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Opinions

Below is a list of opinions specially selected for public release by judges in the district.  For a detailed search, enter the keyword or case number in the search box above.

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18-CV-1890 Sartin et al v. Chula Vista Inc et al

Decision and Order

Chula Vista Resort & Waterpark created a club whereby, in exchange for membership fees, members received discounts at the resort, including on the rental of condominium units. Plaintiffs owned condominium units at Chula Vista Resort & Waterpark and participated in a program to rent their units to resort visitors. Plaintiffs alleged that their units were rented to club members at discounted rates, but they did not share in any club membership fees. The court concluded that the plaintiffs’ various claims failed, and therefore the court granted the defendants’ motion for summary judgment.

File:
PDF icon 18-CV-1890 Sartin et al v. Chula Vista Inc et al (160).pdf
Judge:
William E. Duffin
Date:
Friday, February 25, 2022

17-CV-1357 Kelly v. North American Central/Wisconsin Central

Order Granting Summary Judgement

Plaintiff La June Kelly alleged that her former employer, North American Central, discriminated against her on the basis of her race when it required her to take a drug test following a vehicular accident in which she was involved.  The Court granted North American’s motion for summary judgment because Kelly did not show that she reasonably satisfied North American’s legitimate expectations, that the drug testing was an adverse employment action, or that a similarly situated employee was treated differently on the basis of race.

File:
PDF icon 17-CV-1357 Kelly v. North American Central Wisconsin Central (77).pdf
Judge:
Brett H. Ludwig
Date:
Wednesday, February 23, 2022

21-CV-1066 Schroeder v. City of Muskego

Order

The plaintiff moved for leave to amend his complaint challenging the City of Muskego’s sex offender ordinance. The court concluded that the City would not be prejudiced by the amendment. Further, the court concluded that the amended complaint stated a plausible claim that Section 294-3(D) of the City’s sex offender ordinance was an unconstitutional ex post facto law. Therefore, the court gave the plaintiff leave to amend.

 

File:
PDF icon 21-CV-1066 Schroeder v. City of Muskego (20).pdf
Judge:
Lynn Adelman
Date:
Friday, February 18, 2022

21-CV-356 Putzmeister America v. Pompaction Inc.

Decision and Order

The court held that counterclaims by a foreign party against a United States citizen that involved joinder of foreign parties was not within the alienage jurisdiction. Further, the court determined that supplemental jurisdiction was not available because the claims to which the foreign parties were joined did not arise out of the same case or controversy as the claims over which the court had original jurisdiction. The court also dismissed a counterclaim within the court’s original jurisdiction for failure to state a claim upon which relief can be granted.

File:
PDF icon 21-CV-356 Putzmeister America v. Pompaction Inc (32).pdf
Judge:
Lynn Adelman
Date:
Wednesday, February 16, 2022

20-CV-954 Marquette University v. Kuali Inc

Decision and Order

Marquette University’s application to renew a longstanding grant was rejected because, it alleged, a bug in the software it used to submit the application led to certain budget items being counted twice. Marquette sued the provider of the software, Kuali Inc., for the amount of the lost grant and other damages. The court granted Kuali’s motion for summary judgment because the “Software as a Service” (SaaS) contract between Marquette and Kuali was predominantly for a service and therefore not subject to the Uniform Commercial Code. Consequently, the disclaimers and warranty limitations in the contract applied, thus barring Marquette’s claims.

File:
PDF icon 20-CV-954 Marquette University v. Kuali Inc.pdf
Judge:
William E. Duffin
Date:
Monday, February 7, 2022

Pages