Restoration Risk Retention Group, Inc. v. Ross, Dave et al

Filing 38

Transmission of Notice of Appeal, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 36 Notice of Appeal, (Attachments: # 1 Judgment, # 2 Docket Sheet) (lak)

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APPEAL, CEW, CLOSED,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00296-jdp

Restoration Risk Retention Group, Inc. v. Ross, Dave et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:2201 Declaratory Judgement

Date Filed: 05/05/2016
Date Terminated: 11/04/2016
Jury Demand: None
Nature of Suit: 890 Other Statutory
Actions
Jurisdiction: Federal Question

Plaintiff
Restoration Risk Retention Group, Inc.

represented by Kenneth T. Brooks
Honigman Miller Schwartz and Cohn LLP
222 North Washington Square
Suite 400
Lansing, MI 48933
517-377-0735
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kevin M. Blair
Honigman Miller Schwartz and Cohn LLP
222 North Washington Square
Suite 400
Lansing, MI 48933
517-377-0716
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Dave Ross
Secretary, Wisconsin Department of Safety
and Professional Services

represented by F. Mark Bromley
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707-7857
608-264-6201
Fax: [phone]
Email: [e-mail]

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ATTORNEY TO BE NOTICED
Steven Carl Kilpatrick
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707-7857
608-266-1792
Fax: [phone]
Email: [e-mail]
TERMINATED: 08/19/2016
Theresa Movroydis Anzivino
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707-7857
608-266-8554
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
Trades Credentialing Unit
Wisconsin Department of Safety and
Professional Services
TERMINATED: 10/24/2016

represented by F. Mark Bromley
(See above for address)
ATTORNEY TO BE NOTICED
Steven Carl Kilpatrick
(See above for address)
TERMINATED: 08/19/2016
Theresa Movroydis Anzivino
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed
05/06/2016

#

Docket Text
1 COMPLAINT (Verified) for Declaratory and Injunctive Relief against Restoration
Risk Retention Group, Inc. ( Filing fee $ 400 receipt number 0758-1803273.), filed
by All Plaintiffs. (Attachments:
# 1 Exhibit A - WI Office of Commissioner of Ins. Risk Retention Group Webpage,
# 2 Exhibit B - April 30 2015 Letter,
# 3 Exhibit C - May 20 2015 Email,
# 4 Exhibit D - July 28 2015 Letter,
# 5 Exhibit E - September 15 2015 Letter,
# 6 JS-44 Civil Cover Sheet,
# 7 Summons to Dave Ross,

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# 8 Summons to Trades Credentialing Unit) (Brooks, Kenneth) (Entered:
05/06/2016)
05/06/2016

2 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Restoration Risk
Retention Group, Inc. (Brooks, Kenneth) (Entered: 05/06/2016)

05/06/2016

3 Brief in Support of 2 Motion for Preliminary Injunction by Plaintiff Restoration Risk
Retention Group, Inc., (Attachments:
# 1 Exhibit A - WI Office of Commissioner of Ins. Risk Retention Group Webpage,
# 2 Exhibit B - April 30 2015 Letter,
# 3 Exhibit C - May 20 2015 Email,
# 4 Exhibit D - July 28 2015 Letter,
# 5 Exhibit E - September 15 2015 Letter,
# 6 Exhibit F - WI Department of Professional Services Website,
# 7 Exhibit G - Order Granting Motion) (Brooks, Kenneth) Modified on 5/9/2016.
(lak) (Entered: 05/06/2016)

05/06/2016

Case randomly assigned to District Judge James D. Peterson and Magistrate Judge
Stephen L. Crocker. (jat) (Entered: 05/06/2016)

05/06/2016

Standard attachments for Judge James D. Peterson required to be served on all
parties with summons or waiver of service: NORTC, Corporate Disclosure
Statement. (jat) (Entered: 05/06/2016)

05/06/2016

4 Summons Issued as to Dave Ross, Trades Credentialing Unit. (Attachments:
# 1 Summons Dave Ross) (jat) (Entered: 05/06/2016)

05/09/2016

5 Corporate Disclosure Statement by Plaintiff Restoration Risk Retention Group, Inc.
(Brooks, Kenneth) (Entered: 05/09/2016)

05/19/2016

6 Summons Returned Executed. Dave Ross served on 5/18/2016, answer due 6/8/2016.
(Brooks, Kenneth) (Entered: 05/19/2016)

05/19/2016

7 Summons Returned Executed. Trades Credentialing Unit served on 5/18/2016,
answer due 6/8/2016. (Brooks, Kenneth) (Entered: 05/19/2016)

06/07/2016

8 Notice of Appearance filed by Theresa Movroydis Anzivino for Defendants Dave
Ross, Trades Credentialing Unit, (Attachments:
# 1 Certificate of Service) (Anzivino, Theresa) Modified on 6/8/2016: Document is
signed by one attorney. Additional counsel not added. (lak) (Entered: 06/07/2016)

06/07/2016

9 ANSWER by Defendants Dave Ross, Trades Credentialing Unit. (Anzivino,
Theresa) (Entered: 06/07/2016)

06/08/2016

Set Telephone Conference: Telephone Pretrial Conference set for 7/6/2016 at 01:30
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] (jat) (Entered: 06/08/2016)

06/09/2016

Set Briefing Deadlines as to 2 MOTION FOR PRELIMINARY INJUNCTION. Brief
in Opposition due 6/30/2016. Brief in Reply due 7/11/2016. (jat) (Entered:
06/09/2016)

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06/17/2016

10 Notice of Appearance filed by Kevin M. Blair for Plaintiff Restoration Risk
Retention Group, Inc. (Blair, Kevin) (Entered: 06/17/2016)

06/28/2016

11 Proposed Findings of Fact filed by Plaintiff Restoration Risk Retention Group, Inc.
re: 2 Motion for Preliminary Injunction. (Blair, Kevin) (Entered: 06/28/2016)

06/28/2016

12 Stipulation to Extend Briefing Deadlines by Plaintiff Restoration Risk Retention
Group, Inc., (Attachments:
# 1 Exhibit - Order (Unsigned)) (Blair, Kevin) (Entered: 06/28/2016)

06/29/2016

13 ** TEXT ONLY ORDER **
ORDER granting 12 Stipulation to Extend Briefing Deadlines. Signed by Magistrate
Judge Stephen L. Crocker on 6/28/16. (jat) (Entered: 06/29/2016)

06/29/2016

Reset Briefing Deadlines as to 2 MOTION FOR PRELIMINARY INJUNCTION.
Brief in Opposition due 7/8/2016. Brief in Reply due 7/19/2016. (jat) (Entered:
06/29/2016)

06/29/2016

14 MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS by Defendants
Dave Ross, Trades Credentialing Unit. Brief in Opposition due 7/20/2016. Brief in
Reply due 8/1/2016. (Anzivino, Theresa) Modified on 6/30/2016. (lak) (Entered:
06/29/2016)

06/29/2016

15 Brief in Support of 14 Motion for Partial Judgment on the Pleadings by Defendants
Dave Ross, Trades Credentialing Unit. (Anzivino, Theresa) Modified on 6/30/2016.
(lak) (Entered: 06/29/2016)

06/30/2016

16 Joint Discovery Plan. (Blair, Kevin) (Entered: 06/30/2016)

07/06/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 7/6/2016 [:25] (cak) (Entered:
07/06/2016)

07/07/2016

17 Response to Proposed Findings of Fact filed by Defendants Dave Ross, Trades
Credentialing Unit re: 2 Motion for Preliminary Injunction. (Anzivino, Theresa)
(Entered: 07/07/2016)

07/07/2016

18 Brief in Opposition by Defendants Dave Ross, Trades Credentialing Unit re: 2
Motion for Preliminary Injunction filed by Restoration Risk Retention Group, Inc.
(Anzivino, Theresa) (Entered: 07/07/2016)

07/19/2016

19 Brief in Reply by Plaintiff Restoration Risk Retention Group, Inc. in Support of 2
Motion for Preliminary Injunction. (Blair, Kevin) (Entered: 07/19/2016)

07/20/2016

20 Pretrial Conference Order - Dispositive Motions due 3/31/2017. Final Pretrial
Submissions due 7/19/2017. Court Trial set for 8/16/2017 at 09:00 AM. Signed by
Magistrate Judge Stephen L. Crocker on 7/8/16. (jat) (Entered: 07/20/2016)

07/20/2016

21 Brief in Opposition by Plaintiff Restoration Risk Retention Group, Inc. re: 14 Motion
for Partial Judgment on the Pleadings filed by Trades Credentialing Unit, Dave Ross.
(Blair, Kevin) (Entered: 07/20/2016)

07/21/2016

22 Unopposed Motion for Leave to File an Early Motion for Summary Judgment by
Plaintiff Restoration Risk Retention Group, Inc. (Blair, Kevin) (Entered: 07/21/2016)

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07/22/2016

23 ** TEXT ONLY ORDER **
Plaintiff's unopposed motion for leave to file an early motion for summary judgment
(while preserving the right to file another comprehensive summary judgment motion
later), Dkt. 22 , is GRANTED. The motion is due August 12, 2016. Signed by
District Judge James D. Peterson on 7/22/16. (jat) (Entered: 07/22/2016)

08/01/2016

24 Brief in Reply by Defendants Dave Ross, Trades Credentialing Unit in Support of 14
Motion for Partial Judgment on the Pleadings. (Anzivino, Theresa) Modified on
8/1/2016. (lak) (Entered: 08/01/2016)

08/12/2016

25 MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiff Restoration
Risk Retention Group, Inc. Brief in Opposition due 9/2/2016. Brief in Reply due
9/12/2016. (Blair, Kevin) (Entered: 08/12/2016)

08/12/2016

26 Brief in Support of 25 Motion for Partial Summary Judgment by Plaintiff Restoration
Risk Retention Group, Inc. (Blair, Kevin) (Entered: 08/12/2016)

08/12/2016

27 Proposed Findings of Fact filed by Plaintiff Restoration Risk Retention Group, Inc.
re: 25 Motion for Partial Summary Judgment. (Blair, Kevin) (Entered: 08/12/2016)

08/19/2016

28 Notice of Withdrawal of Counsel by Steven Carl Kilpatrick re: Defendants Dave
Ross, Trades Credentialing Unit. (Kilpatrick, Steven) (Entered: 08/19/2016)

09/01/2016

29 Brief in Opposition by Defendants Dave Ross, Trades Credentialing Unit re: 25
Motion for Partial Summary Judgment filed by Restoration Risk Retention Group,
Inc. (Anzivino, Theresa) (Entered: 09/01/2016)

09/01/2016

30 Response to Proposed Findings of Fact filed by Defendants Dave Ross, Trades
Credentialing Unit re: 25 Motion for Partial Summary Judgment. (Anzivino,
Theresa) (Entered: 09/01/2016)

09/12/2016

31 Brief in Reply by Plaintiff Restoration Risk Retention Group, Inc. in Support of 25
Motion for Partial Summary Judgment. (Blair, Kevin) (Entered: 09/12/2016)

09/12/2016

32 Reply in Support of Proposed Findings of Fact filed by Plaintiff Restoration Risk
Retention Group, Inc. re: 25 Motion for Partial Summary Judgment. (Blair, Kevin)
(Entered: 09/12/2016)

10/24/2016

33 OPINION & ORDER granting 14 Defendants' Motion for Partial Judgment on the
Pleadings; denying 25 Plaintiff's Motion for Partial Summary Judgment; denying 2
Plaintiff's Motion for Preliminary Injunction. Plaintiff's claims against defendant
Trades Credentialing Unit are dismissed. Defendant Trades Credentialing Unit is
dismissed from this case. The parties must inform the court of their intention to
proceed with this case within 10 days of this order. Signed by District Judge James
D. Peterson on 10/24/16. (jat) (Entered: 10/24/2016)

10/24/2016

Set Deadlines: Response to Order due 11/4/2016. (jat) (Entered: 10/24/2016)

11/03/2016

34 STIPULATION of Dismissal of Plaintiff's Remaining Claims without Prejudice or
Costs. (Blair, Kevin) Modified on 11/3/2016. (lak) (Entered: 11/03/2016)

11/04/2016

35 JUDGMENT entered in favor of Defendants Dave Ross and Trades Credentialing
Unit dismissing the case. (jat) (Entered: 11/04/2016)

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12/02/2016

36 NOTICE OF APPEAL by Plaintiff Restoration Risk Retention Group, Inc. as to 35
Judgment. Filing fee of $ 505, receipt number 0758-1927513 paid. No Docketing
Statement filed. (Blair, Kevin) (Entered: 12/02/2016)

12/02/2016

37 Appeal Information Packet. (lak) (Entered: 12/02/2016)

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