Citizens for Responsible Government Advocates Inc v. Barland et al

Filing 29

ORDER signed by Judge Rudolph T. Randa on 10/22/2014. #24 Plaintiff's MOTION to Amend/Correct Briefing Order GRANTED; CRG's reply brief, not to exceed 15 pages, due 10/24/2014. Plaintiff's Request for Oral Argument GRANTED; Oral Argument Hearing set for 10/31/2014 at 1:00 PM (Central Time) in Courtroom 320, 517 E. Wisconsin Ave., Milwaukee, WI before Judge Rudolph T. Randa. The Court finds good cause to extend the TRO until 11/12/2014. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CITIZENS FOR RESPONSIBLE
GOVERNMENT ADVOCATES, Inc.,
Plaintiff,
-vs-

Case No. 14-C-1222

THOMAS BARLAND, et al.,
Defendants.
DECISION AND ORDER
On October 14, 2014, the Court issued a temporary restraining order
prohibiting the defendants from “implementing, enforcing, or giving effect
to the definition of ‘political purposes’ found in Wis. Stats. § 11.01(16)
against communications expenditures, except as applied to expenditures
for communications that expressly advocate the election or defeat of a
clearly identified candidate or are the functional equivalent of express
advocacy . . .” The Court also directed the defendants to file their response
to the plaintiff’s motion for a preliminary injunction by October 21.
The plaintiff, Citizens for Responsible Government Advocates, Inc.
(“CRG”), now moves for leave to file a reply brief. Previously, CRG
indicated that it would not file a reply. Now, CRG asks to file a reply to
respond to several issues raised by the defendants that were not

anticipated but that merit further briefing. The Court will allow CRG to
file a reply as requested.
CRG

also

requests

oral

argument,

explaining

that

“legal

argumentation by the respective parties’ attorneys may help to clarify
points of dispute and points of agreement and may assist the Court in
resolving the legal issues at the heart of this case and in exercising its
equitable discretion.” The Court agrees with CRG that oral argument may
be helpful in this regard. Accordingly, the Court will schedule oral
argument as requested, with the understanding that the hearing may be
removed from the calendar if the Court decides, after further consideration
of the parties’ briefs, that oral argument is not needed.
Finally, CRG asks the Court to extend the temporary restraining
order until November 11, 2014. Extending the TRO until November 11
would represent the full 28 days allowed by the Federal Rules of Civil
Procedure, absent consent of the parties. Fed. R. Civ. P. 65(b)(2) (a TRO
expires “at the time after entry – not to exceed 14 days – that the court
sets, unless before that time the court, for good cause, extends it for a like
period or the adverse party consents to a longer extension”). An additional
day is added since November 11 is a federal holiday. Fed. R. Civ. P.
6(a)(1)(C).
-2-

To clarify proceedings going forward, the Court agrees that there is
good cause to extend the TRO for the entire 28-day period (plus one day),
particularly in light of the issues raised in the defendants’ response, the
unexpected need for reply briefing, and the possibility of oral argument.
However, the Court also notes that it intends to keep the TRO in place
until the Court either vacates the injunction or replaces it with a
preliminary injunction, recognizing, of course, that when a TRO is
“extended beyond the 28-day limit without the consent of the enjoined
party, it becomes in effect a preliminary injunction that is appealable, but
the order remains effective.” H-D Michigan, LLC v. Hellenic Duty Free
Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012).
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
1.

CRG’s motion for leave to file a reply brief, not to exceed

fifteen (15) pages [ECF No. 24] is GRANTED. CRG’s reply is due by
October 24, 2014;
2.

CRG’s request for oral argument [ECF No. 24] is GRANTED.

The Court will hear oral argument from the parties on October 31, 2014
at 1:00 p.m. (CST) in Room 320, United States Courthouse, 517 E.
Wisconsin Avenue, Milwaukee, Wisconsin; and
-3-

3.

The Court finds that there is good cause to extend the

temporary restraining order until November 12, 2014.
Dated at Milwaukee, Wisconsin, this 22nd day of October, 2014.

BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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