Case: Wisconsin Coalition for Advocacy v. Czaplewski

2:00-cv-01363 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Oct. 23, 2000

Closed Date: June 27, 2001

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Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority. On October 23, 2000, Wisconsin Coalition for Advocacy, Wisconsin’s P&A filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin. The P&A sued the director of a residential healthcare facility under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, the…

This dispute arose after Wisconsin Coalition for Advocacy established probable cause that resident deaths at two facilities operated by defendants may have been caused by abuse and neglect. After making records requests under the DD Act and PAIMI Act, defendants refused to provide the information requested. In January 16 2001, the court granted the P&A’s Motion for Preliminary Injunction requiring the facility provide the P&A with the records they requested. The court reasoned that the records requested fell within their records access authority under both statutes, and that they retained this authority for private facilities. In June 27 2001, the case was dismissed without prejudice.

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Summary Authors

NDRN (3/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11238212/parties/wisconsin-coalition-v-bilder/

Attorney for Plaintiff

Bachhuber, Michael J (Wisconsin)

Attorney for Defendant

Lowndes, Daniel M (Wisconsin)

Molony, Maureen A (Wisconsin)

Vogt, Heidi L (Wisconsin)

Attorney for Plaintiff

Bachhuber, Michael J (Wisconsin)

Attorney for Defendant

Lowndes, Daniel M (Wisconsin)

Molony, Maureen A (Wisconsin)

Vogt, Heidi L (Wisconsin)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
23 2:00-cv-01363	Decision and Order Granting in part Plaintiff's Motion for Preliminary Injunction and Denying Defendants’ Motion to Dismiss Wisconsin Coalition for Advocacy, Inc. v. Czaplewski	Jan. 16, 2001	Jan. 16, 2001 Order/Opinion 131 F.Supp.2d 1039

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11238212/wisconsin-coalition-v-bilder/

Last updated Oct. 23, 2025, 7:52 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (Summons(es) issued) Consent Forms Distributed for Magistrate Judge William E. Callahan (eeb, )	Oct. 23, 2000	Oct. 23, 2000
2	CERTIFICATE of INTEREST by plaintiff Wisconsin Coalition (eeb, )	Oct. 23, 2000	Oct. 23, 2000
3	FIRST AMENDED COMPLAINT Re: [1-1] by plaintiff Wisconsin Coalition (eeb, )	Oct. 31, 2000	Oct. 31, 2000
4	MOTION by plaintiff Wisconsin Coalition for preliminary injunction (eeb, )	Nov. 7, 2000	Nov. 7, 2000
5	BRIEF by plaintiff Wisconsin Coalition in support of motion for preliminary injunction [4-1] (eeb, )	Nov. 7, 2000	Nov. 7, 2000
6	DECLARATION of Kristin Kerschensteiner by plaintiff Wisconsin Coalition in support of its motion for preliminary injunction. (eeb, )	Nov. 7, 2000	Nov. 7, 2000
7	DECLARATION of Vickie Sali by plaintiff Wisconsin Coalition in support of its motion for preliminary injunction. (eeb, )	Nov. 7, 2000	Nov. 7, 2000
8	DECLARATION of Thomas Hlavacek by plaintiff Wisconsin Coalition in support of its motion for preliminary injunction. (eeb, )	Nov. 7, 2000	Nov. 7, 2000
10	RETURN OF SERVICE executed as to defendant Ams Properties Inc served on 11/3/00 (eeb, ) (Entered: 11/14/2000)	Nov. 13, 2000	Nov. 13, 2000
11	RETURN OF SERVICE executed as to defendant Ams Green Tree Inc served on 11/3/00 (eeb, ) (Entered: 11/14/2000)	Nov. 13, 2000	Nov. 13, 2000
9	RETURN OF SERVICE executed as to defendant GCI - Wisconsin Prop served on 11/3/00 (eeb, ) (Entered: 11/14/2000)	Nov. 13, 2000	Nov. 13, 2000
12	CONSENT to Proceed before Magistrate Judge by plaintiff Wisconsin Coalition (eeb, )	Nov. 15, 2000	Nov. 15, 2000
13	MOTION by defendants to dismiss plaintiffs complaint (eeb, ) (Entered: 11/24/2000)	Nov. 22, 2000	Nov. 22, 2000
14	BRIEF by defendants in opposition to motion for preliminary injunction [4-1] (eeb, ) (Entered: 11/24/2000)	Nov. 22, 2000	Nov. 22, 2000
15	CERTIFICATE OF INTEREST by defendants (eeb, ) (Entered: 11/24/2000)	Nov. 22, 2000	Nov. 22, 2000
16	AFFIDAVIT of Maureen A. Molony (eeb, ) (Entered: 11/24/2000)	Nov. 22, 2000	Nov. 22, 2000
17	CERTIFICATE OF SERVICE by defendants (eeb, ) (Entered: 11/24/2000)	Nov. 22, 2000	Nov. 22, 2000
18	CONSENT to Proceed before Magistrate Judge by defendants (eeb, )	Dec. 1, 2000	Dec. 1, 2000
19	... REPLY BRIEF by plaintiff Wisconsin Coalition in support of motion for preliminary injunction [4-1] (tlf, )	Dec. 12, 2000	Dec. 12, 2000
20	CERTIFICATE OF SERVICE by plaintiff Wisconsin Coalition (tlf, )	Dec. 12, 2000	Dec. 12, 2000
21	REPLY BRIEF by defendants in support of motion to dismiss plaintiffs complaint [13-1] (tlf, ) (Entered: 12/29/2000)	Dec. 28, 2000	Dec. 28, 2000
22	HEARING MINUTES: by Mag Judge William E. Callahan Jr, hearing held 1/9/01 on plaintiff's motion for preliminary injunction, defendant's motion to dismiss; Court Reporter: Sharon Beyer (tlf, ) (Entered: 01/18/2001)	Jan. 16, 2001	Jan. 16, 2001
23	DECISION AND ORDER: by Mag Judge William E. Callahan Jr denying defendant's motion to dismiss plaintiffs complaint [13-1], granting in part and denying in part plaintiff's motion for preliminary injunction [4-1] ; scheduling conference set for 9:00 2/5/01 in Courtroom 253 (cc: all counsel) (tlf, ) (Entered: 01/18/2001)	Jan. 16, 2001	Jan. 16, 2001 Clearinghouse
24	ANSWER by defendants Ams Properties Inc, Ams Green Tree Inc, Kay Czaplewski, Mariner Post-Acute, CGI WI Prop Inc, Dani Bilder to Amended Complaint [3-1] (tlf, ) (Entered: 01/31/2001)	Jan. 30, 2001	Jan. 30, 2001
25	HEARING MINUTES: by Mag Judge William E. Callahan Jr: parties to file any amended pleadings within 30 days ; no experts to be called ; discovery ddl set for 6/1/01 ; motion filing ddl set for 6/15/01 ; status hearing set for 9:00 6/22/01 (tlf, ) (Entered: 02/06/2001)	Feb. 5, 2001	Feb. 5, 2001
26	ORDER by Mag Judge William E. Callahan Jr: SEE 2/5/01 Hearing Minutes (cc: all counsel) (tlf, ) (Entered: 02/06/2001)	Feb. 5, 2001	Feb. 5, 2001
27	MOTION by defendants Ams Properties Inc, Ams Green Tree Inc, Mariner Post-Acute, CGI WI Prop Inc, Dani Bilder to dismiss and to vacate preliminary injunction (sealed, )	June 15, 2001	June 15, 2001
28	BRIEF by defendants in support of motion to dismiss [27-1], of motion to vacate preliminary injunction [27-2] (sealed, )	June 15, 2001	June 15, 2001
29	AFFIDAVIT of Maureen Molony (sealed, )	June 15, 2001	June 15, 2001
30	CERTIFICATE OF SERVICE by defendants (sealed, )	June 15, 2001	June 15, 2001
31	NOTICE of CANCELLATION of hearing by the Court ; scheduling conference set for 9:00 6/22/01 removed from the court calendar pending resolution of defendants' motion to dismiss (cc: all counsel) (sealed, )	June 15, 2001	June 15, 2001
32	MOTION by plaintiff Wisconsin Coalition for final judgment (tlf, ) (Entered: 06/19/2001)	June 18, 2001	June 18, 2001
33	LETTER from counsel to court re: plaintiff's motion to dismiss dated 06/15/01; Defendants agree case should be dismissed, but request the Court consider all the relief requested in defendants motion to dismiss & vacate preliminary injunction. (kah, ) Modified on 06/20/2001	June 20, 2001	June 20, 2001
34	DECISION AND ORDER: by Mag Judge William E. Callahan vacating motion to vacate preliminary injunction [27-2]; IT IS FURTHER ORDERED that this action be & hereby is DISMISSED WITHOUT PREJUDICE (cc: all counsel) (kah, ) Modified on 06/28/2001 (Entered: 06/28/2001)	June 27, 2001	June 27, 2001
35	JUDGMENT: by Deputy Clerk for defendants against plaintiff dismissing case without prejudice ; IT IS HEREBY ORDERED & ADJUDGED that the preliminary injunction previously entered by this court on 01/16/01, be & hereby is vacated (cc: all counsel) (kah, ) Modified on 06/28/2001 (Entered: 06/28/2001)	June 27, 2001	June 27, 2001