Deutsche Bank National Trust Company v. Thomas P. Wuensch

Appeal Number 2015AP000175

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
07-16-2018
Remittitur

OCCD
SC
05-07-2018
Motion for Reconsideration
Filed By: Christa Westerberg
Submit Date: 5-21-2018
Decision: (D) Deny
Decision Date: 6-14-2018
ORD that the motion is denied, with costs.
Motion Response
Filed By: Robert Brunner
Submit Date: 5-21-2018
Comment: original and copies of response received 5/21/18

OCCD
SC
04-17-2018
Cites
911 N.W.2d 1

OCCD
SC
04-17-2018
Cites
380 Wis. 2d 727

OCCD
SC
04-17-2018
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Gableman, Bradley, Kelly
Opinion: Opinion
Decision: Reversed Pages: 27
Written by: Bradley, Rebecca Grassl
Abrahamson, Shirley S. Joined Dissenting Opinion
Bradley, Ann Walsh Wrote Dissenting Opinion 9 pages.
Order Text: The decision of the court of appeals is reversed.

OCCD
SC
04-13-2018
Public Domain Citation
Comment: PDC No: 2018 WI 35

OCCD
SC
02-02-2018
Letter/Correspondence
Comment: from Attorney Reed Peterson, advising court of recent activity in other cases regarding attorneys acting as de facto witnesses

OCCD
SC
10-11-2017
Letter/Correspondence
Comment: from Attorney Reed Peterson regarding issue raised during oral argument

OCCD
SC
10-02-2017
Oral Argument
Comment: 2nd case, 9:45 a.m.; Kenneth Lee Marshall for Pla-Resp-Pet; Christa Westerberg for Def-App

OCCD
SC
09-07-2017
Motion to Withdraw as Counsel
Filed By: Reed Peterson
Submit Date: 9-8-2017
Decision: (G) Grant
Decision Date: 9-8-2017
IT IS ORDERED that the motion of Attorney Reed J. Peterson to withdraw as counsel is granted.

OCCD
SC
09-06-2017
Attorney address updated
Comment: Address changed for attorney: 27870 Reed Peterson

OCCD
SC
09-06-2017
Attorney address updated
Comment: Address changed for attorney: 27870 Reed Peterson

OCCD
SC
08-17-2017
Briefs Received At State Law Library

OCCD
SC
08-09-2017
Motion for Miscellaneous Relief
Filed By: Robert Brunner
Submit Date: 8-9-2017
Decision: (G) Grant
Decision Date: 8-9-2017
ORD that the motion is granted and plaintiff-respondent-petitioner's corrected reply brief is accepted for filing as of 8/9/17.
Comment: MXT to file BR3

OCCD
SC
08-09-2017
Certificate of Filing by Mail
Comment: BR3-IB 08/08/17

OCCD
SC
08-09-2017
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Robert Brunner
Comment: Please be advised briefs and appendices must comply with Wis. Stat. Rule 809.19(8)(4) regarding being properly bound. Spiral binding is not accepted. Please note amended signature pages pursuant to Rule 802.05/809.19(1)(h) have been added to all briefs.

OCCD
SC
07-24-2017
Rejected Electronic Document
Comment: Brief of defendant-appellant; This efile is rejected because the cover needs to be corrected. Please efile a corrected brief, in its entirety, with a cover that includes the circuit court judge's name and the county. The paper briefs have been corrected by Clerk's Office staff.

OCCD
SC
07-21-2017
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Susan Crawford
Comment: Separate Appendix; Please note that the Trial Court Judge and County appealed from have been added to the cover of all briefs. Please include this information on all future briefs pursuant to Rule 809.19. Appendix to Response Brief-Supreme Court

OCCD
SC
06-21-2017
Motion to Extend Time
Filed By: Christa Westerberg
Submit Date: 6-22-2017
Decision: (G) Grant
Decision Date: 6-22-2017
ORD that the motion of defendant-appellant, Thomas P. Wuensch, for an extension of time to file his response brief is granted. The response brief of defendant-appellant shall be served and filed on or before 7/21/17. No further time extensions will be granted.
See BR2 event due on 7-21-2017

OCCD
SC
06-21-2017
Attorney Change
Comment: Added Attorneys Christa O. Westerberg, Susan M. Crawford and Aaron G. Dumas, on behalf of Defendant-Appellant, per filing of Notice of Retainer

OCCD
SC
06-19-2017
Assigned-Oral Argument

OCCD
SC
05-10-2017
Motion for Miscellaneous Relief
Filed By: Thomas Dill
Submit Date: 5-15-2017
Decision: (O) Other
Decision Date: 5-15-2017
ORD that the motion to set the case for oral argument is denied. The parties will be notified of the date and time for oral argument in this appeal in due course; and
FRO that the motion of defendants-appellants, Thomas P. Wuensch and Heidi Wuensch, for an extension of time to file their response brief is granted. The response brief of defendants-appellants shall be served and filed on or before 5/22/17.
Motion Response
Filed By: Reed Peterson
Submit Date: 5-15-2017
Comment: Motion to Set Case for Oral Argument

OCCD
SC
04-17-2017
Motion to Extend Time
Filed By: Reed Peterson
Submit Date: 4-18-2017
Decision: (G) Grant
Decision Date: 4-18-2017
ORD that the motion is granted. The response brief of defendants-appellants shall be served and filed on or before 5/1/17.
See BR2 event due on 5-1-2017

OCCD
SC
04-10-2017
Other Papers
Comment: Attorney Marshall's copy of 3/28/17 notice returned; resent with floor number included

OCCD
SC
03-29-2017
E-Filing Certification
Comment: BR1

OCCD
SC
03-28-2017
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Thomas Dill
Comment: Two Separate Appendixes Appendix to First Brief-Supreme Court Appendix to First Brief-Supreme Court Volume 2

OCCD
SC
03-23-2017
Motion for Pro Hac Vice status
Filed By: Thomas Dill
Submit Date: 3-23-2017
Decision: (G) Grant
Decision Date: 3-28-2017
ORD that the motion is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: Attorney Kenneth Lee Marshall and Attorney Robert W. Brunner. Received additional copy 3/24/17.

OCCD
SC
03-20-2017
Response
Comment: 10 additional copies CA brief for SC use received

OCCD
SC
03-13-2017
Motion to Extend Time
Filed By: Thomas Dill
Submit Date: 3-14-2017
Decision: (G) Grant
Decision Date: 3-14-2017
ORD that the motion is granted. Plaintiff-respondent-petitioner's initial brief shall be served and filed on or before 3/28/17.
See BR1 event due on 3-28-2017

OCCD
SC
02-17-2017
Other Papers
Comment: Heidi and Thomas Wuensch copies of 2/14/17 caption amendment notice returned; resent to address of forwarding label

OCCD
SC
02-16-2017
Other Papers
Comment: Received returned mail for Heidi and Thomas Wuensch (2/13/17 DEC)...USPS sticker with updated address, resent same day.

OCCD
SC
02-14-2017
Caption Amended

OCCD
SC
02-13-2017
Court Changed to Supreme Court

OCCD
CA
11-10-2016
Attorney Change
Comment: Removed Atty Karnes; Added Atty Dill per letter advising Atty Karnes is no longer with J Peterman Group, LTD

OCCD
SC
10-20-2016
Fee Paid
Comment: Receipt No: 16R 002445

OCCD
SC
10-19-2016
E-Filing Certification
Comment: PRE efiling certification and Amended certificate of service

OCCD
SC
10-19-2016
Petition for Review
Filed By: Russell Karnes
Submit Date: 11-14-2016
Decision: (G) Grant
Decision Date: 2-13-2017
ORD that the petition for review is granted. Briefs/statements 30/20/10.

OCCD
CA
09-19-2016
Response
Comment: Appellant's Response Objecting to Respondent's Motion for Clarification

OCCD
CA
09-12-2016
Motion for Clarification
Filed By: Russell Karnes
Submit Date: 9-12-2016
Decision: (D) Deny
Decision Date: 9-19-2016
ORD that the respondent's motion to "clarify" that this matter should be remanded for further proceedings--which we treat as a motion for reconsideration--is denied.

OCCD
CA
08-23-2016
Judge Panel: Higginbotham, Blanchard, Kloppenburg
Opinion: Summary Disposition
Decision: Reversed Pages: 8
Order Text: IT IS ORDERED that the foreclosure judgment in this action is summarily reversed under Wis. Stat. Rule 809.21(1).

OCCD
CA
08-16-2016
Filed By: Reed Peterson

Comment: Appellant Reply Brief Other Brief - Appellant Reply Brief

OCCD
CA
08-05-2016
Filed By: Russell Karnes

Comment: Respondent Letter Brief Other Brief - Respondent Letter Brief

OCCD
CA
07-22-2016
Filed By: Reed Peterson

Comment: Appellant Letter Brief Other Brief - Appellant Letter Brief Appendix to Other Brief - Appellant Letter Brief

OCCD
CA
07-08-2016
Court Order
ORD that the appellant file a letter brief of up to three pages by July 22, 2016, and the respondent file a letter brief response of up to three pages by August 5, 2016. The appellant may file a reply brief of up to two pages by August 12, 2016.

OCCD
CA
03-03-2016
Submitted on Briefs

OCCD
CA
01-11-2016
Briefs Received At State Law Library
Comment: Not retained at law library

OCCD
CA
12-23-2015
Record and Briefs Sent to District 4

OCCD
CA
12-21-2015
Reply Brief
Reply Brief
Filed By: Reed Peterson

OCCD
CA
12-08-2015
Motion to Extend Time
Filed By: Reed Peterson
Submit Date: 12-9-2015
Decision: (G) Grant
Decision Date: 12-9-2015
ORD that the time to file the reply brief is extended to December 18, 2015.
See BRY event due on 12-18-2015

OCCD
CA
11-23-2015
Brief of Respondent(s)
Brief of Respondent
Filed By: Russell Karnes

Comment: Appx to Brief of Respondent(s)

OCCD
CA
11-06-2015
Motion to Extend Time
Filed By: Russell Karnes
Submit Date: 11-6-2015
Decision: (G) Grant
Decision Date: 11-10-2015
ORD that the time for the respondent to file its brief is extended to November 20, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 11-20-2015

OCCD
CA
10-08-2015
Motion to Extend Time
Filed By: Russell Karnes
Submit Date: 10-8-2015
Decision: (G) Grant
Decision Date: 10-9-2015
ORD that the time for the respondent to file its brief is extended to November 6, 2015. See Wis. Stat. Rule 809.82(2)(a).
See BRS event due on 11-6-2015

OCCD
CA
09-09-2015
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Reed Peterson

Comment: Appx to Brief of Appellant(s)

OCCD
CA
09-02-2015
Motion to Extend Time
Filed By: Reed Peterson
Submit Date: 9-4-2015
Decision: (G) Grant
Decision Date: 9-9-2015
ORD that the time for the appellant to file his appellant's brief is extended to September 9, 2015, and on this basis the brief that has been submitted is accepted for filing. See Wis. Stat. Rule 809.82(2)(a).
See BAP event due on 9-9-2015

OCCD
CA
08-20-2015
Motion to Extend Time
Filed By: Reed Peterson
Submit Date: 8-20-2015
Decision: (G) Grant
Decision Date: 8-21-2015
ORD that the time to file the appellants' brief is extended to August 24, 2015.
See BAP event due on 8-24-2015

OCCD
CA
07-20-2015
Motion to Extend Time
Filed By: Reed Peterson
Submit Date: 7-21-2015
Decision: (G) Grant
Decision Date: 7-22-2015
ORD that the extension motion is granted. The time to file the appellant's brief is hereby extended to August 19, 2015.
See BAP event due on 8-19-2015

OCCD
CA
06-19-2015
Supplement to Record
Comment: 106-265 to 107-1

OCCD
CA
06-10-2015
Court Order
ORD that, within five days of the date of this order, the appellants shall provide this court with a response, as outlined above.
See SUA event filed on 6-5-2015

OCCD
CA
06-05-2015
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 6-5-2015
Decision: (N) No Action
Decision Date: 6-19-2015
no action.
Motion Response
Filed By: Reed Peterson
Submit Date: 6-18-2015
This motion contains court order(s).
Comment: no response to CTO 5/15/15

OCCD
CA
04-28-2015
Motion to Correct/Supplement Record
Filed By: Reed Peterson
Submit Date: 5-12-2015
Decision: (D) Deny
Decision Date: 5-15-2015
ORD that the motion to supplement the record is granted. If they have not yet done so, the appellants shall promptly provide the above referenced material to the clerk of the circuit court. Within five days of this order or receipt of that material, whichever is later, the clerk of the circuit court shall file a supplement to the record on appeal consisting of that material.
FRO that the motion to correct the index is denied as unnecessary.
FRO that the time to file the appellant's brief shall be thirty days from the filing of the supplement to the record.

OCCD
CA
03-23-2015
Record
Comment: 1-40 to 105-1, Separate Box

OCCD
CA
03-11-2015
Motion to Extend Time
Filed By: Pamela Radtke
Submit Date: 3-11-2015
Decision: (G) Grant
Decision Date: 3-24-2015
ORD that the time to transmit the record is extended to March 30, 2015.
See REC event filed on 3-23-2015

OCCD
CA
03-05-2015
Fee Paid
Comment: Receipt No: 15R 000584

OCCD
CA
02-25-2015
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 2-25-2015
Decision: (N) No Action
Decision Date: 3-4-2015
no action.
Comment: no Aff'd of Indigency or Filing Fee

OCCD
CA
02-06-2015
Other Papers
Comment: rec'd Non-Receipt of Defendant-Appellants' Papers filed by Atty. Karnes with Affidavit of Mailing; placed in file.

OCCD
CA
02-04-2015
Docketing Statement from Appellant

OCCD
CA
02-04-2015
Attorney Change
Comment: Notice of Representation for Thomas Wuensch and Heidi Wuensch; add Atty. Peterson

OCCD
CA
02-04-2015
Statement on Transcript
Filed By: Reed Peterson
Status: Prev. Filed

OCCD
CA
02-02-2015
Caption Amended

OCCD
CA
01-28-2015
RAP and Guide Sent
Comment: sent to Thomas Wuensch

OCCD
CA
01-28-2015
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 1-28-2015
Decision: (N) No Action
Decision Date: 1-30-2015
no action.
Comment: notice of appeal

OCCD
CA
01-28-2015
Indigency Forms Sent
Filed By: Unassigned District 4
Submit Date: 3-5-2015
Decision: (N) No Action
Decision Date: 3-5-2015
no action. filing fee paid.

OCCD
CA
01-26-2015
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
01-26-2015
Notice of Appeal & Court Record

OCCD
CA
01-21-2015
Notice of Appeal filed in Cir. Ct.

OCCD
CA
12-10-2014
Judgment of Circuit Court