United States of America v. Town of Thornapple, Wisconsin et al
| United States of America |
| Charidy Ludescher, Duane Biller, Angela Johnson, Stacy Zimmer, Ralph C. Kenyon, Bob Nawrocki, Tom Zelm, Jack Zupan, State of Wisconsin, Town of Lawrence, Wisconsin and Town of Thornapple, Wisconsin |
| 3:2024cv00664 |
| September 20, 2024 |
| U.S. District Court for the Western District of Wisconsin |
| Anita Marie Boor |
| James D Peterson |
| Civil Rights: Voting |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 14, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 Notice by Defendant Town of Lawrence, Wisconsin Certificate of Compliance. (Summerfield, Richard) |
| Filing 37 Notice by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan of Filing Thornapple Defendants' Certification of Successful Testing of HAVA Compliant Voting System. (Attachments: #1 Exhibit Exhibit A - Certification of Successful Testing System of HAVA Compliant Voting System) (Fernholz, Matthew) |
Filing 36
** TEXT ONLY ORDER **The court accepts the withdrawal of Eric M. McLeod and Rebecca C. Furdek and the law firm of Husch Blackwell LLP as counsel of record for the Defendants Town of Thornapple, Wisconsin, Angela Johnson, Ralph C. Kenyon, Tom Zelm and Jack Zupin, Dkt. #34 , and directs the court to update the docket with this change. Signed by Magistrate Judge Anita Marie Boor on 10/31/2024. (jls)
|
| Filing 35 Notice of Appearance filed by Matthew Martin Fernholz for Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. (Fernholz, Matthew) |
| Filing 34 Motion to Withdraw by Eric M. McLeod re: Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan and Substitution of Counsel (McLeod, Eric) Modified on 10/31/2024: Subject to approval of the Court. (lak) |
| USCA Case Number 24-2931 for #31 Notice of Appeal, filed by Ralph C. Kenyon, Jack Zupan, Angela Johnson, Town of Thornapple, Wisconsin, Tom Zelm. (jls) |
|
Filing 33
** TEXT ONLY ORDER ** Defendants have filed an interlocutory appeal of the preliminary injunction in this case under 28 U.S.C. 1292(a). Dkt. #31 . The parties agree that the case should be stayed but the injunction should remain in force pending appeal. Dkt. #30 . Accordingly, proceedings in this court are STAYED. Once the appeal is resolved, the court will ask for the parties' input on the necessary steps for resolving the rest of the case. Signed by District Judge James D. Peterson on 10/25/24. (jat)
|
| Filing 32 Transmission of Short Record to Seventh Circuit Court of Appeals re: #31 Notice of Appeal, (Attachments: #1 Docketing Statement, #2 Text Only Order No. 22, #3 Preliminary Injunction, #4 Docket Sheet) (lak) |
| #Appeal Information Packet attached. (nln) |
| #Appeal Information Packet attached. (jls) |
| Filing 31 NOTICE OF APPEAL - INTERLOCUTORY by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan as to 22 Text Only Order,,,, #27 Preliminary Injunction. Filing fee of $ 605, receipt number AWIWDC-3511312 paid. Docketing Statement filed. (Attachments: #1 Docketing Statement) (Lawson, Richard) |
| Filing 30 Status Report - Joint Proposed Case Management Plan by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan (Attachments: #1 Text of Proposed Order) (McLeod, Eric) Modified on 10/16/2024. (lak) |
|
Filing 29
** TEXT ONLY ORDER **ORDER granting #28 Motion for Extension of Time to Submit Proposed Case Management Schedule. Signed by Magistrate Judge Anita Marie Boor on 10/9/2024. (jls)
|
| Filing 28 Motion for Extension of Time to Submit Proposed Case Management Schedule by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. (McLeod, Eric) |
| Filing 27 PRELIMINARY INJUNCTION. Signed by District Judge James D. Peterson on 10/4/2024. (jls) |
| Filing 26 Response re: 22 Text Only Order,,,, by Plaintiff United States of America. (Attachments: #1 Text of Proposed Order) (Remlinger, Brian) |
| Filing 25 Transcript of Evidentiary Hearing, held 9/27/24 before Judge James D. Peterson. Court Reporter: JLD. Please review the court's policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (jat) |
| Filing 24 Minute Entry for proceedings held before District Judge James D. Peterson: Preliminary injunction hearing held on 9/27/2024. [1:20] (Court Reporter JD.) (jef) |
|
Filing 23
Partial Consent Judgment and Order. Signed by District Judge James D. Peterson on 9/27/2024. (jls)
|
|
Filing 22
** TEXT ONLY ORDER **The court held a preliminary injunction hearing at which it also heard oral argument on a motion to dismiss filed by the Town of Thornapple defendants, Dkt. #13 . For reasons stated at the hearing, the motion to dismiss, Dkt. #13 , is DENIED; the United States' motion for a preliminary injunction against the Thornapple defendants, Dkt. #3 , is GRANTED; and the joint motion by the United States and the Town of Lawrence defendants for entry of a partial consent judgment and order, Dkt. #2 , is GRANTED. The United States and the Thornapple defendants have until the close of business on October 1, 2024, to submit to the court a proposed injunction; if they cannot agree to the terms, then the parties shall clearly and briefly identify their disagreements. This shall be a joint submission. The parties should also advise the court as to what they think should happen next to resolve this case in its entirety. The briefing schedule on the motion to dismiss is struck. Signed by District Judge James D. Peterson on 9/27/2024. (jls)
|
| Filing 21 Brief in Reply by Plaintiff United States of America in Support of #3 Motion for Preliminary Injunction (Turner, Margaret) |
| Filing 20 Waiver of Service Returned Executed by Defendant State of Wisconsin. State of Wisconsin waiver sent on 9/20/2024, answer due 11/19/2024. (Oswald, Barbara) |
| Filing 19 Waiver of Service Returned Executed by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. Angela Johnson waiver sent on 9/20/2024, answer due 11/19/2024; Ralph C. Kenyon waiver sent on 9/20/2024, answer due 11/19/2024; Town of Thornapple, Wisconsin waiver sent on 9/20/2024, answer due 11/19/2024; Tom Zelm waiver sent on 9/20/2024, answer due 11/19/2024; Jack Zupan waiver sent on 9/20/2024, answer due 11/19/2024. (Attachments: #1 Executed Waiver - Jack Zupan, #2 Executed Waiver - Angela Johnson, #3 Executed Waiver - Ralph C. Kenyon, #4 Executed Waiver - Tom Zelm) (Oswald, Barbara) |
|
Filing 18
** TEXT ONLY ORDER ** The motion to admit Richard P. Lawson pro hac vice, Dkt. #17 is GRANTED. The motion to conduct the injunction hearing by teleconference, Dkt. #16 , is DENIED. The court will allow attorney Lawson to appear by videoconference. The hearing is moved to Courtroom 360. Signed by District Judge James D. Peterson on 9/26/2024. (jls)
|
| Filing 17 Motion to Admit Richard P Lawson Pro Hac Vice. ( Pro Hac Vice fee $100 receipt number AWIWDC-3497314.) by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. (Lawson, Richard) Modified on 9/26/2024 (jls). |
| Filing 16 Motion to Appear by Telephone at 9/27/2024 Videoconference by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. (McLeod, Eric) Modified on 9/26/2024. (lak) |
| Filing 15 Response re: 8 Text Only Order,,,,, Set Deadlines/Hearings,,,, by Defendant State of Wisconsin. (Attachments: #1 Exhibit Frequently Asked Questions Regarding the Use of Electronic Voting Equipment in Wisconsin Elections) (Gibson, Charlotte) |
| Filing 14 Notice of Appearance filed by Rebecca Furdek for Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. (Furdek, Rebecca) |
| Filing 13 MOTION TO DISMISS by Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. Brief in Opposition due 10/16/2024. Brief in Reply due 10/28/2024. (McLeod, Eric) |
| Filing 12 Corporate Disclosure Statement by Defendant Town of Thornapple, Wisconsin. (McLeod, Eric) |
| Filing 11 Notice of Appearance filed by Eric M. McLeod for Defendants Angela Johnson, Ralph C. Kenyon, Town of Thornapple, Wisconsin, Tom Zelm, Jack Zupan. (McLeod, Eric) |
| Filing 10 Notice of Appearance filed by Lynn Kristine Lodahl for Defendant State of Wisconsin. (Lodahl, Lynn) |
| Filing 9 Notice of Appearance filed by Charlotte Gibson for Defendant State of Wisconsin. (Gibson, Charlotte) |
|
Filing 8
** TEXT ONLY ORDER **The United States alleges that two Wisconsin towns have violated section 301 of the federal Help America Vote Act by failing to have at least one electronic voting system for use by disabled voters. The United States and the Town of Lawrence have negotiated a consent judgment, which the court is prepared to enter. However, the court will forestall action on the consent judgment until the State of Wisconsin has the opportunity to respond. The United States moves for a preliminary injunction against the Town of Thornapple. The court will hold an evidentiary hearing on the motion for injunction at 11:00 a.m., September 27, 2024. The Town of Thornapple has until September 25 to file any opposition. Any response to the proposed consent judgment or the motion for preliminary injunction from the State of Wisconsin must be filed by September 25. The United States may reply by September 26. Signed by District Judge James D. Peterson on 9/20/2024. (jls)
|
| Filing 7 Declaration of Erin Webster filed by Plaintiff United States of America re: #3 Motion for Preliminary Injunction (Remlinger, Brian) |
| Filing 6 Declaration of Brian Remlinger filed by Plaintiff United States of America re: #3 Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 - Excerpt from Excel file "Accessible Voting Equipment List by Municipality 2022", #2 Exhibit 2 - Letter from R. Tamar Hagler to Suzanne Pinnow, #3 Exhibit 3 - Email response from Suzanne Pinnow, #4 Exhibit 4 - Thornapple Town Board Meeting Minutes for June 13, 2023, #5 Exhibit 5 - Letter from United States Assistant Attorney General Kristen Clarke to Wisconsin Election Officials) (Remlinger, Brian) |
| Filing 5 Proposed Findings of Fact filed by Plaintiff United States of America re: #3 Motion for Preliminary Injunction (Remlinger, Brian) |
| Filing 4 Brief in Support of #3 Motion for Preliminary Injunction by Plaintiff United States of America (Remlinger, Brian) |
| Filing 3 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff United States of America. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Remlinger, Brian) |
| Filing 2 Joint Motion to Enter Consent Decree by Plaintiff United States of America. (Attachments: #1 Partial Consent Judgment and Order, #2 Certificate of Service) (Remlinger, Brian) |
| Filing 1 COMPLAINT against All Defendants., filed by United States of America. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Attachment to JS-44 Civil Cover Sheet) (Remlinger, Brian) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Anita Marie Boor. (lak) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
