Minerva Dairy, Inc. et al v. Brancel, Ben et al

Filing 57

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 55 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Judgment, # 4 Docket Sheet) (lak)

APPEAL, CEW, CLOSED,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:17-cv-00299-jdp

Minerva Dairy, Inc. et al v. Brancel, Ben et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:1983 Civil Rights Act

Date Filed: 04/20/2017
Date Terminated: 02/05/2018
Jury Demand: None
Nature of Suit: 950 Constitutional - State Statute
Jurisdiction: Federal Question

Plaintiff
Minerva Dairy, Inc.

represented by Anastasia Paulinna Boden
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
916-419-7111
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joshua Paul Thompson
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
916-419-7111
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Wencong Fa
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
916-419-7111
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Adam Mueller

represented by Anastasia Paulinna Boden
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joshua Paul Thompson

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Wencong Fa
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Ben Brancel
In his official capacity as the Secretary of the
Wisconsin Department of Agriculture, Trade and
Consumer Protection

represented by Katherine D. Spitz
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707-7857
608-266-1001
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gesina S. Carson
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707-7857
608-266-1672
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Rachel Lee Bachhuber
Wisconsin Department of Justice
17 W. Main Street
PO Box 7857
Madison, WI 53707-7857
608-266-0188
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Brad Schimel
In his official capacity as the Attorney General
for the state of Wisconsin

represented by Katherine D. Spitz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gesina S. Carson
(See above for address)

ATTORNEY TO BE NOTICED
Rachel Lee Bachhuber
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Peter J. Haase
In his official capacity as the Bureau Director of
the Division of Food and Recreational Safety
within the Wisconsin Department of Agriculture,
Trade and Consumer Protection

represented by Katherine D. Spitz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gesina S. Carson
(See above for address)
ATTORNEY TO BE NOTICED
Rachel Lee Bachhuber
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed
04/20/2017

#

Docket Text
1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-2011151.), filed by
All Plaintiffs, (Attachments:
# 1 Exhibit 1 - Wisconsin Butter Grades; Classification and Disrating Tables,
# 2 Exhibit 2 - Characteristics and Disratings In Body, Color and Salt
# 3 Exhibit 3 - Relation of Final Wisconsin Butter Grade to Preliminary Flavor Classification as
Affected by Total Disrating,
# 4 Exhibit 4 - Examples of the Relation of Wisconsin Butter Grades to Flavor Classification,
# 5 Exhibit 5 - E-mail dated 2/7/2017,
# 6 Exhibit 6 - Warning Letter dated 2/28/2017,
# 7 JS-44 Civil Cover Sheet,
# 8 Summons - Brancel,
# 9 Summons - Haase,
# 10 Summons - Schimel) (Thompson, Joshua) Modified on 4/20/2017: Added exhibit descriptions.
Removed duplicate text. E-mail to counsel. (lak) (Entered: 04/20/2017)

04/21/2017

Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L.
Crocker. (kwf) (Entered: 04/21/2017)

04/21/2017

Standard attachments for District Judge James D. Peterson required to be served on all parties with
summons or waiver of service: NORTC, Corporate Disclosure Statement. (kwf) (Entered:
04/21/2017)

04/21/2017

2 Summons Issued as to Ben Brancel. (Attachments:
# 1 Summons Issued as to Brad Schimel,
# 2 Summons Issued as to Peter J. Haase) (kwf) (Entered: 04/21/2017)

05/04/2017

3 Affidavit of Service by Plaintiff. Ben Brancel served on 4/24/2017, answer due 5/15/2017.
(Thompson, Joshua) (Entered: 05/04/2017)

05/04/2017

4 Affidavit of Service by Plaintiff. Brad Schimel served on 4/24/2017, answer due 5/15/2017.
(Thompson, Joshua) (Entered: 05/04/2017)

05/04/2017

5 Affidavit of Service by Plaintiff. Peter J. Haase served on 4/24/2017, answer due 5/15/2017.
(Thompson, Joshua) (Entered: 05/04/2017)

05/09/2017

6 Notice of Appearance filed by Katherine D. Spitz for Defendants Ben Brancel, Peter J. Haase, Brad
Schimel. (Spitz, Katherine) (Entered: 05/09/2017)

05/15/2017

7 ANSWER by Defendants Ben Brancel, Peter J. Haase, Brad Schimel. (Spitz, Katherine) (Entered:
05/15/2017)

05/16/2017

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 6/13/2017 at 2:00 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: 05/16/2017)

06/01/2017

8 Joint Report of Rule 26(f) Planning Meeting by Defendants Ben Brancel, Peter J. Haase, Brad
Schimel. (Spitz, Katherine) (Entered: 06/01/2017)

06/07/2017

9 MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs Minerva Dairy, Inc., Adam
Mueller, (Attachments:
# 1 See 10 .,
# 2 See 11 .,
# 3 See 12 .,
# 4 See 13 .,
# 5 See 13 .,
# 6 See 13 .) (Thompson, Joshua) Modified on 6/7/2017. (lak) (Entered: 06/07/2017)

06/07/2017

10 Brief in Support of 9 Motion for Preliminary Injunction by Plaintiffs Minerva Dairy, Inc., Adam
Mueller. (Thompson, Joshua) (Entered: 06/07/2017)

06/07/2017

11 Proposed Findings of Fact filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 9 Motion for
Preliminary Injunction. (Thompson, Joshua) (Entered: 06/07/2017)

06/07/2017

12 Declaration of Anastasia Boden filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 9 Motion
for Preliminary Injunction. (Thompson, Joshua) (Entered: 06/07/2017)

06/07/2017

13 Declaration of Adam Mueller filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 9 Motion for
Preliminary Injunction, (Attachments:
# 1 Exhibit 1 - Email dated February 7, 2017 from Defendant Peter Haase to Plaintiff Adam Mueller
re: Cease and Desist Sale of Ungraded Butter in Wisconsin,
# 2 Exhibit 2 - Letter dated February 28, 2017 from Wisconsin Department of Agriculture, Trade,
and Consumer Protection to Plaintiff Adam Mueller re: Sale of Ungraded Butter in Wisconsin is
Illegal) (Thompson, Joshua) (Entered: 06/07/2017)

06/08/2017

Set Deadlines as to 9 MOTION FOR PRELIMINARY INJUNCTION. Procedure to be followed on
Motions for Injunctive Relief attached. Brief in Opposition due 6/28/2017. No Reply. (kwf/cew)
(Entered: 06/08/2017)

06/13/2017

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 6/13/2017 [:25] (skv) (Entered: 06/13/2017)

06/14/2017

14 Notice of Appearance of Additional Counsel filed by Gesina S. Carson for Defendants Ben Brancel,
Peter J. Haase, Brad Schimel. (Carson, Gesina) (Entered: 06/14/2017)

06/15/2017

15 Pretrial Conference Order - Dispositive Motions due 12/1/2017. Final Pretrial Submissions due
4/25/2018. Final Pretrial Conference set for 5/16/2018 at 4:00 PM. Court Trial set for 5/23/2018 at
9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 6/15/2017. (kwf) (Entered:
06/15/2017)

06/28/2017

16 Brief in Opposition by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re: 9 Motion for
Preliminary Injunction, filed by Minerva Dairy, Inc., Adam Mueller. (Spitz, Katherine) (Entered:
06/28/2017)

06/28/2017

17 Response to Proposed Findings of Fact filed by Defendants Ben Brancel, Peter J. Haase, Brad
Schimel re: 9 Motion for Preliminary Injunction. (Spitz, Katherine) (Entered: 06/28/2017)

06/28/2017

18 Proposed Findings of Fact filed by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re: 9
Motion for Preliminary Injunction. (Spitz, Katherine) (Entered: 06/28/2017)

06/28/2017

19 Declaration of Peter Haase filed by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re: 9
Motion for Preliminary Injunction, (Attachments:
# 1 Exhibit 101- Correspondence) (Spitz, Katherine) Modified on 6/29/2017: Corrected exhibit
number. (lak) (Entered: 06/28/2017)

06/28/2017

20 Declaration of Michael Pederson filed by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re:
9 Motion for Preliminary Injunction, (Attachments:
# 1 Exhibit 100- Application and Exam Materials) (Spitz, Katherine) (Entered: 06/28/2017)

07/10/2017

21 ORDER setting briefing on 9 Motion for Preliminary Injunction by Plaintiffs Minerva Dairy, Inc.
and Adam Mueller. Brief in Reply due 7/24/2017. Signed by District Judge James D. Peterson on
7/10/2017. (arw) (Entered: 07/10/2017)

07/24/2017

22 Declaration of Anastasia P. Boden filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 9
Motion for Preliminary Injunction. (Thompson, Joshua) (Entered: 07/24/2017)

07/24/2017

23 Brief in Reply by Plaintiffs Minerva Dairy, Inc., Adam Mueller in Support of 9 Motion for
Preliminary Injunction. (Thompson, Joshua) (Entered: 07/24/2017)

08/18/2017

24 OPINION & ORDER denying 9 Motion for Preliminary Injunction. Signed by District Judge James
D. Peterson on 8/18/2017. (kwf) (Entered: 08/18/2017)

12/01/2017

25 MOTION FOR SUMMARY JUDGMENT by Defendants Ben Brancel, Peter J. Haase, Brad
Schimel. Brief in Opposition due 12/22/2017. Brief in Reply due 1/2/2018. (Bachhuber, Rachel)
(Entered: 12/01/2017)

12/01/2017

26 Brief in Support of 25 Motion for Summary Judgment by Defendants Ben Brancel, Peter J. Haase,
Brad Schimel. (Bachhuber, Rachel) (Entered: 12/01/2017)

12/01/2017

27 Proposed Findings of Fact filed by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re: 25
Motion for Summary Judgment. (Bachhuber, Rachel) (Entered: 12/01/2017)

12/01/2017

28 Declaration of Steven Ingham filed by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re: 25
Motion for Summary Judgment, (Attachments:
# 1 Exhibit 102 - Bill Draft and Newspaper Clippings) (Bachhuber, Rachel) Modified on 12/4/2017:
Several pages of the exhibit are unreadable. (lak) (Entered: 12/01/2017)

12/01/2017

29 Supplemental Declaration of Peter Haase filed by Defendants Ben Brancel, Peter J. Haase, Brad
Schimel re: 25 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 103 - Warning Letters) (Bachhuber, Rachel) Modified on 12/4/2017. (lak) (Entered:
12/01/2017)

12/01/2017

30 Declaration of Gesina S. Carson filed by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re:
25 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 104 - Plaintiff's Response to Interrogatories,
# 2 Exhibit 105 - Plaintiff's Response to Request for Admissions,
# 3 Exhibit 106 - Plaintiff's Response to Request to Produce Documents) (Bachhuber, Rachel)
(Entered: 12/01/2017)

12/01/2017

31 Supplemental Declaration of Michael Pederson filed by Defendants Ben Brancel, Peter J. Haase,
Brad Schimel re: 25 Motion for Summary Judgment. (Bachhuber, Rachel) Modified on 12/4/2017.
(lak) (Entered: 12/01/2017)

12/01/2017

32 Declaration of Kevin Potter filed by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re: 25
Motion for Summary Judgment. (Bachhuber, Rachel) (Entered: 12/01/2017)

12/01/2017

33 MOTION FOR SUMMARY JUDGMENT by Plaintiffs Minerva Dairy, Inc., Adam Mueller.
Brief in Opposition due 12/22/2017. Brief in Reply due 1/2/2018. (Thompson, Joshua) (Entered:
12/01/2017)

12/01/2017

34 Proposed Findings of Fact filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 33 Motion for
Summary Judgment. (Thompson, Joshua) (Entered: 12/01/2017)

12/01/2017

35 Brief in Support of 33 Motion for Summary Judgment by Plaintiffs Minerva Dairy, Inc., Adam
Mueller. (Thompson, Joshua) (Entered: 12/01/2017)

12/01/2017

36 Declaration of Adam Mueller filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 33 Motion
for Summary Judgment, (Attachments:
# 1 Exhibit 1 - Email dated February 7, 2017 from Defendant Peter Haase to Plaintiff Adam Mueller
re: Cease and Desist Sale of Ungraded Butter in Wisconsin,
# 2 Exhibit 2 - Letter Dated February 28, 2017 from Wisconsin Department of Agriculture, Trade,
and Consumer Protection to Plaintiff Adam Mueller re: Sale of Ungraded Butter in Wisconsin is
Illegal) (Thompson, Joshua) Modified on 12/4/2017: Captioned as Declaration in Support of Motion
for Preliminary Injunction. Related to Motion for Summary Judgment. (lak) (Entered: 12/01/2017)

12/01/2017

37 Declaration of Anastasia P. Boden filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 33
Motion for Summary Judgment. (Thompson, Joshua) Modified on 12/4/2017: Duplicate of 12 ,
Declaration in Support of Motion for Preliminary Injunction. (lak) (Entered: 12/01/2017)

12/01/2017

38 Declaration of Anastasia P. Boden filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 33
Motion for Summary Judgment. (Thompson, Joshua) Modified on 12/4/2017: Duplicate of 22 ,
Declaration in Support of Motion for Preliminary Injunction. (lak) (Entered: 12/01/2017)

12/01/2017

39 Deposition of Michael Pederson taken on October 30, 2017. (Thompson, Joshua) (Entered:
12/01/2017)

12/01/2017

40 Disregard. See 42 . Modified on 12/4/2017. (lak) (Entered: 12/01/2017)

12/01/2017

41 Deposition of Steve Ingham taken on October 30, 2017, (Attachments:
# 1 Exhibit 1 - Defendants' Notarized Signatures for Defendants' Responses to Plaintiff's
Interrogatories, Set One) (Thompson, Joshua) (Entered: 12/01/2017)

12/04/2017

42 Deposition of Peter Haase taken on October 31, 2017. (Thompson, Joshua) (Entered: 12/04/2017)

12/22/2017

43 Brief in Opposition by Defendants Ben Brancel, Peter J. Haase, Brad Schimel re: 33 Motion for
Summary Judgment filed by Minerva Dairy, Inc., Adam Mueller. (Spitz, Katherine) (Entered:
12/22/2017)

12/22/2017

44 Response to Proposed Findings of Fact filed by Defendants Ben Brancel, Peter J. Haase, Brad
Schimel re: 33 Motion for Summary Judgment. (Spitz, Katherine) (Entered: 12/22/2017)

12/22/2017

45 Brief in Opposition by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 25 Motion for Summary
Judgment filed by Peter J. Haase, Ben Brancel, Brad Schimel. (Thompson, Joshua) (Entered:
12/22/2017)

12/22/2017

46 Response to Proposed Findings of Fact filed by Plaintiffs Minerva Dairy, Inc., Adam Mueller re: 25
Motion for Summary Judgment. (Thompson, Joshua) (Entered: 12/22/2017)

01/02/2018

47 Brief in Reply by Defendants Ben Brancel, Peter J. Haase, Brad Schimel in Support of 25 Motion
for Summary Judgment. (Carson, Gesina) (Entered: 01/02/2018)

01/02/2018

48 Reply in Support of Proposed Findings of Fact filed by Defendants Ben Brancel, Peter J. Haase,
Brad Schimel re: 25 Motion for Summary Judgment. (Carson, Gesina) (Entered: 01/02/2018)

01/02/2018

49 Brief in Reply by Plaintiffs Minerva Dairy, Inc., Adam Mueller in Support of 33 Motion for
Summary Judgment. (Thompson, Joshua) (Entered: 01/02/2018)

01/02/2018

50 Reply in Support of Proposed Findings of Fact filed by Plaintiffs Minerva Dairy, Inc., Adam
Mueller re: 33 Motion for Summary Judgment. (Thompson, Joshua) (Entered: 01/02/2018)

02/05/2018

51 ORDER granting 25 Motion for Summary Judgment by Defendants Ben Brancel, Peter J. Haase,
Brad Schimel; denying 33 Motion for Summary Judgment by Plaintiffs Minerva Dairy, Inc., Adam
Mueller. Signed by District Judge James D. Peterson on 2/5/2018. (voc) (Entered: 02/05/2018)

02/05/2018

52 JUDGMENT entered in favor of Defendants Ben Brancel, Peter J. Haase, Brad Schimel dismissing
the case. (voc) (Entered: 02/05/2018)

02/06/2018

53 Bill of Costs by Defendants Ben Brancel, Peter J. Haase, Brad Schimel. Motions referred to Peter A.
Oppeneer, Clerk of Court. Objection to Bill of Costs due 2/16/2018. Brief in Support to Bill of
Costs due 2/26/2018. Brief in Reply in Opposition to Bill of Costs due 3/5/2018. (Attachments:
# 1 Transcript Invoices) (Carson, Gesina) (Entered: 02/06/2018)

02/26/2018

54 ORDER on Bill of Costs: Costs Taxed in favor of Defendants in the amount of $480.00. Signed by
Peter A. Oppeneer, Clerk of Court by J. Titak, Deputy Clerk on 2/26/18. (jat) (Entered: 02/26/2018)

03/05/2018

55 NOTICE OF APPEAL by Plaintiffs Minerva Dairy, Inc., Adam Mueller as to 51 Order on Motion
for Summary Judgment, 52 Judgment. Filing fee of $ 505, receipt number 0758-2203948 paid.
Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Thompson, Joshua) Modified on 3/6/2018. (kwf) (Entered: 03/05/2018)

03/07/2018

56 Appeal Information Packet. (lak) (Entered: 03/07/2018)