Barkow, Todd v. School District of Athens et al

Wisconsin Western District Court
Judge:	James D Peterson
Case #:	3:20-cv-01030
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Nov 23, 2020
Terminated:	Mar 22, 2022

Last checked: Saturday May 22, 2021 4:34 AM CDT

Defendant Dean Ellenbecker	Represented By Jenna E. Rousseau Strang, Patteson, Renning, Lewis & Lacy, S.C. contact info
Defendant School District of Athens	Represented By Tony Renning Strang Patteson Renning Lewis & Lacy, S.C. contact info Jenna E. Rousseau Strang, Patteson, Renning, Lewis & Lacy, S.C. contact info
Plaintiff Todd A. Barkow	Represented By Jeff Scott Olson Jeff Scott Olson Law Firm contact info

	GPO Mar 21 2022 ORDER granting 10 Motion for Summary by defendants with respect to Barkow's constitutional claims. Those claims are DISMISSED with prejudice. Plaintiff's state law claim against Dean Ellenbecker is DISMISSED without prejudice under 28 U.S.C. � 1367(c)(3). Signed by District Judge James D. Peterson on 3/21/2022. (voc)
	GPO Mar 22 2022 JUDGMENT entered in favor of defendants School District of Athens and Dean Ellenbecker against plaintiff Todd A. Barkow dismissing this case. (kwf)
	GPO Mar 31 2022 Transmission of Notice of Appeal, Docketing Statements, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 34 Notice of Appeal, (Attachments: # (1) Docketing Statement, # (2) Docketing Statement, # (3) Docketing Statement, # (4) Order, # (5) Judgment, # (6) Docket Sheet) (lak)

Docket last updated: 04/25/2025 11:59 PM CDT

Monday, November 14, 2022
41		41 appeal USCA Judgment Mon 11/14 11:24 AM JUDGMENT from USCA affirming district court with costs as to34 Notice of Appeal filed by Todd A. Barkow. No record to be returned. (jat) Related: [-]
		Att: 1 Mandate,
		Att: 2 Appellate Opinion
Friday, April 22, 2022
40		40 2 pgs order Order on Motion for Bill of Costs Fri 04/22 9:09 AM ORDER on Bill of Costs: Costs Taxed in favor of Defendants in the amount of $1,268.25. Signed by Peter A. Oppeneer, Clerk of Court on 4/22/2022. (kwf) Related: [-]
Thursday, April 07, 2022
39		39 motion Bill of Costs Thu 04/07 10:17 AM Bill of Costs by Defendants Dean Ellenbecker, School District of Athens. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 4/18/2022. Brief in Support to Bill of Costs due 4/27/2022. Brief in Reply in Opposition to Bill of Costs due 5/2/2022. (Rousseau, Jenna) Related: [-]
		Att: 1 Exhibit Invoice
Friday, April 01, 2022
		appeal USCA Case Number Fri 04/01 12:16 PM USCA Case Number 22-1521 for34 Notice of Appeal filed by Todd A. Barkow. (voc) Related: [-]
Thursday, March 31, 2022
38		38 appeal Transmission of Short Record to Seventh Circuit Thu 03/31 11:20 AM Transmission of Notice of Appeal, Docketing Statements, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re:34 Notice of Appeal, (lak) Related: [-]
		Att: 1 Docketing Statement,
		Att: 2 Docketing Statement,
		Att: 3 Docketing Statement,
		Att: 4 Order,
		Att: 5 Judgment,
		Att: 6 Docket Sheet
37		37 appeal Docketing Statement Thu 03/31 11:15 AM Docketing Statement re34 Notice of Appeal. (Olson, Jeff) Related: [-]
36		36 appeal Appeal Information Packet Thu 03/31 11:15 AM Appeal Information Packet. (lak) Related: [-]
35		35 appeal Docketing Statement Thu 03/31 11:00 AM Docketing Statement re34 Notice of Appeal. (Olson, Jeff) Related: [-]
34		34 appeal Notice of Appeal Thu 03/31 10:52 AM NOTICE OF APPEAL by Plaintiff Todd A. Barkow as to33 Judgment. Filing fee of $ 505, receipt number 0758-3029850 paid. Docketing Statement filed. (Olson, Jeff) Related: [-]
		Att: 1 Docketing Statement
Tuesday, March 22, 2022
33		33 order Judgment Tue 03/22 8:20 AM JUDGMENT entered in favor of defendants School District of Athens and Dean Ellenbecker against plaintiff Todd A. Barkow dismissing this case. (kwf) Related: [-]
Monday, March 21, 2022
32		32 7 pgs order Order on Motion for Summary Judgment Mon 03/21 4:01 PM ORDER granting10 Motion for Summary by defendants with respect to Barkow's constitutional claims. Those claims are DISMISSED with prejudice. Plaintiff's state law claim against Dean Ellenbecker is DISMISSED without prejudice under 28 U.S.C. � 1367(c)(3). Signed by District Judge James D. Peterson on 3/21/2022. (voc) Related: [-]
Monday, December 13, 2021
31		31 respm Response to Proposed Findings of Fact Mon 12/13 12:18 PM Response to Proposed Findings of Fact filed by Defendants Dean Ellenbecker, School District of Athens re:10 Motion for Summary Judgment (Rousseau, Jenna) Related: [-]
30		30 respm Brief in Reply Mon 12/13 12:15 PM Brief in Reply by Defendants Dean Ellenbecker, School District of Athens in Support of10 Motion for Summary Judgment (Rousseau, Jenna) Related: [-]
29		29 respm Reply in Support of Proposed Findings of Fact Mon 12/13 12:13 PM Reply in Support of Proposed Findings of Fact filed by Defendants Dean Ellenbecker, School District of Athens re:10 Motion for Summary Judgment (Rousseau, Jenna) Related: [-]
Friday, December 03, 2021
28		28 respm Brief in Opposition Fri 12/03 5:23 PM Brief in Opposition by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment filed by School District of Athens, Dean Ellenbecker (Olson, Jeff) Related: [-]
Thursday, December 02, 2021
27		27 respm Declaration Thu 12/02 4:42 PM Declaration of Todd A. Barkow filed by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment (Olson, Jeff) Related: [-]
		Att: 1 Exhibit 11 - 2018 07 18 Dean Ellenbecker Email re Ball Field,
		Att: 2 Exhibit 17 - 2018 09 28 Email Exchange Dietrich Barkow re Complaints,
		Att: 3 Exhibit 23 - 2018 10 01 Email from Dietrich to Barkow with Dean E Screed
26		26 respm Proposed Findings of Fact Thu 12/02 4:33 PM Proposed Findings of Fact filed by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment (Olson, Jeff) Related: [-]
25		25 respm Response to Proposed Findings of Fact Thu 12/02 4:24 PM Response to Proposed Findings of Fact filed by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment (Olson, Jeff) Related: [-]
24		24 respm Declaration Thu 12/02 4:20 PM Declaration of Jeff Scott Olson filed by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment (Olson, Jeff) Related: [-]
		Att: 1 Exhibit 62, Defendant's Amended Discovery Responses
Tuesday, November 23, 2021
23		23 respm Declaration Tue 11/23 4:32 PM Declaration of Attorney Brian G. Formella filed by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment (Olson, Jeff) Related: [-]
		Att: 1 Exhibit 24 - 2018 10 01 Testimonial Letters,
		Att: 2 Exhibit 25 - 2018 10 02 Letter from Formella Requesting File and Response, Numbered,
		Att: 3 Exhibit 27 - 2018 10 03 Email from Formella to Dietrich re Administrative Leave,
		Att: 4 Exhibit 28 - 2018 10 16 Email from Dietrich re Meeting Date,
		Att: 5 Exhibit 42 - 2018 11 07 Email from Dietrich to Formella,
		Att: 6 Exhibit 46 - 2018 11 21 Letter from Formella to Dietrich re Deficiency List,
		Att: 7 Exhibit 51 - 2019 04 08 Letter Terminating Employment
Monday, November 22, 2021
22		22 misc Deposition Mon 11/22 8:06 PM Deposition of Todd A. Barkow taken on November 9, 2021 . (Olson, Jeff) Related: [-]
21		21 misc Deposition Mon 11/22 8:05 PM Deposition of Dean Ellenbecker taken on November 9, 2021 . (Olson, Jeff) Related: [-]
20		20 misc Deposition Mon 11/22 8:04 PM Deposition of Steve Janke taken on November 8, 2021 . (Olson, Jeff) Related: [-]
19		19 misc Deposition Mon 11/22 8:01 PM Deposition of Timothy Krueger taken on November 8, 2021 . (Olson, Jeff) Related: [-]
18		18 misc Deposition Mon 11/22 7:59 PM Deposition of Juli Gauerke-Peter taken on November 8, 2021 . (Olson, Jeff) Related: [-]
17		17 misc Deposition Mon 11/22 7:58 PM Deposition of Thomas Ellenbecker taken on November 8, 2021 . (Olson, Jeff) Related: [-]
16		16 misc Deposition Mon 11/22 7:57 PM Deposition of Beverly Braun taken on November 8, 2021 . (Olson, Jeff) Related: [-]
Friday, November 19, 2021
15		15 respm Declaration Fri 11/19 2:57 PM Declaration of Timothy A. Micke filed by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment (Olson, Jeff) Related: [-]
		Att: 1 Exhibit 1 - 2016 06 27 Memo from Micke to Barkow re Request to Review 2016-17 Contract,
		Att: 2 Exhibit 2 - 2016 06 27 Memo from Micke to Barkow re Texts and Emails,
		Att: 3 Exhibit 5 - 2017 05 18 Evaluation,
		Att: 4 Exhibit 7 - 2018 05 08 Evaluation,
		Att: 5 Exhibit 10 - 2018 07 10 Employment Contract for 2018-2019,
		Att: 6 Exhibit 14 - 2018 08 09 Email from Ellenbecker to School District,
		Att: 7 Exhibit 15 - 2018 08 09 emails re Water Issue,
		Att: 8 Exhibit 42 - 2018 11 07 Email from Dietrich to Formella with List of Deficiencies and Expectations,
		Att: 9 Exhibit 51 - 2019 04 08 Letter Terminating Employment,
		Att: 10 Exhibit 60 - 2019 03 14 Barkow Performance Evaluation by Micke
14		14 respm Declaration Fri 11/19 2:45 PM Declaration of Tess Barkow filed by Plaintiff Todd A. Barkow re:10 Motion for Summary Judgment (Olson, Jeff) Related: [-]
Monday, November 15, 2021
13		13 respm Proposed Findings of Fact Mon 11/15 4:45 PM Proposed Findings of Fact filed by Defendants Dean Ellenbecker, School District of Athens re:10 Motion for Summary Judgment (Rousseau, Jenna) Related: [-]
12		12 respm Affidavit Mon 11/15 4:42 PM Affidavit of Tony J. Renning filed by Defendants Dean Ellenbecker, School District of Athens re:10 Motion for Summary Judgment (Rousseau, Jenna) Related: [-]
		Att: 1 Exhibit Employment Contract
11		11 respm Brief in Support Mon 11/15 4:39 PM Brief in Support of10 Motion for Summary Judgment by Defendants Dean Ellenbecker, School District of Athens (Rousseau, Jenna) Related: [-]
10		10 motion Summary Judgment Mon 11/15 4:37 PM MOTION FOR SUMMARY JUDGMENT by Defendants Dean Ellenbecker, School District of Athens. Brief in Opposition due 12/6/2021. Brief in Reply due 12/16/2021. (Rousseau, Jenna) Related: [-]
Wednesday, March 10, 2021
9		9 order Pretrial Conference Order Wed 03/10 2:42 PM Pretrial Conference Order -[LINK:Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson] attached. Amendments to Pleadings due 4/16/2021. Dispositive Motions due 11/15/2021. Settlement Letters due 3/25/2022. Motions in Limine due 4/1/2022. Responses due 4/15/2022. Final Pretrial Conference set for 4/27/2022 at 4:00 PM. Jury Selection and Trial set for 5/2/2022 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/10/2021. (kwf) Related: [-]
		minutes Telephone Preliminary Pretrial Conference Wed 03/10 1:47 PM Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 3/2/2021 [:10] (cak) Related: [-]
Thursday, February 25, 2021
8		8 misc Report of Rule 26(f) Planning Meeting Thu 02/25 11:28 AM Monthly Report of Rule 26(f) Planning Meeting (Olson, Jeff) Related: [-]
Thursday, February 18, 2021
		utility Add and Terminate Judges Thu 02/18 9:46 AM Judge update in case. Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) Related: [-]
Wednesday, February 17, 2021
		misc Action Requested: MJ Consent Form Wed 02/17 8:44 AM Action Requested: If you have not already provided your[LINK:Consent to Magistrate/Request for Reassignment form] , please do so by 2/19/2021. (lak) Related: [-]
Friday, January 22, 2021
		utility Set Pretrial or Status Conference Fri 01/22 2:10 PM Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/2/2021 at 2:00 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] (kwf) Related: [-]
Thursday, January 21, 2021
7		7 answer Answer to Complaint Thu 01/21 4:46 PM ANSWER by Defendant School District of Athens. (Rousseau, Jenna) Related: [-]
6		6 answer Answer to Complaint Thu 01/21 4:45 PM ANSWER by Defendant Dean Ellenbecker. (Rousseau, Jenna) Related: [-]
Wednesday, December 23, 2020
5		5 notice Notice of Appearance Wed 12/23 9:03 AM Notice of Appearance filed by Tony Renning for Defendant School District of Athens. Related [+] Related: [-] nning, Tony
4		4 notice Notice of Appearance Wed 12/23 8:49 AM Notice of Appearance filed by Jenna E. Rousseau for Defendants Dean Ellenbecker, School District of Athens. (Rousseau, Jenna) Related: [-]
Monday, December 21, 2020
3		3 service Waiver of Service Executed Mon 12/21 5:49 PM Waiver of Service Returned Executed by Defendant Dean Ellenbecker. Dean Ellenbecker waiver sent on 11/23/2020, answer due 1/22/2021. (Olson, Jeff) Related: [-]
2		2 service Waiver of Service Executed Mon 12/21 5:48 PM Waiver of Service Returned Executed by Defendant School District of Athens. School District of Athens waiver sent on 11/23/2020, answer due 1/22/2021. (Olson, Jeff) Related: [-]
Tuesday, November 24, 2020
		utility Add Judge for Shell Case Opening Tue 11/24 8:21 AM Case randomly assigned to Magistrate Judge Stephen L. Crocker. (kwf) Related: [-]
		utility Standard Attachments Sent Tue 11/24 8:22 AM Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service:[LINK:Corporate Disclosure Statement] ,[LINK:Order Regarding Assignment of Cases] ,[LINK:Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment] ,[LINK:Order on Dispositive Motions] . (kwf) Related: [-]
Monday, November 23, 2020
1		1 cmp Complaint Mon 11/23 2:57 PM COMPLAINT against All Defendants. Service to be completed by Waiver of Service of Summons. ( Filing fee $ 400 receipt number 0758-2787558.), filed by Todd A. Barkow. (Olson, Jeff) Related: [-]
		Att: 1 JS-44 Civil Cover Sheet

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