38 results for 'judge:"Pepper"'.
J. Pepper denies the archdiocese's motion to dismiss a lawsuit from a former employee claiming she was fired after complaining about sexual harassment she faced at work, including her supervisor cornering her in her cubicle, putting his hand downs in pants and touching himself in front of her. The archdiocese's argument that the employee's complaint should be dismissed because it is time-barred fails, as she has adequately shown she filed her lawsuit within 90 days of receiving her right to sue letter as required by federal rules.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 16, 2023, Case #: 2:22cv1084, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Pepper grants the consumer's motion to remand to state court her lawsuit claiming the debt collector's dunning letter overstated the amount of her debt and made misleading statements about potential late charges and other fees. The consumer correctly argues that she lacks standing to bring her suit under federal rules because she has not suffered a concrete injury, so the court lacks subject-matter jurisdiction over her case. The consumer is awarded costs associated with filing her motion to remand, as the debt collector had no reasonably objective basis to remove the case in the first place.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 10, 2023, Case #: 2:23cv870, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Jurisdiction
J. Pepper grants the city's motion to remand back to the Racine Municipal Court a lawsuit involving two property owners claiming the city violated their constitutional rights in part by enforcing ordinances to remove or fix construction scaffolding in front of their property. Because there is no federal question presented in the case, there is no subject matter jurisdiction, and the case is remanded to the municipal court.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 31, 2023, Case #: 2:23cv452, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Property
J. Pepper orders the employee to file an amended complaint satisfying court requirements and more clearly explaining her claims against the containers company, which seem to allege she was subjected to a hostile work environment and retaliated against for complaining about discrimination employees of color faced at work, particularly in terms of being assigned to lesser tasks. The employee's motion to appoint counsel is denied without prejudice, in part because she has not proven she made reasonable efforts to find a lawyer, and her motion to proceed without prepaying the filing fee is granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 12, 2023, Case #: 2:23cv86, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Pepper finds in favor of the U.S. Secretary of the Interior and federal government in a lawsuit from a former employee of the U.S. Bureau of Land Management bringing multiple constitutional, criminal and common law claims alleging discrimination and harassment he faced at work. The employee's motion to consolidate this case with another related lawsuit in the same district, one of at least half a dozen pending federal cases he has filed making similar allegations, is denied as unjustified, as is his motion to transfer this case to the Western District of Texas. The employee's motion for an extension of time to respond to the government and secretary's motion to dismiss is partially granted, and he is given until September 15, 2023, to file an amended opposition to the motion to dismiss or notify the court that it can accept the first 30 pages of his February 23, 2023, opposition filing instead.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 11, 2023, Case #: 2:22cv721, NOS: Employment - Civil Rights, Categories: Civil Rights, Constitution, Employment Discrimination
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J. Pepper denies the employee's renewed but incomplete motion for class certification in his lawsuit against the produce company disputing nonpayment for work done during meal breaks of less than 30 minutes. In addition to denying the company's motion to reconsider a previous ruling on class certification and ordering the employee to file another certification motion following all applicable court rules, the employee's motion for summary judgment is denied and a new briefing schedule is established to allow him and the company to file revised briefs taking into account a recent Seventh Circuit decision dealing with similar issues of payment and meal breaks. Both parties are also admonished to stop bringing superfluous motions asking to file sur-reply briefs or to strike other filings, as they are clogging up the docket and will not be granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 19, 2023, Case #: 2:20cv1802, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Pepper adopts the magistrate judge’s recommendation to dismiss the daughter’s wrongful death and medical malpractice lawsuit against the hospital, hospice, nursing home and medical workers over the death of her mother, as well as alleged harassment and discrimination from her neighbors. Because none of the daughter’s claims coherently invoke federal law, her objections to the magistrate’s recommendation are overruled and the case is dismissed for failure to state a claim.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 13, 2023, Case #: 2:21cv1440, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Tort, Negligence, Medical Malpractice
J. Pepper denies the cheese company's motion to seal parts of the record in the employee's discrimination lawsuit where he alleges or implies the company uses illegal child labor and engaged in other criminal activity, including attempting to entice him with female minors. Although the employee is once again warned not to make these kinds of "irrelevant" and "inappropriate" allegations of criminal activity in his lawsuit, there is no basis under Seventh Circuit precedent to seal the documents as requested by the company, in part because they do not fit any of the three categories providing basis to seal and the company did not follow local rules by filing a redacted version of the documents they wish to have sealed. The employee is admonished that further violations of the court's rules and orders could result in sanctions.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 11, 2023, Case #: 2:18cv1335, NOS: Employment - Civil Rights, Categories: Civil Rights, Sanctions, Employment Discrimination