Simon, Sarah v. Cooperative Educational Service Agency #5

Filing 92

Transmission of Amended Notice of Appeal, Amended Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 90 Amended Notice of Appeal, (Attachments: # 1 Amended Docketing Statement, # 2 Opinion and Order, # 3 Opinion and Order, # 4 Judgment, # 5 Docket Sheet) (lak)

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AEB, APPEAL, CLOSED,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:18-cv-00909-wmc
Simon, Sarah v. Cooperative Educational Service Agency #5
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Case in other court: 21-02139
21-03367, Seventh Circuit
Cause: 29:2601 Family and Medical Leave Act

Date Filed: 11/02/2018
Date Terminated: 12/23/2021
Jury Demand: Plaintiff
Nature of Suit: 751 Labor: Family and
Medical Leave Act
Jurisdiction: Federal Question

Plaintiff
Sarah Simon

represented by Aaron N. Halstead
Hawks Quindel, S.C.
P.O. Box 2155
Madison, WI 53701-2155
608-257-0040
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lili Clare Behm
Hawks Quindel, SC
409 East Main Street
Madison, WI 53703
[phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Amanda Michelle Kuklinski
Hawks Quindel, S.C.
222 W. Washington Ave., Suite 450
P.O. Box 2155
Madison, WI 53701-2155
608-257-0040
Email: [e-mail]
TERMINATED: 06/03/2019

V.
Defendant
Cooperative Educational Service
Agency #5

represented by Ronald S. Stadler
Jackson Lewis P.C.
Two Plaza East

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330 East Kilbourn Avenue, Suite 560
Milwaukee, WI 53202
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Edward Sacks
Jackson Lewis P.C.
Two Plaza East
330 East Kilbourn Avenue, Suite 560
Milwaukee, WI 53202
847-549-9611
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Date Filed
11/02/2018

#

Docket Text
1 COMPLAINT against Cooperative Educational Service Agency #5, ( Filing fee $
400 receipt number 0758-2352377.), filed by Sarah Simon, (Attachments:
# 1 Summons - Cooperative Educational Service Agency #5,
# 2 JS-44 Civil Cover Sheet) (Kuklinski, Amanda) (Entered: 11/02/2018)

11/05/2018

Case randomly assigned to District Judge William M. Conley and Magistrate Judge
Stephen L. Crocker. (kwf) (Entered: 11/05/2018)

11/05/2018

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: 11/05/2018)

11/05/2018

2 Summons Issued as to Cooperative Educational Service Agency #5. (kwf) (Entered:
11/05/2018)

11/21/2018

3 Disregard. Modified on 11/21/2018. (lak) (Entered: 11/21/2018)

11/21/2018

4 Notice of Appearance filed by Ronald S. Stadler for Defendant Cooperative
Educational Service Agency #5. (Stadler, Ronald) Modified on 11/21/2018. (lak)
(Entered: 11/21/2018)

11/21/2018

5 Notice of Appearance filed by Jonathan Edward Sacks for Defendant Cooperative
Educational Service Agency #5. (Sacks, Jonathan) Modified on 11/21/2018. (lak)
(Entered: 11/21/2018)

12/06/2018

6 Summons Returned Executed. Cooperative Educational Service Agency #5 served on
11/20/2018, answer due 12/11/2018. (Kuklinski, Amanda) (Entered: 12/06/2018)

12/10/2018

7 ANSWER by Defendant Cooperative Educational Service Agency #5. (Stadler,
Ronald) (Entered: 12/10/2018)

12/11/2018

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/16/2019
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

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Governing Preliminary Pretrial Conference attached] (kwf) (Entered: 12/11/2018)
01/09/2019
01/17/2019

8 Joint Report of Rule 26(f) Planning Meeting. (Kuklinski, Amanda) (Entered:
01/09/2019)
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 1/16/2019 [:10] (cak) (Entered:
01/17/2019)

01/17/2019

9 Pretrial Conference Order - Preliminary Pretrial Packet in cases assigned to District
Judge William M. Conley attached. Amendments to Pleadings due 2/15/2019.
Dispositive Motions due 7/30/2019. Settlement Letters due 12/6/2019. Motions in
Limine due 12/20/2019, Responses due 1/10/2020. Final Pretrial Conference set for
1/21/2020 at 4:00 PM. Jury Selection and Trial set for 2/3/2020 at 9:00 AM. Signed
by Magistrate Judge Stephen L. Crocker on 1/17/2019. (kwf) (Entered: 01/17/2019)

05/31/2019

10 Notice of Withdrawal of Counsel by Amanda Michelle Kuklinski re: Plaintiff Sarah
Simon. (Kuklinski, Amanda) (Entered: 05/31/2019)

07/30/2019

11 MOTION FOR SUMMARY JUDGMENT by Defendant Cooperative Educational
Service Agency #5. Brief in Opposition due 8/20/2019. Brief in Reply due
8/30/2019. (Sacks, Jonathan) (Entered: 07/30/2019)

07/30/2019

12 Brief in Support of 11 Motion for Summary Judgment by Defendant Cooperative
Educational Service Agency #5. (Sacks, Jonathan) (Entered: 07/30/2019)

07/30/2019

13 Disregard. See 14 , 15 , 16 and 17 . Modified on 7/31/2019. (lak) (Entered:
07/30/2019)

07/30/2019

14 Proposed Findings of Fact filed by Defendant Cooperative Educational Service
Agency #5 re: 11 Motion for Summary Judgment. (Sacks, Jonathan) (Entered:
07/30/2019)

07/30/2019

15 Affidavit of Ronald Stadler filed by Defendant Cooperative Educational Service
Agency #5 re: 11 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Plaintiff's Response to Defendant's First Set of Requests to Admit,
Requests to Produce Documents and Interrogatories,
# 2 Exhibit B - Contract for Employment: 2016-2017,
# 3 Exhibit C - Discharge Instructions for Sarah Simon - October 17, 2016,
# 4 Exhibit D - Incident Report - October 17, 2016,
# 5 Exhibit E - Doctor's Note dated October 19, 2016,
# 6 Exhibit F - Worker's Compensation Wage Information dated October 31, 2016,
# 7 Exhibit G - Activity Parameters Report dated October 31, 2016,
# 8 Exhibit H - Job Reassignment Notification from Rebecca Johnson dated
December 23, 2016,
# 9 Exhibit I - Alternative Program Teacher Vacancy Posting,
# 10 Exhibit J - Portage Community Schools 2017-2018 Contract and 2018-2019
Contract,
# 11 Exhibit K - Discrimination Complaint dated December 27, 2017,
# 12 Exhibit L - Wisconsin Department of Workforce Development July 17, 2018
Decision Dismissing Sarah Simon's Administrative Complaint) (Sacks, Jonathan)
(Entered: 07/30/2019)

07/30/2019

16 Affidavit of Mike Koltes filed by Defendant Cooperative Educational Service
Agency #5 re: 11 Motion for Summary Judgment, (Attachments:

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# 1 Exhibit A - Alternative Education Summary,
# 2 Exhibit B - CESA 5 Conditional Offer of Employment Dated July 30, 2014,
# 3 Exhibit C - Contract for Employment - 2014-2015,
# 4 Exhibit D - Contract for Employment - 2016-2017,
# 5 Exhibit E - Cooperative Educational Service Agency #5 - Position Description Alternative Program Lead Teacher,
# 6 Exhibit F - Alternative Education Incident Report dated October 19, 2016,
# 7 Exhibit G - Pay Adjustment Memo dated November 23, 2016,
# 8 Exhibit H - Doctor Note dated October 31, 2016,
# 9 Exhibit I - Note from Return to Work Coordinator dated October 28, 2018,
# 10 Exhibit J - Letter to Sarah Simon's doctor from CESA 5,
# 11 Exhibit K - Notes from Meeting with Sarah Simon on December 8, 2016,
# 12 Exhibit L - Cooperative Educational Service Agency #5 - Position Description Special Education Teacher,
# 13 Exhibit M - March 7, 2017 Note to Sarah Simon indicating employment
expected to be changed or non-renewed for 2017-2018 school year,
# 14 Exhibit N - Letter dated April 12, 2017 to Sarah Simon indicating the Board
issued a notice of contract non-renewal for 2017-2018 school year,
# 15 Exhibit O - Cooperative Educational Service Agency #5 - Position Description Alternative Program Teacher) (Sacks, Jonathan) (Entered: 07/30/2019)
07/30/2019

17 Deposition of Sarah M. Simon taken July 18, 2019. (Sacks, Jonathan) Modified on
7/31/2019. (lak) (Entered: 07/30/2019)

08/20/2019

18 Notice of Appearance filed by Lili Clare Behm for Plaintiff Sarah Simon. (Behm,
Lili) (Entered: 08/20/2019)

08/20/2019

19 Brief in Opposition by Plaintiff Sarah Simon re: 11 Motion for Summary Judgment
filed by Cooperative Educational Service Agency #5. (Halstead, Aaron) (Entered:
08/20/2019)

08/20/2019

20 Response to Proposed Findings of Fact filed by Plaintiff Sarah Simon re: 11 Motion
for Summary Judgment. (Halstead, Aaron) (Entered: 08/20/2019)

08/20/2019

21 Affidavit of Sarah M. Simon filed by Plaintiff Sarah Simon in Support of Plaintiff's
Brief in Opposition re: 11 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Email Incident Report,
# 2 Exhibit B - 11/22/16 Note from Dr. Dowling) (Halstead, Aaron) (Entered:
08/20/2019)

08/20/2019

22 Deposition of Michael Koltes taken on 8/12/2019. (Halstead, Aaron) (Entered:
08/20/2019)

08/29/2019

23 Disregard. Refer to 25 . Modified on 8/30/2019. (lak) (Entered: 08/29/2019)

08/29/2019

24 Reply in Support of Proposed Findings of Fact filed by Defendant Cooperative
Educational Service Agency #5 re: 11 Motion for Summary Judgment. (Sacks,
Jonathan) (Entered: 08/29/2019)

08/30/2019

25 Brief in Reply by Defendant Cooperative Educational Service Agency #5 in Support
of 11 Motion for Summary Judgment. (Sacks, Jonathan) (Entered: 08/30/2019)

12/20/2019

26 Motion to Reschedule Trial by Defendant Cooperative Educational Service Agency
#5. Response due 12/27/2019. (Stadler, Ronald) (Entered: 12/20/2019)

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12/20/2019

27 Motions in Limine by Defendant Cooperative Educational Service Agency #5.
(Stadler, Ronald) (Entered: 12/20/2019)

12/20/2019

28 Proposed Jury Instructions - Liability by Defendant Cooperative Educational Service
Agency #5. (Stadler, Ronald) (Entered: 12/20/2019)

12/20/2019

29 Unsigned Proposed Special Verdict - Liability by Defendant Cooperative Educational
Service Agency #5. (Stadler, Ronald) Modified on 12/23/2019. (lak) (Entered:
12/20/2019)

12/20/2019

30 Proposed Voir Dire by Defendant Cooperative Educational Service Agency #5.
(Stadler, Ronald) (Entered: 12/20/2019)

12/20/2019

31 Rule 26(a)(3) Pretrial Disclosures by Defendant Cooperative Educational Service
Agency #5. (Stadler, Ronald) (Entered: 12/20/2019)

12/20/2019

32 Rule 26(a)(3) Pretrial Disclosures by Plaintiff Sarah Simon. (Halstead, Aaron)
(Entered: 12/20/2019)

12/20/2019

33 Motions in Limine by Plaintiff Sarah Simon. (Halstead, Aaron) (Entered:
12/20/2019)

12/20/2019

34 Proposed Voir Dire by Plaintiff Sarah Simon. (Halstead, Aaron) (Entered:
12/20/2019)

12/20/2019

35 Proposed Jury Instructions - Liability by Plaintiff Sarah Simon. (Halstead, Aaron)
(Entered: 12/20/2019)

12/20/2019

36 Proposed Special Verdict - Liability by Plaintiff Sarah Simon. (Halstead, Aaron)
(Entered: 12/20/2019)

12/20/2019

37 Deposition of Jeremy Biehl taken on 11/26/2019. (Halstead, Aaron) (Entered:
12/20/2019)

12/20/2019

38 Deposition of Rebecca Johnson taken on 11/26/2019. (Halstead, Aaron) (Entered:
12/20/2019)

12/20/2019

39 Stipulation Regarding Plaintiff's Serious Health Condition by Plaintiff Sarah Simon.
(Halstead, Aaron) (Entered: 12/20/2019)

12/23/2019

40 Exhibit List by Defendant Cooperative Educational Service Agency #5. (Stadler,
Ronald) (Entered: 12/23/2019)

12/27/2019

41 Response Stating No Opposition by Plaintiff Sarah Simon re: 26 Motion to
Reschedule Hearing filed by Cooperative Educational Service Agency #5. (Halstead,
Aaron) (Entered: 12/27/2019)

12/30/2019

42 ORDER granting in part and denying in part 11 Motion for Summary Judgment;
setting deadlines as to plaintiff's claimed equitable or non-equitable remedy or
remedies should she prevail on her remaining claim: plaintiff's submissions due
1/10/2020, defendant's response due 1/17/2020; denying as moot 26 Motion to
Reschedule Trial. Signed by District Judge William M. Conley on 12/30/2019. (jls)
(Entered: 12/30/2019)

01/10/2020

43 Response to Proposed Special Verdict and Proposed Jury Instructions by Defendant
Cooperative Educational Service Agency #5. (Stadler, Ronald) (Entered: 01/10/2020)

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01/10/2020

44 Brief in Opposition by Defendant Cooperative Educational Service Agency #5 re: 33
Motions in Limine filed by Sarah Simon. (Stadler, Ronald) (Entered: 01/10/2020)

01/10/2020

45 Response to Proposed Liability Jury Instructions by Plaintiff Sarah Simon. (Halstead,
Aaron) (Entered: 01/10/2020)

01/10/2020

46 Response to Proposed Special Verdict by Plaintiff Sarah Simon. (Halstead, Aaron)
(Entered: 01/10/2020)

01/10/2020

47 Brief in Opposition by Plaintiff Sarah Simon re: 27 Motions in Limine filed by
Cooperative Educational Service Agency #5. (Halstead, Aaron) Modified on
1/13/2020. (lak) (Entered: 01/10/2020)

01/10/2020

48 Objection to Rule 26(a)(3) Designations by Plaintiff Sarah Simon. (Halstead, Aaron)
(Entered: 01/10/2020)

01/10/2020

49 Trial Brief Regarding Propriety of Granting Equitable Relief by Plaintiff Sarah
Simon. (Halstead, Aaron) (Entered: 01/10/2020)

01/10/2020

50 Declaration of Sarah M. Simon filed by Plaintiff Sarah Simon in Support of Dkt. #49
Trial Brief Regarding Propriety of Granting Equitable Relief, (Attachments:
# 1 Exhibit A - Employment Contract,
# 2 Exhibit B - Job Description,
# 3 Exhibit C - 11/30/16 Email) (Halstead, Aaron) Modified on 1/13/2020. (lak)
(Entered: 01/10/2020)

01/15/2020

Set/Reset Hearings: Final Pretrial Conference reset from 4:00 PM to 2:00 PM on
1/21/2020. (kwf/mfh) (Entered: 01/15/2020)

01/17/2020

51 Trial Brief by Defendant Cooperative Educational Service Agency #5 in Response to
Plaintiff's Brief Regarding Propriety of Granting Equitable Relief. (Stadler, Ronald)
Modified on 1/17/2020: This did not appear to be a Brief in Reply in Support.
Changed to Trial Brief. (lak) (Entered: 01/17/2020)

01/17/2020

52 ORDER granting in part and reserving in part plaintiff's 33 Motions in Limine.
Motion in Limine #1 is granted with an additional restriction. Motions in Limine #2,
#3, #4, and #5 are granted in accordance with the opinion; granting in part and
reserving in part defendant's 27 Motions in Limine. Motions in Limine #1, #4, and #5
are granted; Motions in Limine #2 and #3 are reserved. Signed by District Judge
William M. Conley on 1/17/2020. (jls) Modified on 1/21/2020 (jls). (Entered:
01/17/2020)

01/21/2020

53 Minute Entry for proceedings held before District Judge William M. Conley: Final
Pretrial Conference held on 1/21/2020. Trial predicted to last 2 days. [:51]
Attention: In the event of a settlement of this matter over the weekend, counsel are
advised to contact the Clerk of Court at [phone] or the Chief Deputy Clerk at
[phone]. (Court Reporter JLD.) (jls) (Entered: 01/21/2020)

01/21/2020
01/22/2020

Set/Reset Trial: Court Trial set for 2/10/2020 at 08:30 AM; 2nd Day of Court Trial
set for 2/11/2020 at 08:30 AM. (jls) (Entered: 01/21/2020)
54 Final Pretrial Conference Order. Signed by District Judge William M. Conley on
1/21/2020. (jls) (Entered: 01/22/2020)

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01/24/2020

55 Motion for Hearing (Status Conference) by Plaintiff Sarah Simon. (Halstead, Aaron)
Modified on 1/24/2020. (lak) (Entered: 01/24/2020)

01/24/2020

56 Exhibit List by Plaintiff Sarah Simon. (Halstead, Aaron) (Entered: 01/24/2020)

01/27/2020

57 Notice of Supplemental Authority by Defendant Cooperative Educational Service
Agency #5 . (Stadler, Ronald) (Entered: 01/27/2020)

01/28/2020

Set/Reset Trial Date: Court Trial reset for 3/2/2020 and 3/3/2020 at 8:30 AM. (kwf)
(Entered: 01/28/2020)

02/27/2020

58 Notice of Supplemental Authority by Plaintiff Sarah Simon in Support of Argument
for Equitable Relief. (Halstead, Aaron) (Entered: 02/27/2020)

03/02/2020

59 Minute Entry for proceedings held before District Judge William M. Conley: Court
Trial held on 3/2/2020. [04:20] (Court Reporter JLD.) (jls) (Entered: 03/02/2020)

03/09/2020

60 Post Trial Brief by Defendant Cooperative Educational Service Agency #5 (Stadler,
Ronald) (Entered: 03/09/2020)

03/09/2020

61 Declaration of Karen Bender filed by Plaintiff Sarah Simon in support of Plaintiff's
request for equitable relief re: 42 Order on Motion for Summary Judgment,, Order on
Motion to Reschedule Hearing, (Halstead, Aaron) (Entered: 03/09/2020)

03/09/2020

62 Declaration of Aaron Halstead filed by Plaintiff Sarah Simon in support of Plaintiff's
request for equitable relief re: 42 Order on Motion for Summary Judgment,, Order on
Motion to Reschedule Hearing, (Attachments:
# 1 Exhibit 1: Attorney Robert Gregg Advertising Materials,
# 2 Exhibit 2: Attorney Robert Gregg Seminar Advertising Materials) (Halstead,
Aaron) (Entered: 03/09/2020)

05/21/2021

63 OPINION AND ORDER on Equitable Relief. Plaintiff's request for declaratory
judgment finding that defendant CESA 5 violated the FMLA by failing to return her
position or to an equivalent position is GRANTED. Plaintiff's request for further
equitable relief is DENIED. Plaintiff may have until June 21, 2021, to seek its
attorney fees and costs under 29 U.S.C. § 2617(a)(3), including providing the court
with any retainable agreements with counsel, all billings, invoices and attorney time
records. Defendant may have 21 days to oppose that request, including providing the
court its agreement with counsel, all billings, invoices and attorney time records.
Signed by District Judge William M. Conley on 5/21/2021. (kwf) (Entered:
05/21/2021)

05/28/2021

64 Notice of Change of Address by Ronald S. Stadler (Stadler, Ronald) (Entered:
05/28/2021)

06/20/2021

65 Motion for Attorney Fees by Plaintiff Sarah Simon. Brief in Opposition due
7/12/2021. Brief in Reply due 7/21/2021. (Attachments:
# 1 Disregard. To be refiled. Plaintiff's Brief in Support of Petition for Attorneys'
Fees and Costs,
# 2 Disregard. To be refiled. Declaration of Aaron N. Halstead in Support of
Plaintiff's Petition for Attorneys' Fees and Costs,
# 3 Disregard. To be refiled. Exhibit Exhibit 1 to Declaration of Aaron N. Halstead June 11, 2019 Email to Attorney Stadler Inquiring About Interest in Settlement,
# 4 Disregard. To be refiled. Exhibit Exhibit 2 to Declaration of Aaron N. Halstead May 24, 2021 Email to Attorney Stadler re Possible Stipulation on Attorney's Fees,

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# 5 Disregard. To be refiled. Exhibit Exhibit 3 to Declaration of Aaron N. Halstead May 26, 2021 Email to Attorney Stadler re Possible Stipulation on Attorney's Fees,
# 6 Disregard. To be refiled. Exhibit Exhibit 4 to Declaration of Aaron N. Halstead August 16, 2018 Fully-executed Contingent Fee Legal Services Agreement,
# 7 Disregard. To be refiled. Exhibit Exhibit 5 to Declaration of Aaron N. Halstead Itemization of Fees,
# 8 Disregard. To be refiled. Exhibit Exhibit 6 to Declaration of Aaron N. Halstead Itemization of Costs,
# 9 Disregard. To be refiled. Declaration of Michael R. Fox in Support of Plaintiff's
Petition for Attorneys' Fees and Costs,
# 10 Disregard. To be refiled. Affidavit of Attorney Carol Skinner in Support of
Plaintiff's Petition for Attorneys' Fes and Costs,
# 11 Disregard. To be refiled. Declaration of Jeff Scott Olson) (Halstead, Aaron)
Modified on 6/21/2021: E-mail sent to counsel. All attachments to be refiled. (lak)
(Entered: 06/20/2021)
06/21/2021

66 NOTICE OF APPEAL by Defendant Cooperative Educational Service Agency #5 as
to 63 Order,,. Filing fee of $ 505, receipt number 0758-2892851 paid. Docketing
Statement filed. (Attachments:
# 1 Docketing Statement Seventh Circuit Rule 3(C) Docketing Statement) (Stadler,
Ronald) (Entered: 06/21/2021)

06/21/2021

67 Brief in Support of 65 Motion for Attorney Fees,,,,,,, by Plaintiff Sarah Simon
(Halstead, Aaron) (Entered: 06/21/2021)

06/21/2021

68 Declaration of Aaron N. Halstead filed by Plaintiff Sarah Simon re: 65 Motion for
Attorney Fees,,,,,,, (Attachments:
# 1 Exhibit 1- June 11, 2019 Email to Attorney Stadler Inquiring About Interest in
Settlement,
# 2 Exhibit 2-May 24, 2021 Email to Attorney Stadler re Possible Stipulation on
Attorney's Fees,
# 3 Exhibit 3-May 26, 2021 Email to Attorney Stadler re Possible Stipulation on
Attorney's Fees,
# 4 Exhibit 4-August 16, 2018 Fully-executed Contingent Fee Legal Services
Agreement,
# 5 Exhibit 5-Itemization of Fees,
# 6 Exhibit 6-Itemization of Costs) (Halstead, Aaron) (Entered: 06/21/2021)

06/21/2021

69 Declaration of Michael R. Fox filed by Plaintiff Sarah Simon re: 65 Motion for
Attorney Fees,,,,,,, (Halstead, Aaron) (Entered: 06/21/2021)

06/21/2021

70 Affidavit of Carol Skinner filed by Plaintiff Sarah Simon re: 65 Motion for Attorney
Fees,,,,,,, (Halstead, Aaron) (Entered: 06/21/2021)

06/21/2021

71 Disregard. Modified on 6/21/2021. (lak) (Entered: 06/21/2021)

06/21/2021

72 Declaration of Jeff Scott Olson filed by Plaintiff Sarah Simon re: 65 Motion for
Attorney Fees, (Attachments:
# 1 Exhibit A - Olson Curriculum Vitae) (lak) (Entered: 06/21/2021)

06/21/2021

73 Appeal Information Packet. (lak) (Entered: 06/21/2021)

06/21/2021

74 Transmission of Notice of Appeal, Docketing Statement, Opinion and Order and
Docket Sheet to Seventh Circuit Court of Appeals re: 66 Notice of Appeal,
(Attachments:

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# 1 Docketing Statement,
# 2 Opinion and Order,
# 3 Docket Sheet) (lak) (Entered: 06/21/2021)
06/22/2021

Set/Reset Briefing Deadlines as to 65 Motion for Attorney Fees. Brief in Opposition
due 7/12/2021. (kwf) (Entered: 06/22/2021)

06/22/2021

USCA Case Number 21-2139 for 66 Notice of Appeal filed by Cooperative
Educational Service Agency #5. (kwf) (Entered: 06/22/2021)

07/12/2021

75 Brief in Opposition by Defendant Cooperative Educational Service Agency #5 re: 65
Motion for Attorney Fees,,,,,,, filed by Sarah Simon (Stadler, Ronald) (Entered:
07/12/2021)

07/12/2021

76 Declaration of Ronald S. Stadler filed by Defendant Cooperative Educational Service
Agency #5 re: 65 Motion for Attorney Fees,,,,,,, (Attachments:
# 1 Exhibit Bill with block billing highlighted,
# 2 Exhibit Bill with other entries highlighted,
# 3 Exhibit CESA Bills) (Stadler, Ronald) (Entered: 07/12/2021)

07/20/2021

77 Plaintiff-Appellee's Motion for Designation and Order of Transcript on Appeal.
Response due 7/27/2021. (Halstead, Aaron) Modified on 7/20/2021. (lak) (Entered:
07/20/2021)

07/20/2021

78 Brief in Support of 77 Motion for Miscellaneous Relief by Plaintiff Sarah Simon
(Halstead, Aaron) (Entered: 07/20/2021)

07/20/2021

79 Declaration of Aaron N. Halstead filed by Plaintiff Sarah Simon re: 77 Motion for
Miscellaneous Relief (Attachments:
# 1 Exhibit 1 - CESA's Seventh Circuit Transcript Information Sheet,
# 2 Exhibit 2 - Simon's Seventh Circuit Transcript Information Sheet) (Halstead,
Aaron) (Entered: 07/20/2021)

07/27/2021

80 Response Stating No Opposition by Defendant Cooperative Educational Service
Agency #5 re: 77 Motion for Miscellaneous Relief filed by Sarah Simon and
requesting extension (Stadler, Ronald) (Entered: 07/27/2021)

08/06/2021

81 ** TEXT ONLY ORDER **
Still lingering on the docket is the parties' stipulation to certain facts. (Dkt. # 39 .)
The court has GRANTED this stipulation, having considered the stipulated facts in
its opinion and order following the bench trial. (Dkt. # 63 .) Signed by District Judge
William M. Conley on 8/6/2021. (kwf) (Entered: 08/06/2021)

08/11/2021

82 Transcript Request Form by Defendant Cooperative Educational Service Agency #5
(Stadler, Ronald) (Entered: 08/11/2021)

08/11/2021

83 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re: 66
Notice of Appeal. (kwf) (Entered: 08/11/2021)

08/26/2021

84 Transcript of Court Trial, held 3/2/2021 before District Judge William M. Conley.
Court Reporter: JD.
Please review the court's new policy regarding electronic transcripts of court
proceedings: see Electronic Transcript Instructions. (kwf) (Entered: 08/26/2021)

12/17/2021

85 OPINION AND ORDER granting in part and denying in part 65 Motion for Attorney
Fees. Plaintiff is awarded $59,773.62 in attorneys' fees and costs under 29 U.S.C. §
2617(a)(3). The clerk's office is directed to enter final judgment in this case

01/10/2022, 9:46 AM

ECF Western District of Wisconsin

10 of 10

https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?541200968831772-L_1_0-1

consistent with this opinion. Signed by District Judge William M. Conley on
12/17/2021. (kwf) (Entered: 12/17/2021)
12/22/2021

86 NOTICE OF APPEAL by Defendant Cooperative Educational Service Agency #5 as
to 85 Order on Motion for Attorney Fees. Filing fee of $ 505, receipt number
0758-2983017 paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Stadler, Ronald) (Entered: 12/22/2021)

12/23/2021

87 Appeal Information Packet. (lak) (Entered: 12/23/2021)

12/23/2021

88 Transmission of Notice of Appeal, Docketing Statement, Opinion and Order and
Docket Sheet to Seventh Circuit Court of Appeals re: 86 Notice of Appeal,
(Attachments:
# 1 Docketing Statement,
# 2 Opinion and Order,
# 3 Docket Sheet) (lak) (Entered: 12/23/2021)

12/23/2021

89 JUDGMENT entered in favor of plaintiff Sarah M. Simon finding that defendant
Cooperative Educational Service Agency #5 interfered with her FMLA rights by
failing to return her to an equivalent position after she returned from FMLA leave.
Plaintiff is awarded $59,773.62 in attorneys' fees and costs. Judgment is entered in
favor of defendant on all of plaintiff's other FMLA claims and theories. (WMC/arw)
(Entered: 12/23/2021)

12/23/2021

USCA Case Number 21-3367 for 86 Notice of Appeal filed by Cooperative
Educational Service Agency #5. (arw) (Entered: 12/23/2021)

01/07/2022

90 AMENDED NOTICE OF APPEAL by Defendant Cooperative Educational Service
Agency #5 as to 85 Order on Motion for Attorney Fees, 89 Judgment, 63 Order. Fee
Not Paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement Amended) (Stadler, Ronald) Modified on 1/10/2022. (lak)
(Entered: 01/07/2022)

01/10/2022

91 Appeal Information Packet. (lak) (Entered: 01/10/2022)

01/10/2022, 9:46 AM