Date: 06-12-2015

Case Style: William D. Avery v. Gilbert Hernandez, Daniel Phillips and The City of Milwaukee

Case Number: 2:11-cv-00408-RTR

Judge: Rudolph T Randa

Court: United States District Court for the Eastern District of Wisconsin (Milwaukee county)

Plaintiff's Attorney: John Stainthrop, Ben Elson and Janine Hoft

Defendant's Attorney: Jan Smokowicz

Description: Milwaukee, WI - William D. Avery, age 43, sued Milwaukee, Wisconsin police detectives Gilbert Hernandez and Daniel Phillips on civil rights violation theories claiming that he was wrongfully convicted of a murder that he did not commit based on perjured testimony by the officers. Plaintiff was convicted of killing Maryetta Griffin and spent 5 years in prison before being exonerated.

Docket Entries:

Date Filed # Docket Text
05/08/2015 113 ORDER signed by Judge Rudolph T. Randa on 5/8/2015 REFERRING CASE to Magistrate Judge William E. Callahan, Jr. for mediation. (cc: all counsel)(cb)
05/11/2015 114 ORDER REGARDING MEDIATION PROCEEDINGS: Mediation Hearing set for 5/21/2015 at 9:30 AM in Courtroom 242, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Magistrate Judge William E Callahan Jr. See Order for additional deadlines. Signed by Magistrate Judge William E Callahan, Jr on 5/8/15. (cc: all counsel)(dmm)
05/14/2015 115 LETTER from Jan A. Smokowicz requesting in-person status conference regarding participation of certain plaintiffs in scheduled trial. (Smokowicz, Jan)
05/19/2015 116 ORDER signed by Judge Rudolph T. Randa on 5/19/2015. Loss of companionship claims of Sirena Alline Avery, William Damen Avery, Jr., Cynthia Lynn Tyler, Jalisa Jonique Avery and Nafia Nicole Avery DISMISSED without prejudice. (cc: all counsel, via mail to Sirena Avery, Jalisa Avery, Nafia Avery, and William Damon Avery, Jr. (couldn't find address for Cynthia Tyler))(cb)
05/21/2015 117 Minute Entry for proceedings held before Magistrate Judge William E Callahan, Jr: Settlement Hearing held on 5/21/2015. Despite the efforts of the parties, mediation did not result is settlement of this action. Thus, the case will be referred back to Judge Randa for trial, which is scheduled to commence on June 1, 2015. (dmm)
05/21/2015 Case no longer referred to Magistrate Judge William E Callahan, Jr. (dmm)
05/22/2015 118 MOTION to Determine the Portions of Antron Kent's Deposition That Are Admissible At Trial by William Damon Avery. (Attachments: # 1 Exhibit A - Kent Deposition, # 2 Exhibit B - Emails Between Counsel)(Elson, Ben)
05/25/2015 119 First MOTION Supplement Plaintiff's Voir Dire by William Damon Avery. (Attachments: # 1 Exhibit Plaintiff's Revised Voir Dire)(Hoft, Janine)
05/26/2015 120 BRIEF in Opposition filed by All Defendants re 118 MOTION to Determine the Portions of Antron Kent's Deposition That Are Admissible At Trial Defendants' Memorandum in Opposition to Plaintiff's Motion. (Yuan, Jenny)
05/26/2015 121 AFFIDAVIT of Jenny Yuan in Support of Defendants' Motions in Limine. (Yuan, Jenny)
05/26/2015 122 MOTION Plaintiff's Motion to Call Witness Randolph Live at Trial by William Damon Avery. (Attachments: # 1 Exhibit A-Emails between Counsel)(Hoft, Janine)
05/27/2015 123 ORDER signed by Judge Rudolph T. Randa on 5/27/2015. 118 Avery's MOTION to Determine Portions of Antron Kent's Deposition Admissible At Trial DENIED; 119 Avery's MOTION Supplement Voir Dire GRANTED; 122 Avery's MOTION to Call Witness Randolph Live at Trial GRANTED. (cc: all counsel)(cb)
05/27/2015 124 Revised Proposed Voir Dire by William Damon Avery. (blr) (Entered: 05/28/2015)
05/29/2015 125 Exhibit List by All Defendants. (Yuan, Jenny)
05/29/2015 126 STIPULATION of Dismissal of Supplemental State Law Claims by Kevin Armbruster, City of Milwaukee, James DeValkenaere, Eric Gulbrandson, Timothy Heier, Katherine Hein, Gilbert Hernandez, Daniel Phillips. (Attachments: # 1 Text of Proposed Order)(Smokowicz, Jan)
06/01/2015 127 ORDER signed by Judge Rudolph T. Randa on 6/1/2015 APPROVING 126 Stipulation of Dismissal of Claims. Supplemental State Law Claims (Counts IV, VI, VII of First Amended Complaint) DISMISSED with prejudice and without costs to any party. (cc: all counsel)(cb)
06/03/2015 128 STIPULATION of Dismissal of Defendant Erik Gulbrandson by Kevin Armbruster, City of Milwaukee, James DeValkenaere, Eric Gulbrandson, Timothy Heier, Katherine Hein, Gilbert Hernandez, Daniel Phillips. (Attachments: # 1 Text of Proposed Order)(Smokowicz, Jan)
06/04/2015 129 ORDER signed by Judge Rudolph T. Randa on 6/4/2015 APPROVING 128 Stipulation of Dismissal. Plaintiff's claims against Eric Gulbrandson DISMISSED with prejudice and without costs to any party. (cc: all counsel)(cb)
06/04/2015 130 MOTION for Judgment As a Matter of Law by Kevin Armbruster, City of Milwaukee, James DeValkenaere, Timothy Heier, Katherine Hein, Gilbert Hernandez, Daniel Phillips. (Smokowicz, Jan)
06/04/2015 131 BRIEF in Support filed by Kevin Armbruster, City of Milwaukee, James DeValkenaere, Timothy Heier, Katherine Hein, Gilbert Hernandez, Daniel Phillips re 130 MOTION for Judgment As a Matter of Law . (Smokowicz, Jan)
06/07/2015 132 BRIEF in Opposition filed by William Damon Avery re 130 MOTION for Judgment As a Matter of Law . (Elson, Ben)
06/07/2015 133 MOTION to Reconsider Dismissal of Brady Claims And/Or MOTION to Conform the Pleadings to the Evidence by William Damon Avery. (Stainthorp, John). Added MOTION on 6/8/2015 (blr).
06/09/2015 134 ORDER signed by Judge Rudolph T. Randa on 6/9/2015. 130 Defendants' MOTION for Judgment As a Matter of Law DENIED. 133 Plaintiff's MOTION to Reconsider Dismissal of Brady Claims/Conform the Pleadings to the Evidence DENIED. (cc: all counsel)(cb) (Entered: 06/10/2015)
06/11/2015 135 Minute Entry for proceedings held before Judge Rudolph T Randa: Jury Trial begun on 6/1/2015 and was completed on 6/11/2015. See minutes for details. (Court Reporter Heidi Trapp) (cms)
06/11/2015 136 Jury Instructions. (cms)
06/11/2015 137 JURY VERDICT for plaintiff and against defendants. (cms)
06/11/2015 138 Jury Communications (this document is SEALED). (cms)
06/11/2015 139 Exhibit List by William Damon Avery. (lmf) (Entered: 06/12/2015)
06/11/2015 140 Exhibit List by All Defendants. (lmf) (Entered: 06/12/2015)
06/11/2015 141 EXHIBITS received for All Parties Exhibit lists filed. (Attachments: # 1 Plaintiff's Exhibit List, # 2 Defendant's Exhibit List) (lmf) (Entered: 06/12/2015)
06/11/2015 142 JUDGMENT signed by Deputy Clerk and approved by Judge Rudolph T. Randa on 6/11/2015 IN FAVOR OF William Damon Avery AGAINST City of Milwaukee, Daniel Phillips, Gilbert Hernandez in the amount of $1,000,000. (cc: all counsel)(cb) (Entered: 06/12/2015)

Outcome: Plaintiff's verdict for $1 million.

Plaintiff's Experts:

Defendant's Experts:

Comments: