Dilley, Judy v. Holiday Acres Stables et al

Filing 144

Transmission of Notice of Appeal, Docketing Statement, Order and Docket Sheet to Seventh Circuit Court of Appeals re 142 Notice of Appeal. (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Docket Sheet) (nln),(ps)

IN THE UNITED STATES COURT OF APPEALS
SEVENTH CIRCUIT
No.
Judy Dilley,
Plaintiff/Appellant,
v.

Holiday Acres Properties, Inc. and
Steve Krier, d/b/a Holiday Stables,
Defendants/Appellees.

)
)
)
)
)
)
)
)
)
)
)

No. 16-CV-91 SLC
USDC Western District of Wisconsin
Hon. James D. Peterson

DOCKETING STATEMENT
I. JURISDICTION OF THE DISTRICT COURT
The district court had jurisdiction as a civil action arising under the laws of the United
States pursuant to 28 U.S.C. Section 1332, because complete diversity exists between the parties
and the amount in controversy exceed $75,000.00.
II. JURISDICTION OF THE COURT OF APPEALS
This appeal is taken from a decision of the U.S. District Court for the Western District of
Wisconsin entered on September 6, 2017 granting Taxation of Costs (ECF 140). The United
States Court of Appeals has jurisdiction to decide this case pursuant to 28 U.S.C. Section 1291.
The Notice of Appeal was filed with the District Court on September 22, 2017.
1.
Is this a cross-appeal, separate appeal, joining in a prior appeal, or related to
another appeal which is currently pending or which has been disposed of by this court?
Related to another appeal.
If so, state the docket number(s) of the other appeal(s): No. 17-2485

Dilley v. Holiday Acres, et al

Page 1 of 4

2.
If any party is a corporation or association, identify any affiliate, subsidiary, or
parent group:
Holiday Acres Properties, Inc. is a corporation formed under the laws of Wisconsin with
its principal place of business in Wisconsin. Steve Krier, has his domicile in and is a citizen of
the State of Montana, resided in Rhinelander, Wisconsin and did business as Holiday Stables, a
horse back riding facility located in Rhinelander, Wisconsin.

3.

Counsel on Appeal for appellant(s) filing this statement:

Courtney C. Stirrat
Armbruster, Dripps,
Winterscheidt & Blotevogel, LLC
51 Executive Plaza Court
Maryville, IL 62062
618/208-0320
F: 800/927-1529

4.

Counsel on Appeal for appellee(s):

Tim Barber
Paul D. Curtis
Danielle E. Bauduin
Alley Brynelson, LLP
2 E. Mifflin St., Suite 200
Madison, WI 53701
608/257-5661
F: 608/257-5661
Defendant/Appellee Holiday Acres Properties
Steve Krier, Defendant, pro se
3239 N. Lake George, Rd.
Rhinelander, WI 54501
5.

Court Reporting personnel:
None.

Dilley v. Holiday Acres, et al

Page 2 of 4

6.
Is this appeal from a final order in a matter involving child custody pursuant to
Illinois Supreme Court Rule 311(a) which requires Mandatory Accelerated Disposition of
Child Custody Appeals?
No.

7.
State the general issues proposed to be raised (failure to include an issue in this
statement will not result in the waiver of the issue on appeal):
Whether the District Court erred in granting Summary Judgment to Holiday Acres Resort
on June 30, 2017, resulting in the Court entering an order taxing costs on September 6, 2017
(ECF 140)

As attorney for the appellant, I hereby certify that a transcript information sheet will be
filed.
Dated this 22nd day of September, 2017.

ARMBRUSTER, DRIPPS,
WINTERSCHEIDT & BLOTEVOGEL
By: _/s/ Courtney C. Stirrat
Courtney C. Stirrat
Roy C. Dripps #6182013
Charles W. Armbruster #6211630
Michael T. Blotevogel #6282543
51 Executive Plaza Court
Maryville, IL 62062
[phone]
F: [phone] 


Dilley v. Holiday Acres, et al

Page 3 of 4

CERTIFICATE OF SERVICE
I, Courtney C. Stirrat, an attorney, hereby certifies that a true and correct copy of
Appellants’ Docketing Statement was served upon the following by ECF Filing and by
depositing same in the U.S. Mail, postage pre-paid, this 22nd day of September, 2017:

by Certified U.S. Mail to defendant Steve Krier, pro se to: 3239 N. lake George Rd.,
Rhinelander WI 54501 who is not available by ECF
and by
ECF to Tim Barber, Paul D. Curtis and Danielle E. Bauduin of Axley Brynelson, LLP,
2 E. Mifflin St., Suite 200, Madison, WI 53701 608/257-5661 F: 608/2570-5444.
Respectfully submitted,
/s/ Courtney C. Stirrat
ARMBRUSTER, DRIPPS,
WINTERSCHEIDT & BLOTEVOGEL
ATTORNEYS FOR PLAINTIFF/
APPELLANT

Dilley v. Holiday Acres, et al

Page 4 of 4