Petitioner v. Brian Aish

Appeal Number 2020AP001775

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
RECV
SC
07-17-2024
Motion for Reconsideration
Filed By: Diane Welsh
Submit Date: 7-18-2024

OCCD
SC
07-18-2024
Notice of Appearance
Comment: Attorney Pierson for Kindschy

OCCD
SC
06-27-2024
Judge Panel: Ziegler, Bradley, Bradley, Dallet, Hagedorn, Karofsky, Protasiewicz
Opinion: Opinion
Decision: Reversed and remanded Pages: 14
Bradley, Rebecca Grassl Wrote Concurring Opinion 30 pages.
Ziegler, Annette K. Joined Concurring Opinion
Order Text: By the Court.The decision of the court of appeals is reversed, and the cause is remanded to the circuit court for further proceedings consistent with this opinion.
Comment: Opinion/Decision

OCCD
SC
06-26-2024
Public Domain Citation
Comment: PDC No: 2024 WI 27

OCCD
SC
04-22-2024
Response to Additional/Supplemental Authorities

OCCD
SC
04-11-2024
Additional Authorities
Comment: filed by Atty Diane Welsh

OCCD
SC
03-19-2024
Oral Argument
Comment: 11:00 a.m. (State Capitol SC Hearing Room) Atty Joan Mannix for Brian Aish, and Atty Diane Welsh for Nancy Kindschy

OCCD
SC
03-11-2024
Filed By: Diane Welsh
Comment: Supplemental Reply Brief of Nancy Kindschy

OCCD
SC
03-07-2024
Filed By: Joan Mannix
Comment: Supplemental Reply Brief of Brian Aish

OCCD
SC
02-29-2024
Notice of Appearance
Comment: Notice of Appearance/Substitution of Counsel filed by DOJ

OCCD
SC
02-29-2024
Filed By: Andrew Dufresne
Comment: End Domestic Abuse Wisconsin

OCCD
SC
02-26-2024
Motion for Pro Hac Vice Admission
Filed By: Jacob Neeley
Submit Date: 2-27-2024
Decision: (G) Grant
Decision Date: 2-29-2024
IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and
IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order.
Comment: re: Evelyn Pang

OCCD
SC
02-26-2024
Motion for Pro Hac Vice Admission
Filed By: Jacob Neeley
Submit Date: 2-27-2024
Decision: (G) Grant
Decision Date: 2-29-2024
IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and
IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order.
Comment: re: Arthur S. Greenspan

OCCD
SC
02-26-2024
Motion for Pro Hac Vice Admission
Filed By: Jacob Neeley
Submit Date: 2-27-2024
Decision: (G) Grant
Decision Date: 2-29-2024
IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and
IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order.
Comment: re: Kathleen Wills

OCCD
SC
02-26-2024
Motion to File Amicus/Non-Party Brief
Filed By: Jacob Neeley
Submit Date: 2-27-2024
Decision: (G) Grant
Decision Date: 2-29-2024
IT IS ORDERED that the motion for leave to file a non-party brief amicus curiae is granted. The accompanying brief is accepted for filing as of the date of this order; and
IT IS FURTHER ORDERED that the pro hac vice motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' copies of this order.
Comment: re: End Domestic Abuse Wisconsin

OCCD
SC
02-26-2024
Filed By: Thomas Bellavia
Comment: Supplemental Brief of Amicus Curiae (DOJ)

OCCD
SC
02-26-2024
Filed By: Diane Welsh
Comment: Supplemental Brief of Nancy Kindschy

OCCD
SC
02-26-2024
Filed By: Dudley Williams
Comment: Supplemental Brief of Brian Aish

OCCD
SC
02-15-2024
Fee Paid
Comment: Receipt No: 24R 000386

OCCD
SC
02-05-2024
Order
IT IS ORDERED that respondent-appellant-petitioner, Brian Aish, and petitioner-respondent, Nancy Kindschy, shall file simultaneous supplemental briefs within 20 days of the date of this order, addressing the three issues stated in this order.
The supplemental briefs shall be no longer than 30 pages if a monospaced font is used or 6,750 words if a proportional serif font is used; and,
IT IS FURTHER ORDERED that each party may file a reply to the supplemental brief of the opposing party within 10 days after the opposing partys supplemental brief is filed. A reply to a supplemental brief shall be no longer than 13 pages if a monospaced font is used or 3,000 words if a proportional serif font is used; and,
IT IS FURTHER ORDERED that the Department of Justice may file a supplemental nonparty brief addressing the issues listed above. The Departments nonparty brief shall be filed within 20 days of the date of this order, shall be limited to addressing the issues set forth above and shall comply with the length limitations imposed above on the parties supplemental briefs. Because the Department is not a party to this case, it may not file a reply to the parties supplemental briefs; and
IT IS FURTHER ORDERED that a supplemental oral argument on the issues identified in this order shall occur as the second case on March 19, 2024 (approximately 11:00 a.m.).

OCCD
SC
02-01-2024
Attorney Change
Comment: Notice of Withdrawal of Attorney Leslie A. Freehill

OCCD
SC
08-31-2023
Filed By: Diane Welsh
Comment: Supplemental Reply Brief of Nancy Kindschy

OCCD
SC
08-31-2023
Notice of Appearance

OCCD
SC
08-28-2023
Filed By: Dudley Williams
Comment: Supplemental Reply Brief of Brian Aish

OCCD
SC
08-17-2023
Filed By: Thomas Bellavia
Comment: Department of Justice

OCCD
SC
08-17-2023
Filed By: Diane Welsh
Comment: Supplemental Brief of Nancy Kindschy

OCCD
SC
08-17-2023
Filed By: Dudley Williams
Comment: Supplemental Brief of Brian Aish

OCCD
SC
08-10-2023
Fee Paid
Comment: Receipt No: 23R 001938

OCCD
SC
07-28-2023
Hold Status

OCCD
SC
03-15-2023
Sua Sponte
Filed By: Supreme Court Supreme Court
Submit Date: 3-16-2023
Decision: (O) Other
Decision Date: 7-28-2023
IT IS ORDERED that respondent-appellant-petitioner, Brian Aish, and petitioner-respondent, Nancy Kindschy, shall file simultaneous supplemental briefs within 20 days of the date of this order, discussing: (1) the impact of the Counterman decision, if any, on the issues raised in this case; and (2) the impact of the Counterman decision, if any, on the relief sought by each party. The briefs shall be no longer than 20 pages if a monospaced font is used or 4,500 words if a proportional serif font is used; and,
IT IS FURTHER ORDERED that each party may file a reply to the supplemental brief of the opposing party within 10 days after the opposing party's supplemental brief is filed. A reply to a supplemental brief shall be no longer than 10 pages if a monospaced font is used or 2,250 words if a proportional serif font is used; and,
IT IS FURTHER ORDERED that the Department of Justice's March 15, 2023 letter is construed to be a motion for leave to file a nonparty brief amicus curiae regarding the impact of the decision in Counterman; and,
IT IS FURTHER ORDERED that the motion of the Department of Justice is granted. The Department's nonparty brief shall shall be filed within 20 days of the date of this order, shall be limited to addressing the impact of the Counterman decision, as specified above, and shall comply with the length limitations imposed above on the parties supplemental briefs. Because the Department is not a party to this case, it may not file a reply to the parties' supplemental briefs.

JILL J. KAROFSKY, J. concurs.
REBECCA FRANK DALLET joins concurence.
ANNETTE KINGSLAND ZIEGLER, C.J., dissents.
PATIENCE DRAKE ROGGENSACK joins dissent.
REBECCA GRASSL BRADLEY dissents.
Comment: Letter from AAG Bellavia re: interest in filing non-party brief

OCCD
SC
02-03-2023
Order
IT IS ORDERED that the cause shall be held in abeyance pending the United States Supreme Court's disposition of Counterman; and,
IT IS FURTHER ORDERED that, if the court determines that additional briefing will assist the court, it will request additional briefing.

OCCD
SC
12-01-2022
Oral Argument
Comment: 2nd case, 9:45 a.m. (State Capitol SC Hearing Room): Joan M. Mannix Appearing Pro-Hac Vice for Respondent-Appellant-Petitioner, Introduced by Dudley A. Williams. Leslie Anne Freehill for Petitioner-Respondent.

OCCD
SC
11-28-2022
Response Brief-Supreme Court
Substitute Response Brief-Supreme Court
Filed By: Diane Welsh

OCCD
SC
10-20-2022
Assigned for Oral Argument

OCCD
SC
09-21-2022
Other Papers
Comment: Rec'd returned mail for Atty Dudly Williams (9/16/22 cto); resent same day to recently updated address.

OCCD
SC
09-16-2022
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Dudley Williams

OCCD
SC
09-12-2022
Motion to Extend Time
Filed By: Dudley Williams
Submit Date: 9-14-2022
Decision: (G) Grant
Decision Date: 9-16-2022
IT IS ORDERED that the motion is granted. Respondent-appellant-petitioner's response shall be served and filed on or before September 16, 2022.
See BR3 event due on 9-16-2022

OCCD
SC
08-29-2022
Response Brief-Supreme Court
Filed By: Diane Welsh

OCCD
SC
08-24-2022
Other Papers
Comment: Rec'd returned mail for Richard Schaumberg (8/17/22 cto); mailing initially sent to PO Box, resent to recently updated physical address same day.

OCCD
SC
08-23-2022
Other Papers
Comment: Rec'd returned mail for Dudley Williams (8/17/22 cto) marked by USPS "RTS - fwd time exp" new address listed on return label. Mailing resent same day to updated address.

OCCD
SC
08-17-2022
Attorney Change
Comment: Notice of Withdrawal of Atty Beauregard W. Patterson

OCCD
SC
08-15-2022
Motion to Extend Time
Filed By: Diane Welsh
Submit Date: 8-16-2022
Decision: (G) Grant
Decision Date: 8-17-2022
IT IS ORDERED that the motion is granted. Ms. Kindschy's response brief shall be served and filed on or before August 29, 2022.
See BR2 event due on 8-29-2022

OCCD
SC
07-29-2022
First Brief-Supreme Court
First Brief - Supreme Court
Filed By: Dudley Williams

OCCD
SC
07-27-2022
Other Papers
Comment: Rec'd returned mail for Atty Schaumberg (7/21/22 cto, sent to previously expired PO Box in Osseo - ???); mailing resent to updated address same day.

OCCD
SC
07-19-2022
Motion to Extend Time
Filed By: Dudley Williams
Submit Date: 7-20-2022
Decision: (G) Grant
Decision Date: 7-21-2022
IT IS ORDERED that the motion is granted. Mr. Aish's first brief shall be served and filed on or before July 29, 2022.
See BR1 event due on 7-29-2022

OCCD
SC
07-05-2022
Other Papers
Comment: Joan M. Mannix Returned Mail (6/22/22 CTO) - marked by USPS: "RTS - insufficient address, unable to forward"; Re-mailed to updated address with ste. number 7/7/22

OCCD
SC
06-28-2022
Other Papers
Comment: Returned Mail - 6/22/22 CTO to Atty. Schaumberg - Re-sent same day

OCCD
SC
06-22-2022
Caption Amended

OCCD
SC
06-22-2022
Court Changed to Supreme Court

OCCD
CA
05-10-2022
Final Publication

OCCD
CA
04-28-2022
Published Opinion Citation
401 Wis. 2d 406

OCCD
CA
04-28-2022
Published Opinion Citation
973 N.W.2d 828

OCCD
CA
04-28-2022
Opinion Ordered Published

OCCD
CA
04-28-2022
Public Domain Citation
Comment: PDC No: 2022 WI App 17

OCCD
SC
04-18-2022
Notice of Appearance

OCCD
SC
04-11-2022
Fee Paid
Comment: Receipt No: 22R 000803

OCCD
SC
04-07-2022
Filed By: Dudley Williams
Submit Date: 4-25-2022
Decision: (G) Grant
Decision Date: 6-22-2022
IT IS ORDERED that the petition for review is granted.
Motion Response
Filed By: Diane Welsh
Submit Date: 4-25-2022
Comment: Petition includes incorrect e-certification (quotes pilot project language), corrected e-cert w/original signature (plus 9 photocopies) will be sent immediately per call to counsel, filing fee paid online; corrected certifications rec'd 4/11/22

OCCD
CA
03-08-2022
Judge Panel: Stark, Hruz, Gill
Opinion: Opinion
Decision: Affirmed Pages: 12
Written by: Gill, Gregory B. Jr.
Order Text: Order affirmed

OCCD
CA
02-22-2022
Decision Withdrawn/Vacated

OCCD
CA
02-22-2022
Order
IT IS ORDERED that the opinion of January 25, 2022 is withdrawn. A revised opinion will be forthcoming.

OCCD
CA
01-25-2022
Judge Panel: Stark, Hruz, Gill
Opinion: Opinion
Decision: Affirmed Pages: 12
Written by: Gill, Gregory B. Jr.
Order Text: Order affirmed

OCCD
CA
10-12-2021
Submitted on Briefs

OCCD
CA
07-27-2021
Record and Briefs Sent to District 3

OCCD
CA
07-26-2021
Filed By: Dudley Williams

OCCD
CA
07-13-2021
Motion to Extend Time
Filed By: Dudley Williams
Submit Date: 7-13-2021
Decision: (G) Grant
Decision Date: 7-15-2021
IT IS ORDERED that the time for the appellant to file the reply brief is extended to five business days from the date of this order.
See BRY event due on 7-14-2021

OCCD
CA
06-29-2021
Brief of Respondent(s)
Brief of Petitioner-Respondent
Filed By: Diane Welsh

OCCD
CA
05-28-2021
Motion to Extend Time
Filed By: Diane Welsh
Submit Date: 5-28-2021
Decision: (G) Grant
Decision Date: 6-1-2021
IT IS ORDERED that the time to file the respondent's brief is extended to June 29, 2021.
See BRS event due on 6-29-2021

OCCD
CA
05-19-2021
Notice of Appearance

OCCD
CA
04-29-2021
Brief & Appendix of Appellant(s)
Respondent-Appellant's Brief
Filed By: Dudley Williams

OCCD
CA
04-26-2021
Motion to Extend Time
Filed By: Dudley Williams
Submit Date: 4-27-2021
Decision: (G) Grant
Decision Date: 4-28-2021
IT IS ORDERED that the appellant's brief and appendix shall be deemed timely if filed within one day of the date of this order.
See BAP event due on 4-26-2021
Comment: 4th request

OCCD
CA
04-13-2021
Motion to Extend Time
Filed By: Dudley Williams
Submit Date: 4-13-2021
Decision: (G) Grant
Decision Date: 4-15-2021
IT IS ORDERED that the time to file the appellant's brief and appendix is extended to April 26, 2021.
See BAP event due on 4-26-2021
Comment: 3rd request

OCCD
CA
04-06-2021
Other Papers
Comment: Copy of 3/4/21 order e-filed by Atty Mannix

OCCD
CA
03-16-2021
Other Papers
Comment: 3/16/21 rec'd returned mail for Atty Joan Mannix (3/4/21 cto) marked by USPS "RTS - insufficient address"; address is same that was used in all previous mailings w/out issue, assumed returned mail was in error by USPS, 2nd mailing attempt made 3/17/21.

OCCD
CA
03-04-2021
Motion to Extend Time
Filed By: Dudley Williams
Submit Date: 3-4-2021
Decision: (G) Grant
Decision Date: 3-8-2021
IT IS ORDERED that the time to file the appellant's initial brief and appendix in this matter is extended to April 12, 2021.
See BAP event due on 4-12-2021
Comment: 2nd request

OCCD
CA
03-02-2021
Motion for Pro Hac Vice Admission
Filed By: Dudley Williams
Submit Date: 3-3-2021
Decision: (G) Grant
Decision Date: 3-4-2021
IT IS ORDERED that Attorney Joan Mannix may appear pro hac vice as co-counsel for Brian Aish.

OCCD
CA
01-28-2021
Motion to Extend Time
Filed By: Dudley Williams
Submit Date: 2-2-2021
Decision: (G) Grant
Decision Date: 2-2-2021
IT IS ORDERED that the time for the appellant to file his appellant's brief is extended to March 4, 2021. See WIS. STAT. RULE 809.82(2)(a).
See BAP event due on 3-4-2021

OCCD
CA
01-19-2021
Other Papers
Comment: Application for PHV Admission re: Joan Mannix

OCCD
CA
01-05-2021
Motion to Correct/Supplement Record
Filed By: Dudley Williams
Submit Date: 1-5-2021
Decision: (D) Deny
Decision Date: 1-15-2021
IT IS ORDERED that the motion to supplement the record is denied as unnecessary. The appellant's brief shall be due January 29, 2021.

OCCD
CA
12-09-2020
Non-Electronic Record Item

OCCD
SC
12-03-2020
Sealed Documents

OCCD
CA
12-03-2020
Record
Comment: 1-5 to 37-1, ELECTRONICALLY FILED

OCCD
CA
11-16-2020
Other Papers
Comment: Notice for Inspection of Record

OCCD
CA
11-13-2020
Fee Paid
Comment: Receipt No: 20R 002251

OCCD
CA
11-12-2020
Statement on Transcript
Filed By: Dudley Williams
Status: Prev. Filed
Comment: 11/9/20 rec'd defective SRT from Atty Williams (has box 2 checked on form indicating all transcripts are on file, yet includes CR certification); sample form and letter sent 11/11/20, new due date is 11/25/20

OCCD
CA
11-03-2020
Notice of Appearance
Comment: Filed by Attys Dumas & Welsh on behalf of Nancy Kindschy

OCCD
CA
10-26-2020
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
10-26-2020
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
10-26-2020
Docketing Statement from Appellant

OCCD
CA
10-22-2020
Notice of Appeal filed in Circuit Court

OCCD
CA
09-09-2020
Order of Circuit Court