American Oversight v. Robin Vos

Appeal Number 2022AP001532

Court of Appeals District 4/2

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
CA
02-04-2025
Remittitur

OCCD
CA
01-31-2025
Opinion Ordered Unpublished
Comment: Opinion Ordered Unpublished

OCCD
CA
01-15-2025
Motion for Publication
Filed By: Brian Spahn
Submit Date: 1-15-2025
Decision: (D) Deny
Decision Date: 1-24-2025
IT IS ORDERED that the motion is denied.
NEUBAUER, J. (dissenting). I would grant the motions asking us to withdraw our per curiam decision in this case and, in its place, issue an authored decision recommended for publication. In considering the requests, I am persuaded that the movants --American Oversight and several nonpartieshave made a compelling case for publication.
WISCONSIN STAT. RULE 809.23(1)(a) (2021-22)1 sets forth five nonexclusive criteria that this court may consider when deciding whether to publish one of our decisions. Though they neither control[] nor fully measur[e] our discretion, three of these criteria weigh in favor of publication here. See id. First, we may choose to publish a decision that [e]nunciates a new rule of law or modifies, clarifies or criticizes an existing rule. RULE 809.23(1)(a)1. Our opinion in this case clarifies the application of the fee-shifting provision in Wisconsins public records law to situations in which a prevailing requester is represented by in-house legal counsel. See WIS. STAT. 19.37(2). (Continued)
Comment: Wisconsin Newspaper Association, Wisconsin Broadcasters Association, Wisconsin Freedom of Information Council

OCCD
CA
01-15-2025
Motion for Publication
Filed By: Christa Westerberg
Submit Date: 1-15-2025
Decision: (D) Deny
Decision Date: 1-24-2025
IT IS ORDERED that the motion is denied.
NEUBAUER, J. (dissenting). I would grant the motions asking us to withdraw our per curiam decision in this case and, in its place, issue an authored decision recommended for publication. In considering the requests, I am persuaded that the movants --American Oversight and several nonpartieshave made a compelling case for publication.
WISCONSIN STAT. RULE 809.23(1)(a) (2021-22)1 sets forth five nonexclusive criteria that this court may consider when deciding whether to publish one of our decisions. Though they neither control[] nor fully measur[e] our discretion, three of these criteria weigh in favor of publication here. See id. First, we may choose to publish a decision that [e]nunciates a new rule of law or modifies, clarifies or criticizes an existing rule. RULE 809.23(1)(a)1. Our opinion in this case clarifies the application of the fee-shifting provision in Wisconsins public records law to situations in which a prevailing requester is represented by in-house legal counsel. See WIS. STAT. 19.37(2). (Continued)
Comment: American Oversight

OCCD
CA
01-15-2025
Motion for Publication
Filed By: Robert Lee
Submit Date: 1-15-2025
Decision: (D) Deny
Decision Date: 1-24-2025
IT IS ORDERED that the motion is denied.
NEUBAUER, J. (dissenting). I would grant the motions asking us to withdraw our per curiam decision in this case and, in its place, issue an authored decision recommended for publication. In considering the requests, I am persuaded that the movants --American Oversight and several nonpartieshave made a compelling case for publication.
WISCONSIN STAT. RULE 809.23(1)(a) (2021-22)1 sets forth five nonexclusive criteria that this court may consider when deciding whether to publish one of our decisions. Though they neither control[] nor fully measur[e] our discretion, three of these criteria weigh in favor of publication here. See id. First, we may choose to publish a decision that [e]nunciates a new rule of law or modifies, clarifies or criticizes an existing rule. RULE 809.23(1)(a)1. Our opinion in this case clarifies the application of the fee-shifting provision in Wisconsins public records law to situations in which a prevailing requester is represented by in-house legal counsel. See WIS. STAT. 19.37(2). (Continued)
Comment: Midwest Environmental Advocates (MEA)

OCCD
CA
01-15-2025
Motion for Publication
Filed By: Thomas Kamenick
Submit Date: 1-15-2025
Decision: (D) Deny
Decision Date: 1-24-2025
IT IS ORDERED that the motion is denied.
NEUBAUER, J. (dissenting). I would grant the motions asking us to withdraw our per curiam decision in this case and, in its place, issue an authored decision recommended for publication. In considering the requests, I am persuaded that the movants --American Oversight and several nonpartieshave made a compelling case for publication.
WISCONSIN STAT. RULE 809.23(1)(a) (2021-22)1 sets forth five nonexclusive criteria that this court may consider when deciding whether to publish one of our decisions. Though they neither control[] nor fully measur[e] our discretion, three of these criteria weigh in favor of publication here. See id. First, we may choose to publish a decision that [e]nunciates a new rule of law or modifies, clarifies or criticizes an existing rule. RULE 809.23(1)(a)1. Our opinion in this case clarifies the application of the fee-shifting provision in Wisconsins public records law to situations in which a prevailing requester is represented by in-house legal counsel. See WIS. STAT. 19.37(2). (Continued),
Motion Response
Filed By: Ronald Stadler
Submit Date: 1-21-2025
Comment: by Wisconsin Transparency Project, Clean Wisconsin, and Wisconsin Manufacturers & Commerce (WTP, CW, WMC)

OCCD
CA
12-27-2024
Other Papers
Comment: Notice of Withdrawal (Pines)

OCCD
CA
12-26-2024
Judge Panel: Gundrum, Lazar, Neubauer
Opinion: Per Curiam
Decision: Affirmed Pages: 20
Order Text: Order affirmed

OCCD
CA
07-19-2023
Letter/Correspondence
Comment: Letter sent to Atty. Stadler returning check, no payments owed.

OCCD
CA
05-01-2023
Submitted on Briefs

OCCD
CA
04-18-2023
Other Papers
Comment: Notice of Withdrawal of Counsel (Colombo)

OCCD
CA
04-18-2023
Notice of Appearance
Comment: Attorney Benjamin Sparks for American Oversight

OCCD
CA
03-20-2023
Other Papers
Comment: Notice of Change of Law Firm

OCCD
CA
03-17-2023
Other Papers
Comment: Notice of Withdrawal of Counsel (Khaleel)

OCCD
CA
03-16-2023
Motion to Withdraw as Counsel
Filed By: Herschel Brodkey
Submit Date: 3-16-2023
Decision: (G) Grant
Decision Date: 3-21-2023
IT IS ORDERED that counsel's motion to withdraw is granted.

OCCD
CA
01-06-2023
Record and Briefs Sent to District 2

OCCD
CA
01-06-2023
Reply Brief
Reply Brief
Filed By: Ronald Stadler

OCCD
CA
12-28-2022
Motion to Extend Time
Filed By: Ronald Stadler
Submit Date: 12-28-2022
Decision: (G) Grant
Decision Date: 1-3-2023
IT IS ORDERED that the time for the appellants to file a reply brief is extended to January 6, 2023. See WIS. STAT. RULE 809.82(2)(a).
See BRY event due on 1-6-2023

OCCD
CA
12-15-2022
Brief of Respondent(s)
Brief of Respondent
Filed By: Christa Westerberg

OCCD
CA
11-15-2022
Brief & Appendix of Appellant(s)
Brief of Appellant
Filed By: Ronald Stadler

OCCD
CA
11-14-2022
Notice of Appearance
Comment: Attorney Herschel B. Brodkey for the Respondents

OCCD
CA
10-13-2022
Filed By: Christa Westerberg
Submit Date: 10-13-2022
Decision: (D) Deny
Decision Date: 12-9-2022
IT IS ORDERED that the motion to change venue is denied.
Motion Response
Filed By: Ronald Stadler
Submit Date: 10-21-2022
Comment: Motion for Change of Venue

OCCD
CA
10-04-2022
Record
Comment: ELECTRONICALLY FILED

OCCD
CA
09-15-2022
Statement on Transcript
Filed By: Ronald Stadler
Status: Prev. Filed

OCCD
CA
09-13-2022
Fee Waived
Comment: Wisconsin State Assembly is an appellant

OCCD
CA
09-13-2022
Caption Amended

OCCD
CA
09-13-2022
Invoice Issued
Comment: Invoice No: 20390 VOIDED on 9-13-2022 - Issued in error; fee waiver applied to case

OCCD
CA
09-12-2022
Other Papers
Comment: COPY of Circuit Court Order Granting Attorney Sarah Colombo Pro Hac Vice Status

OCCD
CA
09-12-2022
Other Papers
Comment: COPY of Circuit Court Order Granting Attorney Melanie Sloan Pro Hac Vice Status

OCCD
CA
09-09-2022
Notice of Docketing of Appeal

OCCD
CA
09-09-2022
Transfer to District II

OCCD
CA
09-09-2022
Transfer District Designation

OCCD
CA
09-09-2022
Court Order for Filing Fee Issued

OCCD
CA
09-09-2022
Other Papers
Comment: Copy of Circuit Court Docket

OCCD
CA
09-09-2022
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
09-09-2022
Docketing Statement from Appellant

OCCD
CA
09-08-2022
Notice of Appeal filed in Circuit Court

OCCD
CA
08-02-2022
Order of Circuit Court