Kristi Koschkee v. Carolyn Stanford Taylor
Appeal Number 2017AP002278 - OA
Supreme Court
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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OCCD
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SC
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08-13-2019
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Remittitur
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Comment: T/J
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OCCD
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SC
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06-25-2019
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Cites
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929 N.W.2d 600
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OCCD
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SC
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06-25-2019
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Cites
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387 Wis. 2d 552
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OCCD
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SC
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06-25-2019
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Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Opinion Decision: Other Pages: 22 Written by: Roggensack, Patience Drake Abrahamson, Shirley S. Took No Part Bradley, Rebecca Grassl Wrote Concurring Opinion 13 pages. Kelly, Daniel Wrote Concurring Opinion 1 pages. Bradley, Ann Walsh Wrote Dissenting Opinion 8 pages. Dallet, Rebecca F. Joined Dissenting Opinion Order Text: Declaration of rights; relief granted. Comment: Opinion/Decision |
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OCCD
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SC
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06-24-2019
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Public Domain Citation
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Comment: PDC No: 2019 WI 76
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OCCD
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SC
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04-10-2019
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Oral Argument
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Comment: at 1:30 p.m. Attorney Richard M. Esenberg for PET, Attorney Lester A. Pines for RES, Attorney Jeffrey A. Mandell for Amicus Curiae (Coyne Amici), Attorney Richard F. Vertstegen for Amicus Curiae (WASB & WSAA).
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OCCD
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SC
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04-03-2019
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Attorney Change
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Comment: Jeffrey A. Mandell, for the Coyne Amici, per notice of appearance, and notice of withdrawal of Lester Pines
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OCCD
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SC
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03-28-2019
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Attorney Change
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Comment: Lester A. Pines for Respondents per stipulation and consent for substitution of attorneys
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OCCD
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SC
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03-27-2019
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Letter/Correspondence
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Comment: From Clerk's Office to Counsel: enclosed is amended April OA calendar reflecting case caption change.
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OCCD
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SC
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03-26-2019
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Caption Amended
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OCCD
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SC
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03-25-2019
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Motion for Miscellaneous Relief
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Filed By: Ryan Nilsestuen
Submit Date: 3-25-2019 Decision: (N) No Action Decision Date: 3-26-2019 No Action Comment: From Ryan Nilsestuen: Requesting that Tony evers be replaced by Stanford Taylor as the named defendant. |
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OCCD
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SC
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03-12-2019
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Court Order
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IT IS ORDERED that the oral argument in this matter shall proceed as follows: (1) the petitioners shall present the initial argument and have an initial presentation of 35 minutes; (2) the respondents shall have 25 minutes of oral argument time; (3) the Coyne amici may have 10 minutes of oral argument time; (4) the amici, Wisconsin Association of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., may have 5 minutes of oral argument time; and (5) the petitioners shall have 5 minutes rebuttal.
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OCCD
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SC
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03-06-2019
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Other Papers
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Comment: State's withdrawal of non-party brief and relinquishment of oral argument time
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OCCD
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SC
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02-14-2019
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Assigned-Oral Argument
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OCCD
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SC
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12-21-2018
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Attorney Change
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Comment: AAG Luke Berg is now counsel for amicus curiae State of Wisconsin, Chief Deputy Solicitor General Ryan Walsh has withdrwan.
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OCCD
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SC
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12-04-2018
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Brief of Amicus Curiae
Brief of Amicus Curiae - WI Assn of School Boards and WI School Administrators' Alliance |
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Filed By: Richard Verstegen
Comment: WI Assn of School Boards and WI School Administrators' Alliance. Please note that the attorneys' names, state bar numbers, and contact information has been added to the covers of all briefs pursuant to Wis. Stats. Sec. 809.19(9). |
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OCCD
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SC
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12-03-2018
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Motion for Miscellaneous Relief
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Filed By: Richard Verstegen
Submit Date: 12-3-2018 Decision: (G) Grant Decision Date: 2-12-2019 ORD that the requests for oral argument time are granted. FRO that the oral argument in this matter shall proceed as follows: (1) the petitioners shall present the initial argument and have an initial presentation of 23 minutes; (2) the amici, the Attorney General and the Wisconsin dept. of Justice, may have 10 minutes of oral argument time; (3) the respondents shall have 25 minutes of oral argument time; (4) the Coyne amici may have 10 minutes of oral argument time; (5) the amici, Wisconsin Assn of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., may have 5 minutes of oral argument time; and (6) the petitioners shall have 5 minutes of rebuttal. Comment: motion to participate in oral argument filed by WI Assn of School Boards & WI School Admin Alliance Inc |
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OCCD
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SC
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12-03-2018
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Brief of Amicus Curiae
Brief of Amicus Curiae - Coyne |
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Filed By: Lester Pines
Comment: Coyne, Bell, Taylor, Otis, Stangel, Weidner and Voss |
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OCCD
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SC
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11-27-2018
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Brief of Amicus Curiae
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Filed By: Ryan Walsh
Comment: Attorney General - brief w/drawn 3/6/19 |
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OCCD
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SC
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10-30-2018
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Motion for Miscellaneous Relief
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Filed By: Ryan Walsh
Submit Date: 10-30-2018 Decision: (G) Grant Decision Date: 2-12-2019 ORD that the requests for oral argument time are granted. FRO that the oral argument in this matter shall proceed as follows: (1) the petitioners shall present the initial argument and have an initial presentation of 23 minutes; (2) the amici, the Attorney General and the Wisconsin dept. of Justice, may have 10 minutes of oral argument time; (3) the respondents shall have 25 minutes of oral argument time; (4) the Coyne amici may have 10 minutes of oral argument time; (5) the amici, Wisconsin Assn of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., may have 5 minutes of oral argument time; and (6) the petitioners shall have 5 minutes of rebuttal. Comment: AG's motion to participate in oral argument |
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OCCD
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SC
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10-08-2018
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Motion to File Amicus/Non-Party Brief
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Filed By: Ryan Walsh
Submit Date: 10-8-2018 Decision: (G) Grant Decision Date: 11-13-2018 ORD that the motion for intervention is denied; FRO that the motions for leave to file non-party briefs amicus curiae of the Wisconsin Association of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., the Attorney General and the Wisconsin Department of Justice, and Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss are granted. Twenty-two copies of the briefs shall be filed on or before December 3, 2018; FRO that the motion of Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss ("Coyne amici") for leave to participate in oral argument is held in abeyance pending further order of the court. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties. The Coyne amici are directed to ask the parties if they would be willing to cede any oral argument time to the Coyne amici. In the event the parties are unwilling to cede any argument time, the Coyne amici are directed to so inform the court by December 3, 2018. Comment: DOJ 11-13-2018 Court Order |
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OCCD
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SC
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10-08-2018
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Other Brief
Petitioner's Reply Brief |
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Filed By: Richard Esenberg
Comment: Petitioner's Reply Brief |
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OCCD
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SC
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10-05-2018
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12-03-2018
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Motion for Miscellaneous Relief
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Filed By: Lester Pines
Submit Date: 10-5-2018 Decision: (G) Grant Decision Date: 2-12-2019 ORD that the requests for oral argument time are granted. FRO that the oral argument in this matter shall proceed as follows: (1) the petitioners shall present the initial argument and have an initial presentation of 23 minutes; (2) the amici, the Attorney General and the Wisconsin dept. of Justice, may have 10 minutes of oral argument time; (3) the respondents shall have 25 minutes of oral argument time; (4) the Coyne amici may have 10 minutes of oral argument time; (5) the amici, Wisconsin Assn of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., may have 5 minutes of oral argument time; and (6) the petitioners shall have 5 minutes of rebuttal. Comment: Motion to participate in oral argument -- part of Motion to file amicus brief 11/13/18 oral arg held in abeyance; amicus granted due 12/3/18 |
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OCCD
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SC
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10-05-2018
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Motion to File Amicus/Non-Party Brief
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Filed By: Lester Pines
Submit Date: 10-5-2018 Decision: (G) Grant Decision Date: 11-13-2018 ORD that the motion for intervention is denied; FRO that the motions for leave to file non-party briefs amicus curiae of the Wisconsin Association of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., the Attorney General and the Wisconsin Department of Justice, and Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss are granted. Twenty-two copies of the briefs shall be filed on or before December 3, 2018; FRO that the motion of Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss ("Coyne amici") for leave to participate in oral argument is held in abeyance pending further order of the court. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties. The Coyne amici are directed to ask the parties if they would be willing to cede any oral argument time to the Coyne amici. In the event the parties are unwilling to cede any argument time, the Coyne amici are directed to so inform the court by December 3, 2018. Comment: Coyne, Bell, Taylor, Otis, Stangel, Weidner and Voss |
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OCCD
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SC
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10-04-2018
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Motion to File Amicus/Non-Party Brief
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Filed By: Richard Verstegen
Submit Date: 10-4-2018 Decision: (G) Grant Decision Date: 11-13-2018 ORD that the motion for intervention is denied; FRO that the motions for leave to file non-party briefs amicus curiae of the Wisconsin Association of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., the Attorney General and the Wisconsin Department of Justice, and Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss are granted. Twenty-two copies of the briefs shall be filed on or before December 3, 2018; FRO that the motion of Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss ("Coyne amici") for leave to participate in oral argument is held in abeyance pending further order of the court. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties. The Coyne amici are directed to ask the parties if they would be willing to cede any oral argument time to the Coyne amici. In the event the parties are unwilling to cede any argument time, the Coyne amici are directed to so inform the court by December 3, 2018. Comment: WI Assn of School Boards and School Administrators Alliance |
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OCCD
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SC
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09-24-2018
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Filed By: Ryan Nilsestuen
Comment: Respondent's Brief |
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OCCD
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SC
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09-14-2018
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Motion to Intervene
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Filed By: Lester Pines
Submit Date: 9-17-2018 Decision: (D) Deny Decision Date: 11-13-2018 ORD that the motion for intervention is denied; FRO that the motions for leave to file non-party briefs amicus curiae of the Wisconsin Association of School Boards, Inc. and the Wisconsin School Administrators' Alliance, Inc., the Attorney General and the Wisconsin Department of Justice, and Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss are granted. Twenty-two copies of the briefs shall be filed on or before December 3, 2018; FRO that the motion of Peggy Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie Stangel, Jane Weidner, and Kristin Voss ("Coyne amici") for leave to participate in oral argument is held in abeyance pending further order of the court. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties. The Coyne amici are directed to ask the parties if they would be willing to cede any oral argument time to the Coyne amici. In the event the parties are unwilling to cede any argument time, the Coyne amici are directed to so inform the court by December 3, 2018. Motion Response Filed By: Richard Esenberg Submit Date: 9-25-2018 Motion Response Filed By: Lester Pines Submit Date: 10-1-2018 |
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OCCD
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SC
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09-11-2018
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Letter/Correspondence
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Comment: OIP WI Manufacturers and Commerce has new counsel representing them
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OCCD
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SC
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08-10-2018
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Other Brief
Petitioner's Other Brief |
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Filed By: Richard Esenberg
Comment: Petitioner's Brief |
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OCCD
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SC
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08-06-2018
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Motion to Dismiss
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Filed By: Benjamin Jones
Submit Date: 8-6-2018 Decision: (D) Deny Decision Date: 9-4-2018 ORD that the motion is denied. Motion Response Filed By: Richard Esenberg Submit Date: 8-17-2018 Comment: Respondents Motion to Dismiss w/ Supporting Memorandum and Affidavit of Carl Bryan |
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OCCD
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SC
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07-11-2018
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Court Order
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ORD that within 30 days of the date of this order the petitioners shall file a brief in this case; that within 20 days thereafter the respondents shall file their responsive brief; and that within 10 days thereafter the petitioners shall file either their reply brief or a statement that no such brief will be filed; and FRO that the parties shall be notified of the date and time for oral argument in this appeal in due course.
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OCCD
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SC
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06-27-2018
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Cites
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382 Wis. 2d 666
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OCCD
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SC
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06-27-2018
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Cites
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913 N.W.2d 878
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OCCD
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SC
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06-27-2018
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Court Order
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ORD that the Respondents' motion to deny substitution of counsel and to disqualify the attorney general from appearing on behalf of Respondents is GRANTED. FRO that the Department of Justice's cross-motion to strike the appearance by Attorneys Ryan Nilsestuen and Benjamin R. Jones is DENIED. FRO that the governor is not a necessary party to this action.
Rebecca Grassl Bradley, J., wrote concurring in part; dissenting in part. (18 pages) Michael J. Gableman, J., joined concurrence/dissent. Daniel Kelly, J., joined concurrence/dissent. Comment: Court Order |
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OCCD
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SC
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06-27-2018
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Public Domain Citation
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Comment: PDC No: 2018 WI 82
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OCCD
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SC
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06-05-2018
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Other Papers
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Comment: Affidavit of Service (5/23/18) on Joint Committee for Review (Sen Nass and Rep Ballweg) by WILL
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OCCD
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SC
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05-15-2018
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Oral Argument
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Comment: at 9:30 a.m.; Solicitor General Misha Tseytlin for RES (DPI), Richard Esenberg for PET, Benjamin Jones for RES (Evers)
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OCCD
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SC
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05-01-2018
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Letter/Correspondence
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Comment: From Clerk's Office to Counsel: Please inform our office if the enclosed oral argument schedule comports with parties' time allotment agreement expressed in Solicitor General's 4/23/18 letter. cjp
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OCCD
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SC
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04-23-2018
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Sua Sponte
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Filed By: Misha Tseytlin
Submit Date: 4-23-2018 Decision: (N) No Action Decision Date: 4-23-2018 ORD that the Respondents' motion to deny substitution of counsel and to disqualify the attorney general from appearingon behalf of Respondents is GRANTED. FRO that the Department of Justice's cross-motion to strike the appearance by Attorneys Ryan Nilsestuen and Benjamin R. Jones is DENIED. FRO that the governor is not a necessary party to this action. Comment: response to 4/13/18 cto |
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OCCD
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SC
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04-16-2018
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Assigned-Oral Argument
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OCCD
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SC
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04-13-2018
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Court Order
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ORD that the petition for leave to commence an original action is granted, and this court assumes jurisdiction over this action. FRO that on May 15, 2018, at 9:30 a.m. the court will hear oral argument on two issues: (1) whether Evers and DPI have the right to counsel of their choice or are represented by the Attorney General and the Wisconsin Department of Justice and (2) whether the Governor is a necessary party to this action. Since the parties and the Attorney General have previously filed briefs on these issues, no further briefing is required at this time. As was stated in this court's February 14, 2018 order, without deciding the representation issue, due to the unique circumstances of this case, the court, on its own authority, authorizes Attorneys Nilsestuen and Jones to present oral argument on behalf of Evers and DPI on these two issues. The court has allotted sixty minutes of oral argument time for these two issues. The parties and the Attorney General shall submit a proposed division of the oral argument time on or before April 23, 2018, which the court will then consider in establishing a final division of oral argument time. FRO that all pending motions are held in abeyance pending further order of the court. FRO that a briefing schedule and date for oral argument on the merits of the original action petition will be scheduled at a later date.
ANN WALSH BRADLEY, J. (dissenting). SHIRLEY S. ABRAHAMSON, J. (joins dissent). |
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OCCD
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SC
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03-12-2018
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Response
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Comment: AG's Reply to Evers, DPI Response Brief
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OCCD
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SC
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03-05-2018
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Motion to Dismiss
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Filed By: Ryan Nilsestuen
Submit Date: 3-5-2018 Decision: (D) Deny Decision Date: 9-4-2018 ORD that the motion is denied. Motion Response Filed By: Thomas Kamenick Submit Date: 3-16-2018 Comment: motion, memo, declaration |
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OCCD
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SC
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03-05-2018
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Response
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Comment: petitioner's brief (whether Gov. Walker necessary party) as ordered 2/14/18
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OCCD
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SC
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03-05-2018
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Response
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Comment: Attorney General's amicus response to OA petition per 2/14/18 cto
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OCCD
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SC
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03-05-2018
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Response
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Comment: Evers and DPI response to OA petition per 2/14/18 cto w/ affidavit of D. Kohout
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OCCD
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SC
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03-05-2018
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Response
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Comment: Evers & DPI brief as ordered 2/14/18
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OCCD
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SC
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02-14-2018
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Court Order
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ORD that on or before March 5, 2018, Evers and DPI shall file a brief discussing why, given Wis. Stat. 165.25(1m), Evers and DPI believe they have the right to counsel of their choice. FRO that the Attorney General may file a response brief on the representation issue within seven days of the filing of Evers and DPIs brief. FRO that on or before March 5, 2018, Evers and DPI shall file a response to the petition to commence an original action. The response shall contain a statement regarding any relevant facts Evers and DPI believe are in dispute. FRO that the Attorney General may file an amicus brief responding to the petition to commence an original action by March 5, 2018. FRO that the response to the original action petition filed by Evers and DPI and any amicus brief filed by the Attorney General shall address whether the Governor is a necessary party to this action. FRO that the petitioners shall file a brief with this court by March 5, 2018, addressing whether the Governor is a necessary party to this action. FRO that the motion of Wisconsin Manufacturers and Commerce to file a non-party brief in support of the petition for original action is granted and the brief is accepted for filing.
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OCCD
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SC
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02-14-2018
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Other Papers
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Comment: Wisconsin Manufacturers and Commerce supporting non party brief rec'd 12/1/17 accepted for filing 2/14/18
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OCCD
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SC
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02-14-2018
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Brief of Amicus Curiae
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Comment: Non-Party Brief in Support of the Petition for Original Action
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OCCD
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SC
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12-11-2017
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Motion to Strike
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Filed By: Ryan Walsh
Submit Date: 12-12-2017 Decision: (D) Deny Decision Date: 6-27-2018 ORD that the Respondents' motion to deny substitution of counsel and to disqualify the attorney general from appearingon behalf of Respondents is GRANTED. FRO that the Department of Justice's cross-motion to strike the appearance by Attorneys Ryan Nilsestuen and Benjamin R. Jones is DENIED. FRO that the governor is not a necessary party to this action. Motion Response Filed By: Ryan Nilsestuen Submit Date: 12-18-2017 Motion Response Filed By: Misha Tseytlin Submit Date: 12-19-2017 Motion Response Filed By: Ryan Nilsestuen Submit Date: 3-5-2018 Comment: Cross Motion to Strike the Appearance by Attorneys Ryan Nisestuen and Benjamin R. Jones and Declaration of Ryan J. Walsh |
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OCCD
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SC
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12-01-2017
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Motion to File Amicus/Non-Party Brief
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Filed By: Lucas Vebber
Submit Date: 12-1-2017 Decision: (G) Grant Decision Date: 2-14-2018 ORD that on or before March 5, 2018, Evers and DPI shall file a brief discussing why, given Wis. Stat. 165.25(1m), Evers and DPI believe they have the right to counsel of their choice. FRO that the Attorney General may file a response brief on the representation issue within seven days of the filing of Evers and DPIs brief. FRO that on or before March 5, 2018, Evers and DPI shall file a response to the petition to commence an original action. The response shall contain a statement regarding any relevant facts Evers and DPI believe are in dispute. FRO that the Attorney General may file an amicus brief responding to the petition to commence an original action by March 5, 2018. FRO that the response to the original action petition filed by Evers and DPI and any amicus brief filed by the Attorney General shall address whether the Governor is a necessary party to this action. FRO that the petitioners shall file a brief with this court by March 5, 2018, addressing whether the Governor is a necessary party to this action. FRO that the motion of Wisconsin Manufacturers and Commerce to file a non-party brief in support of the petition for original action is granted and the brief is accepted for filing. Comment: Wisconsin Manufacturers and Commerce |
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OCCD
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SC
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11-29-2017
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Motion for Miscellaneous Relief
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Filed By: Ryan Nilsestuen
Submit Date: 11-29-2017 Decision: (G) Grant Decision Date: 6-27-2018 ORD that the Respondents' motion to deny substitution of counsel and to disqualify the attorney general from appearingon behalf of Respondents is GRANTED. FRO that the Department of Justice's cross-motion to strike the appearance by Attorneys Ryan Nilsestuen and Benjamin R. Jones is DENIED. FRO that the governor is not a necessary party to this action. Motion Response Filed By: Ryan Walsh Submit Date: 12-12-2017 Comment: Motion to Deny Substitution of Counsel and to Disqualify the Attorney General from Representing the Respondents |
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OCCD
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SC
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11-22-2017
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Attorney Change
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Comment: SGs Misha Tseytlin and Ryan Walsh for DPI per filing of Notice of Appearance and Substitution of Counsel
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OCCD
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SC
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11-22-2017
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Attorney Change
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Comment: Added Attorney Benjamin R. Jones on behalf of Tony Evers per letter notice of representation
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OCCD
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SC
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11-20-2017
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Fee Paid
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Comment: Receipt No: 17R 002814
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OCCD
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SC
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11-20-2017
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Petition for an Original Action
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Filed By: Richard Esenberg
Submit Date: 11-20-2017 Decision: (O) Other Decision Date: 6-25-2019 Declaration of rights; relief granted. Motion Response Filed By: Richard Esenberg Submit Date: 3-5-2018 Motion Response Filed By: Ryan Nilsestuen Submit Date: 3-5-2018 Motion Response Filed By: Misha Tseytlin Submit Date: 3-5-2018 |
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