Gray-Ziegelbauer, Randy v. Eighth Street Auto, Inc. et al
| Wisconsin Western District Court | |
| Judge: | James D Peterson |
| Referred: | Stephen L Crocker |
| Case #: | 3:19-cv-00454 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Jun 04, 2019 |
| Terminated: | Jan 23, 2020 |
| Last checked: Sunday Dec 01, 2019 2:43 AM CST |
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Defendant
Eighth Street Auto, Inc.
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Represented By
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Defendant
James Vruwink
4390 8th Street South
Wisconsin Rapids, WI 54494 |
Represented By
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Plaintiff
Randy S. Gray-Ziegelbauer
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Represented By
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GPO
Jan 23 2020
ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge James D. Peterson on 1/23/2020. (jls) |
| Docket last updated: 04/25/2025 11:59 PM CDT |
| Thursday, January 23, 2020 | ||
| 26 | 26
order
Judgment
Thu 01/23 9:20 AM
JUDGMENT entered in favor of Eighth Street Auto, Inc. and James Vruwink against Randy S. Gray-Ziegelbauer dismissing this case. (jls) |
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| 25 | 25
5
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Thu 01/23 9:17 AM
ORDER granting13 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge James D. Peterson on 1/23/2020. (jls) |
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| Friday, December 20, 2019 | ||
| 24 | 24
order
Order on Stipulation of Dismissal
Fri 12/20 11:40 AM
** TEXT ONLY ORDER ** The parties have stipulated to dismiss plaintiff's Wisconsin Consumer Act claims against defendants, leaving only his § 1983 claims against them. Dkt.23 . But a stipulation under Federal Rule of Civil Procedure 41(a) can be used only to dismiss the entire action; the appropriate vehicle here is an amended complaint under Rule 15(a). See Taylor v. Brown , 787 F. 3d 851, 857-58 (7th Cir. 2015). So I will construe the parties' stipulation as a motion to amend plaintiff's complaint with defendants' written consent under Rule 15(a)(2). I will accept the motion and deem those claims to be struck from plaintiff's operative complaint, Dkt.9 . Because defendants' pending motion to dismiss, Dkt.13 , is based on plaintiff's unaltered § 1983 claims, I will redirect that motion for the sake of efficiency toward plaintiff's complaint as amended by this order. Signed by District Judge James D. Peterson on 12/20/2019. (jls) |
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| Thursday, December 19, 2019 | ||
| 23 | 23
motion
Stipulation of Dismissal
Thu 12/19 1:36 PM
STIPULATION of Dismissal Without Prejudice as to Claims 1 and 3 by Plaintiff Randy S. Gray-Ziegelbauer. (DeLadurantey, Nathan) |
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| Friday, November 08, 2019 | ||
| 22 | 22
order
Order on Motion for Clarification
Fri 11/08 2:59 PM
** TEXT ONLY ORDER ** Defendants report that Plaintiff has served discovery on them prior to the end of the discovery stay and asks when their response to this discovery is due. The stay ends at midnight on November 8, 2019. Therefore, the early discovery is deemed served as of 12:01 a.m. on November 9, 2019. Signed by Magistrate Judge Stephen L. Crocker on 11/8/2019. (jls) |
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| 21 | 21
motion
Clarification
Fri 11/08 9:45 AM
Motion for Clarification by Defendants Eighth Street Auto, Inc., James Vruwink. (Shull, John) Modified on 11/8/2019. (lak) |
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| Monday, September 09, 2019 | ||
| 20 | 20
respm
Brief in Reply
Mon 09/09 4:20 PM
Brief in Reply by Defendants Eighth Street Auto, Inc., James Vruwink in Support of13 Motion to Dismiss/Lack of Jurisdiction (Shull, John) |
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| Thursday, August 29, 2019 | ||
| 19 | 19
respm
Brief in Opposition
Thu 08/29 9:20 AM
Brief in Opposition by Plaintiff Randy S. Gray-Ziegelbauer re:13 Motion to Dismiss/Lack of Jurisdiction filed by James Vruwink, Eighth Street Auto, Inc. (DeLadurantey, Nathan) |
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| Thursday, August 15, 2019 | ||
| 18 | 18
order
Pretrial Conference Order
Thu 08/15 3:23 PM
Pretrial Conference Order -[LINK:Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson] attached. Dispositive Motions due 4/10/2020. Settlement Letters due 7/31/2020. Motions in Limine due 8/7/2020. Response to Motion due 8/21/2020. Final Pretrial Conference set for 9/2/2020 at 04:00 PM. Jury Selection and Trial set for 9/8/2020 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 8/15/2019. (jls) |
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minutes
Telephone Preliminary Pretrial Conference
Thu 08/15 2:43 PM
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 8/13/2019 [:10] (cak) |
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| Monday, August 12, 2019 | ||
| 17 | 17
order
Order on Motion for Extension of Time
Mon 08/12 1:00 PM
** TEXT ONLY ORDER ** ORDER granting16 Motion for Extension of Time. Brief in Opposition due 8/29/2019. Brief in Reply due 9/9/2019. Signed by Magistrate Judge Stephen L. Crocker on 8/12/2019. (jls) |
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| 16 | 16
motion
Extension of Time
Mon 08/12 11:38 AM
Unopposed Motion for Extension of Time for Briefing Deadlines by Plaintiff Randy S. Gray-Ziegelbauer. Motions referred to Magistrate Judge Stephen L. Crocker. (DeLadurantey, Nathan) |
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| Thursday, August 08, 2019 | ||
| 15 | 15
misc
Discovery Plan
Thu 08/08 4:21 PM
Joint Discovery Plan (Shull, John) |
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| Thursday, July 25, 2019 | ||
| 14 | 14
respm
Brief in Support
Thu 07/25 2:12 PM
Brief in Support of13 Motion to Dismiss/Lack of Jurisdiction by Defendants Eighth Street Auto, Inc., James Vruwink. (Shull, John) |
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| 13 | 13
motion
Dismiss/Lack of Jurisdiction
Thu 07/25 2:09 PM
MOTION TO DISMISS for Lack of Jurisdiction by Defendants Eighth Street Auto, Inc., James Vruwink. Brief in Opposition due 8/15/2019. Brief in Reply due 8/26/2019. (Shull, John) |
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| Wednesday, July 24, 2019 | ||
| 12 | 12
order
Order on Motion to Dismiss
Wed 07/24 12:54 PM
** TEXT ONLY ORDER ** In light of defendants' response, Dkt.11 , to the court's July 16 order, Dkt. 10, defendants' motion to dismiss, Dkt.6 , is DENIED as moot. Defendants may file a new motion directed to the amended complaint. Signed by District Judge James D. Peterson on 7/24/2019. (jls) |
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| Friday, July 19, 2019 | ||
| 11 | 11
notice
Notice (Other)
Fri 07/19 12:19 PM
Response by Defendants Eighth Street Auto, Inc., James Vruwink re: 10 Text Only Order. (Thao, Pahoua) Modified on 7/19/2019. (lak) |
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| Tuesday, July 16, 2019 | ||
| 10 | 10
order
Text Only Order
Tue 07/16 12:27 PM
** TEXT ONLY ORDER ** Plaintiff has filed an amended complaint. Dkt.9 . So defendants' pending motion to dismiss, Dkt.6 , is directed to a no-longer-operative complaint, and under normal circumstances, an amended complaint moots any pending motion to dismiss. But in some cases, the court is able to redirect a pending motion toward a newly-operative complaint, in the interests of efficiency. By July 23, 2019, defendants should inform the court whether the court should: 1. redirect their pending motion to dismiss toward the amended complaint, or 2. deny it as moot, allowing defendants to file a new motion. After receiving defendants' input, the court will determine how best to proceed. Signed by District Judge James D. Peterson on 7/16/2019. (jls) |
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| Friday, July 12, 2019 | ||
| 9 | 9
cmp
Amended Complaint
Fri 07/12 10:06 AM
AMENDED COMPLAINT against Eighth Street Auto, Inc., James Vruwink, filed by Randy Gray-Ziegelbauer. (DeLadurantey, Nathan) |
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| Tuesday, July 02, 2019 | ||
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utility
Set Pretrial or Status Conference
Tue 07/02 10:11 AM
Reset Telephone Pretrial Conference: Telephone Pretrial Conference reset at the request of plaintiff's counsel for 8/13/2019 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [[LINK:Standing Order Governing Preliminary Pretrial Conference] attached] (jls) |
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| Wednesday, June 26, 2019 | ||
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utility
Set Pretrial or Status Conference
Wed 06/26 12:00 PM
Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 8/6/2019 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. [[LINK:Standing Order Governing Preliminary Pretrial Conference] attached] (jls) |
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| Tuesday, June 25, 2019 | ||
| 8 | 8
misc
Corporate Disclosure Statement
Tue 06/25 11:18 AM
Corporate Disclosure Statement by Defendants Eighth Street Auto, Inc., James Vruwink. (Shull, John) |
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| 7 | 7
respm
Brief in Support
Tue 06/25 11:06 AM
Brief in Support of6 Motion to Dismiss by Defendants Eighth Street Auto, Inc., James Vruwink. (Shull, John) |
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| 6 | 6
motion
Dismiss
Tue 06/25 11:03 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION by Defendants Eighth Street Auto, Inc., James Vruwink. Brief in Opposition due 7/16/2019. Brief in Reply due 7/26/2019. (Shull, John) |
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| 5 | 5
notice
Notice of Appearance
Tue 06/25 10:57 AM
Notice of Appearance filed by Pahoua Thao for Defendants Eighth Street Auto, Inc., James Vruwink. (Thao, Pahoua) |
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| 4 | 4
notice
Notice of Appearance
Tue 06/25 10:52 AM
Notice of Appearance filed by John R. Shull, Jr., for Defendants Eighth Street Auto, Inc., James Vruwink. (Shull, John) |
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| Wednesday, June 05, 2019 | ||
| 3 | 3
4
pgs
service
Summons Issued
Wed 06/05 9:37 AM
Summons Issued as to Eighth Street Auto, Inc. and James Vruwink. (jls) |
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utility
Add Judge for Shell Case Opening
Wed 06/05 9:32 AM
Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jls) |
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utility
Standard Attachments Sent
Wed 06/05 9:32 AM
Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service:[LINK:NORTC] ,[LINK:Corporate Disclosure Statement] . (jls) |
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| Tuesday, June 04, 2019 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Tue 06/04 9:43 AM
Corporate Disclosure Statement by Plaintiff Randy Gray-Ziegelbauer. (DeLadurantey, Nathan) |
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| 1 | 1
cmp
Complaint
Tue 06/04 9:40 AM
COMPLAINT against All Defendants, ( Filing fee $ 400 receipt number 0758-2478167.), filed by Randy Gray-Ziegelbauer, (DeLadurantey, Nathan) Modified on 6/4/2019: Corrected parties. Removed duplicate text. (lak) |
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Att: 1
2 pgs
JS-44 Civil Cover Sheet,
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Att: 2
Summons for Eighth Street Auto, Inc.
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Att: 3
Summons for Vruwink
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