Case Details

CourtWestern District of Wisconsin
Docket number3:13-cv-00105
Date case filed2013-02-14
Date case closed2014-04-10
Date of latest filing
Assigned toDistrict Judge William M. Conley
Case cause42:12101 Americans with Disabilities Act
Nature of suit445 Civil Rights: Americans with Disabilities - Employment
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Thomas J. Tadder
Party type: Plaintiff
Attorney name: Daniel P. Bach
Attorney Contact:
Lawton & Cates, S.C.
146 E. Milwaukee Street, Suite 120
P.O. Box 399
Jefferson, WI 53549-0399
920-674-4567
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael R. Bauer
Attorney Contact:
Bauer & Bach, LLC
123 E. Main Street, Ste. 300
Madison, WI 53703
(608) 260-0295
Fax: (608) 260-0002
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: University of Wisconsin - Rock County
Party type: Defendant
TERMINATED: 07/30/2013
Attorney name: Steven Carl Kilpatrick
Attorney Contact:
Wisconsin Department of Justice
17 W. Main Street
P.O. Box 7857
Madison, WI 53707-7857
608-266-1792
Fax: 608-267-8906
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The Board of Regents of the University of Wisconsin System
Party type: Defendant
Attorney name: Steven Carl Kilpatrick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael J. Falbo
Party type: Defendant
Attorney name: Steven Carl Kilpatrick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Ray Cross
Party type: Defendant
in his Official Capacity as Chancellor of the UW Colleges and UW-Extensions
TERMINATED: 03/03/2014
Attorney name: Steven Carl Kilpatrick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Aaron Brower
Party type: Defendant
Interim Chancellor, substituted for Ray Cross

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-02-14 COMPLAINT against All Defendants. (Filing fee $350, receipt number 0758-1127147) filed by Thomas J. Tadder. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons) (Bauer, Michael) (Entered: 02/14/2013)
1.1 JS-44 Civil Cover Sheet
1.2 Summons
1.3 Summons
1.4 Summons
1.5 Summons
22013-02-14 Summons Issued as to University of Wisconsin - Rock County, The Board of Regents of the University of Wisconsin System, Ray Cross, Brent Smith. (Attachments: # 1 Summons - Board of Regents of the UW System, # 2 Summons - Brent Smith, # 3 Summons - Ray Cross) (arw) (Entered: 02/14/2013)
32013-03-01 Summons Returned Executed. University of Wisconsin - Rock County served on 2/21/2013, answer due 3/14/2013. (Bauer, Michael) (Entered: 03/01/2013)
42013-03-01 Summons Returned Executed. The Board of Regents of the University of Wisconsin System served on 2/19/2013, answer due 3/12/2013. (Bauer, Michael) (Entered: 03/01/2013)
52013-03-01 Summons Returned Executed. Ray Cross served on 2/22/2013, answer due 3/15/2013. (Bauer, Michael) (Entered: 03/01/2013)
62013-03-08 MOTION TO DISMISS Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Ray Cross, Brent Smith, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County. Brief in Opposition due 3/29/2013. Brief in Reply due 4/8/2013. (Kilpatrick, Steven) (Entered: 03/08/2013)
72013-03-08 Brief in Support of 6 Motion to Dismiss, Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Ray Cross, Brent Smith, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County (Kilpatrick, Steven) (Entered: 03/08/2013)
82013-03-11 Summons Returned Executed. Brent Smith served on 3/5/2013, answer due 3/26/2013. (Bauer, Michael) (Entered: 03/11/2013)
92013-03-27 Joint Preliminary Pretrial Conference Report by Plaintiff Thomas J. Tadder (Attachments: # 1 Certificate of Service) (Bach, Daniel) (Entered: 03/27/2013)
102013-03-29 Brief in Opposition by Plaintiff Thomas J. Tadder re: 6 Motion to Dismiss, filed by Brent Smith, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County, Ray Cross (Attachments: # 1 Certificate of Service) (Bach, Daniel) (Entered: 03/29/2013)
112013-04-05 Pretrial Conference Order - Amendments to Pleadings due 30 days after decision on pending motion to dismiss. Dispositive Motions due 11/15/2013. Settlement Letters due 3/14/2014. Motions in Limine due 4/4/2014. Responses to Motions due 4/18/2014. Final Pretrial Conference set for 4/29/2014 at 04:00 PM. Jury Selection and Trial set for 5/5/2014 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 4/3/13. (krj) (Entered: 04/05/2013)
122013-04-08 Brief in Reply in Support of 6 Motion to Dismiss, Pursuant to Fed,. R. Civ. P. Rule 12(b)(6) by Defendants Ray Cross, Brent Smith, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County. (Kilpatrick, Steven) Modified event on 4/9/2013 (krj). (Entered: 04/08/2013)
132013-07-30 ORDER granting in part and denying in part 6 Motion to Dismiss; University of Wisconsin-Rock County dismissed; ADA claim granted re claims against defendant Board of Regents and claims seeking back pay, denied re claims against defendants Smith and Cross in official capacity; Rehabilitation claim granted re defendants Smith and Cross, denied re defendant Board of Regents; motion to strike request for punitive damages granted. Signed by District Judge William M. Conley on 7/30/13. (krj) (Entered: 07/30/2013)
142013-08-13 ANSWER by Defendants Ray Cross, Brent Smith, The Board of Regents of the University of Wisconsin System. (Kilpatrick, Steven) (Entered: 08/13/2013)
152013-10-09 Motion to Substitute Party Name (Defendant) and to Remove Defendant Name in Caption by Defendants Ray Cross, Brent Smith, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County. Response due 10/16/2013. (Attachments: # 1 Certificate of Service Motion to Substitute Defendant Party Name and to Remove Defendant Name in Caption) (Kilpatrick, Steven) (Entered: 10/09/2013)
162013-10-15 Expert Witness Disclosures by Plaintiff Thomas J. Tadder (Attachments: # 1 Certificate of Service) (Bach, Daniel) (Entered: 10/15/2013)
172013-10-16 ** TEXT ONLY ORDER **ORDER granting 15 Motion to Substitute Party. Signed by District Judge William M. Conley on 10/16/13. (krj) (Entered: 10/16/2013)
182013-10-21 Amended Expert Witness Disclosures by Plaintiff Thomas J. Tadder (Attachments: # 1 Certificate of Service) (Bach, Daniel) (Entered: 10/21/2013)
192013-10-30 Motion for Extension of Time to the Dispositive Motions Deadline by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 11/6/2013. (Kilpatrick, Steven) (Entered: 10/30/2013)
202013-10-30 Affidavit of Steven C. Kilpatrick filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County re: 19 MOTION for Extension of Time, (Kilpatrick, Steven) (Entered: 10/30/2013)
212013-11-18 ** TEXT ONLY ORDER **The defendants' unopposed motion to extend the dispositive motion deadline (dkt. 19 ) is GRANTED with the understanding that no additional extensions of this deadline, and no extensions of the briefing deadlines, will be granted for any reason. Signed by Magistrate Judge Stephen L. Crocker on 11/18/13. (rep) (Entered: 11/18/2013)
222013-12-16 MOTION FOR SUMMARY JUDGMENT by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System. Brief in Opposition due 1/6/2014. Brief in Reply due 1/16/2014. (Kilpatrick, Steven) (Entered: 12/16/2013)
232013-12-16 Proposed Findings of Fact filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System re: 22 Motion for Summary Judgment (Kilpatrick, Steven) (Entered: 12/16/2013)
242013-12-16 Affidavit of Ray Cross filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System re: 22 Motion for Summary Judgment (Kilpatrick, Steven) (Entered: 12/16/2013)
252013-12-16 Brief in Support of 22 Motion for Summary Judgment by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System (Kilpatrick, Steven) (Entered: 12/16/2013)
262013-12-16 Affidavit of Pamela Dollard filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System re: 22 Motion for Summary Judgment (Attachments: # 1 Exhibit 101-8/13/1982 DVR verification) (Kilpatrick, Steven) (Entered: 12/16/2013)
272013-12-16 Affidavit of Michael Pierick filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System re: 22 Motion for Summary Judgment (Attachments: # 1 Exhibit 102-10/25/2004 Lund letter w/notes) (Kilpatrick, Steven) (Entered: 12/16/2013)
282013-12-16 Affidavit of Diane Lund filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System re: 22 Motion for Summary Judgment (Attachments: # 1 Exhibit 103-3/16/04 Dr. Penn letter, # 2 Exhibit 104-3/23/04 Lund letter, # 3 Exhibit 105-4/27/04 Lund letter, # 4 Exhibit 106-9/2/04 Lund letter, # 5 Exhibit 107-10/18/04 Dr. Penn letter, # 6 Exhibit 108-11/10/04 Lund letter, # 7 Exhibit 109-11/18/04 Lund letter, # 8 Exhibit 110-2/8/05 Lund letter, # 9 Exhibit 111-12/19/06 Lund letter w/disab accom form, # 10 Exhibit 112-12/19/06 termination letter, # 11 Exhibit 113-3/1/05 FMLA/WFMLA approval) (Kilpatrick, Steven) (Entered: 12/16/2013)
292013-12-16 Affidavit of Michael Connor filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System re: 22 Motion for Summary Judgment (Attachments: # 1 Exhibit 114-position description, # 2 Exhibit 115-performance evaluations, # 3 Exhibit 116-4/25/06 email, # 4 Exhibit 117-4/27/06 written reprimand, # 5 Exhibit 118-5/16/06 written reprimand, # 6 Exhibit 119-1/10/07 written reprimand, # 7 Exhibit 120-12/3/07 notice of 5-day suspension, # 8 Exhibit 121-2/11/08 email, # 9 Exhibit 122-4/10/08 termination letter) (Kilpatrick, Steven) (Entered: 12/16/2013)
302013-12-16 Certificate of Service by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System as to 29 Affidavit,, 24 Affidavit, 22 MOTION FOR SUMMARY JUDGMENT , 27 Affidavit, 28 Affidavit,, 23 Proposed Findings of Fact, 26 Affidavit, 25 Brief in Support. (Kilpatrick, Steven) (Entered: 12/16/2013)
312014-01-06 Brief in Opposition by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment filed by Michael J. Falbo, The Board of Regents of the University of Wisconsin System, Ray Cross (Bach, Daniel) (Entered: 01/06/2014)
322014-01-06 Response to Proposed Findings of Fact filed by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment (Bach, Daniel) (Entered: 01/06/2014)
332014-01-06 Supplemental Proposed Findings of Fact filed by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment (Bach, Daniel) (Entered: 01/06/2014)
342014-01-06 Declaration of Thomas J. Tadder filed by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment (Bach, Daniel) (Entered: 01/06/2014)
352014-01-06 Declaration of Daniel P. Bach filed by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment (Attachments: # 1 Exhibit 200 - 9/19/1983 letter to Tadder, # 2 Exhibit 201 - six month probationary report, # 3 Exhibit 202 - position description, # 4 Exhibit 203 - 8/29/1988 performance review, # 5 Exhibit 204 - 7/1/88 to 6/30/89 performance review, # 6 Exhibit 205 - 7/1/90 to 6/30/91 performance review, # 7 Exhibit 206 - 7/1/91 to 6/30/92 performance review, # 8 Exhibit 207 - 6/1993 to 6/1994 performance review, # 9 Exhibit 208 - 7/1/94 to 6/30/95 performance review, # 10 Exhibit 209 - leave without pay requests, # 11 Exhibit 210 - 8/18/95 memo from Connor, # 12 Exhibit 211 - 6/1995 to 6/1996 performance review, # 13 Exhibit 212 - 10/10/96 memo from Connor, # 14 Exhibit 213 - 7/1/97 to 6/30/98 performance review, # 15 Exhibit 214 - 2/11/2000 performance review, # 16 Exhibit 215 - 8/2/2000 performance review, # 17 Exhibit 216 - 6/26/2002 memo from Connor re: reprimand, # 18 Exhibit 217 - 2/27/04 performance review, # 19 Exhibit 218 - 7/25/05 to 6/2/06 performance review, # 20 Exhibit 219 - 6/2006 to 5/2007 performance review, # 21 Exhibit 220 - 2/2004 email from Connor to Kremm, # 22 Exhibit 221 - 2/12/04 letter from Connor to Tadder re: investigatory meeting, # 23 Exhibit 222 - 2/12/04 emails between Connor and Lund, # 24 Exhibit 223 - 2/19/04 email from Connor to Lund re: Tadder work problems, # 25 Exhibit 224 - 2/19/04 letter from Connor to Tadder re: written reprimand, # 26 Exhibit 225 - 3/24/04 email from Pierick to Connor and Lund, # 27 Exhibit 226 - 4/1/04 letter from Connor to Tadder re: written reprimand, # 28 Exhibit 227 - 5/7/04 email from Connor to Kremm, # 29 Exhibit 228 - 6/4/04 letter from Connor to Tadder re: 1 day suspension, # 30 Exhibit 229 - 2004 email exchange between Gritzmaker, Connor Lund and Pierick, # 31 Exhibit 230 - 8/30/04 email from Pierick to Wildeck re: IME, # 32 Exhibit 231 - 10/25/04 letter to union rep re: possible medical termination, # 33 Exhibit 232 - 11/2004 email exchange between Connor and Lund, # 34 Exhibit 233 - 11/9/04 email from Lund to Connor re: draft suspension letter, # 35 Exhibit 234 - 10/18/07 letter from Connor re: removal of books, # 36 Exhibit 235 - 11/12/07 email from Lund re: pre-disciplinary meeting, # 37 Exhibit 236 - 2/8/08 injury report, # 38 Exhibit 237 - 2/19/08 email from Lund re: draft letter re: investigatory meeting, # 39 Exhibit 238 - 3/2008 email exchanges re: pre-disciplinary meeting, # 40 Exhibit 239 - 4/10/08 termination letter, # 41 Exhibit 240 - 12/27/13 Schutz vocational evaluation repor, # 42 Exhibit 241 - 1/6/14 supplement to Schutz report, # 43 Exhibit 242 - UW history/organization web page, # 44 Exhibit 243 - 8/1/02 email from Kremm to Connor re: Tadder blood sugar levels, # 45 Exhibit 244 - 4/30/03 email from Connor to Pierick) (Bach, Daniel) (Entered: 01/06/2014)
362014-01-06 Certificate of Service by Plaintiff Thomas J. Tadder as to 31 Brief in Opposition, 33 Proposed Findings of Fact, 35 Declaration,,,,,,,,,,, 34 Declaration, 32 Response to Proposed Findings of Fact. (Bach, Daniel) (Entered: 01/06/2014)
372014-01-07 Amended Brief in Opposition by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment filed by Michael J. Falbo, The Board of Regents of the University of Wisconsin System, Ray Cross (Bach, Daniel) (Entered: 01/07/2014)
382014-01-07 Amended Response to Proposed Findings of Fact filed by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment (Bach, Daniel) (Entered: 01/07/2014)
392014-01-07 Amended Proposed Findings of Fact filed by Plaintiff Thomas J. Tadder re: 22 Motion for Summary Judgment (Bach, Daniel) (Entered: 01/07/2014)
402014-01-07 Certificate of Service by Plaintiff Thomas J. Tadder as to 39 Proposed Findings of Fact, 38 Response to Proposed Findings of Fact, 37 Brief in Opposition. (Bach, Daniel) (Entered: 01/07/2014)
412014-01-16 Supplemental Response to Proposed Findings of Fact filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County re: 22 Motion for Summary Judgment (Attachments: # 1 Certificate of Service Defendants' Responses to Plaintiff's Proposed Supplemental Findings of Fact) (Kilpatrick, Steven) (Entered: 01/16/2014)
422014-01-16 Reply in Support of Proposed Findings of Fact filed by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County re: 22 Motion for Summary Judgment (Attachments: # 1 Certificate of Service Defendants Reply to Plaintiff's Responses to Defendants' Proposed Findings of Fact) (Kilpatrick, Steven) (Entered: 01/16/2014)
432014-01-16 Brief in Reply in Support of 22 Motion for Summary Judgment Reply by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County . (Attachments: # 1 Certificate of Service Defendants' Reply Brief in Support of Their Motion for Summary Judgment) (Kilpatrick, Steven) Modified event on 1/17/2014 (krj). (Entered: 01/16/2014)
442014-02-25 Motion to Substitute Party Name of Defendant in Caption by Defendants Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County. (Attachments: # 1 Certificate of Service) (Kilpatrick, Steven) Modified on 3/31/2014. (lak) (Entered: 02/25/2014)
452014-03-03 ** TEXT ONLY ORDER **ORDER granting 44 Motion to Substitute Party. Signed by Magistrate Judge Stephen L. Crocker on 3/3/14. (jat) (Entered: 03/04/2014)
462014-04-02 ** TEXT ONLY ORDER ** In light of the pending motion for summary judgment, the deadline for filing motions in limine is moved to April 11th, all other deadlines remain the same. Signed by District Judge William M. Conley on 4/2/14. (jat) (Entered: 04/03/2014)
472014-04-03 Joint Motion for Extension of Time by Defendants Aaron Brower, Ray Cross, Michael J. Falbo, The Board of Regents of the University of Wisconsin System, University of Wisconsin - Rock County, Plaintiff Thomas J. Tadder. Motions referred to Magistrate Judge Stephen L. Crocker. (Kilpatrick, Steven) (Entered: 04/03/2014)
482014-04-04 ** TEXT ONLY ORDER **ORDER granting 47 Joint Motion for Extension of Time. Signed by Magistrate Judge Stephen L. Crocker on 4/4/14. (jat) (Entered: 04/04/2014)
492014-04-04 Exhibit List by Plaintiff Thomas J. Tadder. (Bach, Daniel) (Entered: 04/04/2014)
502014-04-04 Proposed Voir Dire by Plaintiff Thomas J. Tadder (Bach, Daniel) (Entered: 04/04/2014)
512014-04-04 Proposed Voir Dire by Defendants Aaron Brower, Michael J. Falbo, The Board of Regents of the University of Wisconsin System (Kilpatrick, Steven) (Entered: 04/04/2014)
522014-04-04 Witness List by Plaintiff Thomas J. Tadder (Bach, Daniel) (Entered: 04/04/2014)
532014-04-04 Certificate of Service by Plaintiff Thomas J. Tadder as to 49 Exhibit List, 52 Witness List, 50 Proposed Voir Dire. (Bach, Daniel) (Entered: 04/04/2014)
542014-04-04 Rule 26(a)(3) Pretrial Disclosures by Defendants Aaron Brower, Michael J. Falbo, The Board of Regents of the University of Wisconsin System (Kilpatrick, Steven) (Entered: 04/04/2014)
552014-04-10 OPINION & ORDER granting 22 Motion for Summary Judgment. Signed by District Judge William M. Conley on 4/10/14. (jat) (Entered: 04/10/2014)
562014-04-10 JUDGMENT entered in favor of Defendants Aaron Brower, Michael J. Falbo, The Board of Regents of the University of Wisconsin System dismissing the case. (jat) (Entered: 04/10/2014)
572014-04-24 Bill of Costs by Defendant The Board of Regents of the University of Wisconsin System. Motions referred to Magistrate Judge Stephen L. Crocker. Objection to Bill of Costs due 5/5/2014. Brief in Support to Bill of Costs due 5/14/2014. Brief in Reply in Opposition to Bill of Costs due 5/19/2014. (Attachments: # 1 Exhibit A-Fees for printed transcripts) (Kilpatrick, Steven) (Entered: 04/24/2014)
582014-05-07 Costs Taxed in amount of $ 662.00 against plaintiff (jat) (Entered: 05/07/2014)