Wisconsin State Employees Union et al vs. State of Wisconsin et al

Dane County Case Number 2011CV000990

Court Record Events

Date
Event
Court Official
Court Reporter
1
02-28-2011
Motion
Additional Text:
For Temporary Restraining Order and Temporary Injunction

2
02-28-2011
Filing fee paid
Amount
$ 164.50
Additional Text:
11RS014388

3
02-28-2011
Affidavit
Additional Text:
6 Affidavits filed signed by Brian D Rothgery, Allison M Ritter, David A Kopplin, Tricia J Bushnell, James P Kelleher, and Sean Heiser.

4
03-01-2011
Application for specific judicial assignment

5
03-01-2011
Application for specific judicial assign approved
Colas, Juan B

6
03-01-2011
Order assigning judge/judicial assignment order
Albert, John C

7
03-01-2011
Notice of assignment of judge
Esqueda, Carlo

8
03-01-2011
Order
Moeser, Daniel R
Additional Text:
Ex Parte temporary restraining order. Resp. shall open the Wisconsin Capitol to members of the public during business hours and at times when governmental matters, such as hearings, listening sessions and court arguments are being conducted. This ex parte restraining order is in effect until the assigned trial court is able to schedule a hearing on the matter. If resp. wishes to have a hearing with respect to this order one will be scheduled as soon as possible before this court, the duty judge, if the assigned trial court is unable to hear the matter promptly. Pet. shall immediately serve a copy of this order on resp.

9
03-01-2011
Complaint filed

10
03-01-2011
Hearing
Albert, John C
Olsen, Melanie
Additional Text:
Reporter: Melanie Olsen

11
03-01-2011
Order
Albert, John C
Additional Text:
amended temporary restraining order. It is hereby ordered that respondent shall open the Wisconsin Capitol to members of the public during business hours and at times when governmental matters, such as hearings, listening sessions and court arguments are being conducted. This restraining order is in effect until the assigned judge concludes the hearing and rules on the issues presented to it.

12
03-01-2011
Telephone scheduling conference
Albert, John C
Olsen, Melanie
Additional Text:
Temp. order was signed by Judge Moeser, the duty judge this morning. Hearing scheduled for 3-1-11 commencing at 2:15 p.m. and 3-2-11 commencing at 9:00 a.m.

13
03-01-2011
Affidavit of service
Additional Text:
copy of the Petition for Temporary Restraining Order and Temporary Injunction and supporting Affidavits were served to Chief Legal Counsel Carianne Renlund, who accepted service for Michael Huebsch, Secretary of the WI Dept of Administration on 3-1-11 at approximately 10:40 a.m.

14
03-01-2011
Affidavit of service
Additional Text:
copy of the Ex Parte Temporary Restraining Order was served to Chief Legal Counsel Carianne Renlund, who accepted service for Michael Huebsch, Secretary of the WI Dept of Administration on 3-1-11 at approximately 11:10 a.m.

15
03-01-2011
Affidavit of service
Additional Text:
copy of the Petition for Temporary Restraining Order and Temporary Injunction with supporting Affidavits and Ex Parte Temporary Restraining Order were served to Security Officer Charles Carr, who accepted service obo AAG Steve P. Means, on 3-1-11 at approximately 11:20 a.m.

16
03-01-2011
Affidavit of service
Additional Text:
copy of the Ex Parte Temporary Restraining Order was served to Chief Legal Counsel Brian Hagedorn, who accepted service obo Gov. Scott Walker's office, on 3-1-11 at approximately 11:50 a.m.

17
03-01-2011
Affidavit of service
Additional Text:
copy of the Ex Parte Temporary Restraining Order was served to Chief Charles Tubbs, who accepted service obo the Capitol Police, on 3-1-11 at approximately 12:25 p.m.

18
03-02-2011
Hearing
Albert, John C
Olsen, Melanie
Additional Text:
Reporter: Melanie Olsen

19
03-03-2011
Amended summons and complaint

20
03-03-2011
Hearing
Albert, John C
Olsen, Melanie
Additional Text:
Reporter: Melanie Olsen. Exhibits 1-8, 10-22 marked, identifed and received. Exh. 9 marked & identifed but not admitted. Court finds the pltf. has met the elements for a temporary injunction. Court sets forth temporary injunction.

21
03-03-2011
Order
Albert, John C
Additional Text:
Interim- It is ordered that the defendant DOA shall do the following: 1. DOA shall immediately enforce its inherent authority pursuant to Admin. Chapter 2, including but not limited to, taking such action as allowed under law to remove unauthorized materials and people remaining in the State Capitol after 6:00 p.m. today. 2. By 8:00 a.m. March 8, 2011, DOA shall open the State Capitol to all members of the public and rescind the access policies put in place February 28, 2011 and replace them with the access policies in effect on January 28, 2011. This order shall remain in effect until further order of the Court consistent with the Court's Decision of March 3, 2011.

22
03-03-2011
Affidavit of service
Additional Text:
copy of the Amended S/C was served on Operation Program Association Assistant Angie Scaggs, who accepted service obo AAG Steve P. Means on 3-3-11 at 11:33 a.m.

23
03-03-2011
Affidavit of service
Additional Text:
copy of the Amended S/C was served on Paralegal Donna Sorenson, who accepted service obo Michael Huebsch, Secretary of the WI Dept of Administration on 3-3-11 at 11:26 a.m.

24
03-04-2011
Order
Albert, John C
Additional Text:
Interim Order - Amended as to date in Paragraph 2 only. 2. By 8:00 a.m. March 7, 2011, DOA shall open the State Capitol to all members of the public and rescind the access policies put in place February 28, 2011 and replace them with the access policies in effect on January 28, 2011.

25
03-04-2011
Transcript
Additional Text:
Hearing (Excerpt, Ruling) held on March 3, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

26
03-08-2011
Order
Albert, John C
Additional Text:
granting plaintiff's motion for temporary injunction. It is ordered, that DOA shall, commencing on March 7, 2011 at 8:00 a.m., allow and continue to allow access to the State Capitol Utilizing the procedures in place on January 28, 2011 and plaintiffs motion for temporary injunction is granted. The courts order as amended on March 4, 2011 shall remain in full force and effect.

27
03-09-2011
Letters/correspondence
Additional Text:
AAG Maria Lazar submitting a letter from Department of Administration Secretary Michael Huebsch which was drafted to clarify a matter of some confusion following Secretary Huebsch's testimony during hearings on the plaintiffs' Motion for Temporary Injunction. She certifies that she has served a copy upon plaintiff's counsel by US Mail and via email

28
03-09-2011
Letters/correspondence
Additional Text:
Secretary Mike Huebsch writing Judge Albert to clarify a matter which has been the subject of some commentary and significant confusion re the estimated costs for a condition assessment and potential restoration of the marble and other stone surfaces in the State Capitol

29
03-10-2011
Other papers
Additional Text:
Plaintiffs' Application for Ex Parte Order Shortening Time on Plaintiff's Contempt Motion

30
03-10-2011
Affidavit
Additional Text:
of Grant S. Sovern

31
03-10-2011
Notice of motion, motion
Additional Text:
for Contempt filed obo the Plaintiffs

32
03-10-2011
Brief
Additional Text:
Plaintiffs' Brief In Support of Motion for Contempt

33
03-10-2011
Telephone scheduling conference
Albert, John C
Olsen, Melanie
Additional Text:
Reporter: Melanie Olsen. Atty. Means has received motion for contempt. Court cannot hear motion before 11:00 a.m. this morning. Reasons put on the record.

34
03-10-2011
Transcript
Additional Text:
Telephone Status Conference held on March 10, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

35
03-11-2011
Scheduling conference
Albert, John C
Olsen, Melanie
Additional Text:
Reporter: Melanie Olsen. Atty. Means asks court to consider appointing a special master. Atty. Lautenschlager believes this may be a good idea. Court will research the special master issue. Atty's to talk about names of people who they would consider as a special master. Scheduling conf. set for 3-14-11 at 4:00 p.m.

36
03-14-2011
Scheduling conference
Albert, John C
Olsen, Melanie
Additional Text:
Reporter: Melanie Olsen. Atty's have agreed on someone that could be a special master but they do not have the availability in next 3 weeks. Pltf. has another name but defn needs time to talk about that. Sched. order set.

37
03-14-2011
Scheduling order
Albert, John C
Additional Text:
Injunction hearing scheduled 5-24-11 at 8:30 a.m. (all day);, May 25, 2011 at 1:00 p.m. (all afternoon) and if needed May 26, 2011 (all day) and May 27, 2011 (all day). Amended motion for contempt to be filed by 5-2-11 and defendants response due 5-16-11.

38
04-11-2011
Notice of motion, motion
Additional Text:
to Quash Deposition Subpoena Duces Tecum for Scott Fitzgerald

39
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 2:20 p.m., at the WI Dept of Natural Resources, a Deposition Subpoena Duces Tecum was served on Randall Stark

40
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 2:24 p.m., at the Capitol Heat & Power Plant, a Deposition Subpoena Duces Tecum was served on William McGaw

41
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 2:37 p.m., at the WI Dept of Administration, a Deposition Subpoena Duces Tecum was served on Star Mulholland

42
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 2:50 p.m., at the WI Dept of Justice, a Deposition Subpoena Duces Tecum was served on Linda Wells, Executive Staff Assistant, who accepted service obo Edward F. Wall

43
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 2:55 p.m., at the WI Dept of Justice, a Deposition Subpoena Duces Tecum was served on AAG Maria Lazar, who accepted service obo Michael Huebsch, Cynthia Archer, Charles Tubbs, Dan Blackdeer and Peter Maternowski

44
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 2:57 p.m., at the WI Dept of Justice, a Deposition Subpoena Duces Tecum was served on Laura Jones, Office Manager, who accepted service obo Patrick Fuller

45
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 3:10 p.m., at the City of Madison Police Dept, a Deposition Subpoena Duces Tecum was served on Elise Cole, Receptionist, who accepted service obo Chief Noble Wray

46
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 3:15 p.m., at the Dane County Sheriff's Office, a Deposition Subpoena Duces Tecum was served on Celestine Cooper, Receptionist, who accepted service obo Sheriff David Mahoney

47
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 4:10 p.m., at the WI State Patrol, Hill Farms State Transportation Bldg, a Deposition Subpoena Duces Tecum was served on Jean Rickman, Executive Staff Assistant, who accepted service obo Stephen Fitzgerald

48
04-11-2011
Affidavit of service
Additional Text:
On 4-7-11 at approx. 4:28 p.m., at the UW-Madison Police Dept, a Deposition Subpoena Duces Tecum was served on Kelsey Hansen, Police Communications Officer, who accepted service obo Chief Sue Riseling

49
04-11-2011
Affidavit of service
Additional Text:
On 4-8-11 at approx. 9:30 a.m., at the WI State Legislature, a Deposition Subpoena Duces Tecum was served on Rob Richard, Legislative Aide, who accepted service obo Senator Scott Fitzgerald

50
04-11-2011
Affidavit of service
Additional Text:
On 4-8-11 at approx. 9:35 a.m., at the WI State Legislature, a Deposition Subpoena Duces Tecum was served on John Jagler, Communications Director, who accepted service obo Representative Jeff Fitzgerald

51
04-11-2011
Affidavit of service
Additional Text:
On 4-8-11 at approx. 9:42 a.m., at the 4th Floor of the WI State Capitol in the City of Madison, a Deposition Subpoena Duces Tecum was served on Anne Tonnon Byers

52
04-11-2011
Affidavit of service
Additional Text:
On 4-8-11 at approx. 8:50 a.m., at Room B35, Wisconsin State Capitol in the City of Madison, a Deposition Subpoena Duces Tecum was served on Dennis Burns, Executive Assistant, who accepted service obo Ted Blazel

53
04-11-2011
Affidavit of service
Additional Text:
On 4-8-11 at approx. 9:50 a.m., at Room B35 South, Wisconsin State Capitol in the City of Madison, a Deposition Subpoena Duces Tecum was served on Robert Marchant

54
04-13-2011
Notice of motion, motion
Additional Text:
to Quash Depositions Subpoena Duces Tecum for Jeff Fitzgerald filed by AAG Steven Kilpatrick

55
04-13-2011
Transcript
Additional Text:
Hearing (Day 1 of 3) held on March 1, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

56
04-18-2011
Answer
Additional Text:
Defendants' Answer to Amended Complaint

57
04-19-2011
Stipulation
Additional Text:
and agreement. There is no opposition to the motions to quash the deposition subpoena duces tecum for Scott Fitzgerald and for Jeff Fitzgerald filed with this court. The proposed orders filed with said motions may be signed by the court and the motion hearing set for April 20, 2011 may be removed from the courts calendar.

58
04-19-2011
Order
Albert, John C
Additional Text:
that Rep. Jeff Fitzgerald's motion to quash a deposition subpoena duces tecum is granted and that the plaintiffs' -issued deposition subpoena duces tecum is quashed and is no force and effect

59
04-19-2011
Order
Albert, John C
Additional Text:
that Senator Scott Fitzgerald's motion to quash a deposition subpoena duces tecum is granted and that the plaintiffs' -issued deposition subpoena duces tecum is quashed and is no force and effect

60
04-21-2011
Transcript
Additional Text:
of 3-2-11 hearing (day 2 of 3). Melanie Olsen, reporter.

61
04-21-2011
Change of address notification
Event Party
Huebesch, Michael
Additional Text:
ADDRESS INFO for Michael Huebesch Current: 101 E. Wilson Street 10th floor, Secretary, Wisconsin Department of Administration, Madison, WI 53702 United States (Effective: 03-01-2011) Prior: 624 E Main St, Secretary, Wisconsin Department of Administration, Madison, WI 53703 United States

62
05-02-2011
Letters/correspondence
Additional Text:
from Atty. Lazar. Revised sch. order- Pltf. amended motn for contempt and supporting brief, if any, and any brief on their motion for temp. injunction are now due 5-4-11. Defn's response to such motion and brief is now due 5-18-11.

63
05-02-2011
Affidavit of service
Additional Text:
on May 2, 2011 at approx. 10:00 a.m., at Room 115 East, Wisconsin State Capitol in the City of Madison, a Deposition Subpoena Duces Tecum was served on Atty Brian Hagedorn, Chief Legal Counsel, who accepted service obo Keith Gilkes

64
05-02-2011
Affidavit of service
Additional Text:
on May 2, 2011 at approx. 9:47 a.m., at the WI Dept of Administration, a Deposition Subpoena Duces Tecum was served on Donna Sorenson, Paralegal, who accepted service obo Jodi Jensen

65
05-03-2011
Transcript
Additional Text:
Hearing (Day 3 of 3) held on March 3, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

66
05-04-2011
Motion
Additional Text:
amended motion for contempt. Filed by Atty. Lautenschlager.

67
05-04-2011
Memorandum
Additional Text:
outlining plaintiffs arguments in support of amended complaint and amended motion for contempt.

68
05-04-2011
Affidavit
Additional Text:
of Peggy A. Lautenschlager.

69
05-20-2011
Brief
Additional Text:
Defn's Brief In Opposition to Amended Motion for Contempt

70
05-20-2011
Affidavit
Additional Text:
of Joseph Fadness

71
05-20-2011
Affidavit
Additional Text:
of Martha Kerner

72
05-20-2011
Affidavit
Additional Text:
of Peter Maternowski

73
05-20-2011
Brief
Additional Text:
Defn's Brief In Opposition to Memorandum Outlining Pltf's Arguments In Support of Amended Complaint

74
05-20-2011
Affidavit
Additional Text:
of Maria S. Lazar

75
05-27-2011
Scheduling conference
Albert, John C
Olsen, Melanie
Additional Text:
Reporter: Melanie Olsen. Court concludes a special master will not work on this case. Court proposes a schedule for parties. Court has a call into a person to be a mediator. Has not heard back from that person. Court will contact the attorneys when he hears from this person.

76
05-31-2011
Order
Albert, John C
Additional Text:
Agreed protective order

77
06-01-2011
Order
Albert, John C
Additional Text:
Appointing Mediator. The Court hereby appoints the Hon. Gordon Myse as mediator on all pending issues between the parties in this case

78
06-16-2011
Stipulation/order of dismissal
Albert, John C
Additional Text:
This stipulation and order are a full and complete resolution of the dispute between these parties and contemplates an understanding as to access to the Capitol Building and a dismissal of the above captioned matter and a withdrawal of the motion now pending before the court. Whereas, both parties have been operating in good faith to resolve this matter and the pending motion without further recourse to the court; and Whereas, neither party by signing the stipulation admit to any liability with respect to any claims under the pending lawsuit or motion. The parties stipulate as follows: 1. The Department of Administration ("DOA") will not queue people entering the Capitol Buiding based upon the purpose of their visit. 2. DOA will open all eight (8) ground level entrances to the Capitol Building and remove all magnetometers from those entry ways. 3. No people, except employees, shall remain in the Capitol Building after it is closed each day. DOA has the authority pursuant to Wis. Admin. Code. Adm ch. 2 to remove any unauthorized materials and people remaining in the Capitol Building after closing each day. 4. DOA has the authority to manage and operate the Capitol Building as managing authority under Wis. Admin. Code Adm ch. 2. Plaintiffs recognize such authority but reserve the right to challenge any such provisions as written and or as applied in a separate lawsuit. 5. The Capitol Building's ground and first floor Rotunda will be open for public access subject to Wis. Admin Code Adm ch. 2, and to DOA's permitting authority under that Code. 6. The parties agree that signs are not precluded by Wis. Admin. Code Adm Stat. 2.06 on the ground and first floor Rotunda. 7. The rules, practices, and procedures under which the Capitol Building is managed, as of the effective date of June 27, 2011, will be continued unless circumstances exist which require a change in such practices or procedures. At such time, DOA shall be able to exercise its managing authority under Wis. Admin. Code Adm ch. 2. 8. This agreement will be effective on June 27, 2011, and at such time the Court will dismiss the above-captioned action, on its merits and with prejudice, and the motion now pending, without costs to either party. 9. Any disputes regarding this Stipulation and Order shall be presented to Mediator the Honorable Gordon Myse for resolution accomplished upon terms of mediation upon which Judge Myse deems appropriate.

79
06-16-2011
Dismissed
Albert, John C