NEENAH, WI (WTAQ) – Neenah’s city attorney believes a lawsuit filed against them by Eagle Nation Cycles should remain closed.
In a motion filed Wednesday, Ann Wirth cites several reasons why the suit should remain closed. Those include that the judge followed proper procedure to dismiss it, the reinstatement request was filed too late per local court rules, the affidavits contain inadmissible hearsay statements, and that the city shouldn’t be punished for following the rules.
“The Plaintiffs can pursue another avenue of recovery, namely pursuit of a malpractice claim against their previous attorney. The Defendants should not have to continue to defend a lawsuit that was justifiably dismissed by the Court for the Plaintiffs’ failure to cooperate and respond to discovery requests or appear at their depositions,” Wirth wrote.
Eagle Nation Cycles, its owner, Steven Erato, and 3 others sued Neenah and Winnebago County. They claimed their civil rights were violated in a 2012 raid, and were seeking $50 million in damages.
In January, federal judge William Griesbach dismissed the suit, saying the plaintiffs’ attorney failed to respond to motions or complete discovery.
Citing a lack of good faith effort to move forward with the case, the judge dismissed it. But last month, the plaintiffs argued their attorney was to blame for the problems, and asked for the suit to be reinstated.
No hearings have been scheduled.
Eagle Nation Cycles was also the location of a standoff regarding the ownership of a motorcycle. Michael Funk was killed by police during the standoff, as police said Funk had a weapon and didn’t comply with officer’s commands to put it down.
The Wisconsin Department of Justice is investigating that incident. It has not said when its review will be completed.
