Wisconsin Circuit Court Access (WCCA)

Wisconsin Circuit Court Access (WCCA) Marina Bay Boat Rentals, Inc. et al vs. City of Lake Geneva et al Walworth County Case Number 2009CV000624 Court Record Events Date Event Court Official Court Reporter 1 07-25-2012 Court of Appeals decision & order affirming 2 07-18-2011 Verification from Court of Appeals Notification of Filing of Circuit Court Record. 3 07-14-2011 Transmittal of record to court of appeals 4 07-08-2011 Statement on transcript additional 5 07-05-2011 Notice of compilation of record 6 06-30-2011 Verification from Court of Appeals Notice of Appeal and Circuit Court Record 7 06-28-2011 Statement on transcript 8 06-24-2011 Notice of appeal transmittal 9 06-23-2011 Notice of appeal 10 06-20-2011 Notice of entry of judgment 11 06-15-2011 Judgment after motion Race, John R. 12 06-15-2011 Judgment Race, John R. 13 06-15-2011 Order for judgment Race, John R. 14 04-14-2011 Decision Race, John R. 15 02-04-2011 Brief Page 1 of 13

Brief of defendant City of Lake Geneva in support of its motion for summary judgment & in opposition to summary judgment motion of plaintiffs 16 02-01-2011 Brief Plaintiffs supplemental brief on summary judgment motions 17 12-02-2010 Affidavit Supplemental affidavit of Terry Johnson 18 12-02-2010 Affidavit Supplemental affidavit of Attorney Lisle W Blackbourn in response to July 19, 2010 affidavit of Dennis Jordan 19 12-02-2010 Brief Plaintiffs brief in response to defendant City of Lake Geneva's July 20,2010 letter Brief 20 11-11-2010 Order Race, John R. Denying Plaintiffs' Motion to Strike July 19, 2010, Affidavit of Dennis Jordan and July 20, 2010 Letter Brief of Defendant, City of Lake Geneva 21 10-29-2010 Motion hearing Race, John R. Matoska, Linda 2:00 p.m. Court in session. Plaintiff Pamela Johnson in court with attorney Lisle W Blackbourn. Plaintiff Terry Johnson in court with attorney Lisle W Blackbourn. Lisle W Blackbourn in court for Plaintiff Pamela Johnson, Plaintiff Terry Johnson, and Plaintiff Marina Bay Boat Rentals, Inc.. Attorney Lisle W. Blackbourn in court for Third party defendant Harbor Cove Condominium Association, Inc. Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Blackbourn argues plaintiffs' motion to strike affidavit and letter brief. Attorney Waskowski explains his affidavit and letter brief. Court denies motion to strike and needs arguments for his decision to strike. Attorneys will file briefs and will enter into an agreement as to due dates. Attorney Blackbourn will prepare order from today's hearing. 2:31 p.m. Court adjourned, minutes filed. 22 10-22-2010 Affidavit of Ted Waskowski 23 08-16-2010 Affidavit of Donna Kudick Page 2 of 13

24 08-16-2010 Affidavit of Julie Strait 25 08-16-2010 Affidavit of Michael J Frazier 26 08-16-2010 Affidavit of Attorney Lisle W. Blackbourn 27 08-16-2010 Notice of motion, motion Plaintiffs notice of motion & motion to strike July 19, 2010, affidavit of Dennis Jordan & July 20, 2010, letter brief of defendant City of Lake Geneva 28 08-06-2010 Transcript Matoska, Linda Summary Judgment Motion July 7, 2010 29 08-05-2010 Transcript Matoska, Linda Summary Judgment Motion July 27, 2010 30 07-27-2010 Motion hearing Race, John R. Matoska, Linda 1:15 p.m. Court in session on continued cross motions for summary judgment. Plaintiff Terry Johnson in court with attorney Lisle W Blackbourn. Plaintiff Pamela Johnson in court with attorney Lisle W Blackbourn. Attorney Lisle Blackbourn in court for Third party defendant Harbor Cove Condominium Association, Inc. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Susan K. Allen in court for Defendant City of Lake Geneva. Attorney Daniel S Draper in court for Third party plaintiff City of Lake Geneva. Attorney Blackbourn and Attorney Waskowski argue their motions. Court takes matter under advisement. Attorneys will provide a briefs summarizing today's arguments. 3:40 p.m. Court adjourned, minutes filed. 31 07-20-2010 Brief City of Lake Geneva's Letter Brief 32 07-20-2010 Affidavit of Dennis Jordan Page 3 of 13

33 07-07-2010 Motion hearing Race, John R. Matoska, Linda 3:08 p.m. Court in session. Plaintiff Terry Johnson in court with attorney Lisle W Blackbourn. Plaintiff Pamela Johnson in court with attorney Lisle W Blackbourn. Attorney Lisle Blackbourn in court for Third party defendant Harbor Cove Condominium Association, Inc. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc., Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Susan K. Allen in court for Defendant City of Lake Geneva. Attorney Daniel S Draper in court for Third party plaintiff City of Lake Geneva. Attorney Blackbourn and Attorney Waskowski argue their motions. Court continues matter to July 27, 2010 at 1:15 p.m. 4:12 p.m. Court adjourned, minutes filed. 34 06-29-2010 Response/reply Plaintiff's Response Opposing Defendant's Motion for Summary Judgment 35 06-29-2010 Response/reply Plaintiffs' Response to Defendant's Statement of Undisputed Facts 36 06-29-2010 Brief of plaintiff Plaintiffs' Reply Brief in Support of Motion for Summary Judgment 37 06-25-2010 Affidavit of Susan K. Allen 38 06-25-2010 Response/reply City of L.G. Responsse to Plaintiffs' Statement of Undisputed Facts and Conclusions of Law in Support of Summary Judgment 39 06-25-2010 Response/reply City of L.G. Response to Plaintiffs' Brief in Support of Mlotion for Summary Judgment 40 06-17-2010 Affidavit Affidavit of Terry Johnson in support of plaintiffs motion for summary judgment 41 06-17-2010 Other papers Page 4 of 13 Plaintiffs statement of undisputed facts & proposed conclusions of law in support of summary judgment

42 06-17-2010 Affidavit of Kristine M Purcell in support of plaintiffs motion for summary judgment 43 06-17-2010 Affidavit of Attorney Lisle W Blackbourn in support of plaintiffs motion for summary judgment 44 06-17-2010 Brief Plaintiffs brief in support of motion for summary judgment 45 06-17-2010 Notice of motion, motion for summary judgment 46 06-17-2010 Other papers Appendix to city of Lake Geneva's motion for summary judgment 47 06-17-2010 Other papers City of Lake Geneva's proposed undisputed facts & proposed conclusions of law 48 06-17-2010 Brief City of Lake Geneva's brief in support of motion for summary judgment 49 06-17-2010 Notice of motion, motion City of Lake Geneva's notice of motion & motion for summary judgment 50 04-26-2010 Order Race, John R. on Motions to Strike and Compel 51 04-23-2010 Answer and affirmative defense Third-party defendants answer & affirmative defenses to counterclaim & third party complaint 52 04-23-2010 Response/reply Page 5 of 13

and affirmative defenses to counterclaim of defendant, City of Lake Geneva 53 04-12-2010 Scheduling conference Race, John R. Matoska, Linda Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc.. Attorney Susan K. Allen in court for Defendant City of Lake Geneva. Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Lisle W Blackbourn in court for Plaintiff Terry Johnson. Attorney Lisle W Blackbourn in court for Plaintiff Pamela Johnson. Attorney Daniel S Draper in court for Third party plaintiff City of Lake Geneva. Attorney Michael J. Frazier in court for Third party defendant Harbor Cove Condominium Association, Inc. Re Motion to strike counterclaim and third party complaint filed by City of Lake Geneva, Atty Blackbourn makes his argument. Atty Draper argues for extension of time. Denied for the reasons stated on the record. Re Motion to compel discovery, lengthy discussion. Denied, complied. Harbor Cove is in as a party. Re Scheduling conference - Court will not set scheduling dates. Court asks attorneys to file motions for summary judgment. Court sets motion for summary judgment Thursday, July 7, 2010 at 3:00 p.m. 10:25 a.m. Court adjourned, minutes filed. 54 04-07-2010 Brief Plaintiffs reply brief in support of second motion to compel 55 04-05-2010 Affidavit of Ted Waskowski 56 04-05-2010 Other papers City of Lake Geneva's opposition to plaintiffs second motion to compel discovery 57 04-01-2010 Affidavit of Attorney Daniel S Draper 58 04-01-2010 Notice of motion, motion to extend time to file counterclaim & third party complaint 59 04-01-2010 Response/reply Response to plaintiffs & third party defendants notice to motion & motion to strike counterclaim & third party complaint & extend time to answer 60 02-26-2010 Notice of motion, motion Page 6 of 13

Plaintiffs & third party defendants notice of motion & motion to strike counterclaim & third party complaint & extend time to answer 61 02-12-2010 Affidavit of Michael J. Fraizer in Support of Plaintiffs' Second Motion to Compel Discovery 62 02-12-2010 Notice of motion, motion Plaintiffs' Notice of Second Motion and Second Motion to Compel Discovery 63 02-08-2010 Third party summons & complaint City of Lake Geneva 64 02-08-2010 3rd party filing fee paid Amount $ 134.50 10R 003702 65 01-05-2010 Scheduling order Race, John R. First (partial) 66 01-05-2010 Scheduling conference Race, John R. Matoska, Linda 9:30 a.m. Court in session. Here on 2 cases: 97CV325 abd 09CV624. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. Attorney Ted Waskowski and Attorney Richard Yde in court via phone for Defendant City of Lake Geneva. Attorney Daniel Draper appears for City of Lake Geneva in 97CV325. Atty Draper asks the court to reopen 97CV325. Granted and court signs order. The two cases were consolidated for discovery purposes and trial. Court sets scheduling dates and deadlines. Court adjourns scheduling conference to April 12, 2010 at 9:30 a.m. Clerk to send partial scheduling order. 9:50 a.m. Court adjourned, minutes filed. 67 11-23-2009 Affidavit of Richard C Yde in support of Bill of costs 68 11-23-2009 Notice of taxation of costs Page 7 of 13

69 11-17-2009 Scheduling data sheet Daniel Draper 70 11-16-2009 Scheduling data sheet Lisle W Blackbourn 71 11-16-2009 Scheduling data sheet Susan K Allen 72 11-06-2009 Party dismissed Race, John R. Event Party Fesenmaier, Mary Jo; Roehrer, Penny ; Krohn, Arleen ; Spellman, Tom ; Tolar, Donald 73 11-06-2009 Order Race, John R. Dismissing plaintiff's first 3 causes of action for declaratory judgment, breach of contract, and injunctive relieve as to Fesenmaier, Roehrer, Krohn, Spellman and Tolar. Consolidating this case with 97-CV-325. 74 10-27-2009 Order Race, John R. for Scheduling Information and Questionnaire 75 10-27-2009 Order Race, John R. on October 5, 2009 Hearing 76 10-23-2009 Transcript Schulz, Janet L Motion Hearing October 5, 2009 77 10-05-2009 Other papers Plaintiff's Exhibit Summary for October 5, 2009, Hearing on Defendants' Motion to Dismiss 78 10-05-2009 Motion hearing Race, John R. Schulz, Janet L Page 8 of 13

1:30 p.m. Court in session on 2 cases 1997-CV-325 and 09-CV-624. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. with Terry & Pam Johnson. Attorney Daniel S Draper in court for Defendant City of Lake Geneva. Attorney Richard C Yde in court for Defendant Mary Jo Fesenmaier. Attorney Richard C Yde in court for Defendant Penny Roehrer. Attorney Richard C Yde in court for Defendant Arleen Krohn. Attorney Richard C Yde in court for Defendant Tom Spellman. Attorney Richard C Yde in court for Defendant Donald Tolar. Atty Blackbourn's motion for discovery is withdrawn. Responses have been received. Atty Yde discusses his motion to dismiss 4th cause of action as to some defendants and motion to dismiss action in its entirety. Atty Blackbourn discusses his visual aids and drawings of Lake Geneva regarding plaintiff's efforts to obtain discovery and requests defendants' motions be denied. Atty Yde argues his motion. Court dismisses as to individual alderpersons. Court continues this matter for continued discovery and motion to dismiss. Only City of Lake Geneva will remain as a defendant. Attorney Blackbourn to prepare order. This order should resolve the pending dispute as to the language in the proposed order from August 3, 2009. 2:21 Court adjourned, minutes filed. 79 10-02-2009 Brief Reply Brief in Support of Defendants' Motion to Dismiss Amended Complaint 80 10-02-2009 Brief Reply Brief of Defendants Mary Jo Fesenmaier, Penny Roehrer, Arleen Krohn, Tom Spellman and Donald Tolar in Support of Motion to Dismiss 81 09-28-2009 Brief Plaintiffs brief opposing individual defendants motion to dismiss amended complaint 82 09-28-2009 Brief Plaintiffs response brief opposing defendants motion to dismiss amended complaint 83 09-15-2009 Transcript Matoska, Linda August 3, 2009 84 09-04-2009 Amended notice of motion 85 09-04-2009 Brief in support of defendants motion to dismiss amended complaint 86 09-04-2009 Notice of motion Page 9 of 13

& defendants motion to dismiss amended complaint 87 09-03-2009 Brief Brief of defendants Mary Jo Fesenmaier, Penny Roehrer, Arleen Krohn, Tom Spellman & Donald Tolar in support of motion to dismiss 88 09-03-2009 Notice of motion, motion of individual defendants to dismiss 89 08-10-2009 Amended Plaintiffs amended notice of motion & motion to compel discovery 90 08-10-2009 Answer Answer to plaintiffs amended complaint 91 08-03-2009 Motion hearing Race, John R. Matoska, Linda 2:30 p.m. Court in session. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. and president Terry Johnson. Attorney Daniel S Draper in court for Defendant City of Lake Geneva. Attorney Richard C Yde in court for Defendant Mary Jo Fesenmaier. Attorney Richard C Yde in court for Defendant Penny Roehrer. Attorney Richard C Yde in court for Defendant Arleen Krohn. Attorney Richard C Yde in court for Defendant Tom Spellman. Attorney Richard C Yde in court for Defendant Donald Tolar. Defendant Mary Jo Fesenmaier in court. Defendant Tom Spellman in court. Here on 4 motions: Defendants' motion to dismiss plaintiff's complaint, defendants' motion to dismiss individual defendants, defendants' motion for protective order, and plaintiff's motion to compel discovery. Discussion as to stipulation and order in this and other cases. Amended complaint was filed, Atty Yde says he'll need to file another motion to dismiss that. Court orders his file consolidated with other related case (97cv325). Court allows city to answer amended complaint. Court finds city officers are not proper parties to any of these cases and dismisses them from the action. All other motions are delayed until answers to amended complaint. Court sets future motion date for 10-5-09 at 1:30 p.m.. Atty Blackbourn to prepare order from today's hearing. 3:05 Court adjourned, minutes filed. 92 08-01-2009 Judicial transfer Race, John R. 93 07-24-2009 Amended complaint 94 07-24-2009 Brief Defendants response Brief opposing defendants motion to dismiss complaint Page 10 of 13

95 07-24-2009 Brief Plaintiffs brief regarding motion to dismiss individual defendants 96 07-24-2009 Affidavit of Atty Lisle W. Blackbourn in support of plaintiffs motion to compel discovery 97 07-24-2009 Notice of motion, motion Plaintiffs notice of motion & motion to compel discovery 98 07-14-2009 Brief in support of motion for protective order 99 07-14-2009 Notice of motion, motion for protective order 100 06-30-2009 Memorandum of law Defendants' memorandum of Law in Support of Motion to Dismiss Plaintiff's Complaint 101 06-30-2009 Notice of motion, motion Defendants' Motion to Dismiss Plaintiff's Complaint 102 06-30-2009 Memorandum of law Defendants Mary Jo Fesenmaier, Penny Roehrer, Arleen Krohn, Tom Spellman & Donald Tolar's memorandum of Law in support of motion to dismiss plaintiffs complaint 103 06-30-2009 Notice of motion, motion to dismiss individual defendants 104 06-02-2009 Stipulation and Order Race, John R. 105 05-19-2009 Answer of all defendants Page 11 of 13

106 05-08-2009 Affidavit of service 5/5/09 Tom Spellman 107 05-05-2009 Affidavit of service 4/29/09 Mary Jo Fesenmaier 108 05-05-2009 Affidavit of service 4/28/09 Donald Tolar 109 05-05-2009 Affidavit of service 4/28/09 Arleen Krohn 110 05-05-2009 Affidavit of service Penny Roehrer 4/28/09 111 05-04-2009 Notice of Appearance For defendants 112 04-29-2009 Affidavit of service City of Lake Geneva by Artis Roenspies all initiating documents on 4/27/09 113 04-27-2009 Notice of motion, motion for temporary restraining order 114 04-27-2009 Notice of motion, motion to consolidate 115 04-27-2009 Affidavit of Donald Clark 116 04-27-2009 Affidavit Page 12 of 13

Court Record Events for 2009CV000624 in Walworth County of Terry W. Johnson in support of plaintiffs motion for Temporary Restraining order 117 04-27-2009 Filing fee paid 09R 011910 Amount $ 256.00 118 04-27-2009 Summons and complaint Page 13 of 13 Generated on 10-30-2012 at 11:14 am