Wisconsin Carry Inc et al v. City of Milwaukee et al

Filing 82

ORDER signed by Judge Lynn Adelman on 7/11/14 that the parties may submit briefs on the issue of standing by Monday, July 21, 2014. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
WISCONSIN CARRY, INC.,
KRYSTA SUTTERFIELD, and
NAZIR AL-MUJAAHID,
Plaintiffs,
v.

Case No. 12-CV-352

CITY OF MILWAUKEE,
JOHN Chisholm, in his official capacity
as District Attorney of Milwaukee
County, Wisconsin, DAVID ZIEBELL,
and ALAN SEER,
Defendants.
_____________________________________________________________________
ORDER
Federal courts are courts of limited jurisdiction and can only hear “cases or
controversies” as authorized by Article III of the Constitution. Flast v. Cohen, 392 U.S. 83,
94 (1968). Courts have an independent obligation to raise jurisdictional questions
throughout the course of litigation. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231
(1990). Whether plaintiffs have standing to sue in federal court is one aspect of federal
jurisdiction. See id.; Allen v. Wright, 468 U.S. 737, 750–51 (1984). The court questions
whether plaintiffs Al-Mujaahid, Sutterfield, and Wisconsin Carry, Inc. have standing to
demand some or all of the relief requested in plaintiffs’ second Amended Complaint
(Docket #42). Because the issue of standing was not addressed in summary judgment
briefing, the court will offer the parties the opportunity to brief the issue.
THEREFORE, IT IS ORDERED that the parties may submit briefs on the issue of
standing by Monday, July 21, 2014.

Dated at Milwaukee, Wisconsin, this 11th day of July, 2014.
s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge

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