Waupaca County v. K.E.K.

Appeal Number 2018AP001887

CONFIDENTIAL
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
Awaiting Assignment

OCCD
SC
11-17-2020
Oral Argument
Comment: 2nd case at 9:45 a.m. (TO BE CONDUCTED VIA VIDEO/AUDIO CONFERENCING) Oral Argument Colleen Ball for Respondent-Apellant-Petitioner David G. Been for Petitioner-Respondent

OCCD
SC
11-04-2020
Certificate of Filing by Mail
Comment: Non-party brief from Disability Rights Wisconsin and National Disability Rights Network 22 copies mailed 11-03-2020 (IB)

OCCD
SC
11-04-2020
Brief of Amicus Curiae
Filed By: Kendall H
Comment: Disability Rights Wisconsin and National Disabilty Rights Network Cover letter and Ack. of Brief of Amicus Curiae

OCCD
SC
11-03-2020
Brief of Amicus Curiae
Filed By: Andrew P
Comment: WI Counties Association, WI Association of County Corporation Counsels and WI Hospital Association Acknowledgement of Brief of Amicus Curiae - WI Counties

OCCD
SC
11-03-2020
Brief of Amicus Curiae
Filed By: Maura W
Comment: Attorney General Ack. of Filing, CL, and COM of Brief of Amicus Curiae

OCCD
SC
11-02-2020
Certificate of Filing by Mail
Comment: Reply brief 22 copies mailed 10-30-2020 Certificate of Filing by Mail of BRY

OCCD
SC
11-02-2020
Reply Brief-Supreme Court
Filed By: Colleen Ball
Comment: Ack. of Filing & CL of Reply Brief-Supreme Court

OCCD
SC
10-30-2020
Motion to File Amicus/Non-Party Brief
Filed By: Kendall H
Submit Date: 10-30-2020
Decision: (G) Grant
Decision Date: 11-2-2020
IT IS ORDERED that the motion is granted. In light of the fact that the oral argument is scheduled on November 17, 2020, and other non-party amici have been required to submit their briefs two weeks prior to the date of the oral argument, twenty-two copies of the brief shall be filed on or before November 3, 2020.
Comment: Order on Motion to File Amicus/Non-Party Brief (Disability Rights Wisconsin)

OCCD
SC
10-28-2020
Motion to File Amicus/Non-Party Brief
Filed By: Andrew P
Submit Date: 10-29-2020
Decision: (G) Grant
Decision Date: 10-29-2020
IT IS ORDERED that the motion is granted. Twenty-two copies of the brief shall be filed on or before November 3, 2020.
Comment: 10/29/20 CTO (MAM)

OCCD
SC
10-26-2020
Motion to File Amicus/Non-Party Brief
Filed By: Maura W
Submit Date: 10-26-2020
Decision: (G) Grant
Decision Date: 10-27-2020
IT IS ORDERED that the motion is granted. Twenty-two copies of the brief shall be filed on or before November 3, 2020.
Comment: Motion to File Amicus/Non-Party Brief Order on Motion to File Amicus/Non-Party Brief

OCCD
SC
10-16-2020
Certificate of Filing by Mail
Comment: Second Supreme Court Brief; Mailed via USPS 10/15/20, COS Certificate of Filing by Mail

OCCD
SC
10-16-2020
Rejected Electronic Document
Comment: Petitioner Brief: This electronic filing is being rejected because the caption is incorrect and the circuit court information is missing. The physical copy has been corrected by our office.

OCCD
SC
10-16-2020
Response Brief-Supreme Court
Comment: Please note that the Trial Court Judge and County appealed from have been added to the cover of all briefs. Please include this information on all future briefs pursuant to Rule 809.19(9). Note that the caption has been corrected on this brief. Please use the above caption on all future briefs.

OCCD
SC
10-02-2020
Motion to Extend Time
Filed By: David Been
Submit Date: 10-2-2020
Decision: (G) Grant
Decision Date: 10-5-2020
IT IS ORDERED that the motion for extension is granted. Petitioner-respondent's response brief shall be served and filed on or before October 16, 2020.
See BR2 event due on 10-16-2020
Comment: Motion to Extend Time (BR2) Order on Motion to Extend Time (BR2)

OCCD
SC
09-17-2020
Certificate of Filing by Mail
Comment: Appellant's brief, mailed 09-11-20, 22 copies

OCCD
SC
09-17-2020
First Brief-Supreme Court
Filed By: Colleen Ball
Comment: Notice of Filing of First Brief Appendix to First Brief-SC

OCCD
SC
09-09-2020
Assigned-Oral Argument

OCCD
SC
08-25-2020
Interim Motion for Reconsideration
Filed By: Colleen Ball
Submit Date: 8-25-2020
Decision: (G) Grant
Decision Date: 8-28-2020
IT IS ORDERED that the motion for reconsideration is granted. Respondent-appellant-petitioner's initial brief shall be served and filed on or before September 11, 2020.
Comment: Interim Motion for Reconsideration

OCCD
SC
08-20-2020
Motion to Extend Time
Filed By: Colleen Ball
Submit Date: 8-21-2020
Decision: (G) Grant
Decision Date: 8-21-2020
IT IS ORDERED that the motion is granted in part. Respondent-appellant-petitioner's initial brief shall be served and filed on or before August 31, 2020.
See BR1 event due on 8-31-2020
Comment: Motion to Extend Time (BR1); 8/21/20 CTO (MXT);

OCCD
SC
07-24-2020
Caption Amended
Comment: Caption Amended

OCCD
SC
07-24-2020
Court Changed to Supreme Court

OCCD
SC
05-19-2020
Court Order
IT IS ORDERED that petitioner-respondent, Waupaca County, shall file a response to the motion for leave to amend the petition on or before June 2, 2020.
IT IS FURTHER ORDERED that the petition for review is held in abeyance pending consideration of this motion.

OCCD
SC
05-18-2020
Response
Comment: Respondent's letter/brief discussing the impact of the C.S. case, if any, on the issues raised in the petition for review, per 4/24/20 CTO

OCCD
SC
04-27-2020
Response
Comment: Appellant's letter/brief discussing the impact of the C.S. case, if any, on the issues raised in the petition for review, per 4/24/20 CTO

OCCD
SC
04-24-2020
Motion for Miscellaneous Relief
Filed By: Colleen Ball
Submit Date: 5-15-2020
Decision: (G) Grant
Decision Date: 7-24-2020
ORD that respondent-appellant-petitioner's motion to amend the petition for review to permit briefing to include arguments pertaining to the privileges or immunities clause is granted;
FRO that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the respondent-appellant-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the respondent-appellant-petitioner must file a brief in this court; that within 20 days of filing the petitioner-respondent, State of Wisconsin, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the petitioner-respondent, within 10 days of filing the respondent-appellant-petitioner 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 or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
FRO that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
FRO that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of
Comment: Motion to Amend Petition for Review

OCCD
SC
04-24-2020
Court Order
IT IS ORDERED that the parties file simultaneous letters/briefs by May 15, 2020 discussing the impact of the C.S. case, if any, on the issues raised in the petition for review.

OCCD
SC
04-10-2020
Hold Status

OCCD
SC
12-12-2019
Court Order
ORD that the petition for review is held in abeyance pending this court's decision in Winnebago v. C.S., case no. 2016AP1982 (oral argument scheduled for January 15, 2020).

OCCD
CA
10-30-2019
Cites
936 N.W.2d 405

OCCD
CA
10-30-2019
Cites
389 Wis. 2d 104

OCCD
CA
10-30-2019
Opinion Ordered Unpublished

OCCD
SC
10-17-2019
Fee Waived
Comment: Fee waived in COA

OCCD
SC
10-16-2019
Petition for Review
Filed By: Colleen Ball
Submit Date: 10-30-2019
Decision: (G) Grant
Decision Date: 7-24-2020
ORD that respondent-appellant-petitioner's motion to amend the petition for review to permit briefing to include arguments pertaining to the privileges or immunities clause is granted;
FRO that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the respondent-appellant-petitioner may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
FRO that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the respondent-appellant-petitioner must file a brief in this court; that within 20 days of filing the petitioner-respondent, State of Wisconsin, must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the petitioner-respondent, within 10 days of filing the respondent-appellant-petitioner 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 or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
FRO that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
FRO that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of
Comment: Order granting Petition for Review;

OCCD
CA
09-26-2019
Judge Panel: Graham, Blanchard, Fitzpatrick
Opinion: Opinion
Decision: Affirmed Pages: 25
Written by: Blanchard, Brian
Order Text: Order affirmed.

OCCD
CA
07-29-2019
Court Order for 3-Judge Panel

OCCD
CA
05-28-2019
Rsp. to Add'l/Supplemental Authorities
Comment: filed by SPD Colleen Ball

OCCD
CA
05-16-2019
Additional Authorities
Comment: from AAG Whelan; Opinion of 18AP987

OCCD
CA
04-03-2019
Briefs Received At State Law Library

OCCD
CA
03-13-2019
Briefs Sent to District

OCCD
CA
03-12-2019
Certificate of Filing by Mail
Comment: RE: Supplemental Reply Brief, Shipped 3-11-19, COS

OCCD
CA
03-12-2019
Reply Brief
Filed By: Colleen Ball

Comment: to Non-Party Brief of Attorney General

OCCD
CA
03-06-2019
Motion for Miscellaneous Relief
Filed By: Colleen Ball
Submit Date: 3-7-2019
Decision: (G) Grant
Decision Date: 3-12-2019
ORD that the appellant may file a response to the non-party brief by 3/19/19, consisting of no more than 3,000 words.
Comment: Motion for leave to file a response to the Attorney General's amicus brief

OCCD
CA
03-01-2019
Briefs Received At State Law Library

OCCD
CA
02-27-2019
Submitted on Briefs

OCCD
CA
02-27-2019
Record and Briefs Sent to District 4

OCCD
CA
02-26-2019
Rejected Electronic Document
Comment: Non-Party Brief of Attorney General; The prefix is missing from the caption. Please add the prefix and efile a corrected brief, in its entirety. The paper briefs have been corrected by Clerk's Office staff.

OCCD
CA
02-25-2019
Brief of Amicus Curiae
Filed By: Maura W

Comment: Attorney General of the State of Wisconsin; Note that the caption has been corrected on this brief. Please use the above caption on all future briefs.

OCCD
CA
01-31-2019
Certificate of Filing by Mail
Comment: RE: Reply Brief, Shipped 1-29-19, COS

OCCD
CA
01-31-2019
Reply Brief
Filed By: Colleen Ball

OCCD
CA
01-24-2019
Motion to File Amicus/Non-Party Brief
Filed By: Maura W
Submit Date: 1-25-2019
Decision: (G) Grant
Decision Date: 1-29-2019
ORD that the motion for leave to file a nonparty brief is granted.
FRO that the nonparty brief shall be due 30 days from the date of this order.
Comment: Attorney General of the State of Wisconsin

OCCD
CA
01-15-2019
Certificate of Filing by Mail
Comment: RE: Respondent's Brief, Mailed 1-11-19, COS

OCCD
CA
01-15-2019
Brief of Respondent(s)
Filed By: David Been

Comment: Appx to Brief of Respondent(s)

OCCD
CA
12-21-2018
Motion to Extend Time
Filed By: David Been
Submit Date: 12-21-2018
Decision: (G) Grant
Decision Date: 12-27-2018
ORD that the time to file the respondent's brief is extended to January 11, 2019.
See BRS event due on 1-11-2019

OCCD
CA
12-05-2018
Certificate of Filing by Mail
Comment: RE: Appellant's Brief, Shipped 11-29-18, COS

OCCD
CA
12-05-2018
Brief & Appx of Appellant(s)
Filed By: Colleen Ball

Comment: Appx to Brief of Appellant(s)

OCCD
CA
11-26-2018
Motion to Extend Time
Filed By: Colleen Ball
Submit Date: 11-27-2018
Decision: (G) Grant
Decision Date: 12-5-2018
ORD that the time appellant's brief shall be deemed timely filed as of the date of this order.
See BAP event due on 11-26-2018

OCCD
CA
10-16-2018
Record
Comment: 1-2 to 81-101 ELECTRONICALLY FILED

OCCD
CA
10-04-2018
Case to proceed under RAP

OCCD
CA
10-02-2018
Docketing Statement Submitted

OCCD
CA
10-02-2018
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
10-02-2018
Fee Waived
Comment: SPD

OCCD
CA
10-02-2018
Notice of Appeal & Court Record

OCCD
CA
09-10-2018
Statement on Transcript
Filed By: Colleen Ball
Status: Prev. Filed

OCCD
CA
09-10-2018
Docketing Statement from Appellant

OCCD
CA
09-05-2018
Notice of Appeal filed in Cir. Ct.

OCCD
CA
06-06-2018
Order of Circuit Court