Milwaukee Branch of the NAACP v. Scott Walker

Appeal Number 2012AP001652

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
10-22-2014
Cites
856 N.W.2d 177

OCCD
SC
10-22-2014
Public Domain Citation
Comment: PDC No: 2014 WI 117

OCCD
SC
09-19-2014
Motion for Miscellaneous Relief
Filed By: Richard Saks
Submit Date: 9-19-2014
Decision: (O) Other
Decision Date: 10-22-2014
ORD that the motion for enlargement of time is denied and the motion for reconsideration is dismissed as moot.
Shirley S. Abrahamson, C.J. wrote dissent.
Motion Response
Filed By: Clayton Kawski
Submit Date: 9-30-2014
Motion Response
Filed By: Richard Saks
Submit Date: 10-3-2014
Comment: Emergency Motion for Enlargement of Time and for Reconsideration

OCCD
SC
09-03-2014
Remittitur

OCCD
SC
07-31-2014
Cites
357 Wis. 2d 469

OCCD
SC
07-31-2014
Cites
851 N.W.2d 262

OCCD
SC
07-31-2014
Judge Panel: Abrahamson, Bradley, Crooks, Prosser, Roggensack, Ziegler, Gableman
Opinion: Opinion
Decision: Reversed Pages: 38
Written by: Roggensack, Patience Drake
Abrahamson, Shirley S. Wrote Dissenting Opinion 3 pages.
Crooks, N. Patrick Wrote Dissenting Opinion 47 pages.
Bradley, Ann Walsh Joined Dissenting Opinion
Order Text: The judgment of the circuit court is reversed and the permanent and temporary injunctions are vacated.

OCCD
SC
07-30-2014
Public Domain Citation
Comment: PDC No: 2014 WI 98

OCCD
SC
02-25-2014
Oral Argument
Comment: 2nd case, 9:45 a.m; Atty Clayton Kawski for Def-App, Atty

OCCD
SC
02-14-2014
Court Order
ORD that the oral argument time will be alloted as follows:
Case 12AP584-AC
Plaintiffs-appellants-petitioners; 30 minutes (25 min. for primary, 5 min. for rebuttal argument)
Defendants-appellants; 25 minutes
Intervenors-co-appellants: 5 minutes (ceded by def-appellants)
Case No. 12AP1652
def-appellants: 23 minutes (to be divided by primary and rebuttal argument)
invervenors-co-appellants: 7 minutes (to be divided between primary and rebuttal arg., ceded by def-app)
Plaintiffs-respondents: 30 minutes

OCCD
SC
02-06-2014
Response
Comment: Plaintiffs-Respondents' [League] response to January 22,2014, court order.

OCCD
SC
02-06-2014
Response
Comment: Intervenors-Co-Appellants' response to January 22, 2014, court order.

OCCD
SC
02-06-2014
Response
Comment: Defendants-Appellants' response to January 22, 2014, court order.

OCCD
SC
01-31-2014
Response
Comment: Plaintiffs-Respondents' [NAACP] response to January 22, 2014, court order.

OCCD
SC
01-22-2014
Court Order
ORD that the parties are directed to inform the court in writing on or before 2/6/14, whether they believe the two arguments should be consolidated, how they propse to allot their time, and whether they are willing to cede any oral argument time to intervenors-co-appellants.

OCCD
SC
01-15-2014
Motion for Miscellaneous Relief
Filed By: Brian McGrath
Submit Date: 1-15-2014
Decision: (G) Grant
Decision Date: 1-15-2014
ORD that the motion is granted and James R. Troupis and Sarah E. Troupis of Troupis Law Office LLC, and Michael T. Morley, are substituted as counsel for intervenors-co-appellants.
Comment: Intervenors-Co-Appellants' Motion for Substitution of Counsel

OCCD
SC
01-06-2014
Briefs Received At State Law Library

OCCD
SC
12-13-2013
Filed By: Kristin Kerschensteiner
Comment: Disability Rights Wisconsin

OCCD
SC
12-12-2013
Attorney Change
Comment: Removed AAG Thomas C. Bellavia from service list per filing of Notice of Withdrawal of Counsel

OCCD
SC
12-11-2013
Response
Comment: Per 11/291/3 CTO - 10 copies of non-party briefs from AARP (received) and Disability Rights WI (to file amended brief per 12/11/13 cto)

OCCD
SC
12-10-2013
Motion to File Amicus/Non-Party Brief
Filed By: Kristin Kerschensteiner
Submit Date: 12-11-2013
Decision: (G) Grant
Decision Date: 12-11-2013
ORD that the motion is granted and the amended non-party brief will be accepted for filing upon 12 additional copies of the amended non-party brief being filed with the clerk of this court on or before 12/17/13.
FRO that to the extent not already accomplished, Disability Rights Wisconsin shall electronically submit their amended non-party brief for filing on or before 12/17/13.
Comment: Motion for leave to file amended non-party brief [Disibility Rights Wisconsin]

OCCD
SC
12-10-2013
Motion for Miscellaneous Relief
Filed By: Joseph Olson
Submit Date: 12-10-2013
Decision: (G) Grant
Decision Date: 12-10-2013
ORD that the motion is granted and Richard Esenberg, Brian McGrath, Michael Fischer, CJ Szafir and Thomas C. Kamenick of he Wisconsin Institute for Law & Liberty are substitued as counsel for intervenors-co-appellants.
Comment: Motion for substitution of counsel on behalf of the intervenors-co-appellants Doris Janis, James Janis and Matthew Augustine

OCCD
SC
12-05-2013
Response
Comment: 17 copies of CA briefs for SC use received 12/5/13

OCCD
SC
12-04-2013
Assigned-Oral Argument

OCCD
SC
11-26-2013
Motion to File Amicus/Non-Party Brief
Filed By: Rebecca Mason
Submit Date: 11-27-2013
Decision: (G) Grant
Decision Date: 11-29-2013
ORD that the motion is granted and the brief filed in the court of appeals is accepted for filing.
FRO that the amici, AARP and Disability Rights Wisconsin, are directed to file 10 copies of their non-party briefs that were filed in the court of appeals with the clerk of this court on or before December 10, 2013.
Comment: Institute for One Wisconsin, Inc.

OCCD
SC
11-20-2013
Court Changed to Supreme Court

OCCD
CA
11-20-2013
Opinion/Decision
Opinion: Court Order
Decision: Bypass Granted By Sup.ct. Pages: 0
Order Text: See 11/20/13 Supreme Court order.

OCCD
SC
11-20-2013
Court Order
IT IS ORDERED that this court takes jurisdiction of Milwaukee Branch of the NAACP v. Scott Walker, No. 2012AP1652. The parties shall not file briefs unless directed by the court; and No. 2012AP1652 Milwaukee Branch of the NAACP v. Scott Walker L.C.#2011CV5492.
IT IS FURTHER ORDERED that within 15 days of the date of this order each party shall provide the clerk of this court with 17 copies of the briefs filed by that party in the court of appeals; and
IT IS FURTHER ORDERED that this case be scheduled for oral argument on the same calendar assignment as No. 2012AP584-AC, League of Women Voters of Wisconsin Education Network, Inc. v. Scott Walker.

OCCD
CA
11-19-2013
Letter/Correspondence
Comment: from AAG Kawski; requesting the record be returned to Madison for AG review; advised record will not be returned to Madison, can be reviewed in Waukesha

OCCD
CA
10-03-2013
Assigned-Oral Argument

OCCD
CA
07-30-2013
Attorney address updated
Comment: Address changed for attorney: 92620 Michael T. Morley; per letter request

OCCD
CA
02-07-2013
Briefs Received At State Law Library

OCCD
CA
01-16-2013
Record and Briefs Sent to District 2

OCCD
CA
01-14-2013
Hold Status

OCCD
CA
01-14-2013
Reply Brief
Reply Brief
Filed By: Thomas Bellavia

Comment: Appellants. Received 17 additional copies of BRY for SC use, 12-05-13

OCCD
CA
12-21-2012
Motion for Pro Hac Vice status
Filed By: Joseph Olson
Submit Date: 12-21-2012
Decision: (G) Grant
Decision Date: 1-14-2013
ORD that Attorney Michael T. Morley may appear pro hac vice as co-counsel for the intervenors-co-appellants.
Comment: Michael T. Morley on behalf of Intervenors-Co-Appellants

OCCD
CA
12-07-2012
MXT Pages In Brief
Filed By: Thomas Bellavia
Submit Date: 12-10-2012
Decision: (G) Grant
Decision Date: 1-14-2013
ORD that the motion to enlarge the length of the appellants' reply brief is granted.
FRO that the appellants' reply brief received on 12/7/12, is accepted for filing.

OCCD
CA
12-04-2012
Additional Authorities
Comment: filed by Intervenors-Appellants; placed with briefs for distribution to court

OCCD
CA
11-27-2012
Filed By: Rebecca Mason

Comment: Institute for One Wisconsin, Inc. 11/29/13 - 10 copies of CA brief for SC use Appx to Brief of Amicus Curiae-Institute for One Wisconsin, Inc.

OCCD
CA
11-27-2012
Filed By: Jennifer Lohr

Comment: Disability Rights Wisconsin; Note that the appeal number has been corrected on all briefs. Please use this number on all future correspondence.

OCCD
CA
11-21-2012
E-Filing Certification
Comment: AARP

OCCD
CA
11-21-2012
Brief of Amicus Curiae
Brief of Amicus Curiae AARP
Filed By: Helen Dicks

Comment: AARP. Please note that the certification pursuant to Rule 809.19(12)(f) has been added to this brief; Received 10 copies of BAM for SC use. PS 12-9-13

OCCD
CA
11-21-2012
Filed By: Joseph Olson

Comment: Intervenors-Appellants, Received 17 additional copies of BRY for SC use, 11-27-13

OCCD
CA
11-21-2012
Certificate of Service
Comment: BRY

OCCD
CA
11-21-2012
Attorney address updated
Comment: Address changed for attorney: 33656 Joseph Louis Olson

OCCD
CA
11-21-2012
Attorney address updated
Comment: Address changed for attorney: 33656 Joseph Louis Olson

OCCD
CA
11-21-2012
Attorney address updated
Comment: Address changed for attorney: 33656 Joseph Louis Olson

OCCD
CA
11-19-2012
Motion to File Amicus/Non-Party Brief
Filed By: Jennifer Lohr
Submit Date: 11-20-2012
Decision: (G) Grant
Decision Date: 11-27-2012
ORD that the motion for leave to file an amicus curiae brief is granted. The amicus cuiae brief, which has already been submitted to this court, shall be accepted for filing.
Comment: Disability Rights Wisconsin

OCCD
CA
11-19-2012
Motion to File Amicus/Non-Party Brief
Filed By: Rebecca Mason
Submit Date: 11-20-2012
Decision: (G) Grant
Decision Date: 11-27-2012
ORD that the motion for leave to file an amicus curiae brief is granted. The amicus cuiae brief, which has already been submitted to this court, shall be accepted for filing.
Comment: Institute for One Wisconsin, Inc.

OCCD
CA
11-16-2012
Motion for Pro Hac Vice status
Filed By: Helen Dicks
Submit Date: 11-16-2012
Decision: (G) Grant
Decision Date: 11-21-2012
ORD that the motion for leave to fiel an amicus brief is granted. The amicus curiae brief, which has already been submitted to this court, shall be accepted for filing.
FRO that the request to admit Attorney Daniel B. Kohrman pro hac vice is granted. Attorney Kahrman may appear in this court as counsel for AARP and participate in this appeal in association with Attorney Helen Mark Dicks, an active member of the State Bar of Wisconsin. See SCR 10.03(4)(b).

OCCD
CA
11-16-2012
Motion to Extend Time
Filed By: Thomas Bellavia
Submit Date: 11-19-2012
Decision: (G) Grant
Decision Date: 11-21-2012
ORD that the time for the appellants to file their reply brief is extended to 12/7/12. See Wis. Stat. Rule 809.82(2)(a).
See BRY event filed on 11-21-2012

OCCD
CA
11-16-2012
Motion to File Amicus/Non-Party Brief
Filed By: Helen Dicks
Submit Date: 11-16-2012
Decision: (G) Grant
Decision Date: 11-21-2012
ORD that the motion for leave to fiel an amicus brief is granted. The amicus curiae brief, which has already been submitted to this court, shall be accepted for filing.
FRO that the request to admit Attorney Daniel B. Kohrman pro hac vice is granted. Attorney Kahrman may appear in this court as counsel for AARP and participate in this appeal in association with Attorney Helen Mark Dicks, an active member of the State Bar of Wisconsin. See SCR 10.03(4)(b).
Comment: AARP

OCCD
SC
11-07-2012
Petition to Bypass
Filed By: Maria Lazar
Submit Date: 11-21-2012
Decision: (D) Deny
Decision Date: 1-14-2013
IT IS ORDERED the petition to bypass is denied, without costs.
IT IS FURTHER ORDERED that the motion for consolidation is denied.
Motion Response
Filed By: Richard Saks
Submit Date: 11-21-2012
Comment: & Motion for Consolidation

OCCD
CA
11-05-2012
Rejected Electronic Document
Comment: Brief of Respondents; This efile is rejected because the caption is incomplete. Please efile a corrected brief, in its entirety, that includes the full caption on the cover. The paper briefs have been corrected by Clerk's Office staff.

OCCD
CA
11-05-2012
Brief of Respondent(s)
Brief of Respondents
Filed By: Richard Saks

Comment: Note that the caption has been corrected on this brief. Please use the above caption on all future briefs; Received 17 copies of BRS for SC use, PS 11-26-13

OCCD
CA
10-10-2012
Rejected Electronic Document
Comment: Amicus Brief in Support of Petition to Bypass; This efile is rejected because petitions to bypass and related filings are not being efiled at this time.

OCCD
CA
10-10-2012
E-Filing Certification
Comment: For BAP filed 10/10/12

OCCD
CA
10-10-2012
Brief & Appx of Appellant(s)
Brief of Intervenors-Co-Appellants
Filed By: Joseph Olson

Comment: Intervenors-Co-Appellants Note that the brief color has been corrected on this intervenor-appellant's brief. Please see Rule 809.19(9) regarding requirements. Received separate e-certification for brief filed on 10/10/12; Received 17 copies of BAP for SC use, 11-27-13

OCCD
CA
10-01-2012
Attorney Change
Comment: per letter from AAG Thomas Bellavia advising AAG Benedon is no longer an AAG; please remove from service list

OCCD
CA
09-27-2012
Hold Status

OCCD
CA
09-19-2012
Motion to Intervene
Filed By: Joseph Olson
Submit Date: 10-2-2012
Decision: (G) Grant
Decision Date: 10-5-2012
ORD that the motion for permissive intervention as co-appellants is granted and we accept the submitted brief for filing as of this date. The co-appellants shall file five additional copies of their brief within five days. The respondents shall file their brief within thirty days of this order.
Motion Response
Filed By: Aaron Halstead
Submit Date: 10-2-2012
Comment: Dorothy Janis, James Janis, and Matthew Augustine

OCCD
CA
09-13-2012
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Thomas Bellavia

Comment: Received 17 additional copies of BAP for SC use, 12-05-13

OCCD
SC
09-10-2012
Motion to File Amicus/Non-Party Brief
Filed By: Richard Esenberg
Submit Date: 9-11-2012
Decision: (G) Grant
Decision Date: 9-27-2012
IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted, and the brief is accepted for filing.
IT IS FURTHER ORDERED that the petition to bypass is dismissed as being premature, without costs. See Milwaukee Brewers Baseball Club v. Wisconsin Dept. of Health and Social Servs., 130 Wis. 2d 56, 62-63, 387 N.W.2d 245 (1986) (noting dismissal of initial petition to bypass as premature because the briefs on appeal had not been filed); see also Schoolcraft v. DPI, No. 2011AP2917, unpublished order (Feb. 6, 2012); Michael S. Heffernan, Appellate Practice and Procedure in Wisconsin, 24.3 (5th ed. 2012).
IT IS FURTHER ORDERED that, because the court has declined to grant the petition to bypass, the motion to stay permanent injunction and motion to consolidate filed in this court are dismissed.
Comment: of Margaret Farrow, George Mitchell, Mike Sandvick, Aaron Rodriguiz, Deborah Haywood, and Mary Ann Hanson, in support of petition to bypass and for consolidation

OCCD
SC
08-21-2012
Motion for Stay
Filed By: Clayton Kawski
Submit Date: 8-21-2012
Decision: (M) Dismiss
Decision Date: 9-27-2012
IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted, and the brief is accepted for filing.
IT IS FURTHER ORDERED that the petition to bypass is dismissed as being premature, without costs. See Milwaukee Brewers Baseball Club v. Wisconsin Dept. of Health and Social Servs., 130 Wis. 2d 56, 62-63, 387 N.W.2d 245 (1986) (noting dismissal of initial petition to bypass as premature because the briefs on appeal had not been filed); see also Schoolcraft v. DPI, No. 2011AP2917, unpublished order (Feb. 6, 2012); Michael S. Heffernan, Appellate Practice and Procedure in Wisconsin, 24.3 (5th ed. 2012).
IT IS FURTHER ORDERED that, because the court has declined to grant the petition to bypass, the motion to stay permanent injunction and motion to consolidate filed in this court are dismissed.
Motion Response
Filed By: Richard Saks
Submit Date: 9-4-2012
Comment: Motion to Stay Permanent Injunction

OCCD
SC
08-21-2012
Petition to Bypass
Filed By: Clayton Kawski
Submit Date: 8-21-2012
Decision: (M) Dismiss
Decision Date: 9-27-2012
IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted, and the brief is accepted for filing.
IT IS FURTHER ORDERED that the petition to bypass is dismissed as being premature, without costs. See Milwaukee Brewers Baseball Club v. Wisconsin Dept. of Health and Social Servs., 130 Wis. 2d 56, 62-63, 387 N.W.2d 245 (1986) (noting dismissal of initial petition to bypass as premature because the briefs on appeal had not been filed); see also Schoolcraft v. DPI, No. 2011AP2917, unpublished order (Feb. 6, 2012); Michael S. Heffernan, Appellate Practice and Procedure in Wisconsin, 24.3 (5th ed. 2012).
IT IS FURTHER ORDERED that, because the court has declined to grant the petition to bypass, the motion to stay permanent injunction and motion to consolidate filed in this court are dismissed.
Motion Response
Filed By: Richard Saks
Submit Date: 9-4-2012
Comment: & motion for consolidation [w/12AP584]

OCCD
CA
08-20-2012
Record
Comment: 1-4 to 97-105, TWO Separate Boxes

OCCD
CA
07-31-2012
Case to proceed under RAP

OCCD
CA
07-26-2012
Docketing Statement Submitted

OCCD
CA
07-26-2012
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
07-26-2012
Transfer to District II

OCCD
CA
07-26-2012
Transfer District Designation

OCCD
CA
07-26-2012
Fee Waived
Comment: State

OCCD
CA
07-26-2012
Notice of Appeal & Court Record

OCCD
CA
07-25-2012
Statement on Transcript
Filed By: Thomas Bellavia
Status: Prev. Filed

OCCD
CA
07-23-2012
Notice of Appeal filed in Cir. Ct.

OCCD
CA
07-23-2012
Docketing Statement from Appellant

OCCD
CA
07-17-2012
Order of Circuit Court