn Kudron,
Nathan Poke, Ryan Secord, Dan Ulrich. (Johnson, Timothy),(ps) (Entered:
05/16/2016)

05/16/2016

38 Certificate of Service by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan
Ulrich as to 34 Affidavit, 36 Affidavit, 31 MOTION FOR SUMMARY JUDGMENT,
35 Affidavit, 33 Affidavit, 37 Brief in Support, 32 Proposed Findings of Fact.
(Johnson, Timothy),(ps) (Entered: 05/16/2016)

05/17/2016

Set Briefing Deadlines as to 31 MOTION FOR SUMMARY JUDGMENT . [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Crabb attached.] Plaintiff's
Brief in Opposition due 6/16/2016. Defendants' Brief in Reply due 6/27/2016.
(nln),(ps) (Entered: 05/17/2016)

05/18/2016

39 ORDER denying 27 motion to reschedule trial and extend motion deadlines. Signed by
District Judge Barbara B. Crabb on 5/18/2016. (jef),(ps) (Entered: 05/18/2016)

05/23/2016

40 Motion for Guidance re: How to Proceed re: Plaintiff's Refusal of Mail, by Defendants
Shawn Kudron, Nathan Poke, Ryan Secord, Dan Ulrich, (Attachments:
# 1 Cover Letter and Envelope) (Johnson, Timothy),(ps) Modified on 5/24/2016. (lak)
(Entered: 05/23/2016)

05/24/2016

41 ORDER that the briefing schedule on the motion for summary judgment filed by
defendants Ryan Secord, Shawn Kudron, Dan Ulrich and Nathan Poke is STAYED.
Defendants may have until June 1, 2016, to attempt service again and report back to
the court, after following the instructions in this order. If defendants do not respond by
June 1, 2016, I will deny their summary judgment motion for lack of service. Signed
by District Judge Barbara B. Crabb on 5/24/2016. (jef),(ps) (Entered: 05/24/2016)

05/31/2016

42 Letter from plaintiff regarding receiving a briefing notice but not defendants' motion.
(Attachments:
# 1 Envelope) (jef),(ps) (Entered: 05/31/2016)

05/31/2016

43 Mail sent to Phillip Samuel Dunn Returned as Undeliverable/Inmate Not Here re 28
Letter from Clerk's Office regarding plaintiff's request for copies. Mail resent to
plaintiff at the La Crosse County Jail, per confirmation with the La Crosse County
Inmate Locator website. (elc),(ps) (Entered: 05/31/2016)

05/31/2016

44 Response to Order re: 41 Order Staying Briefing Schedule, by Defendants Shawn
Kudron, Nathan Poke, Ryan Secord, Dan Ulrich, (Attachments:
# 1 Certificate of Service) (Johnson, Timothy),(ps) Modified on 6/1/2016: Corrected
docketing event; noted that the attachment (Invoice) is not attached separately. (lak)
(Entered: 05/31/2016)

06/01/2016

Reset Briefing Deadlines as to 31 MOTION FOR SUMMARY JUDGMENT . [Pro Se
Summary Judgment Procedure for Cases Assigned to Judge Crabb attached.] Plaintiff's
Brief in Opposition due 7/1/2016. Defendants' Brief in Reply due 7/11/2016. (nln),(ps)
(Entered: 06/01/2016)

06/08/2016

45 Motion for injunctive relief and stay in cases by Plaintiff Phillip Samuel Dunn.
(Attachments:
# 1 Envelope) (jef),(ps) Unsealed per dkt. 47 order on 6/14/2016 (jef). (Entered:
06/08/2016)

06/09/2016

46 Motion for Stay (extension of time to file brief in opposition) by Plaintiff Phillip
Samuel Dunn. (Attachments:
# 1 Envelope) (jef),(ps) (Entered: 06/09/2016)

06/14/2016

47 ORDER that Phillip Dunn's motion to stay case no. 15−cv−430−bbc and
16−cv−224−bbc is DENIED. Dunn's alternative request to extend his summary
judgment deadline to July 5, 2016, is GRANTED. The clerk of court is directed to
UNSEAL Dunn's motion to stay. Signed by District Judge Barbara B. Crabb on
6/13/2016. (jef),(ps) (Entered: 06/14/2016)

07/01/2016

48 Notice of Motion and Response by Plaintiff Phillip Samuel Dunn re: 31 Motion for
Summary Judgment filed by Shawn Kudron, Ryan Secord, Dan Ulrich, Nathan Poke.
(Attachments:
# 1 Certificate of Service,

# 2 Envelope) (jef),(ps) Modified on 7/1/2016 (jef). (Entered: 07/01/2016)
07/01/2016

49 Brief in Opposition by Plaintiff Phillip Samuel Dunn re: 31 Motion for Summary
Judgment filed by Shawn Kudron, Ryan Secord, Dan Ulrich, Nathan Poke. (jef),(ps)
(Entered: 07/01/2016)

07/01/2016

50 Response to Proposed Findings of Fact filed by Plaintiff Phillip Samuel Dunn re: 31
Motion for Summary Judgment. (jef),(ps) (Entered: 07/01/2016)

07/01/2016

51 Affidavit of Phillip Samuel Dunn re: 31 Motion for Summary Judgment. (jef),(ps)
(Entered: 07/01/2016)

07/05/2016

52 Letter from plaintiff regarding mailing of summary judgment opposition.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 07/05/2016)

07/06/2016

53 Letter from clerk's office in response to 52 Letter from plaintiff regarding mailing of
summary judgment opposition. (elc),(ps) (Entered: 07/06/2016)

07/11/2016

54 Reply in Support of Proposed Findings of Fact filed by Defendants Shawn Kudron,
Nathan Poke, Ryan Secord, Dan Ulrich re: 31 Motion for Summary Judgment.
(Johnson, Timothy),(ps) Modified on 7/12/2016: Corrected docketing event. (lak)
(Entered: 07/11/2016)

07/11/2016

55 Brief in Reply by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan Ulrich
in Support of 31 Motion for Summary Judgment, (Attachments:
# 1 Certificate of Service) (Johnson, Timothy),(ps) (Entered: 07/11/2016)

08/01/2016

56 Certificate of Service by Defendants Shawn Kudron, Nathan Poke, Ryan Secord, Dan
Ulrich as to 54 Response to Proposed Findings of Fact, 55 Brief in Reply. (Johnson,
Timothy),(ps) (Entered: 08/01/2016)

09/21/2016

57 ORDER granting in part and denying in part 31 Motion for Summary Judgment.
Signed by District Judge Barbara B. Crabb on 9/21/2016. (elc),(ps) (Entered:
09/21/2016)

09/30/2016

58 Trial Preparation Order: Motion for Issuance of Subpoenas or Writs due 11/7/2016.
Final Pretrial Submissions due 11/4/2016. Signed by District Judge Barbara B. Crabb
on 9/30/2016. (jef),(ps) (Entered: 09/30/2016)

10/31/2016

59 Status Report Regarding Defendants' Appearance at Trial Without Subpoena by
Defendants Nathan Poke, Ron Secord, Dan Ulrich, (Attachments:
# 1 Certificate of Service) (Johnson, Timothy),(ps) Modified on 11/1/2016. (lak)
(Entered: 10/31/2016)

11/02/2016

Set/Reset Hearings: Final Pretrial Conference re−set to 12/5/2016 at 08:00 AM
(immediately before trial). (jef),(ps) (Entered: 11/02/2016)

11/04/2016

60 Deposition of Phillip S. Dunn taken on October 20, 2016. (Johnson, Timothy),(ps)
(Entered: 11/04/2016)

11/04/2016

61 Deposition of Audrey J. Perkins taken on October 20, 2016. (Johnson, Timothy),(ps)
(Entered: 11/04/2016)

11/04/2016

62 Proposed Voir Dire by Defendants Nathan Poke, Ron Secord, Dan Ulrich. (Johnson,
Timothy),(ps) (Entered: 11/04/2016)

11/04/2016

63 Rule 26(a)(3) Pretrial Disclosures by Defendants Nathan Poke, Ron Secord, Dan
Ulrich. (Johnson, Timothy),(ps) (Entered: 11/04/2016)

11/04/2016

64 Proposed Special Verdict − Liability and Damages by Defendants Nathan Poke, Ron
Secord, Dan Ulrich. (Johnson, Timothy),(ps) (Entered: 11/04/2016)

11/04/2016

65 Proposed Jury Instructions − Liability and Damages by Defendants Nathan Poke, Ron
Secord, Dan Ulrich. (Johnson, Timothy),(ps) (Entered: 11/04/2016)

11/04/2016

66 Exhibit List by Defendants Nathan Poke, Ron Secord, Dan Ulrich. (Johnson,
Timothy),(ps) (Entered: 11/04/2016)

11/04/2016

67 Motion in Limine Precluding Evidence by Defendants Nathan Poke, Ron Secord, Dan
Ulrich, (Attachments:
# 1 Certificate of Service) (Johnson, Timothy),(ps) (Entered: 11/04/2016)

11/07/2016

68 Motion for Issuance of Subpoena to John P. Addis by Defendants Nathan Poke, Ron
Secord, Dan Ulrich. (Johnson, Timothy),(ps) Modified on 11/8/2016: Corrected
docketing event. (lak) (Entered: 11/07/2016)

11/07/2016

69 Affidavit of Timothy M. Johnson filed by Defendants Nathan Poke, Ron Secord, Dan
Ulrich re: 68 Motion for Issuance of Subpoena. (Johnson, Timothy),(ps) Modified on
11/8/2016. (lak) (Entered: 11/07/2016)

11/07/2016

70 Motion for Issuance of Subpoena to Audrey Perkins by Defendants Nathan Poke, Ron
Secord, Dan Ulrich. (Johnson, Timothy),(ps) Modified on 11/8/2016: Corrected
docketing event. (lak) (Entered: 11/07/2016)

11/07/2016

71 Affidavit of Timothy M. Johnson filed by Defendants Nathan Poke, Ron Secord, Dan
Ulrich re: 70 Motion for Issuance of Subpoena. (Johnson, Timothy),(ps) Modified on
11/8/2016. (lak) (Entered: 11/07/2016)

11/07/2016

72 Certificate of Service by Defendants Nathan Poke, Ron Secord, Dan Ulrich. (Johnson,
Timothy),(ps) (Entered: 11/07/2016)

11/09/2016

73 Clerk's Office Remark: Updated plaintiff Phillip Dunn's address to 717 Wall Street,
LaCrosse, WI 54603 per his phone call. (jef),(ps) (Entered: 11/09/2016)

11/15/2016

74 ORDER granting defendants' 68 , 70 Motions for Issuance of Subpoenas. The clerk of
court is directed to issue subpoena forms to defendants for John Addis and Audrey
Perkins. Signed by District Judge Barbara B. Crabb on 11/15/2016. (jef),(ps) (Entered:
11/15/2016)

11/15/2016

75 Subpoenas Issued for John Addis and Audrey Perkins. (Attachments:
# 1 Subpoena as to Audrey Perkins) (jef),(ps) (Entered: 11/15/2016)

11/23/2016

76 Letter from the court advising that the final pretrial conference will be held Thursday,
December 1, 2016 at 1:30 PM unless the parties promptly advise the court that they are
unable to attend. (elc),(ps) (Entered: 11/23/2016)

11/28/2016

77 ORDER denying without prejudice defendants' 67 Motion in Limine to preclude
plaintiff Phillip Dunn from presenting evidence or making an argument about other
lawsuits. Signed by District Judge Barbara B. Crabb on 11/28/2016. (jef),(ps)
(Entered: 11/28/2016)

11/28/2016

78 Rule 26(a)(3) Pretrial Disclosures by Plaintiff Phillip S. Dunn. (Attachments:
# 1 Exhibit Exhibit List,
# 2 Exhibit 501,
# 3 Exhibit 502,
# 4 Exhibit 503,
# 5 Exhibit 504,
# 6 Exhibit 505,
# 7 Exhibit 506,
# 8 Exhibit 507,
# 9 Exhibit 508,
# 10 Exhibit 509,
# 11 Exhibit 510,
# 12 Exhibit 516,
# 13 Exhibit 517,
# 14 Exhibit 518) (Dunn, Phillip),(ps) Modified on 11/29/2016: Re−titled docket entry
text for first document to match plaintiff's description. (nln). (Entered: 11/28/2016)

11/29/2016

Reset Hearing to Telephonic: The Final Pretrial Conference on 12/1/2016 at 01:30 PM
will be held by telephone before Judge Barbara B. Crabb. Plaintiff Phillip Dunn
responsible for contacting the court at (608) 264−5447. Once plaintiff's call has been
received, the court will then include counsel for defendants in the conference call.
(jef),(ps) (Entered: 11/29/2016)

12/01/2016

Minute Entry for proceedings held before District Judge Barbara B. Crabb: Telephonic
Final Pretrial Conference held on 12/1/2016. [:45] (Court Reporter cs.) (skv),(ps)

(Entered: 12/01/2016)
12/02/2016

79 Final Pretrial Conference Order. Signed by District Judge Barbara B. Crabb on
12/2/2016. (jef),(ps) (Entered: 12/02/2016)

12/05/2016

80 Affidavit of Service of Trial Subpoena on Audrey Perkins. (Johnson, Timothy),(ps)
Modified on 12/6/2016. (lak) (Entered: 12/05/2016)

12/05/2016

81 Affidavit of Non−Service of Trial Subpoena of John Addis. (Johnson, Timothy),(ps)
Modified on 12/6/2016. (lak) (Entered: 12/05/2016)

12/05/2016

Set/Reset Trial Date: 2nd Day Jury Trial set for 12/6/2016 at 08:15 AM. (voc),(ps)
Modified start time on 12/5/2016 (jef). (Entered: 12/05/2016)

12/05/2016

82 Minute Entry for proceedings held before District Judge William M. Conley: Jury
Selection and First Day of Trial held on 12/5/2016. Trial continues. [7:05] (Court
Reporter CS/LS.) (jef),(ps) (Entered: 12/05/2016)

12/06/2016

83 Minute Entry for proceedings held before District Judge William M. Conley: Second
Day Jury Trial held on 12/6/2016. Liability verdict returned in favor of defendants
Secord, Poke and Ulrich. [1:35] (Court Reporter JD / LS.) (jef),(ps) (Entered:
12/06/2016)

12/06/2016

84 Orientation Remarks and Voir Dire (jef),(ps) (Entered: 12/06/2016)

12/06/2016

85 Introductory Jury Instructions. (jef),(ps) (Entered: 12/06/2016)

12/06/2016

86 Post−Trial Jury Instructions. (jef),(ps) (Entered: 12/06/2016)

12/06/2016

87 Deliberation Jury Instructions. (jef),(ps) (Entered: 12/06/2016)

12/06/2016

88 Jury Verdict − Liability: Verdict returned in favor of Defendants Nathan Poke, Ron
Secord, Dan Ulrich. (jef),(ps) (Entered: 12/06/2016)

12/06/2016

89 Combined Exhibit List by Plaintiff Phillip S. Dunn, Defendants Nathan Poke, Ron
Secord, Dan Ulrich. (jef),(ps)
(Admitted Exhibits that were used at trial and sent to the jury:
# 1 Exhibit 501 − Photos,
# 2 Exhibit 504 − Transcript,
# 3 Exhibit 505 − Incident report, Ron Secord,
# 4 Exhibit 506 − Incident report, Andrew Dittman,
# 5 Exhibit 508 − Exhibit 508 − Incident report, Daniel Ulrich,
# 6 Exhibit 516 − Transcript,
# 7 Exhibit 519 − La Crosse Police Dept. search and seizure procedure) (jef). Note that
un−admitted exhibits 512 and 513 (CD's of John Addis and Audrey Perkins
interviews) are filed conventionally and located in the clerk's office exhibit room. (jef).
(Entered: 12/06/2016)

12/06/2016

90 Court Exhibits (Attachments:
# 1 Jury questions,
# 2 Jury note) (jef),(ps) (Entered: 12/06/2016)

12/07/2016

Judge update in case. Case now assigned to District Judge William M. Conley. Case
no longer assigned to District Judge Barbara B. Crabb. (jef/mh),(ps) (Entered:
12/07/2016)

12/07/2016

91 ORDER that Audrey Perkins appear in person before this Court on Wednesday,
December 21, 2016, at 12:30 p.m., at the Kastenmeier Federal Courthouse, 120 North
Henry Street, Madison, in Courtroom 250 and show cause why she should not be held
in contempt of court for failing to remain or appear until called upon as required by the
subpoena. In the alternative, Ms. Perkins may call the court at (608) 264−5087 before
Monday, December 19, 2016, to explain her non−appearance. The United States
Marshal Service will serve a copy of this Show Cause Order uponAudrey Perkins.
Signed by District Judge William M. Conley on 12/7/2016. (jef),(ps) (Entered:
12/07/2016)

12/07/2016

92 U.S. Marshal service form re: 91 order for service on Audrey Perkins. (jef),(ps)
(Entered: 12/07/2016)

12/08/2016

93 Mail Returned as Undeliverable re 76 Letter. Mail not re−sent to Phillip Dunn; no
forwarding address provided; however, note that Mr. Dunn is registered for electronic
filing and so the 76 letter was also sent electronically to Mr. Dunn. (jef),(ps) (Entered:
12/08/2016)

12/09/2016

94 JUDGMENT entered in favor of defendants dismissing this case. Signed by Peter A.
Oppeneer, Clerk of Court on 12/9/2016. (jef),(ps) (Entered: 12/09/2016)

12/14/2016

95 Marshals Service Return Executed on 12/9/2016 as to 91 Order to Show Cause as to
Audrey Perkins. (elc),(ps) (Entered: 12/14/2016)

12/19/2016

96 Bill of Costs by Defendants Nathan Poke, Ron Secord, Dan Ulrich. Motions referred
to Peter A. Oppeneer, Clerk of Court. (Attachments:
# 1 Exhibit Itemization of Costs,
# 2 Exhibits A−1 and A−2 − Expenses Unbilled Report and FedEx Office Receipt,
# 3 Exhibits B−1, B−2 and B−3 − Invoices,
# 4 Exhibits C−1 through C−5 − Invoices,
# 5 Exhibits D−1 through D−4 − Check Request Form, Subpoena, Per Diem Rates,
Hyatt Place Invoice) (Johnson, Timothy),(ps) Modified on 12/20/2016. (lak) (Entered:
12/19/2016)

12/19/2016

Set Deadlines as to 96 Bill of Costs . Plaintiff's Objection to Bill of Costs due
12/30/2016. Defendants' Brief in Support to Bill of Costs due 1/10/2017. Plaintiff's
Brief in Reply in Opposition to Bill of Costs due 1/17/2017. (nln),(ps) (Entered:
12/19/2016)

12/19/2016

97 Certificate of Service by Defendants Nathan Poke, Ron Secord, Dan Ulrich as to 96
Bill of Costs. (Johnson, Timothy),(ps) (Entered: 12/19/2016)

12/20/2016

98 ** TEXT ONLY ORDER **
Based on the court's conversation with Ms. Perkins, the Order to Show Cause dated
December 7, 2016 (dkt. # 91 ) is DISMISSED. Signed by District Judge William M.
Conley on 12/20/2016. (jef),(ps) (Entered: 12/20/2016)

12/22/2016

99 Motion for New Trial notice of intent by Plaintiff Phillip S. Dunn. (Attachments:
# 1 Certificate of Service) (Dunn, Phillip),(ps) (Entered: 12/22/2016)

12/28/2016

100 ** TEXT ONLY ORDER **
On December 6, 2016, a jury found in defendants' favor on plaintiff's claim that
defendants violated the Fourth Amendment by entering plaintiff's bedroom without a
warrant. Dkt. 88 . Judgment was entered on December 9, 2016. Dkt. 94 . Now plaintiff
has filed what he calls "notice of intent to move for a new trial." Dkt. 99 . Plaintiff
does not develop an argument for a new trial in his notice. Instead, he cites various
statutes and cases under California law regarding the deadlines and procedures that
govern a motion for a new trial. However, California law has no bearing on this case.
If plaintiff wishes to file a post trial motion, he must follow the deadlines and
procedures set forth in the Federal Rules of Civil Procedure. Plaintiff may wish to start
by reviewing Rule 59, which addresses motions for a new trial. Until plaintiff files a
motion in which he "state[s] grounds for relief" in support of the motion, Robinson v.
Sweeny, 794 F.3d 782, 783 (7th Cir. 2015), his deadline for seeking postjudgment
relief will not be tolled. Signed by Magistrate Judge Stephen L. Crocker on
12/28/2016. (nln),(ps) (Entered: 12/28/2016)

01/07/2017

101 Second Motion for New Trial by Plaintiff Phillip S. Dunn. (Attachments:
# 1 Certificate of Service) (Dunn, Phillip),(ps) (Entered: 01/07/2017)

01/09/2017

Set Briefing Deadlines as to 101 Second Motion for New Trial . Defendants' Brief in
Opposition due 1/30/2017. Plaintiff's Brief in Reply due 2/9/2017. (nln),(ps) (Entered:
01/09/2017)

01/21/2017

102 Motion for Recusal by Plaintiff Phillip S. Dunn. (Attachments:
# 1 Disregard. Refiled at dkt. 103 ,
# 2 Disregard. Refiled at dkt. 104 ,
# 3 Certificate of Service) (Dunn, Phillip),(ps) Modified on 1/23/2017: Refiled the
attached affidavits as separate docket entries. (nln). (Entered: 01/21/2017)

01/23/2017

103 Affidavit of Stephanie N. Dunn filed by Plaintiff Phillip S. Dunn re: 102 Motion for
Recusal. (nln),(ps) (Entered: 01/23/2017)

01/23/2017

104 Affidavit of Phillip S. Dunn re: 102 Motion for Recusal. (nln),(ps) (Entered:
01/23/2017)

01/30/2017

105 Brief in Opposition by Defendants Nathan Poke, Ron Secord, Dan Ulrich re: 101
Motion for New Trial filed by Phillip S. Dunn. (Johnson, Timothy),(ps) (Entered:
01/30/2017)

02/08/2017

106 Brief in Reply by Plaintiff Phillip S. Dunn in Support of 101 Motion for New Trial
(Attachments:
# 1 Certificate of Service) (Dunn, Phillip),(ps) (Entered: 02/08/2017)

03/02/2017

107 Notice of Change of Address and Request for Appeal paperwork by Plaintiff Phillip S.
Dunn. (Attachments:
# 1 Envelope) (elc),(ps) (Entered: 03/02/2017)

03/17/2017

108 Sample appeal form and Federal Rule of Appellate Procedure 3 and Circuit Rule
3(c)(1) sent to Phillip Dunn on 3/2/17 returned as undeliverable. Re−sent documents to
plaintiff at updated address of 407 Mallard Street, Rockland, WI 54653. (nln),(ps)
(Entered: 03/17/2017)

09/30/2017

109 ORDER denying 101 Motion for New Trial; denying 102 Motion for Recusal. Signed
by District Judge William M. Conley on 09/30/2017. (mfh),(ps) (Entered: 09/30/2017)

10/16/2017

110 ORDER on Bill of Costs: Costs Taxed in favor of Defendants in the amount of
$2,957.75. Signed by Peter A. Oppeneer, Clerk of Court by J. Titak, Deputy Clerk on
10/16/17. (jat),(ps) (Entered: 10/16/2017)

10/26/2017

111 NOTICE OF APPEAL by Plaintiff Phillip S. Dunn as to 94 Judgment, 109 Order on
Motion for New Trial, Order on Motion for Recusal. No Docketing Statement filed.
(Attachments:
# 1 motion to proceed in forma pauperis,
# 2 Certificate of Service) (Dunn, Phillip),(ps) (Entered: 10/26/2017)

10/26/2017

112 Motion for Leave to Proceed in forma pauperis on Appeal by Plaintiff Phillip S. Dunn.
(Also filed at dkt. 111 , Attachment 1.) (nln),(ps) (Entered: 10/26/2017)

10/26/2017

113 Appeal Information Packet. (nln),(ps) (Entered: 10/26/2017)