Florek et al v. Bedora et al
| Wisconsin Eastern District Court | |
| Judge: | William C Griesbach |
| Case #: | 1:23-cv-00122 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jan 30, 2023 |
| Terminated: | Feb 29, 2024 |
| Last checked: Saturday Jul 29, 2023 3:43 AM CDT |
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Defendant
Michaela Bedora
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Represented By
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Defendant
City of Neenah
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Represented By
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Plaintiff
Megan Florek
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Represented By
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Plaintiff
Timothy Florek
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Represented By
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| 1. | Federal lawsuit says Neenah yard sign ordinance is unconstitutional (wbay.com) |
| Submitted Tue 01/31/2023 | |
| Docket last updated: 11/22/2024 11:59 PM CST |
| Thursday, February 29, 2024 | ||
| 44 | 44
order
Judgment
Thu 02/29 4:21 PM
JUDGMENT signed by Deputy Clerk and approved by Judge William C Griesbach on 2/29/2024. (cc: all counsel) (kwf) |
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| 43 | 43
respm
Brief in Opposition to Motion
Thu 02/29 4:17 PM
SUR-REPLY BRIEF in Opposition filed by Megan Florek, Timothy Florek re28 MOTION to Dismiss Due to Mootness . (kwf) |
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| 42 | 42
9
pgs
order
Order on Motion for Leave to File Order on Motion for Summary Judgment Order on Motion to Dismiss
Thu 02/29 4:09 PM
DECISION AND ORDER signed by Judge William C Griesbach on 2/29/2024. Absent a completed injury and given the repeal of the offending ordinance, this case is moot. Defendants' motion to dismiss for lack of jurisdiction (Dkt. No.28 ) is therefore GRANTED. Plaintiffs' motion for summary judgment (Dkt. No.25 ) is DENIED. Plaintiffs' motion for leave to file a surreply brief (Dkt. No.38 ) is GRANTED. The Clerk is directed to detach and e-file the sur-reply (Dkt. No.38 -1). Defendants' motion for leave to supplement their reply brief is GRANTED (Dkt. No.40 ). The case is DISMISSED for lack of a justiciable controversy. The Clerk is directed to enter judgment forthwith. (cc: all counsel) (Griesbach, William) |
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| Friday, October 13, 2023 | ||
| 41 | 41
misc
Declaration
Fri 10/13 2:44 PM
DECLARATION of David Rashid(Truesdale, Ryan) |
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Att: 1
Signs Repealed and Replaced
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| 40 | 40
motion
Leave to File Document
Fri 10/13 2:41 PM
MOTION for Leave to File Supplemental Reply Brief by Michaela Bedora, City of Neenah. (Truesdale, Ryan) |
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| Tuesday, October 10, 2023 | ||
| 39 | 39
respm
Brief in Opposition to Motion
Tue 10/10 3:37 PM
BRIEF in Opposition filed by Michaela Bedora, City of Neenah re38 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss . (Truesdale, Ryan) |
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| Tuesday, October 03, 2023 | ||
| 38 | 38
motion
Leave to File Document
Tue 10/03 12:26 PM
MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss by All Plaintiffs.(Vebber, Lucas) |
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Att: 1
Plaintiffs' Surreply in Opposition to Defendants' Motion to Dismiss
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| Wednesday, September 27, 2023 | ||
| 37 | 37
misc
Declaration
Wed 09/27 3:59 PM
DECLARATION of David Rashid (Truesdale, Ryan) |
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| 36 | 36
respm
Reply Brief in Support of Motion
Wed 09/27 3:58 PM
REPLY BRIEF in Support filed by Michaela Bedora, City of Neenah re28 MOTION to Dismiss Due to Mootness . (Truesdale, Ryan) |
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| Thursday, September 14, 2023 | ||
| 35 | 35
respm
Response to Motion
Thu 09/14 3:44 PM
RESPONSE to Motion filed by All Plaintiffs re28 MOTION to Dismiss Due to Mootness . (Vebber, Lucas) |
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| 34 | 34
respm
Response (Non-Motion)
Thu 09/14 3:42 PM
RESPONSE filed by All Plaintiffs re32 Response to Motion, Response to Defendant's proposed findings of fact (Vebber, Lucas) |
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| 33 | 33
respm
Reply Brief in Support of Motion
Thu 09/14 3:34 PM
REPLY BRIEF in Support filed by All Plaintiffs re25 MOTION for Summary Judgment (Fast Track Summary Judgment Procedure) . (Vebber, Lucas) |
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| Thursday, August 31, 2023 | ||
| 32 | 32
respm
Response to Motion
Thu 08/31 4:19 PM
RESPONSE to Motion filed by All Defendants re25 MOTION for Summary Judgment (Fast Track Summary Judgment Procedure) Defendants Response to Plaintiffs Proposed Findings of Fact in Support of Their Motion for Summary Judgment . (Truesdale, Ryan) |
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| 31 | 31
respm
Brief in Opposition to Motion
Thu 08/31 4:16 PM
BRIEF in Opposition filed by All Defendants re25 MOTION for Summary Judgment (Fast Track Summary Judgment Procedure) Defendants Opposition to Plaintiffs Motion for Summary Judgment . (Truesdale, Ryan) |
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| 30 | 30
misc
Declaration
Thu 08/31 4:11 PM
DECLARATION of David Rashid Exhibit 1(Truesdale, Ryan) |
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Att: 1
Exhibit 1
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| 29 | 29
respm
Brief in Support of Motion
Thu 08/31 4:09 PM
BRIEF in Support filed by All Defendants re28 MOTION to Dismiss Due to Mootness Defendants Brief in Support of Their Motion To Dismiss Due to Mootness . (Truesdale, Ryan) |
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| 28 | 28
motion
Dismiss
Thu 08/31 4:07 PM
MOTION to Dismiss Due to Mootness by All Defendants. (Truesdale, Ryan) |
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| Tuesday, August 01, 2023 | ||
| 27 | 27
trial
Proposed Findings of Fact
Tue 08/01 2:13 PM
Proposed Findings of Fact by All Plaintiffs (Vebber, Lucas) |
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| 26 | 26
respm
Brief in Support of Motion
Tue 08/01 2:11 PM
BRIEF in Support filed by All Plaintiffs re25 MOTION for Summary Judgment (Fast Track Summary Judgment Procedure) .(Vebber, Lucas) |
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Att: 1
Appendix A - Neenah Code Chapter 24
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| 25 | 25
motion
Summary Judgment
Tue 08/01 2:08 PM
MOTION for Summary Judgment (Fast Track Summary Judgment Procedure) by All Plaintiffs. (Vebber, Lucas) |
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| Monday, June 05, 2023 | ||
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utility
Terminate Attorney - Notice Parties
Mon 06/05 3:07 PM
Attorney Kyle R Moore terminated. (kwf) |
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| Friday, June 02, 2023 | ||
| 24 | 24
notice
Notice of Withdrawal by Attorney
Fri 06/02 1:59 PM
NOTICE of Withdrawal by Ryan J Truesdale on behalf of Michaela Bedora, City of Neenah.Attorney Kyle R. Moore to be termed. (Truesdale, Ryan) |
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| 23 | 23
notice
Notice of Appearance
Fri 06/02 1:57 PM
NOTICE of Appearance by Ryan J Truesdale on behalf of Michaela Bedora, City of Neenah. Attorney(s) appearing: Ryan J. Truesdale (Truesdale, Ryan) |
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| Monday, May 08, 2023 | ||
| 22 | 22
order
Scheduling Order
Mon 05/08 11:06 AM
SCHEDULING ORDER signed on May 8, 2023. (cc: all counsel) (Griesbach, William) |
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| 21 | 21
minutes
Scheduling Conference ~Util - Set/Reset Deadlines
Mon 05/08 11:05 AM
Minute Entry for proceedings held before Judge William C Griesbach: Rule 16 Telephone Scheduling Conference held on 5/8/2023. Discovery due by 10/31/2023, Plaintiffs' Expert Witness List due by 8/7/2023, Defendants' Expert Witness List due by 9/18/2023, Motions due by 11/13/2023, and Rule 26(a) Initial Disclosures to be exchanged by 6/5/2023. (Tape #050823 Zoom) (jmk) |
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| Monday, May 01, 2023 | ||
| 20 | 20
misc
Report of Rule 26(f) Plan
Mon 05/01 3:12 PM
REPORT of Rule 26(f) Plan by All Defendants. (Moore, Kyle) |
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| Friday, April 07, 2023 | ||
| 19 | 19
notice
Notice of Hearing
Fri 04/07 2:10 PM
NOTICE of Hearing: Rule 16 Telephone Scheduling Conference set for 5/8/2023 09:00 AM before Judge William C Griesbach. The parties shall call the courts Zoom conference line at 669-254-5252 and use Meeting ID: 161 5758 9308 and Passcode: 519855 to join the call. To ensure a clear record of the hearing, participants should not use a speaker phone. Participants shall call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. If you have any questions, please contact the Clerks Office at 920-455-7381. (cc: all counsel) (lh) |
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| Thursday, April 06, 2023 | ||
| 18 | 18
order
Preliminary Injunction Order ~Util - Terminate Motions
Thu 04/06 5:15 PM
DECISION AND ORDER GRANTING3 Motion for Preliminary Injunction filed by Timothy Florek and Megan Florek, signed by Judge William C Griesbach on 04/06/2023. Defendants are immediately enjoined from enforcing the sign ordinance against Plaintiffs as to their "Dont Rezone Shattuck Middle School Leave R1 Alone" yard sign. The Clerk is directed to set the matter on the court's calendar for a Rule 16 telephonic scheduling conference. (cc: all counsel)(Griesbach, William) |
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| Monday, March 20, 2023 | ||
| 17 | 17
respm
Reply Brief in Support of Motion
Mon 03/20 4:02 PM
REPLY BRIEF in Support filed by All Plaintiffs re3 MOTION for Preliminary Injunction and Motion for Temporary Restraining Order . (Tolliver, Cara) |
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| Tuesday, March 07, 2023 | ||
| 16 | 16
misc
Disclosure Statement
Tue 03/07 12:08 PM
DISCLOSURE Statement by All Defendants. (Moore, Kyle) |
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| Monday, March 06, 2023 | ||
| 15 | 15
respm
Brief in Opposition to Motion
Mon 03/06 8:28 PM
BRIEF in Opposition filed by All Defendants re3 MOTION for Preliminary Injunction and Motion for Temporary Restraining Order . (Moore, Kyle) |
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| Monday, February 20, 2023 | ||
| 14 | 14
answer
Answer to Complaint
Mon 02/20 3:17 PM
ANSWER to1 Complaint, with Jury Demand by All Defendants.(Moore, Kyle) |
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| Thursday, February 02, 2023 | ||
| 13 | 13
minutes
Telephone Conference ~Util - Terminate Motions
Fri 02/03 8:23 AM
Minute Entry for proceedings held before Judge William C Griesbach: Telephone Conference held on 2/2/2023. Defendant has agreed to stay any enforcement of the ordinance pending the resolution of the preliminary injunction. Briefing schedule is as follows: Response due 3/6/2023 and Reply due 3/20/2023. (Tape #Zoom 020223) (lh) |
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| Wednesday, February 01, 2023 | ||
| 12 | 12
notice
Notice of Appearance
Wed 02/01 2:46 PM
NOTICE of Appearance by Joseph M Wirth on behalf of All Defendants. Attorney(s) appearing: Joseph M. Wirth (Wirth, Joseph) |
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| 11 | 11
notice
Notice of Appearance
Wed 02/01 2:22 PM
NOTICE of Appearance by Kyle R Moore on behalf of All Defendants. Attorney(s) appearing: Kyle R. Moore (Moore, Kyle) |
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| 10 | 10
misc
Certificate of Service
Wed 02/01 1:42 PM
CERTIFICATE OF SERVICE by All Plaintiffs Defendant City of Neenah served 1-31-23 (Vebber, Lucas) |
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| 9 | 9
misc
Certificate of Service
Wed 02/01 1:41 PM
CERTIFICATE OF SERVICE by All Plaintiffs Defendant Bedora served 1-31-23 (Vebber, Lucas) |
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| Tuesday, January 31, 2023 | ||
| 8 | 8
misc
Consent/Refusal to Jurisdiction by US Magistrate Judge
Tue 01/31 12:02 PM
Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Vebber, Lucas) |
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| 7 | 7
notice
Notice of Appearance
Tue 01/31 10:39 AM
NOTICE of Appearance by Cara Tolliver on behalf of All Plaintiffs. Attorney(s) appearing: Cara M. Tolliver (Tolliver, Cara) |
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| 6 | 6
notice
Notice of Appearance
Tue 01/31 10:38 AM
NOTICE of Appearance by Richard M Esenberg on behalf of All Plaintiffs. Attorney(s) appearing: Richard M. Esenberg (Esenberg, Richard) |
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service
Summons Issued
Tue 01/31 12:58 PM
Summons Issued as to All Defendants. (cav) |
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notice
Notice of Hearing
Tue 01/31 5:05 PM
NOTICE of Hearing: Telephone Conference to address3 MOTION for Preliminary Injunction and Motion for Temporary Restraining Order filed by All Plaintiffs. is set for 2/2/2023 11:30 AM in by Telephone before Judge William C Griesbach. The parties shall call the courts Zoom conference line at 669-254-5252 and use Meeting ID: 161 5758 9308 and Passcode: 519855 to join the call. To ensure a clear record of the hearing, participants should not use a speaker phone. Participants shall call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. (cc: all counsel)(lh) |
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| Monday, January 30, 2023 | ||
| 5 | 5
misc
Declaration
Mon 01/30 4:57 PM
DECLARATION of Timothy Florek in Support of Motions for Temporary Restraining Order and Preliminary Injunction(Vebber, Lucas) |
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Att: 1
Exhibit A - Initial Notice of Violation 01-09-23,
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Att: 2
Exhibit B - Letter in Response to Initial Notice 01-19-23,
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Att: 3
Exhibit C - Amended Notice of Violation 01-24-23
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| 4 | 4
respm
Brief in Support of Motion
Mon 01/30 4:54 PM
BRIEF in Support filed by All Plaintiffs re3 MOTION for Preliminary Injunction and Motion for Temporary Restraining Order .(Vebber, Lucas) |
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Att: 1
Appendix A - Neenah Code Chapter 24
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| 3 | 3
motion
Preliminary Injunction
Mon 01/30 4:52 PM
MOTION for Preliminary Injunction and Motion for Temporary Restraining Order by All Plaintiffs. (Vebber, Lucas) |
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| 2 | 2
misc
Disclosure Statement
Mon 01/30 4:48 PM
DISCLOSURE Statement by All Plaintiffs. (Vebber, Lucas) |
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| 1 | 1
14
pgs
cmp
Complaint
Mon 01/30 4:43 PM
COMPLAINT against All Defendants by Timothy Florek, Megan Florek. ( Filing Fee PAID $402 receipt number AWIEDC-4313007)(Vebber, Lucas) |
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Att: 1
Summons for Michaela Bedora,
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Att: 2
Summons for City of Neenah,
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Att: 3
Civil Cover Sheet
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notice
Notice of Judge Assignment
Tue 01/31 8:11 AM
NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available[LINK:here.] Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (cmb) |
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