Doe No. 55, Jane v. Madison Metropolitan School District

Filing 104

Transmission of Notice of Appeal, Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 102 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order No.: 92, # 3 Judgment No.: 93, # 4 Opinion and Order No.: 101, # 5 Docket Sheet) (lak)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ JANE DOE NO. 55, by and through JANE DOE’S MOTHER and JANE DOE’S FATHER, Civil Action No.: 15-cv-570-bbc Plaintiff, v. MADISON METROPOLITAN SCHOOL DISTRICT, Defendant. _______________________________________________________________________________ DOCKETING STATEMENT _______________________________________________________________________________ Plaintiff, JANE DOE NO. 55, by and through JANE DOE’S MOTHER and JANE DOE’S FATHER, by and through the undersigned counsel, pursuant to Seventh Circuit Rule 3(c)(1), concurrent with the Plaintiff’s timely filed Notice of Appeal, submits this Docketing Statement as follows: Requirements of Circuit Rule 28(a)(1) Plaintiff brought a civil action in the Western District of Wisconsin alleging sexual harassment and sexual assault of the Plaintiff JANE DOE NO. 55 (“JANE DOE”), a middle school student at Whitehorse School (“Whitehorse”), by a security guard employed by the Defendant, MADISON METROPOLITAN SCHOOL DISTRICT at that school. Plaintiff’s Complaint [DE 1], filed on September 11, 2015, alleges in Count I, a claim pursuant to Title IX, Education Amendments of 197220, U.S.C. §§1681, et seq. (“Title IX”), and in Count II, a state law claim for Negligence. Therefore, the District Court has federal question subject matter jurisdiction over the Title IX claim pursuant to 28 Jane Doe No. 55 v. Madison Metropolitan School District 15-cv-570-bbc U.S.C. §1331 and 20 U.S.C. §1681(a), and, as the facts for the Negligence claim arise out of the same common nucleus of facts as the Title IX claim, the District Court has supplemental jurisdiction over the state law claim pursuant to 28 U.S.C. §1367(a). Requirements of Circuit Rule 28(a)(2) On November 16, 2016, the District Court issued its Opinion and Order granting the Defendant’s Motion for Summary Judgment on both counts [DE 92] and entered Judgment in favor of the Defendant against Plaintiff granting Motion for Summary Judgment and dismissing case [DE 93]. On December 9, 2016, Plaintiff filed a Motion for Reconsideration of said Orders pursuant to Federal Rule of Civil Procedure 59(e) (alteration of judgment) [DE 96]. On February 9, 2017, the District Court issued an Order denying said Motion for Reconsideration [DE 101]. The above-stated Orders are the subject of the Plaintiff’s appeal before this Court and the Court has jurisdiction over such pursuant to Federal Rule of Appellate Procedure 3(a)(1) as the appeal is of a final judgment brought as a matter of right. Further Requirements of Circuit Rule 3(c)(1) There have been no prior or related appellate proceedings in this case. This is solely a civil matter, not a post-conviction matter or collateral attack on a criminal conviction, and 28 U.S.C. § 1915(g) inapplicable. No parties to the litigation appear in an official capacity. 2 Jane Doe No. 55 v. Madison Metropolitan School District 15-cv-570-bbc Dated: March 10, 2017 Respectfully Submitted, HERMAN LAW 3351 NW Boca Raton Boulevard Boca Raton, Florida 33431 Tel: 305-931-2200 Fax: 305-931-0877 By: /s/ Lee Gill Cohen Lee Gill Cohen, Esq. Florida Bar No: 825670 Stuart Mermelstein, Esq. Florida Bar No: 947245 Arick W. Fudali, Esq. Florida Bar No. 85899 Counsel for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and served via CM/ECF mail this 10th day of March, 2017 to: Peggy Van Horn, Esq. State Bar No. 1001414 LAW OFFICES OF THOMAS P. STILP 11800 West Park Place, Suite 210 PO Box 245023 Milwaukee, WI 53224-9523 Counsel for Defendant, Madison Metropolitan School District By: 3 /s/ Lee Gill Cohen Lee Gill Cohen, Esq. Florida Bar No: 825670

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?