43 results for 'judge:"Stadtmueller"'.
J. Stadtmueller finds that all of the claims in the citizen's pro se lawsuit against the Milwaukee County Clerk of Courts, the Milwaukee County Sheriff, judges and other court officials over his family law case, including those alleging false arrest, abuse of process and First Amendment violations, must be dismissed. All of the currently named defendants are dismissed and replaced with John Doe placeholders, and the citizen is given until May 29, 2024, to file a new amended complaint, or his entire lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 8, 2024, Case #: 2:23cv1361, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Family Law
J. Stadtmueller grants a union’s motion to enforce a settlement agreement which the parties entered into by email. The plumbing company argues that the terms of the settlement agreement in the email are not what it agreed to, as the email specified a limited release of claims through a specified date, where the company wanted a release of all claims, including those after the date. The instant court finds there was no communication to that effect, and that the parties had agreed upon the limited release via the email which is found to be an enforceable settlement agreement.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 18, 2024, Case #: 2:23cv616, NOS: Labor/Management Relations - Labor, Categories: Settlements, Labor / Unions
J. Stadtmueller grants a patient’s motion to compel discovery. The patient has opioid disorder and insomnia, and was under care when he was arrested for driving while intoxicated. While detained in the county jail, he received none of his medications, as according to jail medical staff, methadone is not prescribed for inmates under any circumstances, and he was not permitted to leave the jail to receive treatment at a methadone clinic. The patient claims denial of treatment resulted in him experiencing extreme withdrawal. The patient requested discovery that the county objected to on grounds that it violated the Health Insurance Portability and Accountability Act (HIPAA), and that the requests were overly vague. But the instant court finds the discovery request relevant to the patient’s case and does not immediately see issues with HIPAA.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 16, 2024, Case #: 2:23cv873, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Health Care, Discovery
J. Stadtmueller finds the lower court properly entered default judgment against a wholesaler, as evidence is sufficient to show it was served notice and did not defend this patent and trademark infringement action. The tool designers are entitled to statutory damages, attorney fees and costs, and equitable relief as they have established the wholesaler is liable for patent infringement, trademark infringement, false designation of origin, and trade dress infringement relating to a roof climbing tool, but the instant court dismisses the tool designers’ claim of unfair competition. Affirmed in part.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 12, 2024, Case #: 2:23cv1526, NOS: Patent - Property Rights, Categories: Patent, Trademark, Damages
J. Stadtmueller enters a default judgment against the musical instrument retailer in the consumer's lawsuit alleging the retailer's website is unlawfully inaccessible to legally blind individuals such as herself, seeing as how the consumer has sufficiently alleged her claims under Title III of the Americans with Disabilities Act. Injunctive relief is granted to the consumer in that the retailer is ordered to have testing performed by people with visual disabilities to evaluate whether its website is compliant with applicable rules, and the consumer's motion for nominal damages is denied.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 19, 2024, Case #: 2:23cv1215, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Technology
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[Consolidated] J. Stadtmueller orders that the citizen has until March 29, 2024, to either file amended complaints for each of his five pro se lawsuits alleging breaches of fiduciary duty and contract by the financial firms and telecommunications companies or file a singled consolidated complaint combining and more clearly explaining his claims. If he does not amend his pleadings before that deadline, his lawsuits may be dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 8, 2024, Case #: 2:24cv201, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Contract
J. Stadtmueller partially grants the range hood manufacturer's motion to compel discovery regarding jurisdiction in its lawsuit against the Hong Kong-based company it claims sold range hoods at Home Depot stores in the United States that infringe on two of its patents. Limited discovery is ordered regarding, among other things, the development, import and sale of the infringing range hoods in the United States, and the manufacturer's motion to stay briefing on the company's motion to dismiss is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 1, 2024, Case #: 2:23cv393, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Stadtmueller grants the employees' motion for default judgment in their lawsuit against the hospitality company claiming they were not paid minimum wage or overtime while working at the company's hotel. In part because the employees have established the company's liability for their claims under the Fair Labor Standards Act and Wisconsin employment law, and because the company never responded to their lawsuit, default judgment is entered in the employees' favor as to their claims under the Act. One employee is awarded $50,631 in unpaid wages and damages, the other employee is awarded $43,479 in unpaid wages and damages, and they are each ordered to file their claims for attorney fees and costs within 21 days.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 29, 2024, Case #: 1:23cv1007, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Stadtmueller grants the employees' motion for default judgment in their lawsuit against the hospitality company claiming they were not paid minimum wage or overtime while working at the company's hotel. In part because the employees have proven the company's liability under the Fair Labor Standards Act and Wisconsin employment law, and because the company never responded to their lawsuit, they are awarded damages as to their claims under the Act. Respectively, the six employees are awarded damages of $7,421; $5,714; $8,228; $8,426; $440; and $35,420, and they are all ordered to file claims for attorney fees and costs within 21 days.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 29, 2024, Case #: 2:23cv993, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Stadtmueller partially grants summary judgment to the trucking company in a lawsuit involving a disputed warranty claim from an insurance company on behalf of an insured whose driver was driving a truck manufactured and serviced by the company when he crashed into a highway median, which he and the company claim was caused by the truck's defective power steering. The insurance company's claim of breach of implied warranties fails and is dismissed with prejudice, in part because the disclaimer language regarding implied warranties in the relevant warranty agreement is conspicuous enough, though it is "a close case." The insurance company's breach of express warranty claim survives and will move forward to trial for a jury to decide whether the crash was caused by defective power steering or the driver's own fault.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 12, 2024, Case #: 2:23cv219, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Contract
J. Stadtmueller denies the bath products company's motion to dismiss a patent infringement lawsuit from the inventor of a method of using carved acrylic plastic sheets to simulate tiles for lining baths and showers. The company's argument that the inventor lacks standing fails, in part because the inventor's claim to title is not in dispute, and there is insufficient evidence at this point to establish that the company's representative co-invented the disputed method anyway.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 8, 2024, Case #: 2:23cv908, NOS: Patent - Property Rights, Categories: Patent
J. Stadtmueller partially grants motions in limine from the consulting firm and the data design company in a lawsuit featuring breach of contract and copyright infringement claims over a failed software licensing agreement. The company's motions in limine to bar the firm's counterclaims for breach of implied warranties and professional negligence and its lost revenue damages theory are granted, but the company's motion to bar the firm from arguing that the software the company provided failed to live up to their agreement's terms is denied. The firm's motion in limine to bar the company's quantum meruit theory of recovery seeking more than $600,000 is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 1, 2024, Case #: 2:22cv1245, NOS: Other Contract - Contract, Categories: Copyright, Contract
J. Stadtmueller finds that the citizen may proceed with some of the constitutional claims in his pro se lawsuit against the police officers over a traffic stop that resulted in him being arrested and booked for being a felon in possession of a firearm. The citizen may proceed with Fourth and 14th Amendment claims in part alleging unlawful seizure of himself and his gun without probable cause, excessive force, and violation of due process by the police refusing to return his gun and passport, but the rest of his claims are dismissed. The citizen has until February 15, 2024, to file notice of whether he intends to serve the officers himself or use the U.S. Marshals Service.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 1, 2024, Case #: 2:24cv18, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
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
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. 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 $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. 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 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
J. Stadtmueller gives the citizen a second chance to file an amended complaint in his lawsuit bringing claims related to a dispute over his lease and eventual eviction by his landlord, as his first amended complaint still fails to show there is federal jurisdiction over his claims. The citizen is given until November 30, 2023, to file a second amended complaint, and the lawsuit may be dismissed with prejudice if he does not.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 31, 2023, Case #: 2:23cv1026, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Contract
J. Stadtmueller gives the registered nurse until November 27, 2023, to file an amended complaint in his pro se lawsuit claiming the nursing board wrongfully blocked renewal of his registered nursing license because of the "rambling" and "threatening" character of his application, as his current complaint fails to bring clear allegations that state viable claims for relief and invoke jurisdiction. If he does not file his amended complaint by the deadline, his lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1270, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Agency
J. Stadtmueller gives the citizen until November 29, 2023, to file an amended complaint in her pro se lawsuit claiming the county and county officials falsely imprisoned her and denied her a fair trial, as her current pleading fails to bring clear factual allegations and give the county fair notice, in addition to other problems. If she does not file her complaint by the deadline, her lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Stadtmueller grants the city's motion to dismiss the federal government's second amended complaint on behalf of citizens claiming the city, county, housing authority and others falsely certified compliance with federal anti-discrimination and housing laws in order to secure government grants. The government and citizens' allegations, including regarding the creation of "containment zones" around racially segregated and blighted neighborhoods instead of promoting fair housing, fail in part because they are too vague and inadequately show clear connections between the allegations and specific violations of statutory and regulatory provisions, despite the fact that the citizens' "grievances are legitimate."
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 27, 2023, Case #: 2:22cv240, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, Housing, False Claims
J. Stadtmueller denies 3M's motion for summary judgment in a lawsuit from a cell tower repairman who alleges he fell at least 80 feet from a cell tower due to the failure of 3M's defective cable sleeve designed to help secure him to the tower. All of the disputed facts in the repairman's negligence, design-defect and other liability claims, including those contested by 3M regarding use of the cable sleeve's panic grab function, must proceed to a jury trial, which will commence on December 18, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 24, 2023, Case #: 2:22cv1532, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Stadtmueller partially grants a motion to dismiss from the school district, high school and former school board members in a lawsuit from two former high school students who in the 1980s were sexually abused by a math teacher about whom allegations of such abuse were known among students and faculty. The former students' federal claims alleging 14th Amendment due process and equal protection violations, negligent hiring, training and supervision and civil conspiracy are dismissed with prejudice, in part because they fail to prove municipal policymakers were "constructively aware" of a widespread pattern of abuse such that they are liable for deliberate indifference which created a risk of abuse. Individual and supervisory liability claims against the former board members also fail, as evidence of their actions upon learning of the abuse in 1983 show they did not facilitate or ignore it. Jurisdiction is not exercised over the former students' 11 remaining state-law claims, which are dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 29, 2023, Case #: 2:22cv819, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Stadtmueller denies Kohl's motion to partially dismiss the consumer's lawsuit claiming it violated the Telephone Consumer Protection Act by continuing to send him dozens of promotional text messages after he revoked his consent in writing and failing to send him a copy of its do-not-call policy. Kohl's incorrectly argues that the do-not-call provision mandated by the Act does not apply to text messages, as a 2023 notice from the FCC has already clarified that the provision applies to text messages as well as voice calls, so the consumer's putative class claim under the Act survives.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 21, 2023, Case #: 2:23cv597, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Stadtmueller partially grants the third-party industrial equipment firm's motion in limine to block evidence at trial supporting the freezer manufacturer's tort and indemnification claims against it in the frozen pizza company's lawsuit over blast freezers the manufacturer provided that did not meet specifications. The manufacturer has failed to bring a viable contribution claim showing a "common obligation" in their separate contractual relationships with the frozen pizza company, so evidence related to that claim is barred, but the manufacturer's equitable indemnification claim has support and will move forward.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 19, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: Tort, Indemnification, Contract