Freitag, Herbert v. Capital One Services, LLC

Filing 52

Transmission of Notice of Appeal, Docketing Statement, Judgment, Transcript Information Sheet and Docket Sheet to Seventh Circuit Court of Appeals re: 48 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Judgment, # 3 Transcript Information Sheet, # 4 Docket Sheet) (lak)

APPEAL, BILL_OF_COSTS, CLOSED, JBC,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15-cv-00810-bbc

Freitag, Herbert v. Capital One Services, LLC
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 29:621 Job Discrimination (Age)

Date Filed: 12/18/2015
Date Terminated: 06/23/2017
Jury Demand: Plaintiff
Nature of Suit: 442 Civil Rights: Jobs
Jurisdiction: Federal Question

Plaintiff
Herbert Freitag

represented by Peter M. Reinhardt
Bakke Norman, S.C.
2919 Schneider Ave.
P.O. Box 280
Menomonie, WI 54751
715-235-9016x5317
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Capital One Services, LLC

represented by Brian M. Radloff
Ogletree Deakins Nash Smoak & Stewart, P.C.
1243 N. 10th Street
Suite 210
Milwaukee, WI 53205
414-239-6405
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark A. Johnson
Ogletree Deakins Nash Smoak & Stewart, P.C.
1243 N. 10th Street
Suite 210
Milwaukee, WI 53205
414-239-6408
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

12/18/2015

1 COMPLAINT against Capital One Services, LLC. ( Filing fee $ 400 receipt number
0758-1704936.), filed by Herbert Freitag. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons) (Reinhardt, Peter) (Entered: 12/18/2015)

12/18/2015

Case randomly assigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L.
Crocker. (kwf) (Entered: 12/18/2015)

12/18/2015

Standard attachments for District Judge Barbara B. Crabb required to be served on all parties
with summons or waiver of service: NORTC, Corporate Disclosure Statement, Order on
Dispositive Motions. (kwf) (Entered: 12/18/2015)

12/18/2015

2 Summons Issued as to Capital One Services, LLC. (kwf) (Entered: 12/18/2015)

01/07/2016

3 Waiver of Service Returned Executed by Defendant Capital One Services, LLC. Capital One
Services, LLC waiver sent on 12/22/2015, answer due 2/22/2016. (Reinhardt, Peter) (Entered:
01/07/2016)

02/19/2016

4 Notice of Appearance filed by Mark A. Johnson for Defendant Capital One Services, LLC.
(Johnson, Mark) (Entered: 02/19/2016)

02/19/2016

5 Notice of Appearance filed by Brian M. Radloff for Defendant Capital One Services, LLC.
(Radloff, Brian) (Entered: 02/19/2016)

02/19/2016

6 Corporate Disclosure Statement by Defendant Capital One Services, LLC. (Radloff, Brian)
(Entered: 02/19/2016)

02/19/2016

7 ANSWER by Defendant Capital One Services, LLC. (Radloff, Brian) (Entered: 02/19/2016)

02/22/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/23/2016 at 2:00 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference
attached] (kwf) (Entered: 02/22/2016)

02/22/2016

8 Motion to Reschedule Telephone Pretrial Conference by Plaintiff Herbert Freitag. (Reinhardt,
Peter) (Entered: 02/22/2016)

02/25/2016

9 ** TEXT ONLY ORDER **
ORDER granting 8 Motion to Reschedule Telephone Pretrial Conference. Telephone Pretrial
Conference reset from 3/23/2016 to 3/29/2016 at 1:00 PM before Magistrate Judge Stephen L.
Crocker. Counsel for plaintiff remains responsible for initiating the conference call to chambers.
Signed by Magistrate Judge Peter A. Oppeneer on 2/25/2016. (kwf) (Entered: 02/25/2016)

03/18/2016

10 Joint Discovery Plan. (Radloff, Brian) (Entered: 03/18/2016)

03/29/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 3/29/2016 [:10] (cak) (Entered: 03/29/2016)

03/31/2016

11 Pretrial Conference Order - Amendments to Pleadings due 4/29/2016. Dispositive Motions due
1/27/2017. Settlement Letters due 6/16/2017. Motions in Limine due 6/23/2017. Response to
Motions due 7/7/2017. Final Pretrial Conference set for 7/20/2017 at 4:00 PM. Jury Selection
and Trial set for 7/24/2017 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
3/31/2016. (kwf) (Entered: 03/31/2016)

10/17/2016

12 Unredacted Expert Report of Kenneth Ogren by Plaintiff Herbert Freitag, (Attachments:
# 1 Exhibit - Publications and Testimony,
# 2 Exhibit - Curriculum Vitae) (Reinhardt, Peter) Modified on 10/18/2016. (lak) (Entered:
10/17/2016)

10/18/2016

13 Expert Report of Fredric Kolb by Plaintiff Herbert Freitag, (Attachments:
# 1 Exhibit - Curriculum Vitae,
# 2 Exhibit - Billing Rate) (Reinhardt, Peter) (Entered: 10/18/2016)

12/01/2016

14 Stipulation Regarding Time for Expert Disclosures by Defendant Capital One Services, LLC.
(Johnson, Mark) Modified on 12/1/2016. (lak) (Entered: 12/01/2016)

12/01/2016

15 ** TEXT ONLY ORDER **
ORDER accepting and entering 14 Stipulation for Time for Expert Disclosures. Signed by
Magistrate Judge Stephen L. Crocker on 12/1/2016. (kwf) (Entered: 12/01/2016)

01/27/2017

16 Deposition of Steve Cambra taken on July 29, 2015, (Attachments:
# 1 Exhibit 1 - My Feedback Summary,
# 2 Exhibit 2 - E-mail Dated 5/6/2013) (Radloff, Brian) Modified on 1/29/2017: Added exhibit
descriptions. (lak) (Entered: 01/27/2017)

01/27/2017

17 Deposition of Richard Elliott taken on December 14, 2016. (Radloff, Brian) (Entered:
01/27/2017)

01/27/2017

18 Deposition of Herbert Freitag taken on December 1, 2016, (Attachments:
# 1 Exhibit 3 - Performance Improvement Plan,
# 2 Exhibit 10 - Performance Appraisal,
# 3 Exhibit 12 - 2009 US Scorecard) (Radloff, Brian) Modified on 1/29/2017: Added exhibit
descriptions. (lak) (Entered: 01/27/2017)

01/27/2017

19 Deposition of Sandi Frey taken on December 12, 2016, (Attachments:
# 1 Exhibit 1 - Salesforce.com Document,
# 2 Exhibit 3 - Salesforce.com Document,
# 3 Exhibit 5 - Performance Improvement Plan) (Radloff, Brian) Modified on 1/29/2017: Added
exhibit descriptions. (lak) (Entered: 01/27/2017)

01/27/2017

20 Deposition of RoseAnn Golden taken on December 14, 2016, (Attachments:
# 1 Exhibit 1 - Capital One Document) (Radloff, Brian) Modified on 1/29/2017: Added exhibit
description. (lak) (Entered: 01/27/2017)

01/27/2017

21 Deposition of Sarah Mankowski taken on July 29, 2015, (Attachments:
# 1 Exhibit 1 - Capital One Letter Dated 7/11/2014,
# 2 Exhibit 2 - Salesforce.com Document,
# 3 Exhibit 7 - E-mail Dated 1/8/2015) (Radloff, Brian) Modified on 1/29/2017: Added exhibit
descriptions. (lak) (Entered: 01/27/2017)

01/27/2017

22 Deposition of Bryan Powell taken on December 13, 2016. (Radloff, Brian) (Entered: 01/27/2017)

01/27/2017

23 Deposition of Julie Traff taken on December 12, 2016, (Attachments:
# 1 Exhibit 1 - Capital One Document,
# 2 Exhibit 2 - Corporate Security Services Investigation Report) (Radloff, Brian) Modified on
1/29/2017: Added exhibit descriptions. (lak) (Entered: 01/27/2017)

01/27/2017

24 MOTION FOR SUMMARY JUDGMENT by Defendant Capital One Services, LLC. Brief in
Opposition due 2/17/2017. Brief in Reply due 2/27/2017. (Radloff, Brian) (Entered: 01/27/2017)

01/27/2017

25 Brief in Support of 24 Motion for Summary Judgment by Defendant Capital One Services, LLC.
(Radloff, Brian) (Entered: 01/27/2017)

01/27/2017

26 Proposed Findings of Fact filed by Defendant Capital One Services, LLC re: 24 Motion for
Summary Judgment. (Radloff, Brian) (Entered: 01/27/2017)

01/27/2017

27 Declaration of Terence Abell filed by Defendant Capital One Services, LLC re: 24 Motion for
Summary Judgment. (Radloff, Brian) (Entered: 01/27/2017)

01/27/2017

28 Declaration of Austin Millsap filed by Defendant Capital One Services, LLC re: 24 Motion for
Summary Judgment. (Radloff, Brian) (Entered: 01/27/2017)

01/27/2017

29 Declaration of Patricia Olson filed by Defendant Capital One Services, LLC re: 24 Motion for
Summary Judgment. (Radloff, Brian) (Entered: 01/27/2017)

02/15/2017

30 Declaration of Scott Milsteadt filed by Plaintiff Herbert Freitag re: 24 Motion for Summary
Judgment. (Reinhardt, Peter) (Entered: 02/15/2017)

02/15/2017

31 Declaration of Linda Alexander filed by Plaintiff Herbert Freitag re: 24 Motion for Summary
Judgment. (Reinhardt, Peter) (Entered: 02/15/2017)

02/15/2017

32 Deposition of Anne Hofer taken on 2/10/2017. (Reinhardt, Peter) (Entered: 02/15/2017)

02/17/2017

33 Affidavit of Herbert Freitag filed by Plaintiff Herbert Freitag re: 24 Motion for Summary
Judgment, (Attachments:
# 1 Exhibit - Feedback Summary) (Reinhardt, Peter) (Entered: 02/17/2017)

02/17/2017

34 Affidavit of Peter Reinhardt filed by Plaintiff Herbert Freitag re: 24 Motion for Summary
Judgment, (Attachments:
# 1 Exhibit - Defendant's Responses to Plaintiff's First Set of Interrogatories and Second Set of
Requests for Production of Documents,
# 2 Exhibit 3 from Deposition of Sarah Mankowski - Performance Appraisal; Exhibit 5 from
Deposition of Sarah Mankowski - Detail Termed Associate Data Sheet; Exhibit 6 from
Deposition of Sarah Mankowski - E-mail Dated 2/23/2015,
# 3 Exhibit - Defendant's Responses to Plaintiff's First Set of Requests for Production of
Documents, and Bates Document C.O.0050000 - C.O.0050006,
# 4 Exhibit - Plaintiff's Responses to Defendant's First Set of Interrogatories and Requests for
Production of Documents and Bates Documents C000047 - C000048, and C000005,
# 5 Exhibit - Plaintiff's Supplemental Responses to Defendant's First Set of Requests for
Production of Documents and Bates Document P000572,
# 6 Exhibit 2 from the Deposition of Sandi Frey - salesforce.com Document; Exhibit 4 from the
Deposition of Sandi Frey - salesforce.com Document,
# 7 Exhibit - Respondent's Objections, Answers and Responses to Complainant's First Set of
Interrogatories and Requests for Production of Documents, ERD Case No. CR201401719)
(Reinhardt, Peter) Modified on 2/17/2017: Added descriptions for multi-part exhibits, etc. (lak)
(Entered: 02/17/2017)

02/17/2017

35 Proposed Findings of Fact filed by Plaintiff Herbert Freitag re: 24 Motion for Summary
Judgment. (Reinhardt, Peter) (Entered: 02/17/2017)

02/17/2017

36 Response to Proposed Findings of Fact filed by Plaintiff Herbert Freitag re: 24 Motion for
Summary Judgment. (Reinhardt, Peter) (Entered: 02/17/2017)

02/17/2017

37 Brief in Opposition by Plaintiff Herbert Freitag re: 24 Motion for Summary Judgment filed by
Capital One Services, LLC. (Reinhardt, Peter) (Entered: 02/17/2017)

02/27/2017

38 Brief in Reply by Defendant Capital One Services, LLC in Support of 24 Motion for Summary
Judgment. (Radloff, Brian) (Entered: 02/27/2017)

02/27/2017

39 Response to Proposed Findings of Fact filed by Defendant Capital One Services, LLC re: 24
Motion for Summary Judgment. (Radloff, Brian) (Entered: 02/27/2017)

02/27/2017

40 Reply in Support of Proposed Findings of Fact filed by Defendant Capital One Services, LLC re:
24 Motion for Summary Judgment. (Radloff, Brian) (Entered: 02/27/2017)

06/21/2017

41 Deposition of Patricia Olson taken on 06-08-2017. (Reinhardt, Peter) (Entered: 06/21/2017)

06/21/2017

42 Deposition of Terence Abell taken on 06-16-17. (Reinhardt, Peter) (Entered: 06/21/2017)

06/21/2017

43 Supplemental Expert Report of Kenneth Ogren by Plaintiff Herbert Freitag. (Reinhardt, Peter)
(Entered: 06/21/2017)

06/23/2017

44 OPINION AND ORDER granting 24 Motion for Summary Judgment. The clerk of court is
directed to dismiss plaintiff Herbert Freitag's claim and to close this case. Signed by District
Judge Barbara B. Crabb on 6/23/2017. (kwf) (Entered: 06/23/2017)

06/23/2017

45 JUDGMENT entered in favor of Defendant Capital One Services, LLC dismissing the case.
(kwf) (Entered: 06/23/2017)

07/07/2017

46 Bill of Costs by Defendant Capital One Services, LLC. Motions referred to Peter A. Oppeneer,
Clerk of Court. Objection to Bill of Costs due 7/17/2017. Brief in Support to Bill of Costs due
7/27/2017. Brief in Reply in Opposition to Bill of Costs due 8/1/2017. (Johnson, Mark) (Entered:
07/07/2017)

07/07/2017

47 Affidavit of Mark A. Johnson filed by Defendant Capital One Services, LLC re: 46 Bill of Costs,
(Attachments:
# 1 Exhibit A - Documentation of Cost of Mankowski Deposition Transcript,
# 2 Exhibit B - Invoice for Freitag Deposition Transcript,
# 3 Exhibit C - Invoice for Frey and Traff Deposition Transcripts,
# 4 Exhibit D - Invoice for Powell Deposition Transcript,
# 5 Exhibit E - Invoice for Elliot and Golden Deposition Transcripts,
# 6 Exhibit F - Invoice for Hofer Deposition Transcript,
# 7 Exhibit G - Invoice for Olson Deposition Transcript,
# 8 Exhibit H - Invoice for Abell and Stratman Deposition Transcripts,
# 9 Exhibit I - Invoice for Gaudreau Deposition Transcript,
# 10 Exhibit J - Documentation of Payment for 12-30-2015 Hearing) (Johnson, Mark) Modified
on 7/10/2017. (lak) (Entered: 07/07/2017)

07/20/2017

48 NOTICE OF APPEAL by Plaintiff Herbert Freitag as to 45 Judgment. Filing fee of $ 505, receipt
number 0758-2070720 paid. Docketing Statement filed. (Reinhardt, Peter) Modified on
7/24/2017. (lak) (Entered: 07/20/2017)

07/20/2017

49 Transcript Request Form by Plaintiff Herbert Freitag re: 48 Notice of Appeal. (Reinhardt, Peter)
(Entered: 07/20/2017)

07/20/2017

50 Docketing Statement re: 48 Notice of Appeal. (Reinhardt, Peter) (Entered: 07/20/2017)

07/24/2017

51 Appeal Information Packet. (lak) (Entered: 07/24/2017)