Duncan, Danelle v. Asset Recovery Specialists, Inc. et al

Filing 63

Transmission of Notice of Appeal, Docketing Statement, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 59 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Judgment, # 3 Docket Sheet) (lak)

APPEAL, BGW, CLOSED,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00530-wmc

Duncan, Danelle v. Asset Recovery Specialists, Inc. et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 15:1692 Fair Debt Collection Act

Date Filed: 07/28/2016
Date Terminated: 07/12/2017
Jury Demand: Plaintiff
Nature of Suit: 480 Consumer Credit
Jurisdiction: Federal Question

Plaintiff
Danelle Duncan

represented by Briane F. Pagel , Jr.
Lawton & Cates, S.C.
345 W. Washington Ave. Ste. 201
Madison, WI 53703
608.282.6200
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Asset Recovery Specialists, Inc.

represented by William Warren Ehrke
Crivello Carlson, S.C.
710 North Plankinton Avenue
Suite 500
Milwaukee, WI 53203
414-271-7722
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Greg Strandlie

represented by William Warren Ehrke
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Wells Fargo Bank, NA

represented by William Warren Ehrke
(See above for address)
ATTORNEY TO BE NOTICED
Nathan Samuel Fronk
von Briesen & Roper, S.C.
411 East Wisconsin Avenue
Suite 1000
Milwaukee, WI 53202

414-287-1497
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Cross Claimant
Wells Fargo Bank, NA

represented by Nathan Samuel Fronk
(See above for address)
ATTORNEY TO BE NOTICED

V.
Cross Defendant
Asset Recovery Specialists, Inc.

represented by Clayton L. Riddle
Peterson, Johnson & Murray, S.C.
788 North Jefferson Street
Suite 500
Milwaukee, WI 53202
414-278-8800
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Maria D. Sanders
Peterson, Johnson, & Murray
733 North Van Buren Street
6th FLoor
Milwaukee, WI 53202
414-278-8800x152
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
William Warren Ehrke
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed
07/28/2016

07/29/2016

#

Docket Text
1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-1854599.), filed
by Danelle Duncan. (Attachments:
# 1 Summons,
# 2 Summons,
# 3 Summons,
# 4 Civil Cover Sheet) (Pagel, Briane) (Additional attachment(s) added on 3/3/2017 re: Spelling
of party names:
# 5 New Case Party Information Sheet) (lak) (Entered: 07/28/2016)
Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L.
Crocker. (kwf) (Entered: 07/29/2016)

07/29/2016

Standard attachments for District Judge William M. Conley required to be served on all parties
with summons or waiver of service: NORTC, Corporate Disclosure Statement. (kwf) (Entered:
07/29/2016)

07/29/2016

2 Summons Issued as to Asset Recovery Specialists, Inc., (Attachments:
# 1 Summons Issued as to Greg Strandlie,
# 2 Summons Issued as to Wells Fargo Bank, NA) (kwf) (Entered: 07/29/2016)

08/24/2016

3 Affidavit of Service by Plaintiff. Wells Fargo Bank, NA served on 8/19/2016, answer due
9/9/2016. (Pagel, Briane) (Entered: 08/24/2016)

08/24/2016

4 Affidavit of Service by Plaintiff. Asset Recovery Specialists, Inc. served on 8/15/2016, answer
due 9/6/2016. (Pagel, Briane) (Entered: 08/24/2016)

08/24/2016

5 Affidavit of Service by Plaintiff. Greg Strandlie served on 8/15/2016, answer due 9/6/2016.
(Pagel, Briane) (Entered: 08/24/2016)

09/09/2016

6 ANSWER, CROSSCLAIM against Asset Recovery Specialists, Inc. by Defendant Wells Fargo
Bank, NA. (Fronk, Nathan) Modified on 9/11/2016. (lak) (Entered: 09/09/2016)

09/09/2016

7 Single party consent deleted. Modified on 9/11/2016. (lak) (Entered: 09/09/2016)

09/09/2016

8 Corporate Disclosure Statement by Defendant Wells Fargo Bank, NA. (Fronk, Nathan) (Entered:
09/09/2016)

09/15/2016

9 Motion for Entry of Default as to Asset Recovery Specialists, Inc., Greg Strandlie by Plaintiff
Danelle Duncan. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Declaration (See 10 .) (Pagel, Briane) Modified on 9/15/2016. (lak) (Entered: 09/15/2016)

09/15/2016

10 Declaration of Attorney Briane F. Pagel filed by Plaintiff Danelle Duncan re: 9 Motion for Entry
of Default. (Pagel, Briane) (Entered: 09/15/2016)

09/16/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 10/14/2016 at 1:00 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: 09/16/2016)

09/16/2016

11 Notice of Appearance filed by William Warren Ehrke for Defendants Asset Recovery Specialists,
Inc., Greg Strandlie. (Ehrke, William) (Entered: 09/16/2016)

09/16/2016

12 Corporate Disclosure Statement by Defendants Asset Recovery Specialists, Inc., Greg Strandlie.
(Ehrke, William) (Entered: 09/16/2016)

09/16/2016

13 Motion for Extension of Time to File Answer re: 1 Complaint by Defendants Asset Recovery
Specialists, Inc., Greg Strandlie. Motions referred to Magistrate Judge Stephen L. Crocker.
Response due 9/23/2016. (Ehrke, William) (Entered: 09/16/2016)

09/16/2016

14 Brief in Support of 13 Motion for Extension of Time to File Answer and Combined Brief in
Opposition re: 9 Motion for Entry of Default by Defendants Asset Recovery Specialists, Inc.,
Greg Strandlie. (Ehrke, William) Modified on 9/18/2016: This is a multi-part document. (lak)
(Entered: 09/16/2016)

09/16/2016

15 Affidavit of Greg Standlie filed by Defendants Asset Recovery Specialists, Inc., Greg Strandlie
re: 13 Motion for Extension of Time to File Answer, (Attachments:
# 1 Exhibit - Email) (Ehrke, William) (Entered: 09/16/2016)

09/16/2016

16 Affidavit of Mike Peplinski filed by Defendants Asset Recovery Specialists, Inc., Greg Strandlie
re: 13 Motion for Extension of Time to File Answer, (Attachments:
# 1 Exhibit - Email) (Ehrke, William) (Entered: 09/16/2016)

09/16/2016

17 Affidavit of Nikki Bardell filed by Defendants Asset Recovery Specialists, Inc., Greg Strandlie
re: 13 Motion for Extension of Time to File Answer. (Ehrke, William) (Entered: 09/16/2016)

09/16/2016

18 Affidavit of William W. Ehrke filed by Defendants Asset Recovery Specialists, Inc., Greg
Strandlie re: 13 Motion for Extension of Time to File Answer, (Attachments:
# 1 Exhibit A - Answer and Affirmative Defenses of Defendants Asset Recovery Specialists, Inc.
and Greg Strandlie) (Ehrke, William) Modified on 9/18/2016. (lak) (Entered: 09/16/2016)

09/23/2016

19 Brief in Opposition by Plaintiff Danelle Duncan re: 13 Motion for Extension of Time to File
Answer filed by Asset Recovery Specialists, Inc., Greg Strandlie (Attachments:
# 1 Declaration of T. Chantes in Support of Brief in Opposition,
# 2 Exhibit A in Support of T. Chantes Declaration,
# 3 Summary of Exhibit A) (Pagel, Briane) Modified on 9/29/2016: Declaration not filed as a
separate docket entry and exhibits are not described. (lak) (Entered: 09/23/2016)

09/26/2016

20 Notice by Defendants Asset Recovery Specialists, Inc., Greg Strandlie to be Included in
Telephone Pretrial Scheduling Conference to be held on October 14, 2016. (Ehrke, William)
(Entered: 09/26/2016)

09/29/2016

21 Motion for Leave to File Reply to Plaintiff's Response to Defendants' Motion to Enlarge Time to
Answer and Defendants' Motion to Strike the "Declaration" of Taylor Chantes by Defendants
Asset Recovery Specialists, Inc., Greg Strandlie. (Ehrke, William) (Entered: 09/29/2016)

09/29/2016

22 Affidavit of William W. Ehrke filed by Defendants Asset Recovery Specialists, Inc., Greg
Strandlie re: 21 Motion for Leave to File. (Ehrke, William) (Entered: 09/29/2016)

10/11/2016

23 Joint Report of Rule 26(f) Planning Meeting. (Ehrke, William) (Entered: 10/11/2016)

10/14/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 10/14/2016 [:10] (cak) (Entered: 10/14/2016)

10/19/2016

24 Pretrial Conference Order - Amendments to Pleadings due 12/16/2016. Dispositive Motions due
3/3/2017. Settlement Letters due 6/30/2017. Motions in Limine due 7/10/2017, Responses due
7/24/2017. Final Pretrial Conference set for 8/1/2017 at 4:00 PM. Jury Selection and Trial set for
8/7/2017 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 10/18/2016. (kwf)
(Entered: 10/19/2016)

11/04/2016

25 ORDER denying 9 Motion for Entry of Default; granting 13 Motion for Extension of Time to
Answer; denying as moot 21 Motion for Leave to File. Defendants Asset Recovery Specialists,
Inc., and Greg Standlie's answer and affirmative defenses, attached as Exhibit A to the Affidavit
of William W. Ehrke (dkt. # 18 -1) is ACCEPTED and deemed served as of today. Signed by
District Judge William M. Conley on 11/4/2016. (kwf) (Entered: 11/04/2016)

11/11/2016

26 Notice of Appearance in Defense of Plaintiff's Claims and Complaints filed by William Warren
Ehrke for Defendant Wells Fargo Bank, NA. (Ehrke, William) (Entered: 11/11/2016)

11/11/2016

27 Notice of Appearance filed by Maria D. Sanders for Cross Defendant Asset Recovery
Specialists, Inc. (Sanders, Maria) (Entered: 11/11/2016)

11/11/2016

28 ANSWER to Crossclaim by Cross Defendant Asset Recovery Specialists, Inc. (Sanders, Maria)
(Entered: 11/11/2016)

11/15/2016

29 Notice of Appearance filed by Clayton L. Riddle for Cross Defendant Asset Recovery
Specialists, Inc. (Riddle, Clayton) (Entered: 11/15/2016)

02/22/2017

30 Joint Motion for Extension of Time to File Dispositive Motions as to Wells Fargo Bank N.A.'s
Cross-Claims by Defendants Asset Recovery Specialists, Inc., Wells Fargo Bank, NA. Motions
referred to Magistrate Judge Stephen L. Crocker. (Fronk, Nathan) Modified on 2/23/2017. (lak)

(Entered: 02/22/2017)
02/23/2017

31 ** TEXT ONLY ORDER **
With the dispositive motion deadline of March 3, 2017, fast approaching, defendants Wells Fargo
Bank N.A. and Asset Recovery, Inc. filed a joint stipulation to extend the deadline to file
dispositive motions as to Wells Fargo's cross-claims against Assert Recovery. (Dkt. # 30 .) As
defendants' explain, were the court to grant summary judgment to defendants on plaintiff's
claims, Wells Fargo's cross-claims would be moot. While the court is sympathetic to defendants'
position, Wells Fargo opted to file cross-claims in this lawsuit, rather than file a separate lawsuit
to address the defendants' respective liability. As such, those cross-claims are subject to the
scheduling order. If the court were to adopt defendants' proposal of delaying summary judgment
on Wells Fargo's cross-claims until 30 days after the court decides any motions for summary
judgment on plaintiff's claims, there would not be sufficient time for the court to address a
second round of summary judgment briefing before the trial date. Accordingly, defendants' joint
stipulation is REJECTED. Signed by District Judge William M. Conley on 2/23/2017. (kwf)
(Entered: 02/23/2017)

03/03/2017

32 Deposition of Danelle Duncan taken on February 13, 2017. (Ehrke, William) (Entered:
03/03/2017)

03/03/2017

33 MOTION FOR SUMMARY JUDGMENT by Defendants Asset Recovery Specialists, Inc.,
Greg Strandlie, Wells Fargo Bank, NA. Brief in Opposition due 3/24/2017. Brief in Reply due
4/3/2017. (Ehrke, William) (Entered: 03/03/2017)

03/03/2017

34 Proposed Findings of Fact filed by Defendants Asset Recovery Specialists, Inc., Greg Strandlie,
Wells Fargo Bank, NA re: 33 Motion for Summary Judgment. (Ehrke, William) (Entered:
03/03/2017)

03/03/2017

35 Affidavit of Greg Strandlie (Standlie) filed by Defendants Asset Recovery Specialists, Inc., Greg
Strandlie, Wells Fargo Bank, NA re: 33 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Order to Repossess,
# 2 Exhibit B - Receipt for Redeeming Personal Property) (Ehrke, William) Modified on
3/3/2017. (lak) (Entered: 03/03/2017)

03/03/2017

36 Affidavit of Christopher Raabe filed by Defendants Asset Recovery Specialists, Inc., Greg
Strandlie, Wells Fargo Bank, NA re: 33 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Motor Vehicle Purchase Contract and Retail Installment Sale Contract,
# 2 Exhibit B - Notice of Right to Cure,
# 3 Exhibit C - Second Notice of Right to Cure,
# 4 Exhibit D - Third Notice of Right to Cure,
# 5 Exhibit E - Notice of Our Plan to Sell Property and Notice of Intention to Dispose of Motor
Vehicle,
# 6 Exhibit F - Wells Fargo Dealer Services Letter to Danelle Duncan dated April 1, 2016)
(Ehrke, William) Modified on 3/3/2017. (lak) (Entered: 03/03/2017)

03/03/2017

37 Brief in Support of 33 Motion for Summary Judgment by Defendants Asset Recovery
Specialists, Inc., Greg Strandlie, Wells Fargo Bank, NA. (Ehrke, William) (Entered: 03/03/2017)

03/07/2017

38 Deposition of Danelle Duncan taken on February 13, 2017. Redacted Version. (Ehrke, William)
Modified on 3/7/2017: Deposition at 32 was not filed under seal. (lak) (Entered: 03/07/2017)

03/24/2017

39 Response to Proposed Findings of Fact and Conclusions of Law by Plaintiff Danelle Duncan re:
33 Motion for Summary Judgment filed by Wells Fargo Bank, NA, Asset Recovery Specialists,
Inc., Greg Strandlie. (Pagel, Briane) (Entered: 03/24/2017)

03/24/2017

40 Proposed Findings of Fact and Conclusions of Law by Plaintiff Danelle Duncan re: 33 Motion
for Summary Judgment filed by Wells Fargo Bank, NA, Asset Recovery Specialists, Inc., Greg
Strandlie. (Pagel, Briane) Modified on 3/27/2017: Page 13 is blank. (lak) (Entered: 03/24/2017)

03/24/2017

41 Brief in Opposition by Plaintiff Danelle Duncan re: 33 Motion for Summary Judgment filed by
Wells Fargo Bank, NA, Asset Recovery Specialists, Inc., Greg Strandlie. (Pagel, Briane)
(Entered: 03/24/2017)

03/24/2017

42 Declaration of Briane F. Pagel filed by Plaintiff Danelle Duncan re: 33 Motion for Summary
Judgment, (Attachments:
# 1 Exhibit A - Deposition Transcript of D. Duncan (See 44 for complete deposition (with cover
page) in condensed format.),
# 2 Exhibit B - Deposition Transcript of G. Strandlie (See 46 for complete deposition (with cover
page).),
# 3 Exhibit C - Deposition Transcript of C. Raabe (See 45 for complete deposition (with cover
page).),
# 4 Exhibit D - Misc. Documents from G. Stradlie (Second page is upside down.),
# 5 Exhibit E - Misc. Documents from Wells Fargo) (Pagel, Briane) Modified on 3/24/2017. (lak)
(Entered: 03/24/2017)

03/24/2017

43 Affidavit of Plaintiff Danelle Duncan filed by Plaintiff Danelle Duncan re: 33 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit A - Photo of "Private Property Sign") (Pagel, Briane) Modified on 3/24/2017.
(Entered: 03/24/2017)

03/24/2017

44 Deposition of Danelle Duncan taken on February 13, 2017, (Attachments:
# 1 Exhibit 6 - Notice of Sale,
# 2 Exhibit 8 - Photo of Garage Door,
# 3 Exhibit 10 - Lease Addendum,
# 4 Exhibit 15 - Photo of Scratches on Garage Floor,
# 5 Exhibit 20 - New Car Contract) (Pagel, Briane) Modified on 3/27/2017: Removed duplicate
text. (lak) (Entered: 03/24/2017)

03/24/2017

45 Deposition of Christopher Raabe taken on March 7 2017, (Attachments:
# 1 Exhibit 2 - Wells Fargo Telephone Logs) (Pagel, Briane) Modified on 3/27/2017. (lak)
(Entered: 03/24/2017)

03/24/2017

46 Deposition of Gregory L. Strandlie taken March 8, 2017, (Attachments:
# 1 Exhibit 5 - Property Receipt) (Pagel, Briane) Modified on 3/26/2017. (lak) (Entered:
03/24/2017)

04/03/2017

47 Supplemental Affidavit of William W. Ehrke filed by Defendants Asset Recovery Specialists,
Inc., Greg Strandlie, Wells Fargo Bank, NA re: 33 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit B - WF00036-00039 Produced on 3/23/17 in Discovery in this Matter in Response to
Plaintiff's Request for Production of Documents,
# 2 Exhibit C - Madison Police Report,
# 3 Exhibit D - Plaintiff's Deposition Exhibit 8) (Ehrke, William) Modified on 4/4/2017. (lak)
(Entered: 04/03/2017)

04/03/2017

48 Response to Proposed Findings of Fact filed by Defendants Asset Recovery Specialists, Inc.,
Greg Strandlie, Wells Fargo Bank, NA re: 33 Motion for Summary Judgment. (Ehrke, William)
(Entered: 04/03/2017)

04/03/2017

49 Supplemental Proposed Findings of Fact filed by Defendants Asset Recovery Specialists, Inc.,
Greg Strandlie, Wells Fargo Bank, NA re: 33 Motion for Summary Judgment. (Ehrke, William)

(Entered: 04/03/2017)
04/03/2017

50 Supplemental Affidavit of Greg Strandlie filed by Defendants Asset Recovery Specialists, Inc.,
Greg Strandlie, Wells Fargo Bank, NA re: 33 Motion for Summary Judgment. (Ehrke, William)
(Entered: 04/03/2017)

04/03/2017

51 Disregard. See 52 . Modified on 4/4/2017. (lak) (Entered: 04/03/2017)

04/04/2017

52 Brief in Reply by Defendants Asset Recovery Specialists, Inc., Greg Strandlie, Wells Fargo
Bank, NA in Support of 33 Motion for Summary Judgment. (Ehrke, William) (Entered:
04/04/2017)

07/05/2017

53 ORDER granting in part and denying in part 33 Motion for Summary Judgment by Defendants
Asset Recovery Specialists, Inc., Greg Strandlie, Wells Fargo Bank, NA. Signed by District
Judge William M. Conley on 7/5/2017. (arw) (Entered: 07/05/2017)

07/12/2017

54 JUDGMENT entered in favor of Defendants Asset Recovery Specialists, Inc., Greg Strandlie,
Wells Fargo Bank, NA dismissing the case. (WMC /PAO) (kwf) (Entered: 07/12/2017)

07/13/2017

55 Bill of Costs by Defendants Asset Recovery Specialists, Inc., Greg Strandlie, Wells Fargo Bank,
NA. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due
7/24/2017. Brief in Support to Bill of Costs due 8/2/2017. Brief in Reply in Opposition to Bill of
Costs due 8/7/2017. (Ehrke, William) (Entered: 07/13/2017)

07/13/2017

56 Affidavit of William W. Ehrke filed by Defendants Asset Recovery Specialists, Inc., Greg
Strandlie, Wells Fargo Bank, NA re: 55 Bill of Costs, (Attachments:
# 1 Exhibit A - Gramann Reporting Invoice 244291,
# 2 Exhibit B - Gramann Reporting Invoice 244792,
# 3 Exhibit C - Gramann Reporting Invoice 244788,
# 4 Exhibit D - Gramann Reporting Invoice 247447) (Ehrke, William) (Entered: 07/13/2017)

08/01/2017

57 Brief in Support of Bill of Costs by Defendants Asset Recovery Specialists, Inc., Greg Strandlie,
Wells Fargo Bank, NA re: 55 Bill of Costs filed by Wells Fargo Bank, NA, Asset Recovery
Specialists, Inc., Greg Strandlie. (Ehrke, William) (Entered: 08/01/2017)

08/01/2017

58 ORDER on Bill of Costs: Costs Taxed in favor of Defendants in the amount of $2,322.20. Signed
by Peter A. Oppeneer, Clerk of Court by J. Titak, Deputy Clerk on 8/1/17. (jat) (Entered:
08/01/2017)

08/07/2017

59 NOTICE OF APPEAL by Plaintiff Danelle Duncan as to 54 Judgment. Filing fee of $ 505,
receipt number 0758-2080514 paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Pagel, Briane) Modified on 8/8/2017: Removed duplicate text. E-mail
to counsel. (lak) (Entered: 08/07/2017)

08/07/2017

60 Motion to Alter or Amend Judgment by Plaintiff Danelle Duncan. (Pagel, Briane) (Entered:
08/07/2017)

08/07/2017

61 Brief in Support re: 60 Motion to Alter or Amend Judgment by Plaintiff Danelle Duncan. (Pagel,
Briane) Modified on 8/8/2017: Corrected docketing event; termed motion. E-mail to counsel.
Disregard future errors. Counsel to refile. (lak) (Entered: 08/07/2017)

08/08/2017

62 Appeal Information Packet. (lak) (Entered: 08/08/2017)