For Temporary Restraining Order and Temporary Injunction

$ 164.50

11RS014388

6 Affidavits filed signed by Brian D Rothgery, Allison M Ritter, David A Kopplin, Tricia J Bushnell, James P Kelleher, and Sean Heiser.

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.

Reporter: Melanie Olsen

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.

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.

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.

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.

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.

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.

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.

Reporter: Melanie Olsen

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.

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.

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.

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.

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.

Hearing (Excerpt, Ruling) held on March 3, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

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.

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

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

Plaintiffs' Application for Ex Parte Order Shortening Time on Plaintiff's Contempt Motion

of Grant S. Sovern

for Contempt filed obo the Plaintiffs

Plaintiffs' Brief In Support of Motion for Contempt

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.

Telephone Status Conference held on March 10, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

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.

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.

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.

to Quash Deposition Subpoena Duces Tecum for Scott Fitzgerald

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to Quash Depositions Subpoena Duces Tecum for Jeff Fitzgerald filed by AAG Steven Kilpatrick

Hearing (Day 1 of 3) held on March 1, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

Defendants' Answer to Amended Complaint

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.

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

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

of 3-2-11 hearing (day 2 of 3). Melanie Olsen, reporter.

Huebesch, Michael

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

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.

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

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

Hearing (Day 3 of 3) held on March 3, 2011 before the Hon. John C. Albert; Court Reporter: Melanie Olsen

amended motion for contempt. Filed by Atty. Lautenschlager.

outlining plaintiffs arguments in support of amended complaint and amended motion for contempt.

of Peggy A. Lautenschlager.

Defn's Brief In Opposition to Amended Motion for Contempt

of Joseph Fadness

of Martha Kerner

of Peter Maternowski

Defn's Brief In Opposition to Memorandum Outlining Pltf's Arguments In Support of Amended Complaint

of Maria S. Lazar

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.

Agreed protective order

Appointing Mediator. The Court hereby appoints the Hon. Gordon Myse as mediator on all pending issues between the parties in this case

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.