38 results for 'judge:"Pepper"'.
J. Pepper enters a default judgment in favor of the vape pen manufacturer in its lawsuit against the smoke shop accused of selling counterfeit vaporizers bearing the manufacturer's trademarks. The manufacturer has done enough to prove its Lanham Act claims, but its claim for $200,000 in statutory damages is excessive, so it will be awarded $20,000 plus $497 in costs.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:23cv1018, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper grants the nail salon owner's motion to proceed without prepaying the filing fee in her lawsuit alleging a former friend maliciously slandered her and her business on social media. In part because there is a lack of clarity in the complaint regarding jurisdiction, the owner is given until June 7, 2024, to file an amended complaint. If she does not, her lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv8, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Pepper grants the insurance company's motion to intervene, bifurcate and stay in a lawsuit against the mechanical contractor from an employee claiming she was not paid any overtime wages. As the contractor's commercial insurer, the insurance company will be allowed to intervene in the lawsuit and bifurcate its issues of coverage from the merits of the case. Because it properly balances potential prejudices against the company and the employee, proceedings in the lawsuit are stayed until the insurance coverage issues are resolved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv38, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Insurance, Labor
J. Pepper grants a manufacturer’s motion to enforce the court’s discovery order and for sanctions against an individual. The individual filed suit against a manufacturer claiming he was injured when a chair the company made collapsed, resulting in quadriplegia. The court ordered the individual to respond to the manufacturer’s discovery requests, but he has not fully complied. The court grants the manufacturer’s motion to compel discovery and orders the individual to produce the requested documents by a certain deadline or face additional sanctions.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 16, 2024, Case #: 2:22cv586, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Product Liability, Discovery
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J. Pepper gives the citizen until June 7, 2024, to file an amended complaint in his pro se lawsuit claiming excessive force and other violations of his rights during two confrontations with police in the 1990s, as the current complaint fails to state clear claims and, as currently pleaded, the claims in the current complaint appear to be time-barred.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 10, 2024, Case #: 2:23cv614, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Pepper partially grants the employee's motion for partial summary judgment in her class action claiming the memory care facility violated the Fair Labor Standards Act and Wisconsin wage law by failing to pay employees for time spent undergoing Covid-19 screenings and making unlawful pay deductions for meal breaks. The employee's motion is granted with relation to the Covid-19 screenings, and it is found as a matter of law that the time spent doing the screenings was "indispensable and integral" to the work of the employee and others in her position. The employee's motion for reconsideration regarding the opt-in time period in the notice of suit sent to class members is granted, and her motion to reopen discovery is partially granted so more discovery can take place regarding class members.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 28, 2024, Case #: 2:21cv358, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Pepper grants the school district's motion for summary judgment in a lawsuit from an employee claiming she faced age and gender discrimination when she was transferred from her job as principal at a high school to principal at an elementary school and replaced at the high school with a younger male employee. The employee's claims under Title VII and the Age Discrimination in Employment Act both fail, as the record does not support the notion that she was reassigned, albeit at a lower salary and to a position she felt was a demotion, due to her age or gender.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 27, 2024, Case #: 2:19cv1863, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Pepper partially grants Progressive's motion to exclude expert reports in the insured's class action arguing Progressive improperly calculates the actual cash value of insureds' totaled cars in order to short them on coverage. One of the three experts Progressive challenges is prohibited from testifying about the valuation process or methodology used by a company Progressive relies upon for such work, but Progressive's motion is denied as to two other experts. Progressive's unopposed motion for oral argument regarding class certification and summary judgment is granted, and arguments are scheduled for June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 25, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: Insurance, Experts, Class Action
J. Pepper partially grants motions to dismiss from the village, fire department, police and fire commission, commission members and fire and police officials in the firefighter's lawsuit claiming his First Amendment rights were violated when he was fired for filing complaints against the village police department. The motion to dismiss citing lack of subject matter jurisdiction is denied, but the motion claiming failure to state a claim is granted with regard to the First Amendment retaliation claims against the village, fire department, commission, five commissioners and two fire department officials. The firefighter's abuse of process claim and punitive damages claims are dismissed entirely, and his First Amendment retaliation claim against the village manager and his claim against the fire department under Wisconsin's government employer retaliation statute will proceed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 22, 2024, Case #: 2:21cv765, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Pepper grants the citizen's amended motion to proceed without prepaying the filing fee in her pro se lawsuit the city, police officers and others related to her 2016 arrest and prosecution for robbery, which ultimately ended with her acquittal in 2018. The citizen is permitted to continue with her claims of false arrest and false imprisonment against one of the police officers, but the remaining defendants are dismissed from the case.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 12, 2024, Case #: 2:19cv1070, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Pepper grants the beneficiary's motion to file a second amended complaint in a class action claiming the health care system failed to choose prudent investments with reasonable fees for its retirement plan. Because decisions from the Seventh Circuit since the class action was originally filed in 2020 have changed pleading standards for ERISA fiduciary duty claims, the beneficiary's motion to file an amended complaint is "reasonable" despite the fact that it will cause "regrettable" delay in the case. The health care system's amended motion to dismiss and motion for supplemental briefing are denied as moot.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 11, 2024, Case #: 2:20cv893, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Class Action
J. Pepper denies without prejudice the insureds' motions to file materials under seal and to restrict documents in their proposed class action lawsuit alleging the insurance companies shorted them on claims for their totaled cars by improperly calculating the cars' actual cash value, in part because they have not shown good cause and did not follow all applicable federal rules. The insurance companies' motion to file documents with restricted access is similarly denied, and all the parties have until March 13, 2024, to show good cause to restrict their respective documents.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 28, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: Insurance, Class Action
J. Pepper approves the $46,827 collective and class action settlement in the caregiver's lawsuit claiming the nursing home company failed to pay her and other caregivers proper overtime wages. The caregiver's unopposed motions for $40,811 in attorney fees and a $1,500 class representative incentive award are granted, and the caregiver's counsel is ordered to distribute settlement checks to class members within 10 days of receiving them from the company.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 26, 2024, Case #: 2:21cv108, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Class Action
J. Pepper finds the citizen has provided sufficient proof such that he is waived from prepaying the filing fee in his pro se lawsuit alleging, among other things, that the property management company refused to rent an apartment to him because he is Black. The citizen will be allowed to proceed with his discrimination claims, the U.S. Marshal Service is ordered to serve the company and other defendants with the lawsuit, and those parties are ordered to respond to the complaint.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 14, 2024, Case #: 2:24cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Pepper grants the consumer's motion to remand to Racine County Circuit Court his lawsuit alleging violations of state and federal law by the debt collector, as neither the debt collector nor the consumer have shown he suffered concrete injury and has Article III standing. There is no subject matter jurisdiction to rule on the debt collector's motions to compel the consumer's discovery responses and for sanctions against him, as well as its motion for judgment on the pleadings.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: January 30, 2024, Case #: 2:22cv1184, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
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
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. 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. Pepper grants the caregiver and assisted living facility's motion for preliminary approval of a collective and class settlement in the caregiver's lawsuit seeking unpaid overtime wages. The proposed collective and class of employees who received bonuses and worked overtime between January 26, 2019, and December 29, 2021, are certified, and the proposed settlement of at most $48,827 plus another $42,311 comprising a service award and attorney fees is preliminarily approved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 17, 2023, Case #: 2:21cv108, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor