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)

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 1 of 12

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16−cv−00091−jdp
Dilley, Judy v. Krier, Steve
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Case in other court: Seventh Circuit Court of Appeals,
17−02485
Cause: 28:1332 Diversity−Personal Injury
Plaintiff
Judy Dilley

Date Filed: 02/10/2016
Date Terminated: 07/06/2017
Jury Demand: None
Nature of Suit: 360 P.I.: Other
Jurisdiction: Diversity

represented by Courtney Cullen Stirrat
Armbruster, Dripps, Winterscheidt &
Blotevogel, LLC
51 Executive Plaza Court
Maryville, IL 62062
618−208−0320 x101
Fax: 800−927−1529
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Roy Cameron Dripps , III
Armbruster, Dripps, Winterscheidt &
Blotevogel, LLC
51 Executive Plaza Court
Maryville, IL 62062
618−208−0320 x103
Fax: 800−927−1529
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Charles William Armbruster , III
Armbruster, Dripps, Winterscheidt &
Blotevogel, LLC
51 Executive Plaza Court
Maryville, IL 62062
618−208−0320
Fax: 800−927−1529
Email: [e-mail]
ATTORNEY TO BE NOTICED
Michael T. Blotevogel
Armbruster, Dripps, Winterscheidt &
Blotevogel, LLC
51 Executive Plaza Court
Maryville, IL 62062
618−208−0320
Fax: 800−927−1529
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Holiday Acres Stables
TERMINATED: 07/20/2016
Defendant

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 2 of 12
Holiday Acres Properties, Inc.
TERMINATED: 05/31/2017

represented by Paul D. Curtis
Axley Brynelson, LLP
Two East Mifflin Street, Ste. 200
P.O. Box 1767
Madison, WI 53701
608−257−5661
Fax: 608−257−5444
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Danielle Elizabeth Baudhuin
Axley Brynelson, LLP
2 E. Mifflin St.
Ste. 200
Madison, WI 53703
608−257−5661
Fax: 608−257−5444
Email: [e-mail]
ATTORNEY TO BE NOTICED
Timothy M. Barber
Axley Brynelson, LLP
Two East Mifflin Street, Ste. 200
P.O. Box 1767
Madison, WI 53701
608−283−6740
Fax: 608−257−5444
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Steve Krier
d/b/a Holiday Acres Stables

represented by Steve Krier
Four Collins Lane
Roberts, MT 59070
PRO SE
Patrick Howard Finlan
Finlan Law Firm, S.C.
210 E. Anderson Street
Rhinelander, WI 54501
715−369−5540
Fax: 715−369−5546
Email: [e-mail]
TERMINATED: 12/05/2016

Date Filed
02/10/2016

#

Docket Text

1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number
0758−1741768.), filed by Judy Dilley. (Attachments:
# 1 JS−44 Civil Cover Sheet,
# 2 Holiday Acres Stables Summons,
# 3 Holiday Acres Properties Summons,
# 4 Steve Krier Summons) (Stirrat, Courtney) Modified on 2/10/2016: Deleted
duplicate text. (lak) (Entered: 02/10/2016)

02/10/2016

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (voc) (Entered:
02/10/2016)

02/10/2016

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served
on all parties with summons or waiver of service: Corporate Disclosure Statement,
Order Regarding Assignment of Civil Cases, Notice of Assignment to a Magistrate
Judge and Consent/Request for Reassignment, Order on Dispositive Motions. (voc)
(Entered: 02/10/2016)

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 3 of 12
02/10/2016

2 Summons Issued as to Holiday Acres Properties, Inc., Holiday Acres Stables, Steve
Krier. (Attachments:
# 1 Summons Holiday Acres Properties,
# 2 Summons Steve Krier) (voc) (Entered: 02/10/2016)

02/10/2016

3 Notice of Appearance filed by Roy Cameron Dripps, III for Plaintiff Judy Dilley.
(Dripps, Roy) (Entered: 02/10/2016)

03/01/2016

4 Certificate of Service (Summons Returned Executed) by Plaintiff Judy Dilley as to
Defendant Holiday Acres Stables. Answer due 3/14/2016. (Stirrat, Courtney) Modified
on 3/2/2016: Corrected the docketing event/added the answer due date. (lak) (Entered:
03/01/2016)

03/01/2016

5 Certificate of Service (Summons Returned Executed) by Plaintiff Judy Dilley as to
Defendant Holiday Acres Properties. Answer due 3/14/2016. (Stirrat, Courtney)
Modified on 3/2/2016: Corrected the docketing event/added the answer due date. (lak)
(Entered: 03/01/2016)

03/01/2016

6 Certificate of Service (Summons Returned Executed) by Plaintiff Judy Dilley as to
Defendant Steve Krier. Answer due 3/14/2016. (Stirrat, Courtney) Modified on
3/2/2016: Corrected the docketing event/added the answer due date. (lak) (Entered:
03/01/2016)

03/14/2016

7 Notice of Appearance filed by Paul D. Curtis for Defendant Holiday Acres Properties,
Inc. (Curtis, Paul) (Entered: 03/14/2016)

03/14/2016

8 ANSWER by Defendant Holiday Acres Properties, Inc. (Curtis, Paul) (Entered:
03/14/2016)

03/14/2016

9 Corporate Disclosure Statement by Defendant Holiday Acres Properties, Inc. (Curtis,
Paul) (Entered: 03/14/2016)

03/15/2016

10 Notice of Appearance filed by Timothy M. Barber for Defendant Holiday Acres
Properties, Inc. (Barber, Timothy) (Entered: 03/15/2016)

03/15/2016

11 Request for Issuance of Summons by Plaintiff Judy Dilley. (Stirrat, Courtney)
(Entered: 03/15/2016)

03/16/2016

12 Summons Reissued as to Defendant Steve Krier. (voc) (Entered: 03/16/2016)

04/03/2016

13 Request for Issuance of Summons by Plaintiff Judy Dilley. (Stirrat, Courtney)
(Entered: 04/03/2016)

04/04/2016

14 Summons Reissued (3rd) as to Defendant Steve Krier. (voc) (Entered: 04/04/2016)

05/04/2016

15 ANSWER by Defendant Steve Krier. (Finlan, Patrick) (Entered: 05/04/2016)

05/04/2016

16 Notice of Appearance filed by Patrick Howard Finlan for Defendant Steve Krier.
(Finlan, Patrick) (Entered: 05/04/2016)

05/05/2016

17 Summons Returned Executed. Steve Krier served on 4/19/2016, answer due
5/10/2016. (Stirrat, Courtney) (Entered: 05/05/2016)

05/24/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 6/9/2016 at
01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff
responsible for setting up the call to chambers at (608) 264−5153. [Standing Order
Governing Preliminary Pretrial Conference attached] (voc) (Entered: 05/24/2016)

05/25/2016

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for
6/09/2016 at 01:00 PM rescheduled to 6/23/2016 at 01:00 PM to accommodate the
calendar of the attorney for Defendant Krier. Counsel for the Plaintiff remains
responsible for setting up the call to chambers at (608) 264−5153. (cak) (Entered:
05/25/2016)

06/01/2016

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for
6/23/2016 at 01:00 PM rescheduled to 6/30/2016 at 02:00 PM to accommodate the
request of counsel. Counsel for Plaintiff remains responsible for setting up the call to
chambers at (608) 264−5153. [Standing Order Governing Preliminary Pretrial
Conference attached] (voc) (Entered: 06/01/2016)

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06/13/2016

18 Joint Report of Rule 26(f) Planning Meeting. (Barber, Timothy) (Entered: 06/13/2016)

06/16/2016

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for
6/30/2016 at 02:00 PM rescheduled to 7/6/2016 at 02:30 PM to accommodate the
court's calendar. Counsel for Plaintiff remains responsible for setting up the call to
chambers at (608) 264−5153. (cak) (Entered: 06/16/2016)

07/01/2016

Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge
Stephen L. Crocker. (cak) (Entered: 07/01/2016)

07/06/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 7/6/2016 [:20] (skv) (Entered:
07/06/2016)

07/06/2016

19 ORDER Regarding Jurisdiction. Plaintiff Judy Dilley may have until July 20, 2016, to
file and serve an amended complaint containing good faith allegations sufficient to
establish complete diversity of citizenship for purposes of determining whether the
court has subject matter jurisdiction under 28 U.S.C. § 1332. If plaintiff fails to timely
amend her complaint, then the court will dismiss this case for lack of subject matter
jurisdiction. Signed by District Judge James D. Peterson on 7/6/2016. (kwf) (Entered:
07/06/2016)

07/13/2016

20 Pretrial Conference Order − Amendments to Pleadings due 8/19/2016. Dispositive
Motions due 2/17/2017. Settlement Letters due 6/9/2017. Motions in Limine due
6/16/2017. Response to Motion due 6/30/2017. Final Pretrial Conference set for
7/12/2017 at 04:00 PM. Jury Selection and Trial set for 7/17/2017 at 09:00 AM.
Signed by Magistrate Judge Stephen L. Crocker on 7/11/2016. (voc) (Entered:
07/13/2016)

07/19/2016

21 AMENDED COMPLAINT against All Defendants, filed by Judy Dilley. (Stirrat,
Courtney) (Entered: 07/19/2016)

07/20/2016

22 ** TEXT ONLY ORDER **
After reviewing plaintiff Judy Dilley's amended complaint, Dkt. 21 , the court
concludes that she has properly alleged a basis from which to exercise subject matter
jurisdiction over this case, pursuant to 28 U.S.C. § 1332. Dilley has also confirmed
that she is not suing Holiday Acres Stables as a separate entity, but as a d/b/a of
defendant Steve Krier. Id. Defendant Holiday Acres Stables is therefore DISMISSED,
and the clerk's office is directed to update the caption of the case. Signed by District
Judge James D. Peterson on 7/20/2016. (voc) (Entered: 07/20/2016)

07/25/2016

23 ANSWER to Amended Complaint by Defendant Holiday Acres Properties, Inc.
(Curtis, Paul) (Entered: 07/25/2016)

08/08/2016

24 ANSWER to Amended Complaint by Defendant Steve Krier. (Finlan, Patrick)
(Entered: 08/08/2016)

08/25/2016

25 MOTION FOR SUMMARY JUDGMENT by Defendant Holiday Acres Properties,
Inc. Brief in Opposition due 9/15/2016. Brief in Reply due 9/26/2016. (Barber,
Timothy) (Entered: 08/25/2016)

08/25/2016

26 Proposed Findings of Fact filed by Defendant Holiday Acres Properties, Inc. re: 25
Motion for Summary Judgment. (Barber, Timothy) (Entered: 08/25/2016)

08/25/2016

27 Declaration of Kim Zambon filed by Defendant Holiday Acres Properties, Inc. re: 25
Motion for Summary Judgment. (Barber, Timothy) (Entered: 08/25/2016)

08/25/2016

28 Declaration of Timothy M. Barber filed by Defendant Holiday Acres Properties, Inc.
re: 25 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 − Holiday Acres Properties, Inc.'s Responses to Plaintiff's
Interrogatories,
# 2 Exhibit 2 − Holiday Acres Properties, Inc.'s Responses to Plaintiff's Requests For
Production of Documents,
# 3 Exhibit 3 − Krier's Responses to Holiday Acres Properties, Inc.'s First Set of
Requests For Admission) (Barber, Timothy) (Entered: 08/25/2016)

08/25/2016

29 Brief in Support of 25 Motion for Summary Judgment by Defendant Holiday Acres
Properties, Inc. (Barber, Timothy) (Entered: 08/25/2016)

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08/26/2016

30 Motion for Extension of Time by Plaintiff Judy Dilley. Motions referred to Magistrate
Judge Stephen L. Crocker. (Stirrat, Courtney) (Entered: 08/26/2016)

08/29/2016

31 ** TEXT ONLY ORDER **
ORDER granting 30 Motion for Extension of Time re: 25 motion for Summary
Judgment. Brief in Opposition due 9/29/2016. Brief in Reply due 10/11/2016. Signed
by Magistrate Judge Stephen L. Crocker on 8/29/2016. (voc) (Entered: 08/29/2016)

09/21/2016

32 Notice of Withdrawal of Motion by Defendant Holiday Acres Properties, Inc. re: 25
MOTION FOR SUMMARY JUDGMENT filed by Holiday Acres Properties, Inc.
(Barber, Timothy) (Entered: 09/21/2016)

11/28/2016

33 Motion to Withdraw as Attorney by Defendant Steve Krier. Response due 12/5/2016.
(Finlan, Patrick) (Entered: 11/28/2016)

11/28/2016

34 Exhibit A to 33 Motion to Withdraw as Attorney filed by Steve Krier. Consent to
Allow Counsel to Withdraw. (Finlan, Patrick) Modified on 11/28/2016. (lak) (Entered:
11/28/2016)

11/28/2016

35 Proposed Order re: 33 Motion to Withdraw as Attorney filed by Steve Krier. (Finlan,
Patrick) Modified on 11/28/2016. (lak) (Entered: 11/28/2016)

12/05/2016

36 ORDER granting 33 Motion to Withdraw as Attorney. Attorney Patrick Howard
Finlan terminated. Signed by District Judge James D. Peterson on 12/5/2016. (voc)
(Entered: 12/05/2016)

12/05/2016

37 Deposition of Kim Zambon taken on 09/09/2016. (Barber, Timothy) (Entered:
12/05/2016)

12/05/2016

38 Deposition of Steve Krier taken on 09/08/2016. (Barber, Timothy) (Entered:
12/05/2016)

12/05/2016

39 Deposition of Nicole Kremsreiter taken on 09/09/2016. (Barber, Timothy) (Entered:
12/05/2016)

12/05/2016

40 MOTION FOR SUMMARY JUDGMENT on Equine Immunity Defense and
Punitive Damages by Defendant Holiday Acres Properties, Inc. Brief in Opposition
due 12/27/2016. Brief in Reply due 1/5/2017. (Barber, Timothy) (Entered: 12/05/2016)

12/05/2016

41 Declaration of Timothy M. Barber filed by Defendant Holiday Acres Properties, Inc.
re: 40 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 − Dilley's Responses To Holiday Acres' Requests to Admit) (Barber,
Timothy) (Entered: 12/05/2016)

12/05/2016

42 Proposed Findings of Fact filed by Defendant Holiday Acres Properties, Inc. re: 40
Motion for Summary Judgment on Equine Immunity Defense and Punitive Damages.
(Barber, Timothy) (Entered: 12/05/2016)

12/05/2016

43 Brief in Support of 40 Motion for Summary Judgment on Equine Immunity Defense
and Punitive Damages by Defendant Holiday Acres Properties, Inc. (Barber, Timothy)
(Entered: 12/05/2016)

12/05/2016

44 Certificate of Service by Defendant Holiday Acres Properties, Inc. as to 38 Deposition,
37 Deposition, 39 Deposition. (Barber, Timothy) (Entered: 12/05/2016)

12/12/2016

45 Motion for Extension of Time to Conduct Further Discovery Before Responding to
Defendant's Motion by Plaintiff Judy Dilley. Motions referred to Magistrate Judge
Stephen L. Crocker. (Attachments:
# 1 See 46 .) (Stirrat, Courtney),(ps) Modified on 12/13/2016. (lak) (Entered:
12/12/2016)

12/13/2016

46 Affidavit of Courtney C. Stirrat filed by Plaintiff Judy Dilley re: 45 Motion for
Extension of Time. (lak),(ps) (Entered: 12/13/2016)

12/13/2016

47 Certificate of Service by Plaintiff Judy Dilley as to 45 Motion for Extension of Time to
Conduct Further Discovery Before Responding to Defendant's Motion. (Stirrat,
Courtney),(ps) Modified on 12/14/2016: Address for Defendant Krier does not match
what is on the docket sheet. (lak) (Entered: 12/13/2016)

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 6 of 12
12/15/2016

Set/Reset Deadlines as to 45 Motion for Extension of Time to Conduct Further
Discovery Before Responding to Defendant's Motion. Defendant's Response due
12/19/2016. (nln),(ps) (Entered: 12/15/2016)

12/19/2016

48 Brief in Opposition by Defendant Holiday Acres Properties, Inc. re: 45 MOTION for
Extension of Time, filed by Judy Dilley. (Barber, Timothy),(ps) (Entered: 12/19/2016)

12/19/2016

49 ** TEXT ONLY ORDER **
On December 5, 2016, defendant filed a motion for summary judgment on the basis of
Wisconsin's Equine Immunity Statute (dkt. 40 ), the response to which is due
December 27, 2016. On December 12, 2016, plaintiff filed a Rule 56(d) motion (dkt.
45 ) to extend her response deadline to February 3, 2017 due to the need for plaintiff's
experts to rely on the deposition testimony plaintiff and witness Dean Nolan on
January 3 and 4, 2017. According to plaintiff, the parties also have agreed that
plaintiff's deadline to disclose her expert reports will be February 1, 2017 (dkt. 45 at
par. 9). On December 19, 2016, defendant Holiday Acres responded (dkt. 48 ) that
they do not oppose an extension to January 17, 2017, but oppose an extension to
February 17, 2017 for reasons explained in the response. Plaintiff's actual motion
requests a new deadline of February 3, 2017 (see dkt. 45 at 2), while the supporting
affidavit implies that the requested new deadline is February 17, 2017, see dkt. 46 at 2.
The overarching deadline to file summary judgment motions is February 17, 2017, see
dkt. 20 . The court will grant the February 3, 2017 deadline that plaintiff actually
requested because, as a practical matter, there is no reason not to: at this point, the
court is not going to consider defendant's pending motion separately from any other
summary judgment motion that might be filed on February 17, 2017 (although I infer
there probably won't be any). Signed by Magistrate Judge Stephen L. Crocker on
12/19/2016. (nln),(ps) (Entered: 12/19/2016)

12/20/2016

50 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
12/20/2016)

02/01/2017

51 Expert Witness Disclosures by Plaintiff Judy Dilley, (Attachments:
# 1 Exhibit − Jan Dawson CV) (Stirrat, Courtney),(ps) (Entered: 02/01/2017)

02/01/2017

52 Exhibit to 51 Expert Witness Disclosures filed by Judy Dilley, (Attachments:
# 1 Exhibit − Jan Dawson Report (Unsigned) (Also see 54 for Expert Report filed as a
separate docket entry.) (Stirrat, Courtney),(ps) Modified on 2/2/2017: Main document
is a duplicate of 51 . (lak) (Entered: 02/01/2017)

02/01/2017

53 Certificate of Service by Plaintiff Judy Dilley as to 51 Expert Witness Disclosures, 52
Exhibit. (Stirrat, Courtney),(ps) (Entered: 02/01/2017)

02/02/2017

54 Expert Report (Unsigned) of Jan Dawson by Plaintiff Judy Dilley, (Attachments:
# 1 Exhibit − CV) (lak),(ps) (Entered: 02/02/2017)

02/02/2017

55 Final Expert Report of Jan Dawson by Plaintiff Judy Dilley, (Attachments:
# 1 Exhibit − Jan Dawson CV,
# 2 Exhibit − Jan Dawsosn Rate Sheet,
# 3 Exhibit − Jan Dawson Testimony History) (Stirrat, Courtney),(ps) (Entered:
02/02/2017)

02/02/2017

56 Certificate of Service by Plaintiff Judy Dilley as to 55 Expert Report, 54 Expert
Report. (Stirrat, Courtney),(ps) (Entered: 02/02/2017)

02/03/2017

57 Response to Proposed Findings of Fact filed by Plaintiff Judy Dilley re: 40 Motion for
Summary Judgment. (Stirrat, Courtney),(ps) Modified on 2/5/2017: Judge initials.
(lak) (Entered: 02/03/2017)

02/03/2017

58 Additional Proposed Findings of Fact filed by Plaintiff Judy Dilley re: 40 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit 1 − Dilley Deposition (Also see 60 .),
# 2 Exhibit 2 − Krier Deposition (Also see 38 .),
# 3 Exhibit 3 − Zambon Deposition (Also see 37 .),
# 4 Exhibit 4 − Nolan Deposition (Also see 61 .),
# 5 Exhibit 5 − Dawson Report & CV (Also see 55 .),
# 6 Exhibit 6 − Travel Wi Webpage,
# 7 Exhibit 7 − Northwoods Attractions Advertisement,
# 8 Exhibit 8 − Rhinelander Area Guide,

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 7 of 12
# 9 Exhibit 9 − Rhinelander Resorts Activities,
# 10 Exhibit 10 − Holiday Stables at Holiday Acres Resort Facebook Page,
# 11 Exhibit 11 − Holiday Acres Resorts Planned Activities,
# 12 Exhibit 12 − Holiday Acres Resorts Presented at Holiday Stables Pamphlet,
# 13 Exhibit 13 − Sign Photo − Post−Injury,
# 14 Exhibit 14 − Sign Photo − Pre−Injury,
# 15 Exhibit 15 − Sign Photo − Text,
# 16 Exhibit 16 − Guide to Wi Horseback Riding,
# 17 Exhibit 17 − Holiday Stables Waiver) (Stirrat, Courtney),(ps) Modified on
2/5/2017: Corrected docketing event, clarified exhibit descriptions. (lak) (Entered:
02/03/2017)
02/03/2017

59 Brief in Opposition by Plaintiff Judy Dilley re: 40 Motion for Summary Judgment
filed by Holiday Acres Properties, Inc. (Stirrat, Courtney),(ps) Modified on 2/5/2017:
Judge initials. (lak) (Entered: 02/03/2017)

02/07/2017

60 Deposition of Judy Dilley taken on 01/03/2017. (Stirrat, Courtney),(ps) (Entered:
02/07/2017)

02/07/2017

61 Deposition of Dean Nolan taken on 01/04/2017. (Stirrat, Courtney),(ps) (Entered:
02/07/2017)

02/10/2017

62 Motion to Strike 55 Expert Report by Defendant Holiday Acres Properties, Inc.
(Barber, Timothy),(ps) (Entered: 02/10/2017)

02/10/2017

63 Brief in Support of 62 Motion to Strike by Defendant Holiday Acres Properties, Inc.
(Barber, Timothy),(ps) (Entered: 02/10/2017)

02/13/2017

Set Briefing Deadlines as to 62 Motion to Strike 55 Expert Report . Plaintiff's Brief in
Opposition due 2/27/2017. Defendant's Brief in Reply due 3/6/2017. (nln),(ps)
(Entered: 02/13/2017)

02/13/2017

64 Reply in Support of Proposed Findings of Fact filed by Defendant Holiday Acres
Properties, Inc. re: 40 Motion for Summary Judgment. (Barber, Timothy),(ps)
(Entered: 02/13/2017)

02/13/2017

65 Response to Proposed Findings of Fact filed by Defendant Holiday Acres Properties,
Inc. re: 40 Motion for Summary Judgment. (Barber, Timothy),(ps) (Entered:
02/13/2017)

02/13/2017

66 Brief in Reply by Defendant Holiday Acres Properties, Inc. in Support of 40 Motion
for Summary Judgment. (Barber, Timothy),(ps) (Entered: 02/13/2017)

02/14/2017

67 Certificate of Service by Defendant Holiday Acres Properties, Inc. as to 66 Brief in
Reply. (Barber, Timothy),(ps) (Entered: 02/14/2017)

02/20/2017

68 Supplemental Expert Witness Disclosures by Plaintiff Judy Dilley. (Stirrat,
Courtney),(ps) (Entered: 02/20/2017)

02/21/2017

69 Stipulation to Extend Discovery Cutoff by Defendant Holiday Acres Properties, Inc.
(Barber, Timothy),(ps) Modified on 2/22/2017. (lak) (Entered: 02/21/2017)

02/22/2017

70 ** TEXT ONLY ORDER **
ORDER granting 69 Stipulation to Extend Discovery Cutoff. Signed by Magistrate
Judge Stephen L. Crocker on 2/22/2017. (nln),(ps) (Entered: 02/22/2017)

02/23/2017

71 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
02/23/2017)

02/27/2017

72 Brief in Opposition by Plaintiff Judy Dilley re: 62 Motion to Strike filed by Holiday
Acres Properties, Inc., (Attachments:
# 1 Exhibit 1 − Teaching Safe Horsemanship (Missing page 16. See 74 for complete
document.),
# 2 Exhibit 2 − Answers to Plaintiff's Interrogatories) (Stirrat, Courtney),(ps) Modified
on 2/28/2017: E−mail to counsel regarding exhibit descriptions. Disregard future
entries. (lak) (Entered: 02/27/2017)

02/27/2017

73 Certificate of Service by Plaintiff Judy Dilley as to 72 Brief in Opposition. (Stirrat,
Courtney),(ps) (Entered: 02/27/2017)

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 8 of 12
03/01/2017

74 Exhibit to 72 Brief in Opposition, filed by Judy Dilley. Teaching Safe Horsemanship
(w/page 16). (Stirrat, Courtney),(ps) (Entered: 03/01/2017)

03/03/2017

75 Brief in Reply by Defendant Holiday Acres Properties, Inc. in Support of 62 Motion to
Strike. (Barber, Timothy),(ps) (Entered: 03/03/2017)

03/10/2017

76 Notice of Appearance filed by Charles William Armbruster, III for Plaintiff Judy
Dilley. (Armbruster, Charles),(ps) (Entered: 03/10/2017)

03/15/2017

77 Expert Witness Disclosures by Defendant Holiday Acres Properties, Inc. (Barber,
Timothy),(ps) (Entered: 03/15/2017)

03/15/2017

78 Expert Report of Richelle Beene by Defendant Holiday Acres Properties, Inc.
(Attachments:
# 1 Exhibit A − CV of Richelle Beene) (Barber, Timothy),(ps) (Entered: 03/15/2017)

03/15/2017

79 Certificate of Service by Defendant Holiday Acres Properties, Inc. as to 78 Expert
Report. (Barber, Timothy),(ps) (Entered: 03/15/2017)

03/15/2017

80 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
03/15/2017)

03/15/2017

81 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
03/15/2017)

03/15/2017

82 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
03/15/2017)

03/23/2017

83 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
03/23/2017)

04/19/2017

84 Notice of Appearance filed by Danielle Elizabeth Baudhuin for Defendant Holiday
Acres Properties, Inc. (Baudhuin, Danielle),(ps) (Entered: 04/19/2017)

04/19/2017

85 Certificate of Service by Defendant Holiday Acres Properties, Inc. as to 84 Notice of
Appearance. (Baudhuin, Danielle),(ps) (Entered: 04/19/2017)

04/21/2017

86 Motion for Protective Order by Defendant Holiday Acres Properties, Inc. (Barber,
Timothy),(ps) (Entered: 04/21/2017)

04/21/2017

87 Declaration of Timothy M. Barber filed by Defendant Holiday Acres Properties, Inc.
re: 86 Motion for Protective Order, (Attachments:
# 1 Exhibit 1 − Plaintiff's Requests for Admission to Defendant Krier,
# 2 Exhibit 2 − April 14, 2017 Email from Barber,
# 3 Exhibit 3 − April 16, 2017 Email from Stirrat,
# 4 Exhibit 4 − Spreadsheets) (Barber, Timothy),(ps) (Entered: 04/21/2017)

04/21/2017

88 Brief in Support of 86 Motion for Protective Order by Defendant Holiday Acres
Properties, Inc. (Barber, Timothy),(ps) (Entered: 04/21/2017)

04/21/2017

Set Briefing Deadlines as to 86 Motion for Protective Order. Plaintiff's Brief in
Opposition due 4/28/2017. Defendant's Brief in Reply due 5/5/2017. (nln),(ps)
(Entered: 04/21/2017)

04/28/2017

89 Brief in Opposition by Plaintiff Judy Dilley re: 86 Motion for Protective Order filed by
Holiday Acres Properties, Inc. (Stirrat, Courtney),(ps) (Entered: 04/28/2017)

04/28/2017

90 Certificate of Service by Plaintiff Judy Dilley as to 89 Brief in Opposition. (Stirrat,
Courtney),(ps) (Entered: 04/28/2017)

05/03/2017

91 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
05/03/2017)

05/05/2017

92 Brief in Reply by Defendant Holiday Acres Properties, Inc. in Support of 86 Motion
for Protective Order. (Barber, Timothy),(ps) (Entered: 05/05/2017)

05/15/2017

93 Disregard. See 94 and 95 . Modified on 5/17/2017. (lak) (Entered: 05/15/2017)

05/16/2017

94 Corrected Expert Witness Disclosures by Defendant Holiday Acres Properties, Inc.
(Barber, Timothy),(ps) (Entered: 05/16/2017)

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 9 of 12
05/16/2017

95 Corrected Expert Report of Harel Deutsch, MD by Defendant Holiday Acres
Properties, Inc., (Attachments:
# 1 Exhibit 1 − CV of Harel Deutsch, MD,
# 2 Exhibit 2 − List of Past Cases of Harel Deutsch, MD,
# 3 Exhibit 3 − Harel Deutsch, MD, Invoice and Rate Sheet,
# 4 Certificate of Service) (Barber, Timothy),(ps) Modified on 5/17/2017. (lak)
(Entered: 05/16/2017)

05/17/2017

96 Notice of Appearance filed by Michael T. Blotevogel for Plaintiff Judy Dilley.
(Blotevogel, Michael),(ps) (Entered: 05/17/2017)

05/18/2017

97 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) Modified on
5/19/2017: Also see 96 . (lak) (Entered: 05/18/2017)

05/24/2017

98 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
05/24/2017)

05/25/2017

99 Stipulation for Amendment of Caption by Defendant Holiday Acres Properties, Inc.,
(Attachments:
# 1 Exhibit 1 − Krier's Answers to Plaintiff's First Set of Interrogatories) (Barber,
Timothy),(ps) (Entered: 05/25/2017)

05/25/2017

100 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
05/25/2017)

05/26/2017

101 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
05/26/2017)

05/30/2017

102 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
05/30/2017)

05/31/2017

103 ORDER granting Defendant Holiday Acres Properties, Inc.'s 40 Motion for Summary
Judgment; granting Defendant Holiday Acres Properties, Inc.'s 62 Motion to Strike.
Defendant Holiday Acres Properties, Inc. is DISMISSED from the case. Plaintiff Judy
Dilley is directed to respond to this order by June 12, 2017, and explain why the court
should not grant summary judgment in favor of defendant Steve Krier under Federal
Rule of Civil Procedure 56(f) and dismiss the case. Ruling on defendant Holiday Acres
Properties, Inc.'s motion for a protective order, Dkt. 86 , is DEFERRED. Signed by
District Judge James D. Peterson on 5/31/2017. (jef),(ps) (Entered: 05/31/2017)

06/12/2017

104 Deposition of Angela Denil taken on 3−22−17. (Stirrat, Courtney),(ps) (Entered:
06/12/2017)

06/12/2017

105 Deposition of Diane Berghammer (discovery) taken on 3−22−17. (Stirrat,
Courtney),(ps) (Entered: 06/12/2017)

06/12/2017

106 Deposition of Diane Berghammer (evidence) taken on 5−25−17. (Stirrat,
Courtney),(ps) (Entered: 06/12/2017)

06/12/2017

107 Deposition of Dr. Ira Halperin (discovery) taken on 4−10−17. (Stirrat, Courtney),(ps)
(Entered: 06/12/2017)

06/12/2017

108 Deposition of Dr. Ira Halperin (evidence) taken on 5−24−17. (Stirrat, Courtney),(ps)
(Entered: 06/12/2017)

06/12/2017

109 Deposition of Dr. Jason Seibly (discovery) taken on 1−16−17. (Stirrat, Courtney),(ps)
(Entered: 06/12/2017)

06/12/2017

110 Disregard. See 118 . Modified on 6/14/2017. (lak) (Entered: 06/12/2017)

06/12/2017

111 Deposition of Edward Hodel (discovery) taken on 1−16−17. (Stirrat, Courtney),(ps)
(Entered: 06/12/2017)

06/12/2017

112 Deposition of Edward Hodel (evidence) taken on 1−16−17. (Stirrat, Courtney),(ps)
(Entered: 06/12/2017)

06/12/2017

113 Deposition of Richelle Beene taken on 5−30−17. (Stirrat, Courtney),(ps) (Entered:
06/12/2017)

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 10 of 12
06/12/2017

114 Deposition of Robert Bowen (discovery) taken on 3−22−17. (Stirrat, Courtney),(ps)
(Entered: 06/12/2017)

06/12/2017

115 Deposition of Robert Bowen (evidence) taken on 5−25−17. (Stirrat, Courtney),(ps)
(Entered: 06/12/2017)

06/12/2017

116 Certificate of Service by Plaintiff Judy Dilley as to 104 Deposition, 115 Deposition,
109 Deposition, 114 Deposition, 108 Deposition, 112 Deposition, 110 Deposition, 105
Deposition, 107 Deposition, 111 Deposition, 113 Deposition, 106 Deposition. (Stirrat,
Courtney),(ps) (Entered: 06/12/2017)

06/12/2017

117 Response re: 103 Order on Motion for Summary Judgment, Order on Motion to Strike.
Plaintiff's Brief Explaining Why the Court Should Not Enter Summary Judgment in
Favor of Steve Krier, by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
06/12/2017)

06/13/2017

118 Deposition of Dr. Jason Seibly (evidence) taken on 4−10−17. (Stirrat, Courtney),(ps)
(Entered: 06/13/2017)

06/14/2017

119 Motion for Leave to File Reply to Dilley's 117 Response to 103 Summary Judgment
Order, by Defendant Holiday Acres Properties, Inc. (Attachments:
# 1 Exhibit Brief in Reply to Dilley's Post−Summary Judgment Response Brief)
(Barber, Timothy),(ps) Modified docket text on 6/14/2017 (nln). (Entered: 06/14/2017)

06/16/2017

120 Brief in Opposition by Plaintiff Judy Dilley re: 119 Motion for Leave to File, filed by
Holiday Acres Properties, Inc. (Stirrat, Courtney),(ps) (Entered: 06/16/2017)

06/19/2017

121 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
06/19/2017)

07/06/2017

122 ORDER denying as moot 86 Motion for Protective Order; denying as moot 99
Stipulation for Amendment of Caption; denying as moot 119 Motion for Leave to File.
Summary judgment is GRANTED in favor of defendant Steve Krier under Federal
Rule of Civil Procedure 56(f). All of plaintiff's claims are DISMISSED with prejudice.
The clerk of court is directed to enter judgment in favor of defendants and close the
case. Signed by District Judge James D. Peterson on 7/6/2017. (jef),(ps) (Entered:
07/06/2017)

07/06/2017

123 JUDGMENT entered granting summary judgment in favor of defendants Steve Krier
and Holiday Acres Properties,Inc. and dismissing this case with prejudice. Signed by
Peter A. Oppeneer, Clerk of Court on 7/6/2017. (jef),(ps) (Entered: 07/06/2017)

07/20/2017

124 Bill of Costs by Defendant Holiday Acres Properties, Inc. Motions referred to Peter A.
Oppeneer, Clerk of Court. (Barber, Timothy),(ps) (Entered: 07/20/2017)

07/20/2017

125 Declaration of Timothy M. Barber filed by Defendant Holiday Acres Properties, Inc.
re: 124 Bill of Costs, (Attachments:
# 1 Exhibit 1 − Invoice from Susan K. Edwards ($1108.00),
# 2 Exhibit 2 − Invoice from Advantage Court Reporting Service ($526.50),
# 3 Exhibit 3 − Invoice from Advantage Court Reporting Service ($198.00),
# 4 Exhibit 4 − Invoice from Advantage Court Reporting Service ($371.00),
# 5 Exhibit 5 − Invoice from Advantage Court Reporting Service ($193.50),
# 6 Exhibit 6 − Invoice from Advantage Court Reporting Service ($543.00),
# 7 Exhibit 7 − Invoice from Master Video, Inc. ($40.00),
# 8 Exhibit 8 − Invoice from Verbatim Reporting, Ltd. ($748.50),
# 9 Exhibit 9 − Invoice from Verbatim Reporting, Ltd. ($266.62),
# 10 Exhibit 10 − Invoice from Willette Court Reporting, LLC ($713.80),
# 11 Exhibit 11 − Invoice from Susan K. Edwards ($114.75),
# 12 Exhibit 12 − Invoice from Central Illinois Neuro Health Sciences ($1400.00),
# 13 Exhibit 13 − Copy of check for $1400.00 to Central Illinois Neuro Health
Sciences,
# 14 Exhibit 14 − Letter and check for $1004.00 to Dr. Halperin,
# 15 Exhibit 15 − Internal Cost Report for Photocopy Costs ($84.30)) (Barber,
Timothy),(ps) (Entered: 07/20/2017)

07/20/2017

Set/Reset Deadlines as to 124 Bill of Costs. Plaintiff's Objection to Bill of Costs due
7/31/2017. Defendant's Brief in Support to Bill of Costs due 8/11/2017. Plaintiff's
Brief in Reply in Opposition to Bill of Costs due 8/16/2017. (nln),(ps) (Entered:

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 11 of 12
07/20/2017)
07/21/2017

126 NOTICE OF APPEAL by Plaintiff Judy Dilley as to 103 Order on Motion for
Summary Judgment, Order on Motion to Strike, 122 Order on Motion for Protective
Order, Order on Stipulation, Order on Motion for Leave to File. Filing fee of $ 505,
receipt number 0758−2071588 paid. No Docketing Statement filed. (Stirrat,
Courtney),(ps) (Entered: 07/21/2017)

07/21/2017

127 Appeal Information Packet. (jef),(ps) (Entered: 07/21/2017)

07/21/2017

128 Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit
Court of Appeals re 126 Notice of Appeal. (Attachments:
# 1 Order, dkt. 103 ,
# 2 Order, dkt. 122 ,
# 3 Judgment,
# 4 Docket sheet) (jef),(ps) (Entered: 07/21/2017)

07/21/2017

129 Certificate of Service by Plaintiff Judy Dilley as to 126 Notice of Appeal. (Stirrat,
Courtney),(ps) (Entered: 07/21/2017)

07/24/2017

USCA Case Number 17−2485 for 126 Notice of Appeal, filed by Judy Dilley.
(jef),(ps) (Entered: 07/24/2017)

07/27/2017

130 Transcript Request Form by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
07/27/2017)

07/31/2017

131 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re 126
Notice of Appeal. (nln),(ps) (Entered: 07/31/2017)

07/31/2017

132 Response Stating No Opposition by Plaintiff Judy Dilley re: 124 Bill of Costs filed by
Holiday Acres Properties, Inc. (Stirrat, Courtney),(ps) (Entered: 07/31/2017)

08/10/2017

133 Brief in Support of Bill of Costs by Defendant Holiday Acres Properties, Inc. re: 124
Bill of Costs filed by Holiday Acres Properties, Inc. (Barber, Timothy),(ps) (Entered:
08/10/2017)

08/16/2017

134 Motion for Extension of Time To File Brief in Reply in Opposition to Bill of Costs by
Plaintiff Judy Dilley. Motions referred to Magistrate Judge Stephen L. Crocker.
(Attachments:
# 1 Disregard. See 135 .) (Armbruster, Charles),(ps) Modified on 8/16/2017. (lak)
(Entered: 08/16/2017)

08/16/2017

135 Affidavit of Charles W. Armbruster filed by Plaintiff Judy Dilley re: 134 Motion for
Extension of Time. (lak),(ps) (Entered: 08/16/2017)

08/16/2017

136 ** TEXT ONLY ORDER **
ORDER granting 134 Motion for Extension of Time To File Brief in Reply in
Opposition to Bill of Costs. Plaintiff's Brief in Reply in Opposition to Bill of Costs due
8/21/2017. Signed by Magistrate Judge Peter A. Oppeneer on 8/16/2017. (nln),(ps)
(Entered: 08/16/2017)

08/18/2017

137 Certificate of Service by Plaintiff Judy Dilley as to 135 Affidavit, 134 Motion for
Extension of Time To File Brief in Reply in Opposition to Bill of Costs. (Stirrat,
Courtney),(ps) Modified on 8/20/2017: Duplicate documents are attached. E−mail to
counsel. The only necessary document is the Certificate of Service itself. Duplicate
documents should not be included. (lak) (Entered: 08/18/2017)

08/21/2017

138 Brief in Reply in Opposition to Bill of Costs by Plaintiff Judy Dilley re: 124 Bill of
Costs filed by Holiday Acres Properties, Inc. (Stirrat, Courtney),(ps) (Entered:
08/21/2017)

08/21/2017

139 Certificate of Service by Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered:
08/21/2017)

09/06/2017

140 ORDER on Bill of Costs: Costs Taxed in favor of Defendant Holiday Acres
Properties, Inc. in the amount of $4,987.97. Signed by Peter A. Oppeneer, Clerk of
Court on 9/5/17. (jat),(ps) (Entered: 09/06/2017)

Case: 3:16-cv-00091-jdp As of: 09/22/2017 03:18 PM CDT 12 of 12
09/19/2017
09/20/2017

141 Motion to Stay of Enforcement of Defendant's Bill of Costs Pending Appeal by
Plaintiff Judy Dilley. (Stirrat, Courtney),(ps) (Entered: 09/19/2017)
Set Deadlines as to 141 Motion to Stay of Enforcement of Defendant's Bill of Costs
Pending Appeal. Defendant's Response due 9/27/2017. (nln),(ps) (Entered:
09/20/2017)

09/22/2017

142 NOTICE OF APPEAL by Plaintiff Judy Dilley as to 140 Order Taxing Costs. Filing
fee of $ 505, receipt number 0758−2109433 paid. Docketing Statement filed.
(Attachments:
# 1 Docketing Statement Docketing Statement) (Stirrat, Courtney),(ps) (Entered:
09/22/2017)

09/22/2017

143 Appeal Information Packet. (nln),(ps) (Entered: 09/22/2017)