The Democratic Party of Wisconsin et al v. Vos, Robin et al
| Colleen Robson, Denis Hostettler, Jr., Lindsay Dorff, Dennis D. Degenhardt, Nancy Stencil, The Democratic Party of Wisconsin, Peter Klitzke, Marcia Steele and Alexia Sabor |
| John Nygren, Joan Ballweg, Roger Roth, Robin Vos, Scott L. Fitzgerald, Tony Evers, Joel Brennan, Joshua L. Kaul, Stephen L. Nass and Alberta Darling |
| Amici Curiae Constitutional Law Scholars |
| 3:2019cv00142 |
| February 21, 2019 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 49
** TEXT ONLY ORDER ** Plaintiffs have moved for a preliminary injunction and defendants have moved to dismiss the case on both procedural and substantive grounds. A preliminary review of the parties' briefs shows two things. First, the parties' disputes are legal not factual, so an evidentiary hearing isn't necessary. The court will resolve the motion on the briefs and the April 26 hearing is CANCELLED. Second, both sides have failed to discuss a potentially significant issue, which is the effect of League of Women Voters v. Knudson, No. 19cv84 (Dane Cty. Cir. Ct), and SEIU, Local 1 v. Vos, No. 19cv302 (Dane Cty. Cir. Ct), on this case. The relief requested in those cases overlaps with the relief plaintiffs are requesting, which raises questions that the parties should address. The parties may have until April 26, 2019, to file supplemental briefs addressing the following issues: (1) whether this case should be stayed pending resolution of one or both of the state court lawsuits; (2) the effect of the relief already granted in the state court lawsuits on the question whether plaintiffs will be irreparably harmed in the absence of a preliminary injunction in this case; and (3) any other implications that the state court lawsuits have on either of the pending motions. Signed by District Judge James D. Peterson on 4/12/19. (jat)
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Filing 48
** TEXT ONLY ORDER ** The joint motion #45 to extend nominal defendant Kaul's deadline to answer plaintiffs' complaint is granted in part. Attorney General Kaul's answer is due no later than 30 days after the court has ruled on both the preliminary junction motion and the pending motion to dismiss. Signed by Magistrate Judge Stephen L. Crocker on 4/12/2019. (voc)
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| Filing 47 Amicus Curiae Brief filed by Amici Curiae Constitutional Law Scholars. (Patterson, Patrick) Modified on 4/12/2019. (lak) |
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Filing 46
** TEXT ONLY ORDER **The amended motion for leave to file an amicus brief, Dkt. #42 , is GRANTED as unopposed. The original motion, Dkt. #39 , is DENIED as moot. The parties may have until April 22, 2019, to respond to the amicus brief if they wish to do so. Signed by District Judge James D. Peterson on 4/11/2019. (voc)
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| Filing 45 Joint Motion for Extension of Time to File Answer re: #1 Complaint by Nominal Defendant Kaul and by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 4/18/2019. (Levy, Vincent) Modified on 4/11/2019. (lak) |
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Filing 44
** TEXT ONLY ORDER **ORDER granting #43 Motion to Admit Deana El-Mallawany Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 4/11/2019. (lak)
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| Filing 43 Motion to Admit Deana El-Mallawany Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2442157.) by Amicus Amici Curiae Constitutional Law Scholars. Motions referred to Magistrate Judge Stephen L. Crocker. (El-Mallawany, Deana) |
| Action Requested: Counsel requested to promptly file Brief Amici Curiae. (voc) |
| Filing 42 Amended Motion for Leave to File by Amicus Amici Curiae Constitutional Law Scholars, (Attachments: #1 Cover Letter) (Patterson, Patrick) Modified on 4/8/2019: See #39 for the Brief and Proposed Order. (lak) |
| Filing 41 Brief in Opposition by Defendants Joel Brennan, Tony Evers re: #34 Motion to Dismiss, filed by Joan Ballweg, John Nygren, Scott L. Fitzgerald, Stephen L. Nass, Roger Roth, Alberta Darling, Robin Vos. (Kinne, Paul) |
| Filing 40 Brief in Reply by Defendants Joan Ballweg, Alberta Darling, Scott L. Fitzgerald, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos in Support of #34 Motion to Dismiss. (Tseytlin, Misha) Modified on 4/8/2019. (lak) |
| Set Response Deadline as to #39 Motion for Leave to File Brief Amici Curiae. Response due 4/9/2019. (voc) |
| Filing 39 Motion for Leave to File Brief Amici Curiae by Amicus Amici Curiae Constitutional Law Scholars, (Attachments: #1 Text of Proposed Order, #2 Amicus Brief) (Patterson, Patrick) |
| Filing 38 Reply in Support of Proposed Findings of Fact filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) Modified on 4/1/2019. (lak) |
| Filing 37 Combined Brief in Opposition by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #34 Motion to Dismiss, filed by Joan Ballweg, John Nygren, Scott L. Fitzgerald, Stephen L. Nass, Roger Roth, Alberta Darling, Robin Vos, and Brief in Reply in Support of #2 Motion for Preliminary Injunction, (Attachments: #1 Appendix 1) (Levy, Vincent) Modified on 4/1/2019. (lak) |
| Reset Briefing Deadlines re: #34 Motion to Dimiss by Defendants Joan Ballweg, Alberta Darling, Scott L. Fitzgerald, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos. Brief in Opposition due 3/29/2019. Brief in Reply due 4/5/2019. (arw) |
| Filing 36 Response to Proposed Findings of Fact filed by Defendants Joan Ballweg, Alberta Darling, Scott L. Fitzgerald, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos re: #2 Motion for Preliminary Injunction. (Tseytlin, Misha) |
| Filing 35 Combined Brief in Support of #34 Motion to Dismiss and Response to Motion For Preliminary Injunction by Defendants Joan Ballweg, Alberta Darling, Scott L. Fitzgerald, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos. (Tseytlin, Misha) Modified on 3/15/2019: Linked to #2 Motion for Preliminary Injunction. (lak) |
| Filing 34 MOTION TO DISMISS Complaint by Defendants Joan Ballweg, Alberta Darling, Scott L. Fitzgerald, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos. Brief in Opposition due 4/4/2019. Brief in Reply due 4/15/2019. (Tseytlin, Misha) |
| Filing 33 Notice by Defendants Joan Ballweg, Alberta Darling, Scott L. Fitzgerald, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos of Motion. (Tseytlin, Misha) |
| Filing 32 Brief in Support of #2 Motion for Preliminary Injunction, by Defendants Joel Brennan, Tony Evers. (Kinne, Paul) |
| Filing 31 Notice of Appearance filed by Maura FJ Whelan for Defendant Joshua L. Kaul. (Whelan, Maura) |
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Filing 30
** TEXT ONLY ORDER ** The parties have filed a joint request to modify the briefing schedule on plaintiffs' motion for a preliminary injunction. Dkt. #29 . Specifically, the parties ask the court to adjust the schedule to allow defendants to simultaneously brief a forthcoming motion to dismiss. The parties' request is GRANTED. Defendants' motion to dismiss and response to the motion for a preliminary injunction are due March 14, 2019. Plaintiffs' opposition to the motion to dismiss and reply in support of the preliminary injunction are due March 29. And defendants' reply in support of their motion to dismiss is due April 5. The court will tentatively schedule an oral argument on both motions for April 26, at 1:00 p.m. The court will cancel hearing if it determines that one is not necessary after reviewing the parties' submissions. (Oral Argument set for 4/26/2019 at 01:00 PM in courtroom 260.) Signed by District Judge James D. Peterson on 3/4/2019. (voc)
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| Filing 29 Unopposed Motion to Amend Briefing Schedule on Behalf of All Parties by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. Motions referred to Magistrate Judge Stephen L. Crocker. (Levy, Vincent) |
| Filing 28 Notice of Appearance filed by Paul A. Kinne for Defendant Joel Brennan. (Kinne, Paul) |
| Filing 27 Notice of Appearance filed by Riley Leonard for Defendant Joel Brennan. (Leonard, Riley) |
| Filing 26 Notice of Appearance filed by Riley Leonard for Defendant Tony Evers. (Leonard, Riley) |
| Filing 25 Notice of Appearance filed by Paul A. Kinne for Defendant Tony Evers. (Kinne, Paul) |
| Filing 24 Waiver of Service Returned Executed by Defendant Joshua L. Kaul. Joshua L. Kaul waiver sent on 2/26/2019, answer due 4/29/2019. (Benish, Kevin) |
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Filing 23
ORDER of Recusal. District Judge Barbara B. Crabb recused. Case randomly reassigned to District Judge James D. Peterson for all further proceedings. Signed by District Judge Barbara B. Crabb on 2/27/2019. (voc)
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| Set Briefing Deadlines as to #2 MOTION FOR PRELIMINARY INJUNCTION . #Procedure to be followed on Motions for Injunctive Relief attached. Brief in Opposition due 3/20/2019. Brief in Reply due 4/1/2019. (voc) |
| Case randomly reassigned to District Judge Barbara B. Crabb and Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc) |
| Filing 22 Certificate of Service by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. (Benish, Kevin) |
| Filing 21 Notice of Appearance filed by Misha Tseytlin for Defendants Joan Ballweg, Alberta Darling, Scott L. Fitzgerald, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos. (Tseytlin, Misha) |
| Filing 20 Certificate of Service by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. (Benish, Kevin) |
| Filing 19 Certificate of Service by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. (Benish, Kevin) |
| Filing 18 Proposed Findings of Fact filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
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Filing 17
** TEXT ONLY ORDER ** This case was nonrandomly assigned to Judge James Peterson on the basis that it is related to One Wisconsin Institute v. Thomsen, No. 15-cv-324-jdp. See Dkt. #1 -1. But the court has reviewed the complaint in this case and determined that it is not related to One Wisconsin. The clerk of court is directed to randomly reassign the case. Signed by District Judge James D. Peterson on 2/22/2019. (voc)
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| Case randomly reassigned to Magistrate Judge Stephen L. Crocker. (arw/pao) |
| Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: #Corporate Disclosure Statement, #Order Regarding Assignment of Cases, #Notice of Assignment to Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions, #Preliminary Injunction Procedure. (arw) |
| Filing 16 Corporate Disclosure Statement by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. (Levy, Vincent) |
| Filing 15 Declaration of Kevin D. Benish filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction, (Attachments: #1 Exhibit A - 2017 Wisconsin Act 369, #2 Exhibit B - 2017 Wisconsin Act 370, #3 Exhibit C - Despite losses in statewide races, GOP strengthens hold on Wisconsin Senate, #4 Exhibit D - The several layers of Republican power-grabbing in Wisconsin, #5 Exhibit E - Speaker Vos open to looking at ways to limit Gov.-elect Tony Evers' power, #6 Exhibit F - Tony Evers prepares transition, Republicans look to curb power, #7 Exhibit G - Vos responds to Evers, explains ideas for executive power changes, #8 Exhibit H - After Raucous Hearing, Bills To Restrict Early Voting, Curtail Evers' Powers Move To Full Legislature, #9 Exhibit I - Lame-Duck Power Grabs Aren't New, But Republicans in Wisconsin and Michigan Are 'More Aggressive', #10 Exhibit J - Wisconsin Lawmakers Vote To Limit Powers Of New Democratic Governor, #11 Exhibit K - UPDATE: Senate begins debate on controversial lame-duck bills, #12 Exhibit L - Behind the Scenes in Wisconsin: A Republican Power Play, Months in the Making, #13 Exhibit M - Wisconsin Republicans Defiantly Move to Limit the Power of Incoming Democrats, #14 Exhibit N - Scott Walker signals support for Republican plan to shrink power of Tony Evers, Josh Kaul, #15 Exhibit O - Tony Evers' Plan for Wisconsin, #16 Exhibit P - Jurist, #17 Exhibit Q - Amid backlash, Wisconsin Republicans struggle to justify lame-duck laws, #18 Exhibit R - Vos: Republicans Might Limit Evers' Power Over WEDC, #19 Exhibit S - Memorandum, #20 Exhibit T - Wisconsin Legislative Council Act Memo, #21 Exhibit U - Wisconsin Legislative Council Act Memo) (Levy, Vincent) Modified on 2/22/2019: Added exhibit descriptions. Detailed e-mail sent to counsel. (lak) |
| Filing 14 Declaration of Martha Laning filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 13 Summons Issued as to Joan Ballweg, Joel Brennan, Alberta Darling, Tony Evers, Scott L. Fitzgerald, Joshua L. Kaul, Stephen L. Nass, John Nygren, Roger Roth, Robin Vos. (Attachments: #1 Summons Governor Tony Evers, #2 Summons Secretary Joel Brennan, #3 Summons Rep. Joan Ballweg, #4 Summons Sen. Alberta Darling, #5 Summons Sen. Scott Fitzgerald, #6 Summons Rep. Stephen Nass, #7 Summons Rep. John Nygren, #8 Summons Sen. Roger Roth, #9 Summons Rep. Robin Vos) (voc) |
| Filing 12 Notice of Appearance filed by Sarah Anne Zylstra for Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. (Zylstra, Sarah) |
| Filing 11 Declaration of Dennis D. Degenhardt filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 10 Declaration of Lindsay Rose Dorff filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 9 Declaration of Denis Hostettler, Jr. filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 8 Declaration of Peter Klitzke filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 7 Declaration of Colleen Robson filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 6 Declaration of Alexia Sabor filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 5 Declaration of Marcia Steele filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 4 Declaration of Nancy Stencil filed by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin re: #2 Motion for Preliminary Injunction. (Levy, Vincent) |
| Filing 3 Brief in Support of #2 Motion for Preliminary Injunction, by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. (Levy, Vincent) |
| Filing 2 MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs Dennis D. Degenhardt, Lindsay Dorff, Denis Hostettler, Jr, Peter Klitzke, Colleen Robson, Alexia Sabor, Marcia Steele, Nancy Stencil, The Democratic Party of Wisconsin. (Levy, Vincent) |
| Filing 1 COMPLAINT against All Defendants, ( Filing fee $ 400 receipt number 0758-2413277.), filed by All Plaintiffs, (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons - Rep. Robin Vos, #3 Summons - Sen. Roger Roth, #4 Summons - Rep. John Nygren, #5 Summons - Rep. Stephen Nass, #6 Summons - Sen. Scott Fitzgerald, #7 Summons - Sen. Alberta Darling, #8 Summons - Rep. Joan Ballweg, #9 Summons - Secretary Joel Brennan, #10 Summons - Governor Tony Evers, #11 Summons - Attorney General Joshua Kaul) (Levy, Vincent) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc) |
| Case non-randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. Case related to 15-cv-324-jdp. (voc) |
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