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)

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: [phone]
Fax: [phone]
www.hermanlaw.com

By:

/s/ Lee Gill Cohen
Lee Gill Cohen, Esq.
Florida Bar No: 825670
[e-mail]
Stuart Mermelstein, Esq.
Florida Bar No: 947245
[e-mail]
Arick W. Fudali, Esq.
Florida Bar No. 85899
[e-mail]
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
[e-mail]
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
[e-mail]