Wisconsin Supreme Court and Court of Appeals - Case History for Appeal Number 2008AP000967

Remittitur

Fri, 16 Jul 2010 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-18-2010
Anticipated Due Date:

Cites

Thu, 30 Dec 2010 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 07-16-2010
Anticipated Due Date:
327 Wis. 2d 572

Cites

Fri, 17 Sep 2010 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-16-2010
Anticipated Due Date:
786 N.W.2d 177

Opinion/Decision

Fri, 16 Jul 2010 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-16-2010
Anticipated Due Date:
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Reversed and remanded Pages: 61
Written by: Abrahamson, Shirley S.
Ziegler, Annette K. Joined Dissenting Opinion
Bradley, Ann Walsh Wrote Concurring Opinion 9 pages.
Gableman, Michael J. Wrote Concurring Opinion 11 pages.
Roggensack, Patience Drake Wrote Dissenting Opinion 23 pages.
Order Text: The order of the circuit court is reversed and the cause remanded.

Public Domain Citation

Thu, 15 Jul 2010 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-15-2010
Anticipated Due Date:
Comment: PDC No: 2010 WI 86

Additional Authorities

Fri, 05 Feb 2010 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 02-05-2010
Anticipated Due Date:

Attorney Change

Fri, 08 Jan 2010 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 01-08-2010
Anticipated Due Date:

Additional Authorities

Thu, 19 Nov 2009 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-17-2009
Anticipated Due Date:

Oral Argument

Tue, 18 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 11-10-2009
Anticipated Due Date:

Briefs Received At State Law Library

Thu, 05 Nov 2009 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-03-2009
Anticipated Due Date:

Letter/Correspondence

Mon, 02 Nov 2009 00:00:00 -0600

Status: OCCD
Court: SC
Filing Date: 11-02-2009
Anticipated Due Date:

Other Brief-Supreme Court

Mon, 21 Sep 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-26-2009
Anticipated Due Date:
Filed By: Robert Burns

Briefs Received At State Law Library

Thu, 29 Oct 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-25-2009
Anticipated Due Date:

Other Brief-Supreme Court

Mon, 21 Sep 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-22-2009
Anticipated Due Date:
Filed By: Jina Jonen

Briefs Received At State Law Library

Wed, 07 Oct 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-07-2009
Anticipated Due Date:

Brief of Amicus Curiae

Mon, 21 Sep 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-05-2009
Anticipated Due Date:
Brief of Amicus Curiae - Wisconsin Dept. of Justice
Filed By: Jennifer Lattis

Brief of Amicus Curiae

Mon, 21 Sep 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 10-05-2009
Anticipated Due Date:
Brief of Amicus Curiae - Wisconsin Freedom of Information Council et al.
Filed By: Robert Dreps

Attorney Change

Tue, 15 Sep 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-15-2009
Anticipated Due Date:

Briefs Received At State Law Library

Wed, 02 Sep 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 09-01-2009
Anticipated Due Date:

Motion for Miscellaneous Relief

Mon, 24 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-24-2009
Anticipated Due Date:
Filed By: Jina Jonen
Submit Date: 8-24-2009
Decision: (O) Other
Decision Date: 9-21-2009
ORD that the motion filed by the Wisconsin Freedom of Information Council, the Wisconsin Broadcasters Association, the Wisconsin Newspaper Association, the Milwaukee Journal Sentinel, Journal Broadcast Group, Inc., and the Associated Press is granted. Twenty-two copies of the brief shall be filed on or before October 5, 2009.
FRO that the motion filed by the Wisconsin Department of Justice is granted. Twenty-two copies of the brief shall be filed on or before October 5, 2009.
FRO that the parties to this review (not amici curiae) shall file supplemental briefs in response to the non-party briefs authorized above on or before October 23, 2009. The supplemental briefs shall address, interalia, (1) whether the plaintiffs-appellants have standing to pursue the claims they raised in the circuit court, (2) whether the circuit court had subject matter jurisdiction over the plaintiffs-appellants' claims and was competent to proceed with those claims, and (3) whether this court has subject matter jurisdiction over the plaintiffs-appellants' claims and is competent to proceed with a review of those claims.
Motion Response
Filed By: Jennifer Lattis
Submit Date: 8-28-2009
Motion Response
Filed By: Robert Dreps
Submit Date: 9-2-2009
Motion Response
Filed By: Wayne Pankratz
Submit Date: 9-15-2009

Brief of Amicus Curiae

Mon, 10 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-24-2009
Anticipated Due Date:
Brief of Amicus Curiae - AFSCME District Council 40
Brief of Amicus Curiae - Madison Teachers, Inc.
Filed By: Tamara Packard

Brief of Amicus Curiae

Mon, 10 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-24-2009
Anticipated Due Date:
Filed By: Bruce Ehlke

Briefs Received At State Law Library

Wed, 26 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-21-2009
Anticipated Due Date:

Motion to File Amicus/Non-Party Brief

Wed, 19 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-19-2009
Anticipated Due Date:
Filed By: Jennifer Lattis
Submit Date: 8-19-2009
Decision: (G) Grant
Decision Date: 9-21-2009
ORD that the motion filed by the Wisconsin Freedom of Information Council, the Wisconsin Broadcasters Association, the Wisconsin Newspaper Association, the Milwaukee Journal Sentinel, Journal Broadcast Group, Inc., and the Associated Press is granted. Twenty-two copies of the brief shall be filed on or before October 5, 2009.
FRO that the motion filed by the Wisconsin Department of Justice is granted. Twenty-two copies of the brief shall be filed on or before October 5, 2009.
FRO that the parties to this review (not amici curiae) shall file supplemental briefs in response to the non-party briefs authorized above on or before October 23, 2009. The supplemental briefs shall address, interalia, (1) whether the plaintiffs-appellants have standing to pursue the claims they raised in the circuit court, (2) whether the circuit court had subject matter jurisdiction over the plaintiffs-appellants' claims and was competent to proceed with those claims, and (3) whether this court has subject matter jurisdiction over the plaintiffs-appellants' claims and is competent to proceed with a review of those claims.

Reply Brief-Supreme Court

Thu, 06 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-19-2009
Anticipated Due Date:
Reply Brief-Supreme Court
Filed By: Jina Jonen

Motion to File Amicus/Non-Party Brief

Wed, 19 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-18-2009
Anticipated Due Date:
Filed By: Robert Dreps
Submit Date: 8-19-2009
Decision: (G) Grant
Decision Date: 9-21-2009
ORD that the motion filed by the Wisconsin Freedom of Information Council, the Wisconsin Broadcasters Association, the Wisconsin Newspaper Association, the Milwaukee Journal Sentinel, Journal Broadcast Group, Inc., and the Associated Press is granted. Twenty-two copies of the brief shall be filed on or before October 5, 2009.
FRO that the motion filed by the Wisconsin Department of Justice is granted. Twenty-two copies of the brief shall be filed on or before October 5, 2009.
FRO that the parties to this review (not amici curiae) shall file supplemental briefs in response to the non-party briefs authorized above on or before October 23, 2009. The supplemental briefs shall address, interalia, (1) whether the plaintiffs-appellants have standing to pursue the claims they raised in the circuit court, (2) whether the circuit court had subject matter jurisdiction over the plaintiffs-appellants' claims and was competent to proceed with those claims, and (3) whether this court has subject matter jurisdiction over the plaintiffs-appellants' claims and is competent to proceed with a review of those claims.

Assigned-Oral Argument

Tue, 18 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-18-2009
Anticipated Due Date:

Brief of Amicus Curiae

Wed, 29 Jul 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-12-2009
Anticipated Due Date:
Brief of Amicus Curiae - Wisconsin Counties Association
Filed By: Andrew Phillips

Response

Thu, 18 Jun 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-07-2009
Anticipated Due Date:

Certificate of Service

Thu, 06 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-05-2009
Anticipated Due Date:

Response Brief-Supreme Court

Thu, 16 Jul 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-05-2009
Anticipated Due Date:
Response Brief-Supreme Court
Filed By: Geoffrey Lacy

Motion to File Amicus/Non-Party Brief

Tue, 04 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-03-2009
Anticipated Due Date:
Filed By: Lester Pines
Submit Date: 8-4-2009
Decision: (G) Grant
Decision Date: 8-10-2009
ORD that the motion filed by Madison Teachers, Inc. is granted. Twenty-two copies of the brief shall be filed on or before August 24, 2009;
FRO that the motion filed by the Wisconsin Council of County and Municipal employees, District Council 40, AFSCME, AFL-CIO, is granted. Twenty-two copies of the brief shall be filed on or before August 24, 2009.

Motion to File Amicus/Non-Party Brief

Mon, 03 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 08-03-2009
Anticipated Due Date:
Filed By: Wayne Pankratz
Submit Date: 8-3-2009
Decision: (D) Deny
Decision Date: 8-18-2009
ORD that the motion is denied.
Roggensack, J., dissents.
Motion Response
Filed By: Jina Jonen
Submit Date: 8-3-2009

Motion to File Amicus/Non-Party Brief

Mon, 03 Aug 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-31-2009
Anticipated Due Date:
Filed By: Bruce Ehlke
Submit Date: 8-3-2009
Decision: (G) Grant
Decision Date: 8-10-2009
ORD that the motion filed by Madison Teachers, Inc. is granted. Twenty-two copies of the brief shall be filed on or before August 24, 2009;
FRO that the motion filed by the Wisconsin Council of County and Municipal employees, District Council 40, AFSCME, AFL-CIO, is granted. Twenty-two copies of the brief shall be filed on or before August 24, 2009.

Motion to File Amicus/Non-Party Brief

Tue, 28 Jul 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-27-2009
Anticipated Due Date:
Filed By: Andrew Phillips
Submit Date: 7-28-2009
Decision: (G) Grant
Decision Date: 7-29-2009
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before August 12, 2009.

Brief of Amicus Curiae

Wed, 15 Jul 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-27-2009
Anticipated Due Date:
Brief of Amicus Curiae - Office of the Milw. City Attorney and Office of Madison City Atty.
Filed By: Grant Langley

Attorney Change

Fri, 24 Jul 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-24-2009
Anticipated Due Date:

First Brief-Supreme Court

Thu, 18 Jun 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-16-2009
Anticipated Due Date:
First Brief-Supreme Court
Filed By: Jina Jonen

Motion to File Amicus/Non-Party Brief

Mon, 13 Jul 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 07-10-2009
Anticipated Due Date:
Filed By: Melanie Swank
Submit Date: 7-13-2009
Decision: (G) Grant
Decision Date: 7-13-2009
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before July 27, 2009.

Court Changed to Supreme Court

Thu, 18 Jun 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 06-16-2009
Anticipated Due Date:

Hold Status

Thu, 30 Apr 2009 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-16-2009
Anticipated Due Date:

Certification Filed

Thu, 30 Apr 2009 00:00:00 -0500

Status: OCCD
Court: SC
Filing Date: 04-30-2009
Anticipated Due Date:
Filed By: Unassigned District 4
Submit Date: 4-30-2009
Decision: (G) Grant
Decision Date: 6-16-2009
ORD the certification is granted and the appeal is accepted for consideration of all issues raised before the court of appeals. When this court grants direct review upon certification, it acquires jurisdiction of the case, that is, the entire appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification... Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion.
FRO that within 30 days after the date of this order the appellant must file either a brief in this court or a statement that no brief will be filed; that within 20 days of filing, the respondent must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the respondent, within 10 days of filing, the appellant must file either a reply brief or a statement that no reply brief will be filed; and
FRO that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief; instead, any material upon which there is reliance should be restated in the brief filed in this court; and
FRO that in the event any part elects not to file a brief in this court, the briefs previously submitted by that party to the court of appeals shall stand as that party's brief in the Supreme Court; and
FRO that within the time period established for the filing of briefs, each party must provide the clerk of this court with copies of the briefs previously filed on behalf of that party in the court of appeals. If a party elects to file a new brief(s), 10 copies of their court of appeals brief(s) must be provided. If a party elects to stand on their court of appeals brief(s), 17 copies of each of their court of appeals brief(s) must be provided.
FRO that the parties shall be notified of the date and time for oral argument in this appeal in due course.
See DEC event filed on 4-30-2009

Opinion/Decision

Tue, 28 Apr 2009 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 04-30-2009
Anticipated Due Date:
Judge Panel: Bridge, Vergeront, Lundsten
Opinion: Certification
Decision: Certification Filed Pages: 6
Order Text: We certify the appeal to permit the supreme court to determine if the employees' personal emails are public records and, if they are, whether public policy reasons outweigh the public's interest in disclosure.

Submitted on Briefs

Wed, 12 Nov 2008 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 11-12-2008
Anticipated Due Date:

Record and Briefs Sent to District 4

Fri, 05 Sep 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-10-2008
Anticipated Due Date:

Certificate of Filing by Mail

Wed, 08 Oct 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-08-2008
Anticipated Due Date:

Certificate of Service

Wed, 08 Oct 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-06-2008
Anticipated Due Date:

Brief of Amicus Curiae

Fri, 03 Oct 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 10-06-2008
Anticipated Due Date:
Brief of Amicus Curiae
Filed By: Melanie Swank

Briefs Received At State Law Library

Tue, 11 Nov 2008 00:00:00 -0600

Status: OCCD
Court: CA
Filing Date: 10-03-2008
Anticipated Due Date:

Motion to Strike

Fri, 26 Sep 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-25-2008
Anticipated Due Date:
Filed By: Jina Jonen
Submit Date: 9-30-2008
Decision: (G) Grant
Decision Date: 10-3-2008
ORD that the motion to strike is granted. By October 13, 2008, the nonparty shall submit amended versions of the nonparty brief that delete the struck portion.
Motion Response
Filed By: Melanie Swank
Submit Date: 9-30-2008

Brief of Amicus Curiae

Mon, 08 Sep 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-25-2008
Anticipated Due Date:
Filed By: Melanie Swank

Certificate of Service

Fri, 05 Sep 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-05-2008
Anticipated Due Date:

Reply Brief

Thu, 21 Aug 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-05-2008
Anticipated Due Date:
Reply Brief
Filed By: Jina Jonen

Motion to File Amicus/Non-Party Brief

Wed, 03 Sep 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 09-03-2008
Anticipated Due Date:
Filed By: Melanie Swank
Submit Date: 9-3-2008
Decision: (G) Grant
Decision Date: 9-8-2008
ORD that the City of Milwaukee may file a non-party brief by September 29, 2008.

Certificate of Filing by Mail

Tue, 26 Aug 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-26-2008
Anticipated Due Date:

Brief of Respondent(s)

Fri, 22 Aug 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-25-2008
Anticipated Due Date:
Brief of Respondent(s)- Don Bubolz
Filed By: Don Bubolz

Attorney Change

Thu, 21 Aug 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-21-2008
Anticipated Due Date:

Supplement to Record

Thu, 14 Aug 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-21-2008
Anticipated Due Date:

Brief of Respondent(s)

Thu, 10 Jul 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-21-2008
Anticipated Due Date:
Brief of Respondent(s)-WI Rapids School & Robert Crist
Filed By: Robert Burns

Letter/Correspondence

Thu, 14 Aug 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 08-14-2008
Anticipated Due Date:

Motion to Correct/Supplement Record

Thu, 31 Jul 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-31-2008
Anticipated Due Date:
Filed By: Don Bubolz
Submit Date: 8-12-2008
Decision: (G) Grant
Decision Date: 8-14-2008
ORD that the clerk of the circuit court shall file a supplemental return to include the letter Don Bubolz sent to the Wood County Clerk of Court and Judge Gregory Potter dated October 1, 2007, with attached exhibits A and B. The supplemental return shall be filed no later than five days from the date of this order.
FRO that the deadline for filing the respondent's brief is extended until ten days from the date of this order.

Certificate of Service

Thu, 10 Jul 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-10-2008
Anticipated Due Date:

Brief & Appx of Appellant(s)

Wed, 04 Jun 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 07-10-2008
Anticipated Due Date:
Brief of Appellant(s)
Filed By: Jina Jonen

Court Order

Wed, 11 Jun 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-11-2008
Anticipated Due Date:
ORD that this appeal will be submitted for decision immediately upon completion of the briefing.
FRO that the "AC" [accelerated] suffix is attached to the appeal number.

Record

Thu, 15 May 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 06-04-2008
Anticipated Due Date:

Transcript filed in Circuit Court

Thu, 15 May 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-13-2008
Anticipated Due Date:

Court Reporter's Statement-Trans.

Wed, 23 Apr 2008 00:00:00 -0500

Status: OCCD
Court: CA
Filing Date: 05-13-2008
Anticipated Due Date:
Court Reporter Name: (Peterson, Michelle)

Statement on Transcript