Service Employees International Union (SEIU), Local 1 v. Robin Vos

Appeal Number 2019AP000622

CONSOLIDATED - List of Consolidated Cases
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
01-05-2021
Fee Paid
Comment: Invoice No: 19668; Receipt No: 21R 000030

OCCD
SC
08-13-2020
Remittitur

OCCD
SC
07-09-2020
Cites
393 Wis. 2d 38

OCCD
SC
07-09-2020
Cites
946 N.W.2d 35

OCCD
SC
07-09-2020
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Kelly, Dallet, Hagedorn
Opinion: Opinion
Decision: Affirmed in part, reversed In part Pages: 44
Written by: Hagedorn, Brian K.
Kelly, Daniel Wrote Concurring Opinion 44 pages.
Roggensack, Patience Drake Wrote Concur/Dissent Opinion 14 pages.
Dallet, Rebecca F. Wrote Concur/Dissent Opinion 17 pages.
Bradley, Ann Walsh Joined Concur/Dissent Opinion
Hagedorn, Brian K. Wrote Concur/Dissent Opinion 15 pages.
Ziegler, Annette K. Joined Concur/Dissent Opinion
Order Text: The judgment of the circuit court is affirmed in part and reversed in part, the temporary injunction is vacated in part, and the cause is remanded for further proceedings consistent with this opinion and the opinion of Justice Daniel Kelly.
Comment: Opinion/Decision

OCCD
SC
07-08-2020
Public Domain Citation
Comment: PDC No: 2020 WI 67

OCCD
SC
11-27-2019
Other Papers
Comment: Legislative Defendants-Appellants' (proposed) Sur-Reply Brief to the Attorney General's Motion to Modify the Stay of the Temporary Injunction of 2017 Act 369

OCCD
SC
11-27-2019
Motion for Miscellaneous Relief
Filed By: Misha Tseytlin
Submit Date: 11-27-2019
Decision: (D) Deny
Decision Date: 12-10-2019
ORD that the motions are denied.
Comment: Legislative Defendants-Appellants' Motion to File a Sur-Reply Brief to the Attorney General's Motion to Modify the Stay of the Temporary Injunction of 2017 Act 369

OCCD
SC
11-25-2019
Other Papers
Comment: Attorney General's Reply Brief in Support of his Motion to Modify the Stay of the Temporary Injunction of 2017 Wis. Act 369.

OCCD
SC
11-25-2019
Letter/Correspondence
Comment: Filed by AAG Roth responding to the Legislative Defendants' 11/12/19 supplemental authority letter.

OCCD
SC
11-25-2019
Motion for Miscellaneous Relief
Filed By: Colin Roth
Submit Date: 11-25-2019
Decision: (D) Deny
Decision Date: 12-10-2019
ORD that the motions are denied.
Comment: AG's Motion for Leave to File a Reply Brief in Support of his Motion to Modify the Stay of the Temporary Injunction of 2017 Wis. Act 369

OCCD
SC
11-20-2019
Briefs Received At State Law Library
Comment: Add'l Authorities

OCCD
SC
11-12-2019
Additional Authorities
Comment: filed by Atty Tseytlin

OCCD
SC
11-01-2019
Motion for Miscellaneous Relief
Filed By: Colin Roth
Submit Date: 11-1-2019
Decision: (D) Deny
Decision Date: 12-10-2019
ORD that the motion is denied.
Motion Response
Filed By: Misha Tseytlin
Submit Date: 11-12-2019
Comment: Attorney General's Motion for Leave to File a Supplemental Brief (22 copies of proposed brief rec'd w/motion)

OCCD
SC
11-01-2019
Motion for Miscellaneous Relief
Filed By: Colin Roth
Submit Date: 11-1-2019
Decision: (D) Deny
Decision Date: 7-9-2020
Footnote 27 in Justice Hagedorn's majority opinion constitutes the decision of the court in regards to this motion.
Motion Response
Filed By: Misha Tseytlin
Submit Date: 11-12-2019
Comment: Attorney General's Motion to Modify the Stay of the Temporary Injunction of 2017 Wis. Act 269

OCCD
SC
10-21-2019
Oral Argument
Comment: at 1:30 p.m. Attorney Misha Tseytlin for DEF-APP, Attorney Josh Kaul for DEF-RES, Attorney Matthew Wessler PLA-RES, Attorney Lester Pines for DEF-RES

OCCD
SC
10-15-2019
Briefs Received At State Law Library
Comment: Sur-Reply Brief

OCCD
SC
10-14-2019
Response
Comment: Letters from parties re: oral argument (per cto 10/7/19); letter filed via fax 10/10/19 by Atty Tseytlin, AAG Roth submitted Respondents arguing attorneys and allocation of time on 10-14-2019

OCCD
SC
10-09-2019
Filed By: Lester Pines
Comment: Sur-Reply Brief of Governor Tony Evers; 14 addl copies rec'd 10/10/19

OCCD
SC
10-08-2019
Letter/Correspondence
Comment: Letter from Atty Tseytlin re: Atty LeRoy

OCCD
SC
10-07-2019
Caption Amended

OCCD
SC
10-07-2019
Court Order
ORD that the caption in these two matters shall be amended as follows. In Case No. 2019AP614-LV, the caption shall be amended to designate Robin Vos, in his official capacity as Wisconsin Assembly Speaker, Roger Roth, in his official capacity as Wisconsin Senate President, Jim Steineke, in his official capacity as Wisconsin Assembly Majority Leader, and Scott Fitzgerald, in his official capacity as Wisconsin Senate Majority Leader, as defendants-appellants. In Case No. 2019AP622, the caption shall be amended to designate Josh Kaul, in his official capacity as Attorney General of the State of Wisconsin, and Tony Evers, in his official capacity as Governor of the State of Wisconsin, as defendants-respondents. Thus, the caption for both matters is now the same. FRO that the clerk of this court shall issue a notice of amendment of caption that sets forth the full caption, as amended, for each of these two appellate proceedings. FRO that the parties and amici shall use the amended caption and both case numbers in all future filings in this court. The parties and amici are not required to submit amended cover pages for briefs and other documents that have already been filed in these two cases. FRO that each side shall be granted 60 minutes to present oral argument. The defendants-appellants shall be on one side, and the plaintiffs-respondents and defendants-respondents shall be grouped together on the other side. The defendants-appellants shall present oral argument first and may reserve up to 10 minutes of their oral argument time for rebuttal. The plaintiffs-respondents and the defendants-respondents shall present oral argument following the completion of the initial argument by the defendants-appellants. FRO that, on or before October 14, 2019, defendants-respondents on the one hand and the plaintiffs-respondents and the defendants-respondents on the other hand shall each submit a letter to the clerk of this court advising as to the order of presentation...


OCCD
SC
10-03-2019
Briefs Received At State Law Library
Comment: Amicus Briefs

OCCD
SC
10-03-2019
Court Order
ORD that any response to the motion to strike shall be filed by 4:45 p.m. on Monday, October 7, 2019

OCCD
SC
10-01-2019
Motion to Strike
Filed By: Christa Westerberg
Submit Date: 10-1-2019
Decision: (D) Deny
Decision Date: 10-11-2019
ORD that the motion is denied.
Motion Response
Filed By: Corydon Fish
Submit Date: 10-7-2019
Comment: Defendant-Respondent/Defendant Tony Evers' Motion to Strike in Part the Non-Party Brief of WMC, Response to MSK due 10-7-2019 by 4:45 p.m., See 10-3-2019 CTO

OCCD
SC
09-27-2019
Filed By: Corydon Fish
Comment: Wisconsin Manufacturers & Commerce

OCCD
SC
09-26-2019
Certificate of Service
Comment: Re: BAM; mailed 09/26/2019.

OCCD
SC
09-26-2019
Filed By: Richard Esenberg
Comment: Wisconsin Institute for Law & Liberty, Inc.

OCCD
SC
09-25-2019
Motion for Miscellaneous Relief
Filed By: Lester Pines
Submit Date: 9-25-2019
Decision: (G) Grant
Decision Date: 10-9-2019
ORD that the motion is granted. The sur-reply brief, which was filed with the motion for leave on September 25, 2019, is accepted as filed. However, the Governor must file an additional fourteen copies by 4:30 p.m. on October 10, 2019, pursuant to Wis. Stat. (Rule) 809.64 and 809.19(8).
Motion Response
Filed By: Misha Tseytlin
Submit Date: 10-2-2019
Comment: Defendant-Respondent/Defendant Tony Evers' motion for leave to file a brief in sur-reply to the reply brief of legislative defendants-petitioners/defendants-appellants

OCCD
SC
09-24-2019
Briefs Received At State Law Library
Comment: Redacted briefs

OCCD
SC
09-23-2019
Motion to Strike
Filed By: Lester Pines
Submit Date: 9-23-2019
Decision: (D) Deny
Decision Date: 10-7-2019
ORD that the motion to strike is denied.
Motion Response
Filed By: Misha Tseytlin
Submit Date: 10-2-2019
Comment: Motion to Strike a Portion of the Reply Brief of Legislative Defendants-Petitioners/Defendants-Appellants

OCCD
SC
09-20-2019
Interim Motion for Reconsideration
Filed By: Lester Pines
Submit Date: 9-20-2019
Decision: (D) Deny
Decision Date: 9-27-2019
ORD that the motion for reconsideration is denied, and the non-party brief of the Wisconsin Institute for Law and Liberty is accepted for filing as of its receipt on September 26, 2019.
Motion Response
Filed By: Richard Esenberg
Submit Date: 9-26-2019
Comment: Defendant-Respondent/Defendant Tony Evers' motion for reconsideration of the courts 9-17-2019 order granting the Wisconsin Institute for Law & Liberty, Inc. leave to file a non-party brief.

OCCD
SC
09-19-2019
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Misha Tseytlin

OCCD
SC
09-17-2019
E-Filing Certification
Comment: re: Redacted/Restated Brief of Service Employees International Union, Local 1, et al.

OCCD
SC
09-17-2019
Motion to File Amicus/Non-Party Brief
Filed By: Anthony LoCoco
Submit Date: 9-17-2019
Decision: (G) Grant
Decision Date: 9-17-2019
ORD that the motion is granted. In light of the fact that oral argument is scheduled for October 21, 2019, the Wisconsin Institute for Law & Liberty, Inc. shall file twenty-two copies of the non-party brief on or before September 27, 2019.
Comment: re: Wisconsin Institute for Law & Liberty, Inc.

OCCD
SC
09-17-2019
Certificate of Service

OCCD
SC
09-17-2019
Filed By: Thomas Bellavia
Comment: Redacted/Restated Brief of Attorney General Josh Kaul

OCCD
SC
09-17-2019
Filed By: Lester Pines
Comment: Redacted/Restated Brief of Governor Tony Evers

OCCD
SC
09-17-2019
Filed By: Stacie Rosenzweig
Comment: Redacted/Restated Brief of Service Employees International Union, Local 1, et al.

OCCD
SC
09-16-2019
Filed By: Misha Tseytlin
Comment: Redacted Brief of Legislative Defendants

OCCD
SC
09-12-2019
Court Order
Continued 3 of 3
FRO that Attorney General Kaul shall file a new version of his response brief in which he may restate the arguments set forth in the stricken sections identified in the preceding paragraph so long as the restated arguments do not cite to or rely upon the Affidavit of Charlotte Gibson. The remainder of the text of the response brief shall remain as set forth in the corrected version filed on September 5, 2019. The table of contents and table of authorities may be revised to conform to new page numbers in the revised brief; and

FRO that by 4:30 p.m. on Tuesday, September 17, 2019, the Legislative Defendants shall file a redacted copy of their brief-in-chief from which the following portions have been redacted, with each copy of the redacted brief-in-chief bearing the following notation at the top of the cover page: "Redacted Pursuant to Court Order of September 12, 2019":
1.In the first full paragraph on page 10 that carries over onto the top of page 11, the last sentence on page 10 ("This follows the notice-and-comment procedure . . .") through the end of the citation on the seventh line on page 11 (". . . (judicial notice of state records).");
2.In the last full paragraph on page 66 that carries over onto the top of page 67, from the start of the sentence that begins on the fifth line of the paragraph ("They would be happy to show . . .") through the first sentence on page 67 (". . . is a worthwhile reform.");
3.The second and third citations on page ix under "Other Authorities" in the Table of Authorities; and

FRO that the Legislative Defendants shall serve and file their reply brief by the close of business on Friday, September 20, 2019.

OCCD
SC
09-12-2019
Court Order
Continued.. 2 of 3
FRO that Governor Evers shall redact the following portions of his response brief:
1.Footnote three in its entirety on page 34;
2.In the second full paragraph on page 41 and the following paragraph that carries over onto page 42, from the start of the second sentence on the third line of the second full paragraph on page 41 ("Moreover, the Governor's . . .") through the end of the following paragraph that carries over onto the top of page 42 (". . . all other agency functions. (Id. 53-56, 124, 159-60, 178, 190-92).");
3.In the first full paragraph on page 42 that carries over onto the top of page 43, from the second bullet point ("Going forward, . . .") through the end of the second-to-last sentence in that paragraph in the middle of page 43 (". . . that also implement the law. (Id., 62, 108, 133, 157, 160, 192.)");
4.In the last full paragraph on page 44 through the first full paragraph on page 45, from the start of the second sentence in the fourth line of the last full paragraph on page 44 ("Omitted is the fact . . .") through the end of the first full paragraph on page 45 (". . . provisions of Act 369 are unconstitutional."); and

FRO that Attorney General Kaul shall delete the Affidavit of Charlotte Gibson in its entirety from the appendix to his response brief, and the following portions of his response brief shall be stricken:
1.Section I.A. in the Statement of the Case on pages 5-6 (from "The Wisconsin Department of Justice (DOJ) litigates . . ." on page 5 through the end of the carryover paragraph on the top of page 6 (". . . the validity of a state statute (Gibson Aff. 5).");
2.The entirety of section II.B.3. in the Argument on pages 27-38 (from "Setting aside how a remand . . ." on page 27 through end of the second full paragraph on page 38 (". . . violate the separation of powers.")); and

OCCD
SC
09-12-2019
Court Order
1 of 3
ORD that the motion to strike is granted. The Plaintiffs, Governor Evers, and Attorney General Kaul shall file redacted or restated copies of their response briefs and appendices as set forth in the following paragraphs by 4:30 p.m. on Tuesday, September 17, 2019. The cover page of each copy of such redacted/restated briefs shall bear the following notation at the top of the page: "Redacted or Restated Pursuant to Court Order of September 12, 2019." The redactions shall be made so that the redacted portions may no longer be read, and the stricken portions of the Attorney General's response brief shall be deleted (to be replaced by the restated arguments, as described below); and
FRO that the Plaintiffs shall redact the following portions of their response brief:
1.In the first full paragraph on page 15, from the start of the paragraph ("Discretion over these . . .") through the citation to the newspaper article that ends on the eighth line of that paragraph (" . . . https://bit.ly/30DB1W6.");
2.In the second full paragraph on page 22, the following citation: "See Patrick Marley, GOP Legislators Seek to Intervene in More Lawsuits at Taxpayer ExpenseThis Time over Environmental Laws, Milwaukee J. Sentinel (Apr. 25, 2019), https://bit.ly/2NqHpos.";
3.In the second full paragraph on page 23, from the start of the paragraph ("This problem is not . . .") through the citation to the newspaper article that ends on the ninth line of that paragraph (". . . htps://bit.ly/2NA9TF7.");
4.In the carryover paragraph on the top of page 49, from the sentence that begins "Taxpayer-funded legal fees . . ." on the second line of page 49 through the end of that paragraph (". . . several disputes with lawmakers.");
5.The entries for the four newspaper articles identified as originating from the "Milwaukee J. Sentinel" under "Other Authorities" in the Table of Authorities on page ix; and

OCCD
SC
09-11-2019
Motion to File Amicus/Non-Party Brief
Filed By: Corydon Fish
Submit Date: 9-11-2019
Decision: (G) Grant
Decision Date: 9-11-2019
ORD that the motion is granted in part. Wisconsin Manufacturers and Commerce is authorized to file a non-party brief. In light of the fact that oral argument is scheduled for 10/21/19, however, twenty-two copies of the non-party brief shall be filed on or before 9/27/19.
Comment: re: Wisconsin Manufacturers & Commerce

OCCD
SC
09-09-2019
Court Order
ORD that, on or before 12:00 p.m. on Wednesday, September 11, 2019, the parties other than the Legislative Defendants shall file a response to the motion to strike, as supplemented. FRO that in the court's future order that resolves the pending motion to strike, the court will also establish a due date for the filing of the Legislative Defendants' reply brief in these matters. Given the fact that oral argument in these matters is scheduled for October 21, 2019, the court urges counsel for the Legislative Defendants to continue working on their reply brief while the motion to strike is pending so that they will be able to file their reply brief within the schedule the court will establish, regardless of the outcome of the motion to strike.

OCCD
SC
09-06-2019
Court Order
ORD that, on or before 12:00 p.m. on Monday, September 9, 2019, the Legislative Defendants shall file a supplement to their motion to strike that identifies with specificity (by page number, paragraph, and/or line on a page) the portions of the briefs and appendices that they allege violate this court's rules and caselaw. In addition, the supplement shall explain with specificity for each challenged brief and appendix why this court should strike the entire brief or appendix rather than striking the challenged portions.

OCCD
SC
09-05-2019
Motion to Strike
Filed By: Misha Tseytlin
Submit Date: 9-5-2019
Decision: (G) Grant
Decision Date: 9-12-2019
ORD that the motion to strike is granted. The Plaintiffs, Governor Evers, and Attorney General Kaul shall file redacted or restated copies of their response briefs and appendices as set forth in the following paragraphs by 4:30 p.m. on Tuesday, September 17, 2019. The cover page of each copy of such redacted/restated briefs shall bear the following notation at the top of the page: "Redacted or Restated Pursuant to Court Order of September 12, 2019." The redactions shall be made so that the redacted portions may no longer be read, and the stricken portions of the Attorney General's response brief shall be deleted (to be replaced by the restated arguments, as described below); and
FRO that the Plaintiffs shall redact the following portions of their response brief:
1.In the first full paragraph on page 15, from the start of the paragraph ("Discretion over these . . .") through the citation to the newspaper article that ends on the eighth line of that paragraph (" . . . https://bit.ly/30DB1W6.");
2.In the second full paragraph on page 22, the following citation: "See Patrick Marley, GOP Legislators Seek to Intervene in More Lawsuits at Taxpayer ExpenseThis Time over Environmental Laws, Milwaukee J. Sentinel (Apr. 25, 2019), https://bit.ly/2NqHpos.";
3.In the second full paragraph on page 23, from the start of the paragraph ("This problem is not . . .") through the citation to the newspaper article that ends on the ninth line of that paragraph (". . . htps://bit.ly/2NA9TF7.");
4.In the carryover paragraph on the top of page 49, from the sentence that begins "Taxpayer-funded legal fees . . ." on the second line of page 49 through the end of that paragraph (". . . several disputes with lawmakers.");
5.The entries for the four newspaper articles identified as originating from the "Milwaukee J. Sentinel" under "Other Authorities" in the Table of Autho
Comment: Legislative Defendants-Petitioners, Defendants-Appellant's Emergency Motion to Strike Response Brief and Appendix Filed by the Attorney General, Response Brief and Appendix Filed by the Governor and Response Brief Filed by Plaintiffs; 9/9/19 Supplement to Emergency Motion to Strike filed (per cto 9/6/19) Plas-Res' Supplemental Response in Opposition to the Legislative Defs' Motion to Strike

OCCD
SC
09-05-2019
Filed By: Thomas Bellavia
Comment: Brief of Attorney General Josh Kaul. Note that the caption has been corrected on this brief to reflect both of the consolidated cases. **SEE CTO 9/12/19**

OCCD
SC
09-04-2019
E-Filing Certification

OCCD
SC
09-04-2019
Motion for Miscellaneous Relief
Filed By: Stacie Rosenzweig
Submit Date: 9-4-2019
Decision: (D) Deny
Decision Date: 9-9-2019
ORD that the motion is denied.
Comment: Plaintiffs-Respondents' Motion for Evidentiary Hearing or Appointment of a Special Master

OCCD
SC
09-04-2019
Filed By: Lester Pines
Comment: Separate Appendix. Brief of Governor Tony Evers **SEE CTO 9/12/19**

OCCD
SC
09-04-2019
Filed By: Stacie Rosenzweig
Comment: Separate Appendix. Brief of Service Employees International Union, Local 1, et al. **SEE CTO 9/12/19**

OCCD
SC
08-29-2019
Motion to Extend Time
Filed By: Lester Pines
Submit Date: 8-29-2019
Decision: (G) Grant
Decision Date: 8-29-2019
IT IS ORDERED that the motion is granted. As previously ordered, the rules regarding the filing and service of briefs apply to these appeals. On or before September 4, 2019, the plaintiffs-respondents, Service Employees International Union, Local 1, et al., the defendant-respondent, Governor Tony Evers, and the defendant-respondent, Attorney General Joshua Kaul, shall file and serve either a response brief or a statement that no brief will be filed, which response brief shall not exceed 60 pages if a monospaced font is used or 13,200 words if a proportional serif font is used. Further, on or before September 16, 2019, the defendants-appellants, Robin Vos, et al., shall file and serve a reply brief or a statement that no reply brief will be filed, which reply brief shall not exceed 39 pages if a monospaced font is used or 9,000 words if a proportional serif font is used.
See BR2 event due on 9-4-2019
Comment: re: briefs of all defendants-respondents and reply brief of defendants-appellants

OCCD
SC
08-09-2019
Briefs Received At State Law Library

OCCD
SC
08-01-2019
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Misha Tseytlin
Comment: Separate Appendix. **SEE CTO 9/12/19**

OCCD
SC
06-27-2019
Other Papers
Comment: Received Transmittal of Notice of Appeal from Dane County COC; transmittal contains copy of leave to appeal grant order from 6/11/19. COC not directed to transmit to SC in 6/11/19 cto, therefore transmittal placed in file no action.

OCCD
SC
06-24-2019
Assigned-Oral Argument

OCCD
SC
06-19-2019
Consolidated Case
Comment: [2019AP000614, 2019AP000622]

OCCD
SC
06-19-2019
Court Order
ORD that the court's June 11, 2019 order granting the petition for leave to appeal in Case No. 2019AP614-LV has the effect of the filing of a notice of appeal. Wis. Stat. (Rule) 809.50(3); and

FRO that copies of the June 11, 2019 order in Case No. 2019AP614-LV and this order are being sent to the clerk of the circuit court. Pursuant to Wis. Stat. (Rule) 809.11(2), the clerk of the circuit court, or the responsible court official, shall return the copy of the June 11, 2019 order granting the petition in Case No. 2019AP614-LV and the circuit court record of the case maintained pursuant to Wis. Stat. 59.40 to the clerk of this court within 3 days of the receipt of the above-referenced orders; and

FRO that the appellant need not file a docketing statement in Case No. 2019AP614-LV; and

FRO that Case No. 2019AP614-LV and Case No. 2019AP622 are consolidated in this court for purposes of briefing and argument. The rules of appellate procedure that apply to appeals shall apply to the appeals in these two consolidated cases, except as set forth in this order or future orders of the court; and

FRO that the rules regarding the filing and service of briefs shall apply to these appeals, except that within 30 days after the filing of the record with the clerk of the supreme court and court of appeals, the defendants-appellants, Robin Vos, et al., shall file and serve their brief, which shall not exceed 60 pages if a monospaced font is used or 13,200 words if a proportional serif font is used; that within 30 days of the filing of the defendants-appellants' brief, the plaintiffs-respondents, Service Employees International Union, Local 1, et al., the defendant-respondent, Governor Tony Evers, and the defendant-respondent, Attorney General Josh Kaul, shall file and serve either a response brief or a statement that no brief will be filed, which response brief shall not exceed 60 pages if a monospaced font is used or 13,200 words if a proportional serif font is used; and...

OCCD
SC
06-10-2019
Fee Paid
Comment: Receipt No: 19R 001477

OCCD
SC
06-10-2019
Invoice Issued
Comment: Invoice No: 19118

OCCD
SC
06-06-2019
Invoice Issued
Comment: Invoice No: 19117 VOIDED on 6-6-2019 - entered wrong dollar amount

OCCD
SC
05-31-2019
Attorney Change
Comment: Atty Lisa Lawless added as counsel for defendants-appellants per filing of Notice of Appearance. Notice of Appearance

OCCD
SC
05-07-2019
Court Order
IT IS ORDERED that, on or before Friday, May 10, 2019, at 4:00 p.m., the parties to this case may file simultaneous supplemental memoranda regarding the motion for temporary relief pending appeal, which memoranda may address, inter alia, the impact, if any, of this court's April 30, 2019 order in Case No. 2019AP559. The supplemental memoranda shall not exceed 2,500 words in length.

OCCD
CA
05-01-2019
Record
Comment: 1-42 to 79-1, ELECTRONICALLY FILED Ackn re: Record

OCCD
SC
04-29-2019
Fee Paid
Comment: Invoice No: 19062; Receipt No: 19R 001151

OCCD
SC
04-29-2019
Invoice Issued
Comment: Invoice No: 19062

OCCD
SC
04-24-2019
Motion to Expedite
Filed By: Stacie Rosenzweig
Submit Date: 4-24-2019
Decision: (N) No Action
Decision Date: 6-19-2019
See court order of June 19, 2019.
Motion Response
Filed By: Lester Pines
Submit Date: 4-25-2019
Comment: Plaintiffs-Respondents' Motion for Expedited Schedule and Submission

OCCD
SC
04-23-2019
Letter/Correspondence
Comment: From Justice Rebecca Frank Dallet to counsel.

OCCD
SC
04-23-2019
Motion to Strike
Filed By: Lester Pines
Submit Date: 4-23-2019
Decision: (D) Deny
Decision Date: 5-21-2019
IT IS ORDERED that the court deems the April 22, 2019 filing by counsel for Robin Vos, Roger Roth, Scott Fitzgerald, and Jim Steineke to be a letter filed in both Case No. 2019AP614-LV and Case No. 2019AP622, in response to which this court will take no action; and

IT IS FURTHER ORDERED that the motion of Governor Tony Evers to strike the April 22, 2019 letter is denied; and

IT IS FURTHER ORDERED that, on or before Friday, May 31, 2019, the parties shall file simultaneous legal memoranda, each not exceeding 3,200 words, that address (1) whether this court can assume jurisdiction over a petition for leave to file an interlocutory appeal that is pending in the court of appeals and (2) whether this court should assume jurisdiction over the pending petition in this instance; and

IT IS FURTHER ORDERED that, on or before Wednesday, June 5, 2019, the parties may file legal memoranda, each not exceeding 1,500 words, in response to the memoranda filed on May 31, 2019, by the opposing parties.
Motion Response
Filed By: Colin Roth
Submit Date: 4-23-2019
Motion Response
Filed By: Misha Tseytlin
Submit Date: 4-24-2019
Comment: Defendant Tony Evers' Motion to Strike the Legislative Defendants-Appellants' April 22, 2019 Letter to the Court and for an Order Directing the Legislative Defendants-Appellants to Comply with Wis. Stat. 809.14(1) and 809.81, When Requesting an Action by Order from the Court

OCCD
SC
04-22-2019
Letter/Correspondence
Comment: From Atty Tseytlin, addressed to SC, re: court may wish to consider asserting jurisdiction over 19AP614-LV as well.

OCCD
SC
04-19-2019
Court Changed to Supreme Court

OCCD
SC
04-19-2019
Court Order
ORD that this court hereby assumes jurisdiction of the appeal in Service Employees Int'l Union v. Vos (No. 2019AP622), pursuant to Wis. Const. Art. VII, 3(3), Wis. Stat. 808.05(3), and Wis. Stat. (Rule) 809.61. When this court assumes jurisdiction of an appeal upon its own motion pursuant to Wis. Stat. 808.05(3) and (Rule) 809.61, it acquires jurisdiction over the entire appeal, including motions pending in the appeal. Accordingly, the motion for temporary relief pending appeal that has been filed in this appeal will be decided by this court based on the briefs already filed. FRO that the briefing schedule on this appeal is held in abeyance pending further order of the court. A briefing schedule will be established by the court in a future order. SHIRLEY S. ABRAHAMSON, ANN WALSH BRADY and REBECCA FRANK DALLET, J.J., (dissenting). We dissent and would allow the appeal to proceed in the court of appeals. Further, this court should not reach down and assume jurisdiction of the appeal without giving the parties notice and an opportunity to be heard.

OCCD
CA
04-16-2019
Motion for Miscellaneous Relief
Filed By: Misha Tseytlin
Submit Date: 4-16-2019
Decision: (D) Deny
Decision Date: 4-17-2019
ORD that the motion to file a reply brief in support of the appellants' motion for a stay is denied.
Comment: Legislative Defendants-Appellants' Motion for Leave to File a Reply Brief in Support of Motion to Stay the Temporary Injunction (with proposed reply brief)

OCCD
CA
04-12-2019
Letter/Correspondence
Comment: Notice of appearance - Attorney Eric M. McLeod, counsel for Defendants-Appellant Notice of Appearance

OCCD
CA
04-11-2019
Docketing Statement Submitted
Comment: Amended Docketing Statement

OCCD
CA
04-11-2019
Notif. Sent - Filing of NOP & Ct. Rec.
Comment: Amended Notice of Appeal

OCCD
CA
04-11-2019
Notice of Addtl/Amended (Other) Appeal
Comment: Amended Notice of Appeal

OCCD
CA
04-11-2019
Statement on Transcript
Filed By: Misha Tseytlin
Status: Prev. Filed

OCCD
CA
04-10-2019
Docketing Statement from Appellant
Comment: Amended Docketing Statement

OCCD
CA
04-08-2019
Other Appeal Filed In Circuit Court
Comment: Amended Notice of Appeal

OCCD
CA
04-05-2019
Other Papers
Comment: Letter and copy of circuit court order granting PHV admission to Attys Matthew Wessler and Daniel Townsend received from Atty Rosenzweig; attys added as out-of-state co-counsel for plaintiffs-respondents.

OCCD
CA
04-05-2019
Pro Hac Vice Letter

OCCD
CA
04-04-2019
Fee Paid
Comment: Receipt No: 19R 000912

OCCD
CA
04-03-2019
Court Order
ORD that the Governor's motion to strike the combined petition for leave to appeal and motion for a stay is denied. The petition for leave to appeal will remain docketed under appeal No. 2019AP614-LV, and the motion for a stay will be docketed under appeal No. 2019AP622, the Legislators appeal as of right from the temporary injunction. FRO that the Legislators' motion to expedite briefing on these matters is denied. The time to respond to the motion for a stay is April 15, 2019, and the time to respond to the petition for leave to appeal is April 17, 2019.

OCCD
CA
04-02-2019
Docketing Statement Submitted

OCCD
CA
04-02-2019
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
04-02-2019
Court Order for Filing Fee Issued
Comment: for the notice of appeal (order initially issued under appeal 19AP614-LV, see addl order of 4/3/19, filing fee for notice of appeal should be applied to 19AP622)

OCCD
CA
04-02-2019
Notice of Appeal & Circuit Court Docket Entries

OCCD
SC
04-01-2019
Motion for Stay
Filed By: Misha Tseytlin
Submit Date: 4-19-2019
Decision: (O) Other
Decision Date: 6-11-2019
IT IS ORDERED that the motion of defendants-appellants Robin Vos, Roger Roth, Scott Fitzgerald, and Jim Steineke for temporary relief pending appeal is granted in part as follows. The temporary injunction issued by the Dane County Circuit Court on March 26, 2019, is stayed pending the final resolution of the appeal in this matter, with the sole exception that the temporary injunction is not stayed and therefore remains in effect with respect to the provision in section 38 of Act 369 that requires the rescission of guidance documents that were in existence as of March 26, 2019. See Wis. Stat. 227.112(7)(a).

REBECCA FRANK DALLET, J. (Concurring in part, dissenting in part).
....
Justices SHIRLEY S. ABRAHAMSON and ANN WALSH BRADLEY join this concurrence/dissent.
Motion Response
Filed By: Thomas Bellavia
Submit Date: 4-19-2019
Motion Response
Filed By: Lester Pines
Submit Date: 4-19-2019
Motion Response
Filed By: Jeremy Levinson
Submit Date: 4-19-2019
Motion Response
Filed By: Stacie Rosenzweig
Submit Date: 5-10-2019
Motion Response
Filed By: Misha Tseytlin
Submit Date: 5-10-2019
Motion Response
Filed By: Lester Pines
Submit Date: 5-10-2019
Motion Response
Filed By: Thomas Bellavia
Submit Date: 5-10-2019
Comment: Expedited Motion to Stay the Temporary Injunction and Petition for Interlocutory Appeal of Denial of Motion to Dismiss

OCCD
CA
04-01-2019
Motion for Stay
Filed By: Misha Tseytlin
Submit Date: 4-15-2019
Decision: (N) No Action
Decision Date: 4-19-2019
**motion transferred from Court of Appeals to Supreme Court per court's order of 4/19/19 (CA/SC motion docket entries to maintain same filing dates for motions/responses for statistical purposes)**
Motion Response
Filed By: Jeremy Levinson
Submit Date: 4-15-2019
Motion Response
Filed By: Lester Pines
Submit Date: 4-15-2019
Motion Response
Filed By: Thomas Bellavia
Submit Date: 4-15-2019
Comment: Expedited Motion to Stay the Temporary Injunction (and Petition for Interlocutory Appeal of Denial of Motion to Dismiss...see cto of 4/3/19); responses due 4/15/19 (per cto 4/3/19)

OCCD
CA
04-01-2019
Transfer to District III

OCCD
CA
04-01-2019
Transfer District Designation

OCCD
CA
04-01-2019
Fee Paid
Comment: Receipt No: 19R 000872 for PLV filing under 19AP614-LV

OCCD
CA
03-28-2019
Docketing Statement from Appellant

OCCD
CA
03-28-2019
Notice of Appeal filed in Cir. Ct.

OCCD
CA
03-26-2019
Order of Circuit Court