Cleven, Gary v. Soglin, Paul et al

Filing 64

Transmission of Notice of Appeal, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 62 Notice of Appeal, (Attachments: # 1 Opinion and Order, # 2 Judgment, # 3 Docket Sheet) (lak)

3015, APPEAL, BILL_OF_COSTS, CLOSED, DPM,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00421-wmc

Cleven, Gary v. Soglin, Paul et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Civil Rights Act

Date Filed: 06/15/2016
Date Terminated: 10/17/2017
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Plaintiff
Gary Cleven

represented by Bruce M. Davey
Davey & Goldman
5609 Medical Circle, Suite 101
Madison, WI 53719
608-630-9700
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lisa Claire Goldman
Davey & Goldman
5609 Medical Circle, Suite 101
Madison, WI 53719
608-630-9700
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Paul Soglin

represented by Matteo Reginato
Arenz, Molter, Macy, Riffle & Larson, S.C.
720 N. East Avenue
Waukesha, WI 53186
262-548-1340
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Remzy Bitar
Arenz, Molter, Macy, Riffle & Larson, S.C.
720 N. East Avenue
Waukesha, WI 53186
262-548-1340

Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
City of Madison

represented by Matteo Reginato
(See above for address)
ATTORNEY TO BE NOTICED
Remzy Bitar
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
David Schmiedicke

represented by Matteo Reginato
(See above for address)
ATTORNEY TO BE NOTICED
Remzy Bitar
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed
06/16/2016

#

Docket Text
1 COMPLAINT against All Defendants. Service to be completed by Waiver of Service of
Summons. ( Filing fee $ 400 receipt number 0758-1827998.), filed by Gary Cleven.
(Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Soglin Summons,
# 3 City of Madison Summons,
# 4 Schmiedicke Summons) (Goldman, Lisa) Modified on 6/17/2016: Deleted duplicate text.
(lak) (Entered: 06/16/2016)

06/16/2016

Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L.
Crocker. (voc) (Entered: 06/16/2016)

06/16/2016

Standard attachments for Judge William M. Conley required to be served on all parties with
summons or waiver of service: NORTC, Corporate Disclosure Statement. (voc) (Entered:
06/16/2016)

06/16/2016

2 Summons Issued as to City of Madison, David Schmiedicke, Paul Soglin. (Attachments:
# 1 Summons City of Madison,
# 2 Summons David Schmiedicke) (voc) (Entered: 06/16/2016)

07/15/2016

3 Corporate Disclosure Statement by Defendants City of Madison, David Schmiedicke, Paul
Soglin. (Bitar, Remzy) (Entered: 07/15/2016)

07/15/2016

4 Waiver of Service Returned Executed by Defendant Paul Soglin. Paul Soglin waiver sent on
6/16/2016, answer due 8/15/2016. (Reginato, Matteo) (Entered: 07/15/2016)

07/15/2016

5 Waiver of Service Returned Executed by Defendant David Schmiedicke. David Schmiedicke
waiver sent on 6/16/2016, answer due 8/15/2016. (Reginato, Matteo) (Entered: 07/15/2016)

07/15/2016

6 Waiver of Service Returned Executed by Defendant City of Madison. City of Madison waiver
sent on 6/16/2016, answer due 8/15/2016. (Reginato, Matteo) (Entered: 07/15/2016)

07/15/2016

7 Notice of Appearance filed by Remzy Bitar for Defendants City of Madison, David
Schmiedicke, Paul Soglin. (Bitar, Remzy) (Entered: 07/15/2016)

07/15/2016

8 Notice of Appearance filed by Matteo Reginato for Defendants City of Madison, David
Schmiedicke, Paul Soglin. (Reginato, Matteo) (Entered: 07/15/2016)

07/17/2016

9 Corporate Disclosure Statement by Plaintiff Gary Cleven, (Attachments:
# 1 Certificate of Service) (Goldman, Lisa) (Entered: 07/17/2016)

08/15/2016

10 MOTION TO DISMISS by Defendants City of Madison, David Schmiedicke, Paul Soglin.
Brief in Opposition due 9/6/2016. Brief in Reply due 9/15/2016. (Reginato, Matteo) (Entered:
08/15/2016)

08/15/2016

11 Brief in Support of 10 Motion to Dismiss by Defendants City of Madison, David Schmiedicke,
Paul Soglin. (Reginato, Matteo) (Entered: 08/15/2016)

08/15/2016

12 Affidavit of Matteo Reginato filed by Defendants City of Madison, David Schmiedicke, Paul
Soglin re: 10 Motion to Dismiss, (Attachments:
# 1 Exhibit 1 - ETF 3/11/14 Decision,
# 2 Exhibit 2 - CCAP Docket (13-cv-1212),
# 3 Exhibit 3 - Decision 2014AP684,
# 4 Exhibit 4 - WRS Confirmation Page,
# 5 Exhibit 5 - 4/19/16 Hearing Transcript,
# 6 Exhibit 6 - 5/11/16 Hearing Transcript) (Reginato, Matteo) Modified on 8/16/2016. (lak)
(Entered: 08/15/2016)

08/16/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 9/6/2016 at 02:30 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] (voc) (Entered: 08/16/2016)

08/31/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference rescheduled from 9/6/2016 to
9/21/2016 at 01:00 PM to accommodate the court's calendar. Counsel for Plaintiff responsible for
setting up the call to chambers at [phone]. (voc) (Entered: 08/31/2016)

09/06/2016

13 FIRST AMENDED COMPLAINT against All Defendants, filed by Gary Cleven, (Attachments:
# 1 Certificate of Service) (Goldman, Lisa) Modified on 9/7/2016. (lak) (Entered: 09/06/2016)

09/15/2016

14 Report of Rule 26(f) Planning Meeting. (Reginato, Matteo) (Entered: 09/15/2016)

09/20/2016

15 ANSWER to Amended Complaint by Defendants City of Madison, David Schmiedicke, Paul
Soglin. (Reginato, Matteo) (Entered: 09/20/2016)

09/21/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 9/21/2016 [:10] (cak) (Entered: 09/21/2016)

09/23/2016

16 Pretrial Conference Order - Dispositive Motions due 4/7/2017. Settlement Letters due 9/29/2017.
Motions in Limine due 10/6/2017. Response to Motion due 10/20/2017. Final Pretrial
Conference set for 10/31/2017 at 04:00 PM. Jury Selection and Trial set for 11/13/2017 at 09:00
AM. Signed by Magistrate Judge Stephen L. Crocker on 9/22/2016. (jls) (Entered: 09/23/2016)

12/28/2016

17 ** TEXT ONLY ORDER **
In light of defendants filing an answer to plaintiff's amended complaint (dkt. # 15 ), defendants'
motion to dismiss (dkt. # 10 ) is denied as moot. Signed by District Judge William M. Conley on
12/28/2016. (voc) (Entered: 12/28/2016)

04/03/2017

18 Stipulation to Extend Dispositive Motion Deadline by Defendants City of Madison, David
Schmiedicke, Paul Soglin, (Attachments:
# 1 Text of Proposed Order) (Reginato, Matteo) Modified on 4/3/2017. (lak) (Entered:
04/03/2017)

04/03/2017

19 ** TEXT ONLY ORDER **
18 Stipulation accepted, extension granted. Dispositive Motions due 4/14/2017. Signed by
Magistrate Judge Stephen L. Crocker on 4/3/2017. (voc) (Entered: 04/03/2017)

04/14/2017

20 MOTION FOR SUMMARY JUDGMENT by Defendants City of Madison, David
Schmiedicke, Paul Soglin. Brief in Opposition due 5/15/2017. Brief in Reply due 5/30/2017.
(Reginato, Matteo) (Entered: 04/14/2017)

04/14/2017

21 Brief in Support of 20 Motion for Summary Judgment by Defendants City of Madison, David
Schmiedicke, Paul Soglin. (Reginato, Matteo) (Entered: 04/14/2017)

04/14/2017

22 Proposed Findings of Fact filed by Defendants City of Madison, David Schmiedicke, Paul Soglin
re: 20 Motion for Summary Judgment. (Reginato, Matteo) (Entered: 04/14/2017)

04/14/2017

23 Affidavit of Matteo Reginato filed by Defendants City of Madison, David Schmiedicke, Paul
Soglin re: 20 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 - Plaintiff's Deposition Transcript (See 40 for complete deposition in condensed
format.) (Reginato, Matteo) Modified on 4/17/2017. (lak) (Entered: 04/14/2017)

04/14/2017

24 MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiff Gary Cleven. Brief in
Opposition due 5/15/2017. Brief in Reply due 5/30/2017. (Goldman, Lisa) Modified on
4/16/2017: Corrected docketing event and all related entries. (lak) (Entered: 04/14/2017)

04/14/2017

25 Brief in Support of 24 Motion for Partial Summary Judgment by Plaintiff Gary Cleven.
(Goldman, Lisa) Modified on 4/16/2017. (lak) (Entered: 04/14/2017)

04/14/2017

26 Affidavit of Bruce M. Davey filed by Plaintiff Gary Cleven re: 24 Motion for Partial Summary
Judgment, (Attachments:
# 1 Exhibit 1 - 7/13/04 WERC Decision,
# 2 Exhibit 2 - 1/23/07 WERC Decision,
# 3 Exhibit 3 - 3/26/12 City Brief to Div. Hearings and Appeals,
# 4 Exhibit 4 - 7/10/12 Div. Hearings and Appeals Decision,
# 5 Exhibit 5 - 6/16/16 City Report to WRS of Cleven Earnings,
# 6 Exhibit 6 - WRS Report to City Detailing Cleven Amounts Owed,
# 7 Exhibit 8 - WRS Admin. Manual,
# 8 Exhibit 9 - Wertz Deposition Pages 1-15,
# 9 Exhibit 12 - WRS Monthly Benefit Estimates for Cleven,
# 10 Exhibit 13 - Expert Report of M. Wettstein,
# 11 Exhibit 17 - Motion filed in State Court Proceeding for Finding of Contempt) (Goldman,
Lisa) Modified on 4/14/2017. (lak) (Entered: 04/14/2017)

04/14/2017

27 Disregard. See 36 . Modified on 4/16/2017. (lak) (Entered: 04/14/2017)

04/14/2017

28 Disregard. See 35 . Modified on 4/16/2017. (lak) (Entered: 04/14/2017)

04/14/2017

29 Second Affidavit of Bruce M. Davey filed by Plaintiff Gary Cleven (Exhibit 11) re: 24 Motion
for Partial Summary Judgment, (Attachments:
# 1 Exhibit - Itemizations) (Goldman, Lisa) Modified on 4/16/2017. (lak) (Entered: 04/14/2017)

04/14/2017

30 Affidavit of Janet Stutz-Cleven filed by Plaintiff Gary Cleven (Exhibit 14) re: 24 Motion for
Partial Summary Judgment. (Goldman, Lisa) Modified on 4/16/2017. (lak) (Entered: 04/14/2017)

04/14/2017

31 Affidavit of Gary Cleven filed by Plaintiff Gary Cleven (Exhibit 15) re: 24 Motion for Partial
Summary Judgment. (Goldman, Lisa) Modified on 4/16/2017. (lak) (Entered: 04/14/2017)

04/14/2017

32 Disregard. See 34 . Modified on 4/16/2017. (lak) (Entered: 04/14/2017)

04/14/2017

33 Supplemental Affidavit of Bruce M. Davey filed by Plaintiff Gary Cleven re: 24 Motion for
Partial Summary Judgment, (Attachments:
# 1 Exhibit 1 - City Answer in 15cv1520 Dane County,
# 2 Exhibit 2 - Plaintiff's Answer to Counterclaim in 15cv1520,
# 3 Exhibit 3 - Affidavit of Schmidke in 15cv1520,
# 4 Exhibit 4 - 7/6/16 Attorney May Letter) (Goldman, Lisa) Modified on 4/16/2017. (lak)
(Entered: 04/14/2017)

04/14/2017

34 Affidavit of Chris Gauthier filed by Plaintiff Gary Cleven (Exhibit 16) re: 24 Motion for Partial
Summary Judgment, (Attachments:
# 1 Exhibit 1 - Madison Stagehands Yearly Hours and Earnings,
# 2 Exhibit 2 - Madison Stage Hands Total Hours Worked by Calendar Year) (Goldman, Lisa)
Modified on 4/16/2017: Added exhibit descriptions, etc. (lak) (Entered: 04/14/2017)

04/14/2017

35 Affidavit of Chris Gauthier filed by Plaintiff Gary Cleven (Exhibit 10) re: 24 Motion for Partial
Summary Judgment, (Attachments:
# 1 Exhibit A - Letter dated 4/30/2015) (Goldman, Lisa) Modified on 4/16/2017: Added exhibit
description, etc. (lak) (Entered: 04/14/2017)

04/14/2017

36 Affidavit of Gary Cleven filed by Plaintiff Gary Cleven (Exhibit 7) re: 24 Motion for Partial
Summary Judgment, (Attachments:
# 1 Exhibit B - Estimates Obtained from the WRS,
# 2 Exhibit C - Copy of Hours Obtained from the City) (Goldman, Lisa) Modified on 4/16/2017:
Added exhibit descriptions, etc. (lak) (Entered: 04/14/2017)

04/14/2017

37 Proposed Findings of Fact and Conclusions of Law by Plaintiff Gary Cleven re: 24 Motion for
Partial Summary Judgment filed by Gary Cleven. (Goldman, Lisa) Modified on 4/16/2017. (lak)
(Entered: 04/14/2017)

04/17/2017

38 Disregard. See 40 and 41 . Modified on 4/17/2017. (lak) (Entered: 04/17/2017)

04/17/2017

39 Disregard. See 40 and 41 . Modified on 4/17/2017. (lak) (Entered: 04/17/2017)

04/17/2017

40 Deposition of Gary Cleven taken on March 31, 2017. (lak) (Entered: 04/17/2017)

04/17/2017

41 Deposition of Gary Cleven taken on April 4, 2017. (lak) (Entered: 04/17/2017)

05/15/2017

42 Brief in Opposition by Defendants City of Madison, David Schmiedicke, Paul Soglin re: 24
Motion for Partial Summary Judgment filed by Gary Cleven. (Reginato, Matteo) (Entered:
05/15/2017)

05/15/2017

43 Response to Proposed Findings of Fact filed by Defendants City of Madison, David
Schmiedicke, Paul Soglin re: 24 Motion for Partial Summary Judgment. (Reginato, Matteo)
(Entered: 05/15/2017)

05/15/2017

44 Brief in Opposition by Plaintiff Gary Cleven re: 20 Motion for Summary Judgment filed by
David Schmiedicke, City of Madison, Paul Soglin. (Goldman, Lisa) (Entered: 05/15/2017)

05/15/2017

45 Affidavit of Bruce M. Davey filed by Plaintiff Gary Cleven in Response re: 20 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit A - Notice of Appeal,
# 2 Exhibit B - WRS Manual,
# 3 Exhibit C - Deposition of Schmiedicke (Also see 48 .),

# 4 Exhibit 2 to Deposition of Schmiedicke - Letter dated 6/26/2015,
# 5 Exhibit 3 to Deposition of Schmiedicke - Letter dated 7/26/2016,
# 6 Exhibit D - City Resolution) (Goldman, Lisa) Modified on 5/16/2017. (lak) (Entered:
05/15/2017)
05/15/2017

46 Additional Proposed Findings of Fact filed by Plaintiff Gary Cleven re: 20 Motion for Summary
Judgment. (Goldman, Lisa) Modified on 5/16/2017. (lak) (Entered: 05/15/2017)

05/15/2017

47 Response to Proposed Findings of Fact filed by Plaintiff Gary Cleven re: 20 Motion for
Summary Judgment. (Goldman, Lisa) (Entered: 05/15/2017)

05/16/2017

48 Deposition of David Schmiedicke taken on 8/15/2016. (Goldman, Lisa) (Entered: 05/16/2017)

05/30/2017

49 Brief in Reply by Defendants City of Madison, David Schmiedicke, Paul Soglin in Support of 20
Motion for Summary Judgment. (Reginato, Matteo) (Entered: 05/30/2017)

05/30/2017

50 Response to Additional Proposed Findings of Fact filed by Defendants City of Madison, David
Schmiedicke, Paul Soglin re: 20 Motion for Summary Judgment. (Reginato, Matteo) (Entered:
05/30/2017)

05/30/2017

51 Brief in Reply by Plaintiff Gary Cleven in Support of 24 Motion for Partial Summary Judgment,
(Attachments:
# 1 Certificate of Service) (Goldman, Lisa) Modified on 5/31/2017. (lak) (Entered: 05/30/2017)

09/14/2017

52 ** TEXT ONLY ORDER **
The court is aware of the proceedings in Gersbach et al v. City of Madison in the Dane County
Circuit Court involving the City of Madison, Mr. Schmiedicke, and the plaintiff, and believes
that they may bear on the issues before this court. As such, on or before 5:00 p.m. on September
19, 2017, the City is ordered to submit all briefs on the motion for summary judgment filed in
that proceeding and the plaintiff is ordered to disclose any relevant representations or
submissions by him orally or in writing, formally or informally, to the circuit court. Signed by
District Judge William M. Conley on 9/14/2017. (voc) (Entered: 09/14/2017)

09/19/2017

53 Response re: 52 Text Only Order. Response to the Court's 9/14/17 Order for Production of
Documents, by Plaintiff Gary Cleven. (Attachments:
# 1 Exhibit 1 - Plaintiff's Objection to Defendant's Motion,
# 2 Exhibit 2 - Affidavit of Davey with Selected Exhibits,
# 3 Exhibit 3 - Affidavit of Gauthier with Exhibits,
# 4 Exhibit 4 - Affidavit of Cleven,
# 5 Exhibit 5 - Affidavit of Stutz-Cleven,
# 6 Exhibit 6 - Affidavit of Davey with Exhibits) (Goldman, Lisa) Modified on 9/19/2017:
Clarified exhibit descriptions, etc. (lak) (Entered: 09/19/2017)

09/19/2017

54 Response re: 52 Text Only Order, by Defendants City of Madison, David Schmiedicke, Paul
Soglin, (Attachments:
# 1 Exhibit 1 - Plaintiffs' Motion for Summary Judgment,
# 2 Exhibit 2 - Plaintiffs' Brief in Support of Motion for Summary Judgment,
# 3 Exhibit 3 - Response of City of Madison to Motion for Summary Judgment filed by Plaintiffs
and Cross Motion for Summary Judgment,
# 4 Exhibit 4 - City of Madison's Motion for Summary Judgment,
# 5 Exhibit 5 - Plaintiffs' Motion for Summary Judgment,
# 6 Exhibit 6 - Plaintiffs' Motion for Summary Judgment and Brief in Support,
# 7 Exhibit 7 - Affidavit of Gary Cleven,
# 8 Exhibit 8 - Affidavit of Janet Cleven,
# 9 Exhibit 9 - City's Response to Motion for Summary Judgment,
# 10 Exhibit 10 - Plaintiffs' Response Brief to Defendants Summary Judgment,

# 11 Exhibit 11 - City's Reply to Motion for Summary Judgment,
# 12 Exhibit 12 - Plaintiffs' Reply to Brief in Support of their Motion,
# 13 Exhibit 13 - Docket for Cleven v. City of Madison, Case No. 2015-CV-1520,
# 14 Exhibit 14 - Docket for Gersbach et al v. City of Madison, Case No. 2016-CV-1269)
(Reginato, Matteo) (Entered: 09/19/2017)
10/03/2017

55 Stipulation to Extend Deadline to File Pretrial Submissions by Defendants City of Madison,
David Schmiedicke, Paul Soglin, (Attachments:
# 1 Text of Proposed Order) (Reginato, Matteo) Modified on 10/4/2017. (lak) (Entered:
10/03/2017)

10/04/2017

56 ** TEXT ONLY ORDER **
ORDER granting 55 Stipulation to Extend Deadline to File Pretrial Submissions . Signed by
Magistrate Judge Stephen L. Crocker on 10/4/2017. (voc) (Entered: 10/04/2017)

10/12/2017

57 ** TEXT ONLY ORDER **
The court anticipates entering a summary judgment decision tomorrow that will require
exhaustion of state court proceedings before action, if any, by this court. Accordingly, all
deadlines are struck in this matter. Signed by District Judge William M. Conley on 10/12/2017.
(mfh) (Entered: 10/12/2017)

10/13/2017

58 OPINION AND ORDER granting in part 20 Motion for Summary Judgment as to plaintiff's
claims against the individual defendants and as to plaintiff's due process claims; denying 24
Motion for Partial Summary Judgment; dismissing remaining claim on ripeness grounds. Signed
by District Judge William M. Conley on 10/13/2017. (kwf) (Entered: 10/13/2017)

10/17/2017

59 JUDGMENT entered in favor of Defendants City of Madison, David Schmiedicke, Paul Soglin
dismissing the case. (voc) (Entered: 10/17/2017)

10/24/2017

60 Bill of Costs by Defendants City of Madison, David Schmiedicke, Paul Soglin. Motions referred
to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 11/3/2017. Brief in Support
to Bill of Costs due 11/13/2017. Brief in Reply in Opposition to Bill of Costs due 11/20/2017.
(Attachments:
# 1 Exhibit 1 - Bill of Costs Itemization and Invoices) (Bitar, Remzy) (Entered: 10/24/2017)

11/03/2017

61 Response Stating No Objection to Bill of Costs by Plaintiff Gary Cleven re: 60 Bill of Costs filed
by David Schmiedicke, City of Madison, Paul Soglin, (Attachments:
# 1 Certificate of Service) (Goldman, Lisa) Modified on 11/3/2017. (lak) (Entered: 11/03/2017)

11/10/2017

62 NOTICE OF APPEAL by Plaintiff Gary Cleven as to 58 Order on Motion for Summary
Judgment, Order on Motion for Partial Summary Judgment, 59 Judgment. Filing fee of $ 505,
receipt number 0758-2140320 paid. No Docketing Statement filed. (Attachments:
# 1 Certificate of Service) (Goldman, Lisa) Modified on 11/12/2017. (lak) (Entered: 11/10/2017)

11/13/2017

63 Appeal Information Packet. (lak) (Entered: 11/13/2017)