2008AP2453 East Wind Properties, LLC, v. Jahnke

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Civil Procedure
Default judgment

Where a defendant did not attend the scheduling conference, did not file his witness list, did not file an itemization of damages in connection with his counterclaim, did not did not file his pretrial report, and did not attend the pretrial conference, default judgment was properly entered against him.

"In light of this and the need of the circuit courts to be able to control their calendars to ensure 'the orderly administration of justice,' Trispel, 89 Wis. 2d at 731, 279 N.W.2d at 245, we cannot say that the circuit court erroneously exercised its discretion when it determined that Jahnke's failure to do the things he was required to do was 'egregious,' see Sentry Ins. v. Davis, 2001 WI App 203, ¶21 & n.8, 247 Wis. 2d 501, 516-517, 517 n.8, 634 N.W.2d 553, 561-562, 561 n.8 (something may be 'egregious' conduct without having been done in bad faith) (recognizing the dictionary definition of '"egregious"' as '"extraordinary in some bad way; glaring, flagrant"'). Stated another way, Jahnke's noncompliance with the circuit court's scheduling order and inaction in the case was '"extreme, substantial, and persistent."' See Industrial Roofing Servs., Inc. v. Marquardt, 2007 WI 19, ¶43, 299 Wis. 2d 81, 97, 726 N.W.2d 898, 907 (dismissal) (quoted source omitted)."

Affirmed.

Publication in the official reports is recommended.

2008AP2453 East Wind Properties, LLC, v. Jahnke

Dist. I, Milwaukee County, Foley, Cooper, JJ., Fine, J.

Attorneys: For Appellant: Nitschke, Thomas J., Milwaukee; For Respondent: Melnick, David A., Milwaukee

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