140 results for 'court:"USDC Eastern District of Wisconsin"'.
J. Ludwig finds in favor of Verizon in its dispute with the city over permits Verizon seeks to build telecommunications equipment to improve its service in the public plaza outside of the Fiserv Forum, home of the NBA's Milwaukee Bucks. Evidence in the record supports the notion that the city's "pretextual" reasons for denying Verizon the disputed permits, including because the city was trying to arrange a deal with a private partner associated with the public plaza that wants its own alternative telecommunications system, violated the federal Telecommunications Act and state law. The city is ordered to issue to Verizon the six permits in question within seven days of this order, in part because Verizon risks irreparable reputational harm if it cannot get its system up and running by the time of the Republican National Convention in the city in July of this year.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: January 29, 2024, Case #: 2:23cv1581, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Government, Injunction
J. Duffin partially grants the public schools district officials' motion to dismiss a lawsuit from a former employee claiming she was targeted for retaliation and discrimination as a white woman because she opposed the promotion of an unqualified Black male to the position of chief academic officer. The employee's claims under the Fair Labor Standards Act and a Wisconsin labor statute are dismissed, as are her constitutional claims against the district and members of the district's board of directors in their official capacities. Her federal-law race and sex discrimination claims, public records claims against the district and the board, and a First Amendment claim against one board member in her individual capacity survive the motion to dismiss.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 19, 2024, Case #: 2:23cv948, NOS: Fair Labor Standards Act - Labor, Categories: Due Process, Employment Discrimination, Employment Retaliation
J. Stadtmueller denies Giannis Antetokounmpo's motion for a protective order in his lawsuit in part alleging that the mattress company made fraudulent representations about four mattresses he ordered delivered to Athens, Greece, and that the company used his name and likeness as a popular professional basketball player on its Instagram account without his consent. Antetokounmpo has provided no burdens or other circumstances that would prohibit depositions the company has requested from him and his partner regarding venue and jurisdiction, so the depositions will proceed, but they should be limited to two hours per deposition.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: January 18, 2024, Case #: 2:23cv1389, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J. Stadtmueller finds the employee can proceed with the Title VII race discrimination and retaliation claims in his lawsuit against the chemical technology company claiming he was fired for complaining about pervasive discrimination, hostility and harassment he faced at work. The employee's motion to proceed without pre-paying the filing fee is granted, and he is given until January 12, 2024, to file notice of whether he intends to serve the company on his own or through the U.S. Marshals Service.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: December 29, 2023, Case #: 2:23cv1499, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Stadtmueller finds that, because the smoke shop has not responded to the glass pipe accessory company's complaint alleging the shop sold counterfeit versions of the company's products, the company's motion for default judgment must be granted. The company is awarded $75,000 in damages plus $1,028 in costs, an injunction is entered ordering the shop to provide any advertisements, products or other materials bearing the company's trademark to the company for destruction, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: December 29, 2023, Case #: 2:23cv780, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Ludwig finds in favor of the bank in its dispute with a towing company over the repossession of two of the company's trucks after it defaulted on its loan payments. In part because the facts are undisputed that the company breached its contracts with the bank and the company has failed to show the bank failed to mitigate damages by offering the company a third chance to modify its loans, the bank's motion for summary judgment is granted.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 29, 2023, Case #: 2:21cv1163, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Joseph grants the joint motion to lift a stay in the pension fund's lawsuit claiming unpaid contributions from the general contractor. The general contractor's motion to enforce the parties' previous settlement agreement to bar the fund from filing a new complaint is denied, but the fund's motion to file a third amended complaint is also denied, as it untimely seeks to add a new claim unrelated to the central claim regarding contributions to the fund for hours worked by the contractor's employees. The parties are ordered to confer on a discovery plan to explore whether the contractor's employees were performing work covered by the collective bargaining agreement from June 1, 2020, through December 31, 2021, and they are ordered to submit a joint letter regarding the plan to the court by January 8, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: December 21, 2023, Case #: 2:22cv1299, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. Joseph denies the school district and superintendent's motion to dismiss a lawsuit from a teacher claiming she was fired for objecting in her personal capacity to elementary school students being prohibited from singing "Rainbowland" by Miley Cyrus and Dolly Parton at a school concert because of a school board policy banning "controversial issues" in the classroom. The teacher has sufficiently alleged her First Amendment retaliation claims against both the district and the superintendent to survive the motion to dismiss, and the superintendent is not entitled to qualified immunity at this time.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: December 20, 2023, Case #: 2:23cv1169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Duffin denies the equipment rental company's motion to dismiss counterclaims and a third-party complaint in its lawsuit against the construction machinery manufacturer, in which both parties allege multiple breaches of agreements involved with the company being the distributor of the manufacturer's products in Florida, Georgia and Louisiana. The manufacturer's unjust enrichment, breach of contract and breach of guaranty counterclaims will all move forward, in part due to unresolved questions regarding the validity of contracts underlying the claims.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: December 14, 2023, Case #: 2:22cv777, NOS: Other Contract - Contract, Categories: Contract
J. Pepper denies without prejudice the consumer's motion for contempt against a non-party cryptocurrency exchange platform in his lawsuit against three unknown individuals he claims scammed him in a cryptocurrency scheme, in part because he has not properly served the platform with a subpoena. The consumer's motions for leave to issue additional discovery and for an extension of time to serve the individuals are granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: December 13, 2023, Case #: 2:22cv982, NOS: Other Contract - Contract, Categories: Contempt, Fraud, Contract
[Consolidated] J. Griesbach grants motions from Sysco and a transportation company to dismiss claims against them in the motorists' lawsuit over a car accident with a truck driver which caused them serious injuries. Given the effects of a recent Seventh Circuit decision, the motorists' amended complaint fails to state a claim against Sysco and the company under which they can be held liable for negligent hiring, loss of consortium and other claims, in part due to findings from the Seventh Circuit about the statutory scheme of the Federal Aviation Administration Authorization Act which renders claims against them preempted and the relevant statutes of limitations.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: December 5, 2023, Case #: 1:20cv1291, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Ludwig finds for the insurance company in a coverage dispute between itself, a third-party insurance company and a manufacturer that sustained severe damages to its Nashville warehouse and losses of inventory due to historic flooding in 2021. The insurance company's motion for summary judgment is granted, as the pollution exclusion clause under the excess liability policy it issued to the manufacturer clearly precludes coverage of the costs of cleaning up "pollutant" debris from the flood, leaving it no duty to indemnify. The third-party insurance company and manufacturer's motions for summary judgment are partially granted, in part because the third-party company's policy with the manufacturer covers debris clean-up costs of up to $10 million regardless of distance from the warehouse.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 1, 2023, Case #: 2:21cv1018, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv901, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv778, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv745, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv751, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $597 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv696, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv785, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv897, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $1,001 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv748, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $931 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv750, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds the glass pipe company's trademark infringement lawsuit alleging the smoke shop sold counterfeit versions of its glass pipe accessory products is supported by adequate evidence, and because the shop has not appeared to defend itself in the lawsuit, the company's motion for default judgment is granted. The company is awarded $75,000 in damages for infringement of the three disputed marks, plus $862 in costs, a permanent injunction is entered banning the smoke shop from its infringing activities, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv697, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $912 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv743, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $931 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv701, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds in favor of U.S. Bank and the attorneys and other individuals sued by the church and church members claiming they had funds in a U.S. Bank account fraudulently frozen or garnished, in part violating federal debt collection law. U.S. Bank and one individual named in the church's complaint are dismissed from the action, as the complaint does not allege specific federal claims against them and the court does not have personal jurisdiction over them. In part because the complaint's allegations against the attorneys and other individuals are too vague and the complaint incorrectly lists violations of multiple criminal statutes, the church is given until December 29, 2023, to file a document showing cause why the remainder of the parties and allegations in the suit should not be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 27, 2023, Case #: 2:23cv1120, NOS: Other Civil Rights - Civil Rights, Categories: Debt Collection, Contract
J. Pepper grants the citizen's motion to proceed without pre-paying the filing fee in his lawsuit alleging the county caused false charges to be brought against him in violation of his constitutional rights. The citizen has until December 22, 2023, to file an amended complaint addressing the issues in his current complaint, including a vagueness of allegations and violations of specific constitutional rights by specific entities or individuals and a lack of clear claims for relief that properly trigger federal jurisdiction. His lawsuit will be dismissed if he does not file an amended complaint by the deadline.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 17, 2023, Case #: 2:23cv1185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Pepper grants the citizen's motion to proceed without pre-paying the filing fee in lawsuit in part alleging the property management company declined to lease him an apartment he applied for because he is Black and has a criminal conviction that is more than 20 years old. The citizen has adequately alleged the type of discrimination he faced, who discriminated against him and when, so his complaint can proceed and the U.S. Marshals Service is ordered to serve a copy of it to all the defendants in the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 17, 2023, Case #: 2:20cv1884, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Stadtmueller partially grants the estate administrator's motion to admit testimony from a policing expert in a lawsuit against the city and police officers over a citizen's death when the driver of a stolen car the officers were pursuing crashed into the citizen's car. The administrator's expert will be permitted to proffer his opinion that officers should have discontinued their pursuit of the stolen car, as it is "more likely than not reliable and helpful," but the expert is barred from giving opinions on three other matters, including that the city police department's policies created an unreasonable danger. The administrator's motion to amend its expert's report is granted and its motion to correct a statement of stipulated facts is denied.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 8, 2023, Case #: 2:22cv320, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Wrongful Death, Police Misconduct