Hollis et al v. City of Milwaukee et al
| Wisconsin Eastern District Court | |
| Judge: | Nancy Joseph |
| Case #: | 2:23-cv-00413 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 29, 2023 |
| Terminated: | Dec 30, 2024 |
| Last checked: Friday Oct 13, 2023 10:53 AM CDT |
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Defendant
City of Milwaukee
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Represented By
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Defendant
Brandon Rutherford
749 W. State St.
Milwaukee, WI 53233 |
Represented By
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Defendant
Jane Roe
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Defendant
John Roe
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Plaintiff
Nakia Hollis
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Represented By
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Plaintiff
Dijon Marks-Hollis
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Represented By
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Plaintiff
C. C.
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Represented By
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Plaintiff
L. M.
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Kedria Donaldson
Terminated: 07/19/2023
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| Docket last updated: 02/04/2025 11:59 PM CST |
| Tuesday, January 28, 2025 | ||
| 43 | 43
appeal
USCA Case Number
Tue 01/28 11:58 AM
USCA Case Number 25-1135 USCA re:40 Notice of Appeal filed by Dijon Marks-Hollis, Nakia Hollis, C. C., L. M.. (ams) |
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| 42 | 42
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Tue 01/28 10:00 AM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re40 Notice of Appeal. (ams) |
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| 41 | 41
appeal
Attorney Cover Letter
Tue 01/28 9:41 AM
Attorney Cover Letter re:40 Notice of Appeal(ams) |
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Att: 1
Docket Sheet
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| Monday, January 27, 2025 | ||
| 40 | 40
appeal
Notice of Appeal
Mon 01/27 12:12 PM
NOTICE OF APPEAL as to38 Order on Motion for Summary Judgment, by All Plaintiffs. Filing Fee PAID $605, receipt number AWIEDC-4869532 (cc: all counsel) (Stern, Walter) |
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| Monday, December 30, 2024 | ||
| 39 | 39
order
Judgment
Mon 12/30 3:23 PM
JUDGMENT signed by Deputy Clerk, and approved as to form by Magistrate Judge Nancy Joseph on 12/30/2024. (cc: all counsel)(rcm) |
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| 38 | 38
13
pgs
order
Order on Motion for Summary Judgment
Mon 12/30 3:05 PM
DECISION AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT signed by Magistrate Judge Nancy Joseph on 12/30/2024. IT IS ORDERED that the defendants' motion for summary judgment (Docket #28 ) is GRANTED. Plaintiffs' complaint is dismissed. IT IS FURTHER ORDERED that the clerk of court will enter judgment accordingly. (cc: all counsel)(rcm) |
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| Monday, November 18, 2024 | ||
| 37 | 37
misc
Declaration
Mon 11/18 4:21 PM
DECLARATION of Trent Little (Muche, Clint) |
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| 36 | 36
respm
Reply Brief in Support of Motion
Mon 11/18 4:20 PM
REPLY BRIEF in Support filed by City of Milwaukee, Brandon Rutherford re28 MOTION for Summary Judgment . (Muche, Clint) |
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| Saturday, November 02, 2024 | ||
| 35 | 35
respm
Response (Non-Motion)
Sat 11/02 1:00 PM
RESPONSE filed by All Plaintiffs to Proposed Finding of Fact (Stern, Walter) |
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| 34 | 34
respm
Response to Motion
Sat 11/02 12:58 PM
RESPONSE to Motion filed by All Plaintiffs re28 MOTION for Summary Judgment . (Stern, Walter) |
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| Monday, October 07, 2024 | ||
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order
Order Approving Stipulation
Mon 10/07 11:15 AM
TEXT ONLY ORDER Approving Stipulation33 filed by Dijon Marks-Hollis, Nakia Hollis, C. C., L. M. signed by Magistrate Judge Nancy Joseph on 10/7/2024. (cc: all counsel)(llc) |
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| Friday, October 04, 2024 | ||
| 33 | 33
misc
Stipulation
Fri 10/04 10:43 AM
STIPULATION Extending Time to Respond by All Plaintiffs. (Stern, Walter) |
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| Tuesday, September 10, 2024 | ||
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misc
Electronic Exhibit(s)
Tue 09/10 4:14 PM
Exhibits 1-5 to31 Declaration (NOT AVAILABLE ON PACER; Exhibits contained on flash drive stored in clerk's office; exhibits are electronically stored ) (rcm) |
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| Monday, September 09, 2024 | ||
| 32 | 32
misc
Declaration
Mon 09/09 8:16 PM
DECLARATION of CLINT MUCHE IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT(Muche, Clint) |
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Att: 1
Chapter 349 DOC,
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Att: 2
Stucker Report,
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Att: 3
MPD Incident Report,
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Att: 4
Roberson Report,
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Att: 5
Van Ells Report,
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Att: 6
Hallmark Report,
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Att: 7
MPD Arrest History,
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Att: 8
Rutherford Deposition,
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Att: 9
Casey Report,
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Att: 10
Guth Report,
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Att: 11
Hollis Deposition
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| 31 | 31
misc
Declaration
Mon 09/09 8:12 PM
DECLARATION of ALAN D. CARSKY IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT(Muche, Clint) |
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Att: 1
Ex 1 - District 7 CC Video,
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Att: 2
Ex 2 - Interview Room Video,
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Att: 3
Ex 3 - Langer BWC,
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Att: 4
Ex 4 - Kotnik BWC,
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Att: 5
Ex 5 - Squad Video,
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Att: 6
Ex 6 - CAD Sheet,
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Att: 7
Ex 7 - Probable Cause Statement,
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Att: 8
Ex 8 - Arrest Detention Report,
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Att: 9
Ex 9 - Medical Questionnaire,
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Att: 10
Ex 10 - Inmate Property Receipt,
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Att: 11
Ex 11 - Daily Cell Check Logs,
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Att: 12
Ex 12 - SOP 090
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| 30 | 30
trial
Proposed Findings of Fact
Mon 09/09 8:06 PM
Proposed Findings of Fact by City of Milwaukee, Brandon Rutherford (Muche, Clint) |
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| 29 | 29
respm
Brief in Support of Motion
Mon 09/09 8:04 PM
BRIEF in Support filed by City of Milwaukee, Brandon Rutherford re28 MOTION for Summary Judgment . (Muche, Clint) |
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| 28 | 28
motion
Summary Judgment
Mon 09/09 8:03 PM
MOTION for Summary Judgment by City of Milwaukee, Brandon Rutherford. (Muche, Clint) |
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| Wednesday, August 14, 2024 | ||
| 27 | 27
misc
Letter
Wed 08/14 7:02 AM
LETTER from Attorney Walter W. Stern III re Cancelation of Mediation . (Stern, Walter) |
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notice
Notice of Cancellation of Hearing
Wed 08/14 8:19 AM
NOTICE of Cancellation of Hearing. The Mediation set for August 21, 2024 before Magistrate William E. Duffin has been cancelled. (cc: all counsel) (mlm) |
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utility
Case No Longer Referred
Wed 08/14 8:19 AM
Case no longer referred to Magistrate Judge William E Duffin. (mlm) |
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| Monday, July 29, 2024 | ||
| 26 | 26
4
pgs
order
Order ~Util - Set/Reset Hearings
Mon 07/29 2:50 PM
ORDER RE MEDIATION signed by Magistrate Judge William E Duffin on 7/29/2024. Settlement Conference (non-public) set for 8/21/2024 09:00 AM in Courtroom 242, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Magistrate Judge William E Duffin. (See Order for Additional Dates/Instructions.) (cc: all counsel)(mlm) |
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| 25 | 25
minutes
Scheduling Conference
Mon 07/29 2:46 PM
Minute Entry for Telephonic Scheduling Conference held on 7/29/2024 before Magistrate Judge William E Duffin. Settlement Conference set for 8/21/2024 at 9:00 A.M., Courtroom 242, United States Courthouse, 517 E. Wisconsin Avenue, Milwaukee, Wisconsin. Mediation order to be issued. (Tape #9:00-9:15) (mlm) |
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| Monday, July 22, 2024 | ||
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notice
Notice of Hearing
Mon 07/22 9:07 AM
NOTICE of Hearing: Telephonic Scheduling Conference to schedule a Mediation date set for 7/29/2024 09:00 AM in by Telephone before Magistrate Judge William E Duffin. The parties shall call the courts conference line at 669-254-5252. When prompted, use meeting ID 160 9647 6949# and # again and then enter passcode 943682#. (cc: all counsel)(mlm) |
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| Friday, July 12, 2024 | ||
| 24 | 24
1
pgs
order
Order Referring Case to Magistrate Judge
Fri 07/12 1:29 PM
ORDER REFERRING CASE to Magistrate Judge William E Duffin for Mediation signed by Magistrate Judge Nancy Joseph on 7/12/2024. (cc: all counsel)(llc) |
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| 23 | 23
misc
Request
Fri 07/12 9:11 AM
REQUEST by All Plaintiffs for Mediation. (Stern, Walter) |
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| Monday, July 01, 2024 | ||
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order
Order on Motion for Extension of Time
Mon 07/01 9:49 AM
TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 7/1/2024 granting22 Motion for Extension of Time. Discovery due by 7/8/2024; Motions due by 9/9/2024. (cc: all counsel)(llc) |
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| Friday, June 28, 2024 | ||
| 22 | 22
motion
Extension of Time
Fri 06/28 9:30 AM
Joint MOTION for Extension of Time to Amended Scheduling Order by All Plaintiffs. (Stern, Walter) |
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| Monday, February 05, 2024 | ||
| 21 | 21
answer
Answer to Amended Complaint
Mon 02/05 9:51 AM
ANSWER to18 Amended Complaint with Jury Demand by City of Milwaukee, Brandon Rutherford.(Muche, Clint) |
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| Monday, January 29, 2024 | ||
| 20 | 20
order
Scheduling Order
Mon 01/29 9:27 AM
AMENDED SCHEDULING ORDER signed by Magistrate Judge Nancy Joseph on 1/29/2024. (cc: all counsel)(llc) |
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| Thursday, January 25, 2024 | ||
| 19 | 19
misc
Letter
Thu 01/25 11:29 AM
LETTER from Attorney Clint Muche re: Text-Only Order to Set/Reset Deadlines . (Muche, Clint) |
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| Tuesday, January 23, 2024 | ||
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misc
Notice of Electronic Filing Error
Tue 01/23 8:30 AM
NOTICE of Electronic Filing Error re18 Amended Complaint filed by Dijon Marks-Hollis, Nakia Hollis, C. C., L. M. ; All attachments to documents should include a brief description of the attachment - Ex A-Initial Contract, Ex B-Doe Deposition, Ex C-2006 Sales Figures, etc. This document does not need to be refiled .; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (rcm) |
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| Monday, January 22, 2024 | ||
| 18 | 18
cmp
Amended Complaint
Mon 01/22 6:43 PM
AMENDED COMPLAINT with Jury Demand against All Defendants filed by Dijon Marks-Hollis, L. M., Nakia Hollis, C. C..(Stern, Walter) |
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Att: 1
Exhibit A
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| 17 | 17
misc
Stipulation
Mon 01/22 11:29 AM
STIPULATION re Extension of Deadlines by All Plaintiffs. (Stern, Walter) |
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order
Order Approving Stipulation
Mon 01/22 1:49 PM
TEXT ONLY ORDER Approving17 Stipulation filed by Dijon Marks-Hollis, Nakia Hollis, C. C., L. M. signed by Magistrate Judge Nancy Joseph on 1/22/2024. (cc: all counsel)(llc) |
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utility
Set/Reset Deadlines
Mon 01/22 1:52 PM
Set/Reset Deadlines: Amended Pleadings due by 1/27/2024; Discovery due by 3/30/2024; Plaintiffs Expert Witness List due by 3/30/2024 (llc) |
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| Tuesday, August 15, 2023 | ||
| 16 | 16
order
Scheduling Order
Tue 08/15 10:52 AM
SCHEDULING ORDER signed by Magistrate Judge Nancy Joseph on 8/15/2023. Plaintiffs Expert Witness List due by 1/15/2024, Discovery due by 2/1/2024, Defendants Expert Witness List due by 2/15/2024, Summary Judgment Motions due by 4/15/2024. (cc: all counsel)(rcm) |
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| 15 | 15
minutes
Scheduling Conference ~Util - Set/Reset Deadlines
Tue 08/15 10:26 AM
Minute Entry for Rule 16 Scheduling Conference held before Magistrate Judge Nancy Joseph on 8/15/2023: Court adopted proposed deadlines. Plaintiffs Expert Witness List due by 1/15/2024, Discovery due by 2/1/2024, Defendants Expert Witness List due by 2/15/2024, Summary Judgment Motions due by 4/15/2024. (Court Reporter Zoom Audio) (rcm) |
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| Thursday, August 10, 2023 | ||
| 14 | 14
misc
Report of Rule 26(f) Plan
Thu 08/10 12:13 PM
JOINT REPORT of Rule 26(f) Plan AMENDED 8/10/2023 by City of Milwaukee, Brandon Rutherford. (Muche, Clint) |
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| Monday, July 24, 2023 | ||
| 13 | 13
notice
Notice of Hearing
Mon 07/24 1:41 PM
NOTICE of Hearing: Rule 16 Scheduling Conference set for 8/15/2023 at 10:00 AM via Zoom before Magistrate Judge Nancy Joseph. Rule 26 Discovery Plan due by 8/11/2023 (cc: all counsel)(rcm) |
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misc
Notice of Electronic Filing Error
Mon 07/24 9:25 AM
NOTICE of Electronic Filing Error re12 Disclosure Statement filed by Dijon Marks-Hollis, Nakia Hollis, C. C., L. M. ; Certain discovery documents should not be filed. Please see Fed. R. Civ. P. 5(d) for further information. The document has been replaced with a copy of Rule 5. Discovery documents should be served on opposing counsel in paper format; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (rcm) |
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notice
Notice of Hearing Via Zoom
Mon 07/24 1:45 PM
ZOOM INFORMATION for Rule 16 Scheduling Conference set for 8/15/2023 at 10:00am before Magistrate Judge Nancy Joseph. [LINK:Click here to Join ZoomGov Meeting] Meeting ID: 160 840 3698 and Password: 328033 Dial in:[LINK:+1-669-254-5252] or[LINK:+1-646-828-7666] (cc: all counsel) (rcm) |
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| Sunday, July 23, 2023 | ||
| 12 | 12
misc
Disclosure Statement
Sun 07/23 6:20 PM
DISCLOSURE Statement by All Plaintiffs. (Stern, Walter) |
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| Thursday, July 20, 2023 | ||
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utility
Consent to Magistrate Judge Jurisdiction
Thu 07/20 10:13 AM
Consent to Magistrate Judge Jurisdiction (rcm) |
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| Wednesday, July 19, 2023 | ||
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order
Order on Motion to Dismiss Party
Wed 07/19 9:46 AM
TEXT ONLY ORDER signed by Magistrate Judge Nancy Joseph on 7/19/2023 granting11 Motion to Dismiss Party Party. Kedria Donaldson terminated. (cc: all counsel)(llc) |
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| Tuesday, July 18, 2023 | ||
| 11 | 11
motion
Dismiss Party
Tue 07/18 4:37 PM
Unopposed MOTION to Dismiss Party Kedria Donaldson by All Plaintiffs. (Stern, Walter) |
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| Friday, June 23, 2023 | ||
| 10 | 10
misc
Report of Rule 26(f) Plan
Fri 06/23 10:02 AM
JOINT REPORT of Rule 26(f) Plan by All Plaintiffs. (Stern, Walter) |
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| Tuesday, June 06, 2023 | ||
| 9 | 9
misc
Consent/Refusal to Jurisdiction by US Magistrate Judge
Tue 06/06 11:25 AM
Magistrate Judge Jurisdiction Form filed by City of Milwaukee, Brandon Rutherford. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Muche, Clint) |
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| Monday, June 05, 2023 | ||
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notice
Notice by Clerk to Counsel Re Consent to Magistrate
Mon 06/05 8:35 AM
NOTICE from the clerk to City of Milwaukee, Brandon Rutherford requesting that the Consent/Refusal form to Magistrate Judge Nancy Joseph be filed within 21 days; the form is available[LINK:here] . (rcm) |
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| Friday, June 02, 2023 | ||
| 8 | 8
answer
Answer to Complaint
Fri 06/02 2:18 PM
Defendants' ANSWER to1 Complaint with Jury Demand and Affirmative Defenses by City of Milwaukee, Brandon Rutherford.(Muche, Clint) |
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| 7 | 7
notice
Notice of Appearance
Fri 06/02 2:15 PM
NOTICE of Appearance by Clint B Muche on behalf of City of Milwaukee, Brandon Rutherford. Attorney(s) appearing: Clint Muche (Muche, Clint) |
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| Saturday, April 29, 2023 | ||
| 6 | 6
service
Waiver of Service Executed
Sat 04/29 9:42 AM
WAIVER OF SERVICE Returned Executed by Brandon Rutherford - Waiver sent on 4/19/2023. (Stern, Walter) |
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| Thursday, April 20, 2023 | ||
| 5 | 5
service
Waiver of Service Executed
Thu 04/20 8:50 AM
WAIVER OF SERVICE Returned Executed by City of Milwaukee - Waiver sent on 4/12/2023. (Stern, Walter) |
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| Friday, March 31, 2023 | ||
| 4 | 4
misc
Disclosure Statement
Fri 03/31 11:49 AM
DISCLOSURE Statement by All Plaintiffs. (Stern, Walter) |
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| 3 | 3
misc
Consent/Refusal to Jurisdiction by US Magistrate Judge
Fri 03/31 11:28 AM
Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Stern, Walter) |
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misc
Case Opening Modification
Fri 03/31 9:53 AM
Case Opening Modification(s); The following modification(s) have been made to your case entry: The cause of action chosen has been modified. The county code has been modified - please remember to choose the county for the first named plaintiff. The jury demand has been modified - please remember to verify that a jury demand is included in the initiating document. One or more party names have been modified - please remember to follow the Party Name Guidelines found on our website. ; Please refer to the[LINK:attorney case opening instructions] , the[LINK:summons instructions] and the[LINK:party name guidelines found in the user manual] for further guidance (rcm) |
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| Thursday, March 30, 2023 | ||
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notice
Notice of Judge Assignment
Thu 03/30 11:31 AM
NOTICE Regarding assignment of this matter to Magistrate Judge Nancy Joseph; Consent/refusal forms for Magistrate Judge Joseph 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. (jcl) |
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service
Summons Issued
Thu 03/30 11:36 AM
Summons Issued as to All Defendants (jcl) |
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| Wednesday, March 29, 2023 | ||
| 2 | 2
misc
Request for Issuance of Summons
Wed 03/29 5:27 PM
REQUEST for Issuance of Summons by All Plaintiffs(Stern, Walter) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Civil Cover Sheet
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| 1 | 1
cmp
Complaint
Wed 03/29 5:24 PM
COMPLAINT with Jury Demand; against All Defendants by Nakia Hollis, Dijon Marks-Hollis. ( Filing Fee PAID $402 receipt number AWIEDC-4362783)(Stern, Walter) |
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Att: 1
Exhibit A - Autopsy Report
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