CLOSED,PRO_SE,UA

U.S. District Court

Western District of Wisconsin (Madison)

CIVIL DOCKET FOR CASE #: 3:14-cv-00274-jdp

Date Filed

#

Docket Text

04/14/2014

1

COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-1331342.), filed by All Plaintiffs. (Attachments:

# 1 JS-44 Civil Cover Sheet,

# 2 Summons Board of Regents of the UW System,

# 3 Summons Thomas Caywood,

# 4 Summons Elizabeth Throop) (Kennelly, Mary) (Entered: 04/14/2014)

04/14/2014

 

Case randomly assigned to William M Conley and Magistrate Judge Stephen L.

Crocker. (jat) (Entered: 04/14/2014)

04/14/2014

 

Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (jat) (Entered: 04/14/2014)

04/14/2014

2 

Summons Issued as to Board of Regents of the University of Wisconsin System, Thomas Caywood, Elizabeth Throop. (Attachments:

# 1 Summons Caywood,

# 2 Summons Throop) (jat) (Entered: 04/14/2014)

05/19/2014

3

ORDER Reassigning Case. Case reassigned to District Judge James D. Peterson for all further proceedings. William M. Conley no longer assigned to case. Signed by District Judge William M. Conley on 5/16/2014. (lak) (Entered: 05/19/2014)

06/02/2014

 

Action Requested: Counsel for plaintiff requested to promptly file proof of service. (krj) (Entered: 06/02/2014)

06/02/2014

4 

Waiver of Service Returned Executed by Defendant Elizabeth Throop. Elizabeth

Throop waiver sent on 4/21/2014, answer due 6/20/2014. (Kennelly, Mary) (Entered: 06/02/2014)

06/02/2014

5

Waiver of Service Returned Executed by Defendant Board of Regents of the

University of Wisconsin System. Board of Regents of the University of Wisconsin

System waiver sent on 4/21/2014, answer due 6/20/2014. (Kennelly, Mary) (Entered: 06/02/2014)

06/02/2014

6

Waiver of Service Returned Executed by Defendant Thomas Caywood. Thomas

Caywood waiver sent on 4/21/2014, answer due 6/20/2014. (Kennelly, Mary) (Entered: 06/02/2014)

06/20/2014

7  7a

 

ANSWER by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Elizabeth Throop. (Attachments: # 1 Certificate of Service) (Bensky, Anne) (Entered: 06/20/2014)

 

 

 

06/23/2014

 

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 7/16/2014 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153.

[Standing Order Governing Preliminary Pretrial Conference attached] (krj) (Entered: 06/23/2014)

07/11/2014

8

Joint Preliminary Pretrial Conference Report by Plaintiff Sabina Burton. (Kennelly, Mary) (Entered: 07/11/2014)

07/16/2014

 

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:

Telephone Preliminary Pretrial Conference held on 7/16/2014 [:10] (skv) (Entered: 07/16/2014)

07/21/2014

9

Pretrial Conference Order - Amendments to Pleadings due 8/29/2014. Dispositive

Motions due 4/13/2015. Settlement Letters due 8/28/2015. Motions in Limine due 9/4/2015. Response to Motion due 9/18/2015. Final Pretrial Conference set for 9/30/2015 at 04:00 PM. Jury Selection and Trial set for 10/5/2015 at 09:00 AM.. Signed by Magistrate Judge Stephen L. Crocker on 7/18/14. (jat) (Entered: 07/21/2014)

08/29/2014

10

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.

(Kennelly, Mary) (Entered: 08/29/2014)

09/12/2014

11

ANSWER to Amended Complaint by Defendants Board of Regents of the

University of Wisconsin System, Thomas Caywood, Elizabeth Throop. (Bensky, Anne) (Entered: 09/12/2014)

12/12/2014

12

Motion to Withdraw as Attorney by Plaintiff Sabina Burton. (Kennelly, Mary) (Entered: 12/12/2014)

12/15/2014

13

** TEXT ONLY ORDER **

Plaintiff's attorney has moved to withdraw from this lawsuit, reporting that plaintiff has fired her, plaintiff anticipates finding replacement counsel "reasonably promptly" and plaintiff is aware of her ongoing obligations to abide the court's scheduling deadlines. see dkt. 12 . Because a party in a civil case has no "right" to an attorney, and because plaintiff is the instigator here, the court will GRANT counsel's motion to withdraw with the unequivocal admonition to plaintiff that the schedule set on July 16, 2014 (see dkt. 9 ) remains firmly in place. Signed by Magistrate Judge Stephen L. Crocker on 12/15/14. (jat) (Entered: 12/15/2014)

12/17/2014

14

Notice of Appearance filed by Timothy E. Hawks for Plaintiff Sabina Burton.

(Hawks, Timothy) (Entered: 12/17/2014)

12/17/2014

15

Notice of Appearance filed by B. Michele Sumara for Plaintiff Sabina Burton.

(Sumara, B.) (Entered: 12/17/2014)

02/10/2015

16

Joint Motion to Amend/Correct 9 Pretrial Conference Order, by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 02/10/2015)

02/11/2015

17

** TEXT ONLY ORDER **

On February 10, 2015, the parties jointly reported that plaintiff now suffers an acute medical condition that has required her to take a leave of absence from work from January 2015 through May 2015, with a related medical procedure scheduled for March 2015. As a result, plaintiff requests, and defendants do not oppose, extending the dates and deadlines--including those that already have passed--by six and a half months. Notwithstanding the court's admonition to plaintiff in a December 15, 2014 text-only order (dkt. 13) that the court would not change the schedule in the face of plaintiff's unilateral decision to fire her attorney eight months into her lawsuit and on the cusp of her expert disclosure deadline, the court is willing to restore to both sides any time lost due to plaintiff's medical treatment by providing a five-month extension of the dispositive motion deadline and trial date upon submission, under seal, of a letter or other document from plaintiff's medical care provider confirming that plaintiff actually will be acutely

incapacitated (to use counsel's phrase) from January to May 2015. Upon receiving such confirmation, the court will reset the dispositive motion deadline to mid-September, 2015 and reset trial to early or mid-March, 2016. Signed by Magistrate Judge Stephen L. Crocker on 2/11/15. (jat) (Entered: 02/11/2015)

 

02/20/2015

18

Response re: 17 Text Only Order. Medical Note of Dianna Bearse, D.O. dated February 19, 2015, by Plaintiff Sabina Burton. (Sealed Document) (Hawks, Timothy) (Entered: 02/20/2015)

03/06/2015

19

Joint Motion to Amend/Correct 16 Joint Motion to Amend/Correct 9 Pretrial Conference Order, by Plaintiff Sabina Burton. (Attachments:

# 1 Exhibit A: Correspondence dated 1/9/15) (Hawks, Timothy) (Entered: 03/06/2015)

03/20/2015

20  

** TEXT ONLY ORDER **

The parties' joint motion to amend the schedule 19 is granted. The parties' suggested dates are accepted and entered by the court. The jury selection and trial is reset for April 4, 2016 at 9:00 a.m., with the final pretrial conference set for

March 30, 2016 at 4:00 p.m. Signed by Magistrate Judge Stephen L. Crocker on 3/20/15. (jat) (Entered: 03/20/2015)

03/20/2015

 

Reset Trial Deadlines: Dispositive Motions due 9/18/2015. Settlement Letters due 2/26/2016. Motions in Limine due 3/4/2016. Response to Motion due 3/11/2016. (jat) (Entered: 03/20/2015)

07/01/2015

21

Notice of Appearance of Katherine D. Spitz for Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Elizabeth Throop. (Spitz, Katherine) Modified on 7/2/2015 (jls). (Entered: 07/01/2015)

09/03/2015

22

22-1

Motion for Leave to File Supplemental Complaint by Plaintiff Sabina Burton.

(Attachments:

# 1 Exhibit A: Supplemental Complaint) (Hawks, Timothy) (Entered: 09/03/2015)

09/03/2015

23

23-1

Brief in Support of 22 Motion for Leave to File Supplemental Complaint by Plaintiff Sabina Burton (Attachments:

# 1 Exhibit A: Saratoga Potato Chips v Classic Foods ND Indiana 2014) (Hawks, Timothy) (Entered: 09/03/2015)

09/03/2015

24

Motion to Amend Briefing Schedule (Amend Scheduling Order and Request

Scheduling Conference) by Defendants Board of Regents of the University of

Wisconsin System, Thomas Caywood, Elizabeth Throop. Motions referred to

Magistrate Judge Stephen L. Crocker. Response due 9/10/2015. (Spitz, Katherine) (Entered: 09/03/2015)

09/04/2015

25

Response Stating No Opposition by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Elizabeth Throop re: 22 Motion for Leave to File filed by Sabina Burton (Spitz, Katherine) (Entered: 09/04/2015)

09/04/2015

26

Response Stating No Opposition by Plaintiff Sabina Burton re: 24 MOTION to Amend Briefing Schedule, filed by Elizabeth Throop, Thomas Caywood, Board of Regents of the University of Wisconsin System. (Hawks, Timothy) (Entered: 09/04/2015)

 

 

 

 

09/08/2015

27

** TEXT ONLY ORDER **

Plaintiff Sabina Burton's motion for leave to file a supplemental complaint, Dkt. 22 , is GRANTED as unopposed. Plaintiff should file a single amended complaint that contains all of her factual allegations and that will be the operative pleading in this case. As for scheduling, the trial date of April 4, 2016, remains firm. But the parties may discuss defendants' motion to adjust the other deadlines in this case, Dkt. 24 , at a telephonic conference with Magistrate Judge Crocker on September 11, 2015, at 10:00 a.m. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. Signed by District Judge James D. Peterson on 9/8/2015. (jls) (Entered: 09/08/2015)

09/11/2015

28

SECOND AMENDED COMPLAINT against All Defendants, filed by Sabina

Burton. (Sumara, B.) Modified on 9/11/2015. (lak) (Entered: 09/11/2015)

09/11/2015

 

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Scheduling Conference held on 9/11/2015 [:15] (cak) (Entered:

09/11/2015)

09/11/2015

29

AMENDED Scheduling Order: Dispositive Motions due 11/10/2015. Settlement

Letters due 2/26/2016. Motions in Limine due 3/4/2016. Response to Motion due 3/18/2016. Final Pretrial Conference set for 3/30/2016 at 04:00 PM. Jury Selection and Trial set for 4/4/2016 at 09:00 AM. Signed by Magistrate Judge Stephen L.

Crocker on 9/11/2015. (jls) (Entered: 09/11/2015)

09/11/2015

30

Waiver of Service Returned Executed by Defendant Michael Dalecki. Michael Dalecki waiver sent on 9/11/2015, answer due 11/10/2015. (Sumara, B.) (Entered:

09/11/2015)

09/25/2015

31

ANSWER to Amended Complaint (Answer and Defenses to Plaintiff's Second Amended Complaint) by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. (Bensky, Anne) Modified on 9/27/2015. (lak) (Entered: 09/25/2015)

11/10/2015

32

MOTION FOR SUMMARY JUDGMENT by Defendants Board of Regents of

the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth

Throop. Brief in Opposition due 12/1/2015. Brief in Reply due 12/11/2015. (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

33

Declaration of David S. Kieckhafer filed by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit A - CJ Dep't Courses) (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

34

Declaration of Michael Dalecki filed by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment, (Attachments: # 1 Exhibit B - CJ Policies,

# 2 Exhibit C - Meeting Notes,

# 3 Exhibit D - 6-9-14 Email,

# 4 Exhibit E - email re online courses,

# 5 Exhibit F - Apr 2015 scheduling emails,

# 6 Exhibit G - Sept 2012 monkey email,

# 7 Exhibit H - 9-18-13 alumni award email) (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

35

Declaration of Janelle Crowley filed by Defendants Board of Regents of the

University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit I - Burton Appointment and promotion dates,

# 2 Exhibit J - 7-28-19 salary letter,

# 3 Exhibit K - 6-11-10 salary letter,

# 4 Exhibit L - 7-1-11 salary letter,

# 5 Exhibit M - 6-8-12 salary letter,

# 6 Exhibit N - 6-8-12 letter from Shields,

# 7 Exhibit O - 3-13-14 Thrrop memo,

# 8 Exhibit P - 3-26-14 Letter from Shields,

# 9 Exhibit Q - 8-1-11 Burton request for summer appt,

# 10 Exhibit R - Burton additional payment,

# 11 Exhibit S - 5-11-12 Anderson Memo,

# 12 Exhibit T - Burton Additional Payment for spring 2013,

# 13 Exhibit U - Burton Additional Payment for distance learning course,

# 14 Exhibit V - Dutelle Appointment and promotion dates,

# 15 Exhibit W - 6-13-08 Salary Letter for Dutelle,

# 16 Exhibit X - 7-17-Salary Letter for Dutelle,

# 17 Exhibit Y - 2-8-10 Probationary faculty appointment letter to Dutelle,

# 18 Exhibit Z - Position Search Form 5 contract request for Dutelle,

# 19 Exhibit AA - 7-1-11 Salary Letter from Shields to Dutelle,

# 20 Exhibit BB - 6-8-12 Salary Letter from Shields to Dutelle,

# 21 Exhibit CC - 5-3-12 Letter from Nimocks Den Herder to Dutelle,

# 22 Exhibit DD - 3-15-13 Salary Letter from Nimocks to Dutelle,

# 23 Exhibit EE - 8-28-13 Letter from Nimocks Den Herder to Dutelle re temp salary adjustment,

# 24 Exhibit FF - 9-24-13 Salary letter from Shields to Dutelle,

# 25 Exhibit GG - 12-13-13 Salary letter from Nimocks Den Herder to Dutelle,

# 26 Exhibit HH - 8-23-13 Limited Appointment letter for Dutelle,

# 27 Exhibit II - 8-23-13 Letter from Shields to Dutelle,

# 28 Exhibit JJ - 5-19-14 Letter from Shields to Dutelle,

# 29 Exhibit KK - Gibsons Appointment and promotion dates,

# 30 Exhibit LL - 3-16-11 Probationary faculty appointment letter for Gibson,

# 31 Exhibit MM - Position Search Form 5 Contract Request for Gibson,

# 32 Exhibit NN - 6-8-12 Salary letter from Shields to Gibson,

# 33 Exhibit OO - 5-3-12 Letter from Nimocks Den Herder to Gibson,

# 34 Exhibit PP - 9-24-13 Salary letter from Shields to Gibson,

# 35 Exhibit QQ - 10-16-14 Salary Letter from Shields to Gibson) (Spitz,

Katherine) Modified on 11/12/2015: Corrected typo. (lak) (Entered: 11/10/2015)

 

11/10/2015

36

Declaration of Thomas Caywood filed by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit SS - 5-2012 Email exchange re interns,

# 2 Exhibit TT - Email exchange re Graduate Counsel Approval,

# 3 Exhibit UU - 1-15-2013 email exchange re Washington DC conference,

# 4 Exhibit VV - 2-12-2013 re PACCE projects,

# 5 Exhibit WW - Email exchange re breach experiment,

# 6 Exhibit XX - Gibsons 10-11-12 email re breach experiment,

# 7 Exhibit YY - New Release re AT&T,

# 8 Exhibit ZZ - Prior Learning Credit,

# 9 Exhibit AAA - 12-2012 email exchange re search and screens,

# 10 Exhibit BBB - Dutelle Business Records,

# 11 Exhibit CCC - 12-2012 email exchange re intelligence work,

# 12 Exhibit DDD - October 2012 email exchange,

 

 

 

 

 

 

# 13 Exhibit EEE - UW Travel Expense Report,

# 14 Exhibit FFF - 4-2-2013 UW Travel Expense Report) (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

37

Declaration of Elizabeth Throop filed by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit GGG - Grant Application,

# 2 Exhibit HHH - Cyber Security Websites,

# 3 Exhibit III - Cyber Security Website,

# 4 Exhibit JJJ - 1-24 email to Provost,

# 5 Exhibit KKK - 1-24 Burton Email re AT&T grant,

# 6 Exhibit LLL - AT&T Check,

# 7 Exhibit NNN - 1-24-13 email re press conferences,

# 8 Exhibit OOO - 1-25-13 Direction form Throop to Caywood,

# 9 Exhibit PPP - 7-10-13 Email from Burton,

# 10 Exhibit QQQ - 10-2-14 Burton email re Dalecki,

# 11 Exhibit RRR - Rice Demand email,

# 12 Exhibit SSS - 7-11-13 Email from Burton opposing Dalecki nomination,

# 13 Exhibit TTT - 12-11-12 Search and Screen complaints,

# 14 Exhibit UUU - June 2014 email re contacting AG,

# 15 Exhibit WWW - 1/5/2015 Memorandum and 10-28-14 Letter of Direction,

# 16 Exhibit XXX - Burton Rebuttal to letter of direction) (Spitz, Katherine)

Modified on 11/12/2015. (lak) (Entered: 11/10/2015)

11/10/2015

38

Deposition of Sabina Burton taken on 07/23/15 & 07/24/15. (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

39

Deposition of Sabina Burton taken on 10/22/15. (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

40

Deposition of Thomas Caywood taken on 08/21/15. (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

41

Deposition of Michael Dalecki taken on 10/07/15. (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

42

Deposition of Elizabeth Throop taken on 10/28/15. (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

43

Declaration of Anne Bensky filed by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit YYY - Call a spade a spade email,

# 2 Exhibit ZZZ - 4-2-15 email re defamation allegations,

# 3 Exhibit AAAA - 12-17-14 email to student,

# 4 Exhibit BBBB - 5-9-14 Email re graded materials,

# 5 Exhibit CCCC - Fall 2015 Teaching Assignments,

# 6 Exhibit DDDD - 9-25-14 email re Faculty Searches,

# 7 Exhibit EEEE - Discovery Responses,

# 8 Exhibit FFFF - Burton CV,

# 9 Exhibit GGGG - 8-22-email to Governor Walker,

# 10 Exhibit HHHH - Burton 10-30-14 EEOC,

# 11 Exhibit IIII - Damages and Demands by Burton,

# 12 Exhibit JJJJ - 10-12-14 Burton email exchange w-Fairchild,

# 13 Exhibit KKKK - 10-22-14 Burton email to Lohman,

# 14 Exhibit LLLL - 10-11-14 Burton email to Provost) (Spitz, Katherine)

 

 

 

(Entered: 11/10/2015)

11/10/2015

44

Brief in Support of 32 Motion for Summary Judgment, by Defendants Board of

Regents of the University of Wisconsin System, Thomas Caywood, Michael

Dalecki, Elizabeth Throop. (Spitz, Katherine) (Entered: 11/10/2015)

11/10/2015

45

Proposed Findings of Fact filed by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment. (Spitz, Katherine) (Entered: 11/10/2015)

12/01/2015

46

Deposition of Cheryl Banachowski-Fuller taken on 11-17-15. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

47

Deposition of Valerie Stackman taken on 11-16-15. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

48

Deposition of John Lohmann taken on 11-17-15. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

49

Deposition of Deborah Rice taken on 11-17-15. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

50

Declaration of Dr. Dianna Bearse filed by Plaintiff Sabina Burton in Opposition re:

32 Motion for Summary Judgment. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

51

Declaration of Alexandra Zupec filed by Plaintiff Sabina Burton in opposition re:

32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit A - Photograph of the note) (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

52

Declaration of Ronald Jacobus filed by Plaintiff Sabina Burton in opposition re: 32

Motion for Summary Judgment. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

53

Declaration of Timothy E. Hawks filed by Plaintiff Sabina Burton in opposition re:

32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit 1 - Ex 2 1st Discovery Answers/Responses,

# 2 Exhibit 2 - Ex 17 MOA online course development,

# 3 Exhibit 3 - Ex 19 FDRA grant,

# 4 Exhibit 4 - Ex 6 Caywood 1/24/13 letter,

# 5 Exhibit 5 - Ex 9 Caywood/Durr 10/17/12 re faculty issue,

# 6 Exhibit 6 - Ex 18 Caywood memo 10/16/12,

# 7 Exhibit 7 - Ex 23 Nimocks memo 10/26/10,

# 8 Exhibit 8 - Ex 24 Burton to Caywood 11/12/12 AT&T,

# 9 Exhibit 9 - Ex 27 Caywood to Burton re cybercrimes 11/19/12,

# 10 Exhibit 10 - Stojkovic report,

# 11 Exhibit 11 - Ex 32 Dalecki/Jacobus transcript,

# 12 Exhibit 12 - Ex 40 Barraclough to Shields 4/8/15,

# 13 Exhibit 13 - Ex 47 Dalecki Burton emails to mtg 10/2 & 8/14,

# 14 Exhibit 14 - Ex 48 CJ search violation 10/16/14,

# 15 Exhibit 15 - Ex 52 student evaluation report,

# 16 Exhibit 16 - Ex 62, email ATT 1/23-24,

# 17 Exhibit 17 - Ex 99 Drefcinski to Shields 12/13/13,

# 18 Exhibit 18 - 11/15-16/10 emails,

# 19 Exhibit 19 - 3/28/12 Michael Gay email,

# 20 Exhibit 20 - 4/9-10/12 Caywood group folder,

# 21 Exhibit 21 - 2012 Chicago mtg,

# 22 Exhibit 22 - 10/8/12 Burton to Caywood re journal,

# 23 Exhibit 23 - 10/10/12 Throop Burton re proposal,

# 24 Exhibit 24 - 10/11/12 note & IRB concern Caywood,

 

 

 

# 25 Exhibit 25 - 10/11/12 emails Caywood Burton & Zupec,

# 26 Exhibit 26 - 10/11/12 email Burton Throop re Lorne,

# 27 Exhibit 27 - 10/11-12/12 Caywood Burton re Lorne,

# 28 Exhibit 28 - 10/12/12 Burton to Zupec follow up,

# 29 Exhibit 29 - 10/17/12 Burton Caywood Throop re research methods,

# 30 Exhibit 30 - 10/17/12 Durr Caywood Herder Throop faculty issue,

# 31 Exhibit 31 - 11/19/12 Burton Caywood cybercrime,

# 32 Exhibit 32 - 4/17/13 Complaints & Grievances Committee to Shields re addendum,

# 33 Exhibit 33 - 11/6/13 Burton to Shane filing Throop grievance,

# 34 Exhibit 34 - 12/13/13 Shane to Shields,

# 35 Exhibit 35 - 7/2/14 Fuller Burton Dalecki,

# 36 Exhibit 36 - 12/11/13 Lohmann notes,

# 37 Exhibit 37 - 8/8/14 Dalecki Burton about Stackman mentor,

# 38 Exhibit 38 - 3/13/14 Throop to den Herder,

# 39 Exhibit 39 - Ans/Responses - 2nd Discovery,

# 40 Exhibit 40 - Ex. 145, emails Burton Lohmann, 12/10/14,

# 41 Exhibit 41 - Ex 148 Hamer,

# 42 Exhibit 42 - Ex 149 press release summer abroad,

# 43 Exhibit 43 - 4/1/11 Caywood letter - grant release of duties,

# 44 Exhibit 44 - 10/6/12 emails to Caywood/Throop,

# 45 Exhibit 45 - 11/15/12 CJ dept minutes,

# 46 Exhibit 46 - 12/11/12 Applied Research-WiSys Technology Advancement

Grant Pre-proposal feedback,

# 47 Exhibit 47 - Burton Fuller email 25% of load,

# 48 Exhibit 48 - Burton to Caywood meet w/Throop 11/14/12,

# 49 Exhibit 49 - NSF,

# 50 Exhibit 50 - Burton to Roberts w/proposal,

# 51 Exhibit 51 - EEOC transmittal TEH letter 7/21/15,

# 52 Exhibit 52 - TEH to EEOC - request Right to Sue 7/27/15,

# 53 Exhibit 53 - Laird v. Cragin Federal Bank, 1994 WL 13662,

# 54 Exhibit 54 - Yasiri v. Board of Regents of University of Wisconsin System,

2000 WL 34230253,

# 55 Exhibit 55 - Notes on mtg Throop, Caywood, Den Herder 7/8/13,

# 56 Exhibit 56 - Throop UW6 complaint against Burton 1/5/15,

# 57 Exhibit 57 - Burton, Throop, Caywood emails re: Request to Chair Search & Screen) (Hawks, Timothy) Modified on 12/2/2015: Corrected typos. (lak) (Entered:

12/01/2015)

12/01/2015

54

Declaration of Dr. Sabina Burton filed by Plaintiff Sabina Burton in opposition re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit 1 - 2013 ERD/EEOC & Right to Sue,

# 2 Exhibit 2 - 2014 2nd EEOC TEH Letter Right to Sue,

# 3 Exhibit 3 - UWP appointment,

# 4 Exhibit 4 - Kory Wein 7/30/12 email urgent request,

# 5 Exhibit 5 - Smyrski emails re: SaTC 8/17/12,

# 6 Exhibit 6 - Smyrski emails re: NSF 8/21/12,

# 7 Exhibit 7 - NSF Rob Hasker etc,

# 8 Exhibit 8 - 10/3/12 mtg Throop,

# 9 Exhibit 9 - 10/11/12 Burton to Throop fear Caywood reprimand,

# 10 Exhibit 10 - 10/15/12 mtg Burton Throop,

# 11 Exhibit 11 - 9/23/15 Burton response to Throop UW6 complaint,

# 12 Exhibit 12 - Burton, Caywood, Throop emails re: News,

# 13 Exhibit 13 - Oct, 2012 emails RE cyber security initiatives on campus,

 

 

 

# 14 Exhibit 14 - 11/17/12 Burton/Durr email re: Request for meeting,

# 15 Exhibit 15 - 10/4/12 Burton/Lomas email RE AT&T application,

# 16 Exhibit 16 - Oct, 2012 emails re: timeframe for a CJ Dept NSF proposal, # 17 Exhibit 17 - Emails re: Grievance against Throop) (Hawks, Timothy) Modified on 12/2/2015: Corrected typos. (lak) (Entered: 12/01/2015)

12/01/2015

55

Response to Proposed Findings of Fact filed by Plaintiff Sabina Burton re: 32

Motion for Summary Judgment. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

56

Proposed Findings of Fact filed by Plaintiff Sabina Burton re: 32 Motion for

Summary Judgment. (Hawks, Timothy) (Entered: 12/01/2015)

12/01/2015

57

Brief in Opposition by Plaintiff Sabina Burton re: 32 Motion for Summary Judgment, filed by Elizabeth Throop, Thomas Caywood, Board of Regents of the University of Wisconsin System, Michael Dalecki. (Hawks, Timothy) (Entered:

12/01/2015)

12/01/2015

58

Second Declaration of Timothy E. Hawks filed by Plaintiff Sabina Burton in opposition re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit 1 - Prendergast v. Chemical Personnel Search, 2008 WL 927960) (Hawks, Timothy) Modified on 12/2/2015. (lak) (Entered: 12/01/2015)

12/04/2015

59

Supplemental Declaration of Timothy E. Hawks filed by Plaintiff Sabina Burton in opposition re: 32 Motion for Summary Judgment. (Hawks, Timothy) Modified on 12/7/2015. (lak) (Entered: 12/04/2015)

12/07/2015

60

Supplemental Declaration of Dr. Sabina Burton filed by Plaintiff Sabina Burton in opposition re: 32 Motion for Summary Judgment, (Attachments:

# 1 Exhibit 1 - 5/9/14 Email - Burton to Dalecki) (Hawks, Timothy) Modified on 12/7/2015. (lak) (Entered: 12/07/2015)

12/07/2015

61

Second Supplemental Declaration of Timothy E. Hawks filed by Plaintiff Sabina

Burton in opposition re: 32 Motion for Summary Judgment. (Hawks, Timothy)

Modified on 12/7/2015. (lak) (Entered: 12/07/2015)

12/11/2015

62

Reply in Support of Proposed Findings of Fact filed by Defendants Board of

Regents of the University of Wisconsin System, Thomas Caywood, Michael

Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment. (Defendants'

Reply to Plaintiff's Response to Defendants' Proposed Findings of Fact.) (Bensky, Anne) (Entered: 12/11/2015)

12/11/2015

63

Brief in Reply in Support of Summary Judgment by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop in Support of 32 Motion for Summary Judgment. (Bensky, Anne) (Entered: 12/11/2015)

12/11/2015

64

Response to Proposed Findings of Fact filed by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop re: 32 Motion for Summary Judgment. (Bensky, Anne) (Entered: 12/11/2015)   Note:   Hawks failed to submit a Reply in support of Plaintiff’s FOF

03/04/2016

65

Rule 26(a)(3) Pretrial Disclosures by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/04/2016)

03/04/2016

66

Proposed Voir Dire by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/04/2016)

03/04/2016

67

Proposed Jury Instructions - Liability and Damages by Plaintiff Sabina Burton.

(Hawks, Timothy) (Entered: 03/04/2016)

 

03/04/2016

68

Proposed Special Verdict - Liability by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/04/2016)

03/04/2016

69

Proposed Special Verdict - Damages by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/04/2016)

03/04/2016

70

Exhibit List by Defendants Board of Regents of the University of Wisconsin

System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. (Bensky, Anne) (Entered: 03/04/2016)

03/04/2016

71

Witness List by Defendants Board of Regents of the University of Wisconsin

System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. (Bensky, Anne)

(Entered: 03/04/2016)

03/04/2016

72

Proposed Voir Dire by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop.

(Bensky, Anne) (Entered: 03/04/2016)

03/04/2016

73

Proposed Jury Instructions - Liability and Damages by Defendants Board of

Regents of the University of Wisconsin System, Thomas Caywood, Michael

Dalecki, Elizabeth Throop. (Bensky, Anne) (Entered: 03/04/2016)

03/04/2016

74

Proposed Special Verdict - Damages by Defendants Board of Regents of the

University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. (Bensky, Anne) (Entered: 03/04/2016)

03/04/2016

75

Proposed Special Verdict - Liability by Defendants Board of Regents of the

University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. (Bensky, Anne) (Entered: 03/04/2016)

03/04/2016

76

Motion to Bifurcate by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. Response due 3/11/2016. (Bensky, Anne) (Entered: 03/04/2016)

03/04/2016

77

Motions in Limine by Defendants Board of Regents of the University of Wisconsin

System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. (Bensky, Anne) (Entered: 03/04/2016)

03/04/2016

78

Motion in Limine by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. (Attachments: # 1 Exhibit - Schutz Expert Report,

# 2 Exhibit - Schutz CV) (Bensky, Anne) Modified on 3/7/2016: Expert report has not been filed as a separate docket entry yet. (lak) (Entered: 03/04/2016)

03/07/2016

79

Response Stating No Opposition by Plaintiff Sabina Burton re: 76 Motion to Bifurcate filed by Elizabeth Throop, Thomas Caywood, Board of Regents of the University of Wisconsin System, Michael Dalecki. (Hawks, Timothy) (Entered: 03/07/2016)

03/07/2016

80

Exhibit List by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/07/2016)

03/09/2016

81

Expert Report of Kevin L. Schutz, M.S., L.P.C. by Plaintiff Sabina Burton, (Attachments:

# 1 Exhibit - Kevin L. Schutz CV and Trial & Deposition Trial Testimony List) (Hawks, Timothy) (Entered: 03/09/2016)

03/10/2016

82

Declaration of Timothy E. Hawks filed by Plaintiff Sabina Burton in opposition to Defendants' Proposed Jury Instructions and re: 78 Motion in Limine, (Attachments:

# 1 Exhibit 1 - Dubin v. Board of Madison Area Technical Coll. Dist., No.

 

 

 

10-cv-35 (W.D. Wis. Apr. 26, 2011) (ECF No. 124),

# 2 Exhibit 2 - Corral v. UNO Charter Sch. Network, Inc., No. 10-CV-3379, 2013 WL 1855824 (N.D. Ill. May 1, 2013),

# 3 Exhibit 3 - Lalowski v. Corinthian Sch., Inc., No. 10-C-1928, 2012 WL 245203

(N.D. Ill. Jan. 26, 2012)) (Hawks, Timothy) (Entered: 03/10/2016)

03/10/2016

83

Declaration of B. Michele Sumara filed by Plaintiff Sabina Burton in Opposition re: 78 Motion in Limine, (Attachments:

# 1 Exhibit 1 - Kevin L. Schutz Letter Dated March 10, 2016) (Hawks, Timothy) Modified on 3/11/2016. (lak) (Entered: 03/10/2016)

03/10/2016

84

Response to Proposed Voir Dire of Defendants by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/10/2016)

03/10/2016

85

Response to Proposed Special Verdict - Liability and Damages of Defendants by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/10/2016)

03/11/2016

86

Brief in Opposition by Plaintiff Sabina Burton re: 77 Motions in Limine filed by Elizabeth Throop, Thomas Caywood, Board of Regents of the University of Wisconsin System, Michael Dalecki. (Hawks, Timothy) Modified on 3/14/2016.

(lak) (Entered: 03/11/2016)

03/11/2016

87

Brief in Opposition by Plaintiff Sabina Burton re: 78 Motion in Limine, filed by

Elizabeth Throop, Thomas Caywood, Board of Regents of the University of

Wisconsin System, Michael Dalecki. (Hawks, Timothy) (Entered: 03/11/2016)

03/11/2016

88

Objections to 73 Proposed Jury Instructions - Liability and Damages, by Plaintiff Sabina Burton. (Hawks, Timothy) Modified on 3/11/2016. (lak) (Entered: 03/11/2016)

03/11/2016

89

Motion in Limine by Plaintiff Sabina Burton. (Hawks, Timothy) (Entered: 03/11/2016)

03/18/2016

90

ORDER granting 32 Motion for Summary Judgment. Signed by District Judge

James D. Peterson on 3/18/2016. (jls) (Entered: 03/18/2016)

03/18/2016

91

JUDGMENT entered in favor of Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop dismissing the case. (jls) (Entered: 03/18/2016)

03/22/2016

92

Bill of Costs by Defendants Board of Regents of the University of Wisconsin System, Thomas Caywood, Michael Dalecki, Elizabeth Throop. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 4/1/2016. Brief in Support to Bill of Costs due 4/11/2016. Brief in Reply in Opposition to Bill of Costs due 4/18/2016. (Attachments:

# 1 Invoices) (Bensky, Anne) (Entered: 03/22/2016)

03/29/2016

93

** TEXT ONLY ORDER **

Plaintiff Sabina Burton has emailed the court to request an extension of what she is worried is the 10-day deadline to request reconsideration of the court's summary judgment order. She attaches what she describes as, essentially, a rough draft of her request. But she asks me to disregard her submission if the deadline is actually 28 days, as her attorneys have advised. Her attorneys are right: the deadline for a motion under Federal Rule of Civil Procedure 59 for a new trial or to alter or set aside a judgment is 28 days from the entry of judgment. I have not reviewed her attached submission, and I will deny her request as unnecessary. Signed by District

Judge James D. Peterson on 3/29/2016. (jls) (Entered: 03/29/2016)

 

03/31/2016

94

Notice by Defendants Board of Regents of the University of Wisconsin System,

Thomas Caywood, Michael Dalecki, Elizabeth Throop of Request to Receive Communications to the Court. (Bensky, Anne) (Entered: 03/31/2016)

04/01/2016

95

Motion to Withdraw as Attorney by Plaintiff Sabina Burton. Response due

4/8/2016. (Hawks, Timothy) (Entered: 04/01/2016)

04/01/2016

96

Declaration of Timothy E. Hawks filed by Plaintiff Sabina Burton in Support re: 95

Motion to Withdraw as Attorney. (Hawks, Timothy) Modified on 4/3/2016. (lak) (Entered: 04/01/2016)

04/01/2016

97

** TEXT ONLY ORDER **

Plaintiff Sabina Burton's counsel has moved to withdraw, citing a fundamental disagreement with their client. Dkt. 95 . The motion to withdraw is GRANTED, provided that counsel first informs Burton of all deadlines applicable to her case. Signed by District Judge James D. Peterson on 4/2/2016. (mfh) (Entered:

04/01/2016)

04/13/2016

98

Affidavit of Sabina Burton. (Attachments:

# 1 Envelope) (jef),(ps) DVD exhibit filed conventionally and located in the clerk's office exhibit room. (jef) (Entered: 04/13/2016)

04/15/2016

99

Motion for Reconsideration re 91 Judgment, 90 Order on Motion for Summary

Judgment by Plaintiff Sabina Burton. (Burton, Sabina),(ps) (Entered: 04/15/2016)

04/15/2016

100

Declaration of Sabina Burton re 99 Motion for Reconsideration / Correction of Mistakes in the 57 Brief in Opposition of Summary Judgment, by Plaintiff Sabina Burton. (Burton, Sabina),(ps) Modified docket text on 4/15/2016 (nln). (Entered: 04/15/2016)

04/15/2016

101

Declaration of Sabina Burton re 99 Motion for Reconsideration / Correction of Mistakes and Ommissions in Plaintiff's 56 Additional Proposed Findings of Fact, by Plaintiff Sabina Burton. (Attachments:

# 1 Exhibit 1 - SB001210-12 - Caywood shows support for future cyber effort,

# 2 Exhibit 1 - SB001210-12 - Caywood shows support for future cyber effort,

# 3 Exhibit 3 - SB001358 - Press Release Concerns Throop Deeply,

# 4 Exhibit 4 - UW-P-003493 - Press Release Published,

# 5 Exhibit 5 -SB000944 -pg26 InnovationCtr-Feasibility Study,

# 6 Exhibit 6 - SB01091-Burton invites Caywood to speak,

# 7 Exhibit 7 - ZA-7- Chancellor-Department Ltr-7-26-13,

# 8 Exhibit 8 - Analytics-journalofCJ-CS-midJanto10-1-13,

# 9 Exhibit 9 - SB000886-887 - Email chain Jan 24-2013,

# 10 Exhibit 10 - UW-P-00313-316 - Reply to Caywood Letter 1-24-13,

# 11 Exhibit 11 - 551-a - Dalecki still abusing 10-2-14,

# 12 Exhibit 12 - 622a - Appeal to DRB marks,

# 13 Exhibit 13 - Invitation Brandenburg signed by Anderson not Burton,

# 14 Exhibit 14 - Link to Proposal-migraines-1-24-13,

# 15 Exhibit 15 - SB000892-3 - Burton to DenHerder-about unfair,

# 16 Exhibit 16 - SB000903 - Burtons stmts are not inaccurate,

# 17 Exhibit 17 - UW-P-000074 - Burton explains to Caywood-1-28-13,

# 18 Exhibit 18 - UW-P-000178 - Durr notes are inaccurate,

# 19 Exhibit 19 - UW-P 000562-568 - Email string student harassment issud,

# 20 Exhibit 20 - UW-P-005940-41 - Throop notes,

# 21 Exhibit 21 - ZA - GrievanceCommissionFindings-4-19-13,

# 22 Exhibit 22 - ZA-5 - Grv Commsn Findings 7-10-13) (Burton, Sabina),(ps)

Modified docket text on 4/15/2016 (nln). (Entered: 04/15/2016)

 

04/15/2016

102

Declaration of Sabina Burton re 99 Motion for Reconsideration / Correction of Mistakes in Plaintiff's 55 Response to Defendants' Proposed Findings of Fact, by Plaintiff Sabina Burton. (Attachments:

# 1 Exhibit 1 - Breakfast is available on campus) (Burton, Sabina),(ps) Modified docket text on 4/15/2016 (nln). (Entered: 04/15/2016)

04/15/2016

103

Brief in Support of 99 Motion for Reconsideration by Plaintiff Sabina Burton

(Burton, Sabina),(ps) (Entered: 04/15/2016)

04/15/2016

104

** TEXT ONLY ORDER **

Plaintiff Sabina Burton has filed a motion to alter or amend the judgment in this case, pursuant to Federal Rule of Civil Procedure 59(e). Dkt. 99 . The court will review plaintiff's motion and determine whether a response from defendants is necessary. If so, the court will set a briefing schedule for the motion. No further submissions are required at this time. Signed by District Judge James D. Peterson on 4/15/2016. (jef),(ps) (Entered: 04/15/2016)

04/20/2016

105

Certificate of Service by Plaintiff Sabina Burton as to 98 Affidavit. (Burton,

Sabina),(ps) (Entered: 04/20/2016)

 

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05/16/2016 09:27:07

 

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