Opinions and documents
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CANDIE YER HERR
and ERIC ZOOVES HERR,
Plaintiffs,
Case No. 25-cv-1518-pp
v.
SCOTT R. HALLOIN, JUDGE DAVID BOROWSKI
and WILLSHIRE QUINN INCOME FUND REIT, INC.,
Defendants.
ORDER SCREENING COMPLAINT, DENYING MOTION FOR PRELIMINARY
HEARING AND TO SEAL CASE (DKT. NO. 4) AND DISMISSING CASE
On October 2, 2025, the plaintiffs—representing themselves—filed a “Non
Statutory Petition in Equity” seeking an order enjoining the defendants from
violating the automatic stay during the pendency of the plaintiffs’ bankruptcy
case. Dkt. No. 1. On October 10, 2025, the court received a letter from the
petitioners requesting a preliminary hearing and asking the court to seal the
case. Dkt. No. 4. The court will deny the plaintiffs’ request for a preliminary
hearing and to seal the case. Because the complaint does not state a claim for
relief and amendment would be futile, the court will dismiss the case.
I. Screening the Complaint
A. Legal Standard
The plaintiffs have paid the filing fee. But “district courts have the power
to screen complaints filed by all litigants, prisoners and non-prisoners alike,
regardless of fee status.” Rowe v. Shake, 196 F.3d 778, 783 (7th Cir. 1999); see
also Rezny v. Wis. Dep’t of Fin. Insts., Case No. 22-C-1285, 2022 WL 17551151
at *1 (E.D. Wis. Dec. 9, 2022) (stating that courts are free to screen a complaint
for a self-represented plaintiff who has paid the full filing fee under 28 U.S.C.
§1915(e)(2)). The court will exercise that authority here.
At the screening stage, the court must decide whether the plaintiff has
raised claims that are legally “frivolous or malicious,” that fail to state a claim
upon which relief may be granted or that seek monetary relief from a defendant
who is immune from such relief. 28 U.S.C. §1915A(b). A document filed by a
self-represented litigant must be “liberally construed.” Erickson v. Pardus, 551
U.S. 89, 94 (2007) (citation and internal quotation marks omitted). Similarly, a
complaint filed by a self-represented litigant, “however inartfully pleaded, must
be held to less stringent standards than formal pleadings drafted by lawyers.”
Id.
Even though courts liberally construe their filings, self-represented
litigants still must comply with Federal Rule of Civil Procedure 8(a)(2), which
requires a complaint to contain a “short and plain statement of the claim
showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). To state a
claim against the defendants, the complaint must contain allegations that
“‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S.
662, 663 (2009). “A claim has facial plausibility when the plaintiff pleads
factual content that allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.” Id. Legal conclusions and
conclusory allegations merely reciting the elements of the claim are not entitled
to this presumption of truth. Id. at 663–64.
B. The Complaint
The plaintiffs’ “Non Statutory Petition in Equity for a Mandatory
Injunction and other Equitable Relief Request” is eighteen pages long, dkt. no.
1; the plaintiffs attached 287 pages of exhibits, dkt. no. 1-1. The plaintiffs state
that they are seeking a “Non Statutory Petition in Equity for a preliminary and
permanent mandatory injunction” against the defendants, who they allege have
“engaged in a persistent pattern of conduct” to circumvent the automatic stay
during the pendency of the plaintiffs’ bankruptcy case. Dkt. No. 1 at 1. The
plaintiffs provide a lengthy summary of litigation in which they have been
involved, both on their own behalf and on behalf of Enduring Love
International Center, LLC, a religious organization whose sole member and
manager is plaintiff Candie Herr. Id. at 2–7. The plaintiffs state that a default
judgment was entered against Enduring Love sometime in late 2022, resulting
in further proceedings in state court to enforce the judgment and to garnish
Enduring Love’s assets. Id. at 3–4. The plaintiffs assert that defendant Scott
Halloin, an attorney, represented the parties seeking to enforce the judgment
and that Halloin “threatened” the plaintiffs and their counsel with “sanction[s],
contempt of court and criminal charges.” Id. at 3–5. In late 2024, the plaintiffs
sought to vacate the default judgment against Enduring Love, but in March
2025, the state court denied the motion as untimely. Id. at 5. The plaintiffs say
that Milwaukee County Circuit Court Judge David Borowski presided over
several of these cases. Id. at 3–6.
The plaintiffs allege that on May 13, 2024, defendant Wilshire Quinn
Income Fund REIT filed a foreclosure action against them related to an October
2022 loan the plaintiffs obtained for Enduring Love’s programs and
renovations. Id. at 3, 5. The plaintiffs then filed a voluntary Chapter 7
bankruptcy petition on May 20, 2025. Id. The plaintiffs allege that in June and
July 2025, despite the automatic bankruptcy stay, Judge Borowski ordered
Candie Herr to appear in the foreclosure proceedings and threatened her with
“contempt and jail.” Id. at 6. The plaintiffs allege that Wilshire Quinn since has
filed a motion in the bankruptcy case, seeking relief from the automatic stay to
continue the foreclosure case. Id.
The plaintiffs allege that they have made “every attempt to obtain remedy
at the State Courts” but have been unsuccessful, leaving them “no other choice
but to file for Bankruptcy Chapter 7 and seek Equity in Federal courts.” Id. at
7. The plaintiffs argue that they are entitled to “a mandatory injunction against
attorneys at law” because the attorneys have violated Article 14, Section 3 of
the United States Constitution, which they say attorneys have an oath to
uphold. Id. at 7–8. The plaintiffs argue that the defendants have engaged in a
“[p]attern and practice” of constitutional violations “against their oath.” Id. at 8.
They argue that the state court judgments against Enduring Love are “void”
because they were “obtained through default judgments based on defective
service and a demonstrable lack of jurisdiction” and on Halloin’s false
statements. Id.
The plaintiffs allege that Halloin has made false statements to them and
to the courts, threatened them, “project[ed] hate and malice towards plaintiffs”
and brought “unconstitutional criminal allegations and charges” against non-
party Kay Yang. Id. The plaintiffs argue that Halloin “will not stop until he
harms everyone around [Yang], including the plaintiffs.” Id. The plaintiffs allege
that Halloin’s settlement demand letters “are acts of terror” against them and
violate their constitutional and religious rights. Id. at 9. The plaintiffs contend
that Halloin improperly has created litigation pressure in the bankruptcy court
by filing an adversary proceeding against them. Id.
The plaintiffs assert that Wilshire Quinn has willfully violated the
automatic stay by filing a motion for relief from the stay and by continuing to
litigate the state foreclosure proceedings. Id. They allege that Wilshire Quinn
has “acted in a bad faith manner” against the plaintiffs, who “agreed to terms
of an unconscionable contract and has inadvertently granted the power of sale
to the mortgage company, which was never intended.” Id.
The plaintiffs contend that they are seeking a “mandatory injunction” to
“restrain the defendant(s)” from “acting in concert with aiding the enemy
against his oath outlined in Article 14, Section 3 of the United States
constitution.” Id. at 10. They argue that the court should “compel the person(s)
named in a mandatory injunction to undo the wrong or injury with which he or
she is charged.” Id. They maintain that they have suffered immediate and
irreparable harm, including improper default judgments, violations of
constitutional rights, violations of the automatic stay, entry into an
unconscionable contract, loss of property, interference with their religious
ministry and emotional and reputational damage. Id. at 10–11. The plaintiffs
argue that the harm they have suffered outweighs the “temporary delay in debt
collection” for the defendants. Id. at 11–12. They assert that they have
demonstrated a reasonable probability of success on the merits “due to the
constitutional violations under article 14, section 3 acting against their oaths of
office, and the defendant engaging in a pattern and practice behavioral pattern
causing extreme distress to the petitioner.” Id. at 12. The plaintiffs assert that
there is a strong public interest in the bankruptcy system and the enforcement
of the automatic stay. Id.
The plaintiffs ask the court to enter “a preliminary mandatory injunction
. . . to restore the status quo as it existed before the defendant acted.” Id. at 13.
The plaintiffs request a stay of the proceedings in the bankruptcy court
pending the resolution of this case and ask the court to sanction and restrain
the defendants for violating the automatic stay, to issue “an
indefinite/permanent injunction against Scott Halloin for his reckless and
frightening behavior towards petitioners,” to declare “null and void” all cases
and judgments against the plaintiffs that Halloin has been involved in, order
“immediate turnover of seized assets to the bankruptcy estate” and to enjoin all
defendants from any collection attempts outside of the bankruptcy court. Id.
The 287 pages of exhibits the plaintiffs attached to their complaint include,
among other papers, dockets and filings related to the state court cases and
the bankruptcy case,. See Dkt. No. 1-1.
C. Analysis
Although the plaintiffs’ reasoning is difficult to follow, it appears that
they are asking the court to enjoin the defendants from interfering with the
automatic stay and to enjoin Halloin from engaging in “reckless and frightening
behavior.” The plaintiffs also appear to be asking the court to stay their
bankruptcy case, declare various state court judgments “null and void” and
order turnover of unspecified “seized assets” to the bankruptcy estate.
The plaintiffs have not filed a separate motion for a preliminary
injunction, but their complaint asks the court to issue a “preliminary
mandatory injunction.” “A preliminary injunction is an extraordinary remedy
intended to preserve the status quo until the merits of a case may be resolved.”
Ind. Civil Liberties Union v. O’Bannon, 259 F.3d 766, 770 (7th Cir. 2001). To
obtain preliminary injunctive relief, the movants must show that (1) their
underlying case has some likelihood of success on the merits; (2) no adequate
remedy at law exists; and (3) they will suffer irreparable harm without the
injunction. Wood v. Buss, 496 F.3d 620, 622 (7th Cir. 2007). If the movants
demonstrate these three factors, the court must then balance the harm to each
party and to the public interest from granting or denying the injunction. Id.
Even if the plaintiffs had filed a separate motion for a preliminary injunction,
they are not entitled to a preliminary injunction because their case is not likely
to succeed on the merits.
The plaintiffs cannot pursue their claims for “sanctions” and “legal
restraint” against Judge Borowski because he is protected by judicial
immunity. The complaint alleges only that Judge Borowski presided over some
of the state court cases involving the plaintiffs or Enduring Love. “[J]udges are
absolutely immune from awards of damages for acts taken in a judicial
capacity, whether or not the judges erred in conducting the litigation.” Myrick
v. Greenwood, 856 F.3d 487, 488 (7th Cir. 2017) (citations omitted). (See also
id. at 489, Posner, J. concurring, stating that judges “are immune from liability
for rulings made in the course of their judicial duties”). Judge Borowski “is
entitled to absolute immunity from damages, because he acted in a judicial
capacity in all respects that plaintiffs contest.” Bryant v. Chupack, 93 F.4th
1029, 1033 (7th Cir. 2024); see also Wallis v. Levine, Case No. 12 C 5285, 2013
WL 53896, at *6 (N.D. Ill. Jan. 2, 2013) (claim against state court judge for
violation of the automatic stay “is barred by the doctrine of absolute judicial
immunity”). The plaintiffs’ claims against Judge Borowski involve actions he
took in his judicial capacity, so those claims are barred by judicial immunity.
The plaintiffs have not established they are likely to succeed on any claim
against Judge Borowski.
The plaintiffs also have not established that they are likely to succeed on
their claims against Wilshire Quinn for violating the automatic stay. The court
first observes that the plaintiffs have asked the wrong court for relief. It is the
bankruptcy court that has the authority to take action against a creditor who
violates the automatic stay. As of July 10, 1984, the district court for the
Eastern District of Wisconsin referred all cases under Title 11 and any or all
proceedings arising under Title 11 or arising in or related to a case under Title
11 to the bankruptcy judges of the Eastern District. If the plaintiffs believe they
can prove that Wilshire Quinn violated the automatic stay, they should bring
that to the attention of the bankruptcy court.
But the record shows that such a motion is unlikely to be successful.
The plaintiffs argue that Wilshire Quinn violated the stay by filing a motion for
relief from the stay in the bankruptcy court and by continuing to litigate the
state foreclosure proceedings. Once a petitioner files a voluntary bankruptcy
petition, the Bankruptcy Code imposes a stay on “the commencement or
continuation . . . of a judicial, administrative, or other action or proceeding
against the debtor.” 11 U.S.C. §362(a)(1). Section 362(k) allows parties to seek
damages for a willful violation of an automatic stay. 11 U.S.C. §362(k). The
plaintiffs filed their bankruptcy petition on May 20, 2025. See In re Herr, Case
No. 25-22893-rmb (Bankr. E.D. Wis.). According to the state court docket for
the foreclosure case, on May 19, 2025—the day before the plaintiffs filed their
bankruptcy petition—the plaintiffs’ counsel filed a motion to withdraw in the
state case. Wilshire Quinn Income Fund REIT, LLC v. Enduring Love Int’l
Center, LLC et al., Milwaukee County Case No. 2024CV3866 (available at
http://wcca.wicourts.gov). On May 21, 2025, the state court held a scheduling
conference. Id. The state court then held hearings on the motion to withdraw
on June 30 and July 28, 2025. Id. On September 22, 2025, the state court held
a status conference, at which Wilshire Quinn informed the court that it would
be filing a motion to lift the bankruptcy stay as to the plaintiffs and requested
permission to pursue discovery relating to the other parties to the case who are
not subject to the stay. Id. Wilshire Quinn stated that it would be filing a
motion for default judgment against Enduring Love. Id. The state court granted
Wilshire Quinn leave to pursue discovery and scheduled a motion hearing for
December 8, 2025 on the anticipated motion for default judgment. Id. On the
same day—September 22, 2025—Wilshire Quinn filed a motion for relief from
the stay in the plaintiffs’ bankruptcy case. In re Herr, Case No. 25-22893-rmb,
Dkt. No. 76. The bankruptcy court scheduled a hearing on Wilshire Quinn’s
motion for October 22, 2025. Id., Dkt. No. 83.
None of these actions violate the automatic stay. The state court hearings
regarding the plaintiffs’ counsel’s motion to withdraw were not initiated by
Wilshire Quinn and it does not appear that Wilshire Quinn took any actions
related to that motion. Wilshire Quinn may have participated in the scheduling
conference on May 21, 2025, but it is unclear from the state court docket
whether any party informed the state court that—just the previous day—the
plaintiffs had filed for bankruptcy relief. Appearing at a previously scheduled
court hearing the day after the plaintiffs filed for bankruptcy does not violate
the automatic stay, especially when it isn’t clear when the state court or
Wilshire Quinn learned about the bankruptcy filing. See In re Wolverine Fire
Apparatus Co. of Sherwood Mich., 465 B.R. 808, 816 (Bankr. E.D. Wis. 2012)
(creditor must be aware of the pending bankruptcy proceeding to be liable for
violating the automatic stay).
The foreclosure case also involves several other parties in addition to the
plaintiffs; the automatic stay does not apply to those other parties (or to
Enduring Love, a separate legal entity from the plaintiffs). Wilshire Quinn did
not violate the stay by asking the state court for leave to pursue discovery and
a default judgment against those other parties, because the automatic stayed
suspended the foreclosure proceedings only as to the plaintiffs (the only parties
who sought bankruptcy protection). Nor did Wilshire Quinn violate the stay by
filing a motion in the bankruptcy court asking that court to lift the stay. A
bankruptcy court has the power to “grant relief from the stay . . . such as by
terminating, annulling, modifying, or conditioning such stay.” 11 U.S.C.
§362(d). Whether Wilshire Quinn is entitled to that relief is up to the
bankruptcy court. The plaintiffs have not established that they are likely to
succeed on the merits of their claim against Wilshire Quinn because they have
not shown that Wilshire Quinn violated the automatic stay.
The plaintiffs seek an injunction against Halloin, but do not specify the
terms of the requested injunction. The plaintiffs have not explained what they
want Halloin to stop doing. Do they want him to stop interfering with the
automatic stay? If so, as the court has explained, they should have sought that
relief from the bankruptcy court. Even if they had sought that relief from the
bankruptcy court, the bankruptcy court likely would not have granted it.
According to the allegations in the complaint, the only thing Halloin has done
since the plaintiffs filed their bankruptcy petition is to file an adversary
proceeding in the bankruptcy court. That does not violate the automatic stay;
the Federal Rules of Bankruptcy Procedure allow exactly that. See Fed. R.
Bankr. P. 7001, et seq. Do they want the court to enjoin Halloin from violating
Article 14, Section 3 of the Constitution? Again, they should have asked the
bankruptcy court for that relief, but even if they had, Article 14, Section 3 is the
insurrection clause, which discusses an individual’s eligibility to hold an office
of the federal government. It is not clear how Halloin, a private attorney who
does not hold a federal government office, could violate that clause. Do they
want Halloin to stop engaging in “reckless and frightening behavior” or
pursuing litigation against them? Again, they should have asked the
bankruptcy court. But construing those allegations very broadly, it sounds like
the plaintiffs may be asserting a tort (personal injury) claim against Halloin,
such as a claim for intentional infliction of emotional distress. Tort claims arise
under state law, not federal law. Federal courts cannot consider and decide
lawsuits alleging violations of state law unless the plaintiffs live in a different
state from every defendant (and the amount of claimed damages exceeds
$75,000), or unless the state-law claims relate to a federal claim. See 28 U.S.C.
§1331 (federal question jurisdiction); §1332 (diversity jurisdiction). The
complaint does not state where the parties live, so there is no basis for the
court to find that it has diversity jurisdiction. The complaint does not state any
federal claims; as the court has determined, the plaintiffs do not appear to have
stated a claim for violation of the automatic stay (even if that were this court’s
decision to make, which it is not), so the court cannot exercise supplemental
jurisdiction over any state law claims. The court has no jurisdiction to consider
a tort claim (or any other state law claims) against Halloin.
The plaintiffs also ask the court to declare certain state court judgments
“null and void.” But the plaintiffs are not parties to any of the state court cases
at issue except the ongoing foreclosure case. The judgments they reference
were entered against Enduring Love, but under Wisconsin law, “a limited
liability company is an entity distinct from its member or members.” Wis. Stat.
§183.0108. Enduring Love, not the plaintiffs, would have to seek such relief.
And if Enduring Love wished to seek such relief, it would need to be
represented by a lawyer. “[A] corporation, being nothing more than ‘a
convenient name for a complex web of contracts . . .’ is legally incapable of
appearing in court unless represented by counsel—‘corporations must appear
by counsel or not at all.’” Philos Technologies, Inc. v. Philos & D, Inc., 645 F.3d
851, 857-58 (7th Cir. 2011) (quoting Scandia Down Corp. v. Euroquilt, Inc.,
772 F.2d 1423, 1427 (7th Cir. 1985)). And even if the plaintiffs were parties to
the state court judgments at issue or somehow could raise a claim on behalf of
their LLC, their claims appear to be barred by the Rooker-Feldman doctrine.
“Under the Rooker–Feldman doctrine, lower federal courts do not have subject
matter jurisdiction over claims seeking review of state court judgments.” Long
v. Shorebank Dev. Corp., 182 F.3d 548, 554 (7th Cir. 1999) (citing Rooker v.
Fidelity Trust Co., 263 U.S. 413, 415–16 (1923); District of Columbia Court of
Appeals v. Feldman, 460 U.S. 462, 482–86 (1983)). “Rooker–Feldman, therefore,
requires a party seeking review of a state court judgment or presenting a claim
that a state judicial proceeding has violated their constitutional rights to
pursue relief through the state court system and ultimately to the Supreme
Court.” Id. (citing Centres, Inc. v. Town of Brookfield, 148 F.3d 699, 701–02
(7th Cir. 1998)). The court has no jurisdiction to declare these state court
judgments void.
The plaintiffs seek “turnover” of unspecified seized assets. Again, they
have asked the wrong court. The plaintiffs should have filed this request with
the bankruptcy court. But even if they had, that court likely would have denied
the request. To the extent these are assets of Enduring Love, the plaintiffs do
not have standing to seek turnover because property of the limited liability
corporation is not the property of the individual members. If the assets belong
to the plaintiffs themselves, the ability to obtain turnover of the bankruptcy
estate’s assets “is vested exclusively in the trustee.” In re Perkins, 902 F.2d
1254, 1257 (7th Cir. 1990). “Section 542 requires turnover to the trustee, not
the debtor. Accordingly, the trustee, not [the debtor], has standing to bring a
complaint under its provisions.” Wenzel v. Green Tree Servicing, LLC, 554 B.R.
861, 863 (Bankr. W.D. Wis. 2016). “When a third party tries to assert an action
still vested in the trustee, the court should dismiss the action.” Perkins, 902
F.2d at 1258. The plaintiffs lack standing to seek turnover of any assets to the
bankruptcy estate.
For all these reasons, the court must dismiss the complaint for failing to
state a claim. Although district courts generally give civil plaintiffs at least one
opportunity to amend their pleadings, the court need not do so “when ‘it is
certain’ that amendment would be futile.” See Fields v. Miller, Case No. 21-
1419, 2022 WL 1011666, at *3 (7th Cir. Apr. 5, 2022) (citing Runnion ex rel.
Runnion v. Girl Scouts of Greater Chi. & Nw. Ind., 786 F.3d 510, 519–20 (7th
Cir. 2015)). Here, amendment would be futile. The plaintiffs’ claims against
Judge Borowski are barred by judicial immunity. The plaintiffs should have
filed their motion alleging violations of the automatic stay in bankruptcy court,
and even if they had, court records establish that Wilshire Quinn has taken no
actions that violate the automatic stay. The plaintiffs should have filed their
request for injunctive relief against Halloin in the bankruptcy court, and even if
they had, they have not shown that they are entitled to a broad, unspecified
injunction against Halloin and this federal district court lacks jurisdiction to
hear any tort claims against him. The plaintiffs’ claims asking the federal court
to invalidate state court judgments are jurisdictionally barred. The plaintiffs
should have made their turnover request to the bankruptcy court, and even if
they had, they lack standing to seek the turnover of property to the bankruptcy
estate. The complaint is thorough in its allegations, and the court does not
believe any amendment could state a claim for relief.
The plaintiffs also asked this court to stay all proceedings in the
bankruptcy court until this case is resolved. The plaintiffs have presented no
grounds for the court to stay the bankruptcy proceeding that the plaintiffs
themselves voluntarily filed. At the time the plaintiffs filed their bankruptcy
petition, they may not have understood how bankruptcy works, but that is not
a basis for staying the case. The plaintiffs did request a stay from the
bankruptcy court pending the resolution of this case, which the bankruptcy
court denied. In re Herr, Case No. 25-22893-rmb, Dkt. No. 96. In any event,
because the court is dismissing this case, the request to stay the bankruptcy
case pending the outcome of this case is moot.
The court will dismiss the complaint without leave to amend.
II. Motion for Preliminary Hearing and to Seal
The court is dismissing the complaint and this case without leave to
amend, so it will deny as moot the plaintiffs’ motion for a preliminary hearing.
The plaintiffs also asked the court to seal this case. The plaintiffs argue
that their “lives have been consumed by the dangerous and vengeful campaign
of Scott Halloin,” which they contend has resulted in the incarceration and
bankruptcy of several members of their community. Dkt. No. 4 at 1–2. The
plaintiffs believe that Halloin was able to influence the criminal prosecution of
Kay Yang and that he has threatened to “do to Candie Herr, what happened to
Kay Yang.” Id. at 2. They assert that they “fear for [their] physical safety and
the safety of [their] church members if these cases become publicly known
through unsealed court documents.” Id. They argue that “[t]his is a necessary
measure to protect [them] from further harm and to allow [their] plea for justice
to be heard in a safe and secure forum.” Id. at 3.
General Local Rule 79(d) (E.D. Wis.) states that any document or
material filed with the court is considered public “unless, at the time of filing, it
is accompanied by a separate motion requesting that: access to the document
be restricted to the Court and counsel for the parties; or that the document or
material, or portions thereof, be sealed by the Court.” The motion must
describe what the moving party wishes to restrict or seal and must provide
“sufficient facts demonstrating good cause for withholding the document or
material from the public record.” Gen. L.R. 79(d)(2)–(3). “Absent a sufficient
factual basis demonstrating good cause sufficient to seal the documents or
materials, the motion must be denied.” Gen. L.R. 79(d)(3) (emphasis added).
The Seventh Circuit places a high burden on parties seeking to seal parts
of the judicial record. “Secrecy in judicial proceedings is disfavored, as it makes
it difficult for the public (including the bar) to understand why a case was
brought (and fought) and what exactly was at stake in it and was the outcome
proper.” GEA Grp. AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014).
The longstanding rationale for such transparency and presumption of public
access is that “the public at large pays for the courts and therefore has an
interest in what goes on at all stages of a judicial proceeding.” Citizens First
Nat’l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir.
1999) (citations omitted). “That interest does not always trump the property
and privacy interests of the litigants, but it can be overridden only if . . . there
is good cause for sealing a part or the whole of the record in that case.” Id.
(citations omitted). The Seventh Circuit has stated that it “does not look
favorably on indiscriminate, reflexive motions to seal the . . . record, but
narrow, specific requests will be granted when based on articulated, reasonable
concerns for confidentiality.” KM Enters., Inc. v. Global Traffic Techs., Inc., 725
F.3d 718, 734 (7th Cir. 2013). Sealing an entire case is appropriate only in
“extreme cases.” Jessup v. Luther, 277 F.3d 926, 928 (7th Cir. 2002) (“When
there is a compelling interest in secrecy, as in the case of trade secrets, the
identity of informers, and the privacy of children, portions and in extreme cases
the entirety of a trial record can be sealed.”).
The plaintiffs’ motion to seal does not comply with this court’s Local
Rules or the standards imposed by the Seventh Circuit. First, the plaintiffs did
not file the motion to seal at the same time they filed their case or the
documents they are seeking to seal. Second, they do not specify what material
should be sealed; it appears they are asking the court to seal the entire case.
Third, the plaintiffs did not file redacted versions of the documents they are
asking the court to seal. Fourth, the plaintiffs have not provided sufficient facts
establishing good cause. The plaintiffs express fear over retaliation from
Halloin, but the plaintiffs named Halloin as a party to this case. As a
defendant, Halloin necessarily would become aware of the case via proper
service of process; he has a right to know that he has been sued and why. It
isn’t clear to the court how sealing the case now would protect the plaintiffs
from Halloin’s alleged retaliation if the plaintiffs named Halloin as a party to
the case. The court will deny the plaintiffs’ motion to seal.
III. Conclusion
The court ORDERS that this case is DISMISSED for failure to state a
claim. The clerk will enter judgment accordingly.
The court DENIES AS MOOT the plaintiffs’ motion for a preliminary
hearing and DENIES their motion to seal this case. Dkt. No. 4.
Dated in Milwaukee, Wisconsin this 30th day of October, 2025.
BY THE COURT:
PAMELA PEPPER
Chief United States District Judge
19
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