Fischer, Mark v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union

Filing 24

Transmission of Notice of Appeal, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 22 Notice of Appeal, (Attachments: # 1 Order, # 2 Judgment, # 3 Docket Sheet) (lak)

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APPEAL, BGW, CLOSED, U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:17-cv-00174-wmc Fischer, Mark v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Assigned to: District Judge William M. Conley Referred to: Magistrate Judge Stephen L. Crocker Cause: 28:1441 Petition for Removal- Labor/Mgmnt. Relatio Date Filed: 03/08/2017 Date Terminated: 10/18/2017 Jury Demand: None Nature of Suit: 720 Labor: Labor/Mgt. Relations Jurisdiction: Federal Question Plaintiff Mark L. Fischer represented by Brian G. Formella Anderson, O'Brien, Bertz, Skrenes & Golla 1257 Main Street P.O. Box 228 Stevens Point, WI 54481 715-344-0890 Fax: 715-344-1012 Email: bgf@andlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union represented by Erin Frances Medeiros The Previant Law Firm, S.C. 1555 N. RiverCenter Drive Suite 202 Milwaukee, WI 53212 414-271-4500 Fax: 414-271-6308 Email: efm@previant.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jill M. Hartley The Previant Law Firm, S.C. 310 W. Wisconsin Avenue, Ste. 100MW Milwaukee, WI 53203 414-271-4500x428 Fax: 414-271-6308 Email: jh@previant.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Amanda M. Fisher United Steelworkers 60 Boulevard of the Allies Suite 807 Pittsburgh, PA 15222 412-562-2567 Fax: 412-562-2429 Email: afisher@usw.org ATTORNEY TO BE NOTICED Date Filed # Docket Text 03/08/2017 1 NOTICE OF REMOVAL from Circuit Court of Wood County, case number 2017CV000049. ( Filing fee $ 400 receipt number 0758-1984918), filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, (Attachments: # 1 Exhibit A - State Court Summons and Complaint, # 2 Exhibit B - Notice of Filing Notice of Removal) (Hartley, Jill) Modified on 3/8/2017: Added exhibit descriptions. E-mail to counsel. Disregard future entries without exhibit descriptions. (lak) (Entered: 03/08/2017) 03/08/2017 Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (jls) (Entered: 03/08/2017) 03/08/2017 Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (jls) (Entered: 03/08/2017) 03/08/2017 2 Corporate Disclosure Statement by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Hartley, Jill) (Entered: 03/08/2017) 03/10/2017 3 Motion to Admit Amanda M. Fisher Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-1986993.) by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. Motions referred to Magistrate Judge Stephen L. Crocker. (Fisher, Amanda) (Entered: 03/10/2017) 03/10/2017 4 ** TEXT ONLY ORDER ** ORDER granting 3 Motion to Admit Amanda M. Fisher Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 3/10/2017. (lak) (Entered: 03/10/2017) 03/15/2017 5 MOTION TO DISMISS by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. Brief in Opposition due 4/5/2017. Brief in Reply due 4/17/2017. (Attachments: # 1 Text of Proposed Order) (Hartley, Jill) Modified on 3/16/2017. (lak) (Entered: 03/15/2017) 03/15/2017 6 Brief in Support of 5 Motion to Dismiss, by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Hartley, Jill) (Entered: 03/15/2017) 03/15/2017 7 Declaration of Sally Feistel filed by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union re: 5 Motion to Dismiss, (Attachments: # 1 Exhibit A, Part I - Joint Labor Agreement, # 2 Exhibit A, Part II - Joint Labor Agreement, # 3 Exhibit A, Part III - Joint Labor Agreement, # 4 Exhibit A, Part IV - Joint Labor Agreement, # 5 Exhibit B, Part I - Master Labor Agreement, # 6 Exhibit B, Part II - Master Labor Agreement, # 7 Exhibit C - February 12, 2016 Letter) (Hartley, Jill) (Entered: 03/15/2017) 03/16/2017 Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 4/18/2017 at 01:30 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] (jls) (Entered: 03/16/2017) 03/17/2017 8 Record from Wood County Circuit Court. (Attachments: # 1 Summons and Complaint, # 2 Affidavit of Process Server) (jls) (Entered: 03/17/2017) 04/07/2017 9 MOTION TO REMAND to Wood County, Wisconsin Circuit Court by Plaintiff Mark L. Fischer. Brief in Opposition due 4/28/2017. Brief in Reply due 5/8/2017. (Formella, Brian) (Entered: 04/07/2017) 04/12/2017 10 Joint Preliminary Pretrial Conference Report by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Fisher, Amanda) (Entered: 04/12/2017) 04/14/2017 11 Disregard. See 12 . Modified on 4/17/2017. (lak) (Entered: 04/14/2017) 04/17/2017 12 Brief in Opposition by Plaintiff Mark L. Fischer re: 5 Motion to Dismiss, filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (Memorandum in Support of Denial), (Attachments: # 1 Exhibit A - Johnson v. Wisconsin Employment Relations Commission - Decision) (Formella, Brian) Modified on 4/17/2017. (lak) (Entered: 04/17/2017) 04/18/2017 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 4/18/2017 [:15] (cak) (Entered: 04/18/2017) 04/18/2017 13 ** TEXT ONLY ORDER ** Defendant's deadline to reply in support of its motion to dismiss (dkt. 5 ) is extended to April 28, 2017. Signed by Magistrate Judge Stephen L. Crocker on 4/18/2017. (jls) (Entered: 04/18/2017) 04/24/2017 14 Pretrial Conference Order - Dispositive Motions due 10/20/2017. Settlement Letters due 2/9/2018. Motions in Limine due 2/16/2018. Response to Motion due 3/2/2018. Final Pretrial Conference set for 3/13/2018 at 04:00 PM. Jury Selection and Trial set for 3/19/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 4/24/2017. (jls) (Entered: 04/24/2017) 04/28/2017 15 Brief in Opposition by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union re: 9 Motion to Remand filed by Mark L. Fischer. (Fisher, Amanda) (Entered: 04/28/2017) 04/28/2017 16 Brief in Reply by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union in Support of 5 Motion to Dismiss. (Fisher, Amanda) (Entered: 04/28/2017) 05/08/2017 17 Brief in Reply by Plaintiff Mark L. Fischer in Support of 9 Motion to Remand. (Formella, Brian) Modified on 5/9/2017. (lak) (Entered: 05/08/2017) 10/13/2017 18 Joint Motion to Continue Dispositive Motions and Trial Schedule by Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. (Hartley, Jill) Modified on 10/15/2017: Not signed by counsel for plaintiff. (lak) (Entered: 10/13/2017) 10/18/2017 19 ** TEXT ONLY ORDER ** The joint motion to continue dispositive motions and trial schedule is granted in part and stayed in part. The dispositive motion deadline is stricken and will be reset if necessary after the court rules on the pending motions to dismiss (dkt. 5 ) and to remand (dkt. 9 ). For now, the March 19, 2018 trial date remains in place, although that could move depending on what happens when. Signed by Magistrate Judge Stephen L. Crocker on 10/18/2017. (jls) (Entered: 10/18/2017) 10/18/2017 20 ORDER dismissing plaintiff's 9 Motion to Remand; granting defendant's 5 Motion to Dismiss; and directing the clerk to enter judgment. Signed by District Judge William M. Conley on 10/18/2017. (jls) (Entered: 10/18/2017) 10/18/2017 21 JUDGMENT entered in favor of Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union dismissing the case. (jls) (Entered: 10/18/2017) 11/17/2017 22 NOTICE OF APPEAL by Plaintiff Mark L. Fischer as to 20 Order on Motion to Dismiss, Order on Motion to Remand. Filing fee of $ 505, receipt number 0758-2144708 paid. No Docketing Statement filed. (Formella, Brian) (Entered: 11/17/2017) 11/17/2017 23 Appeal Information Packet. (lak) (Entered: 11/17/2017)

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