WIESMUELLER, CHRISTOPHER L v. KOSOBUCKI, JOHN

Filing 111

ORDER denying as premature 99 Motion to Dismiss. Caption amended to reflect defendants are being sued in their official capacities only and A. John Voelker and James Kotter are substituted for John Kosobucki and Steven T. Clark. Signed by Chief Judge Barbara B. Crabb on 12/28/2009. (llj)

IN THE UNITED STATES DISTRICT COURT FOR T H E WESTERN DISTRICT OF WISCONSIN --------------------------------------------C O R R IN E WIESMUELLER, ORDER Plaintiffs, 0 7 - cv -2 1 1 - b b c v. JO H N KOSOBUCKI, CHARLES H. CONSTANTINE, JA M ES A. MORRISON, MARK J. BAKER, T H O M A S M. BOYKOFF, STEVEN T. CLARK, L IN D A F. HOSKINS, JAMES L. HUSTON, M AR Y BETH KEPPEL, JOHN PRAY, SHIRLEY ABRAHAMSON, ANN WALSH BRADLEY, N . PATRICK CROOKS, DAVID PROSSER, PATIENCE D. ROGGENSACK, MICHAEL GABLEMAN, D A N IEL D. BLINKA, KURT D. DYKSTRA an d ANNETTE K. ZIEGLER, D efendan ts. --------------------------------------------D efendants have moved to dismiss the complaint as to each of the defendants who is a member of the Board of Bar Examiners: John Kosobucki, Charles H. Constantine, James A. Morrison, Mark J. Baker, Thomas M. Boykoff, Steven T. Clark, Linda F. Hoskins, James L . Huston, Mary Beth Keppel and John Pray. In addition, defendants ask that the caption be amended to reflect that defendants are sued in their official capacities only.

1

Plaintiff does not oppose the second request, so I will amend the caption accordingly. D efendants' motion to dismiss will be denied as premature. Defendants argue that the bo ard members have no authority to provide plaintiff with her requested relief, but this is a matter better resolved in the context of a motion for summary judgment. In the interim, the parties agree that A. John Voelker should be substituted for defen dan t John Kosobucki, and James Kotter should be substituted for defendant Steven T. Clark because Kosobucki and Clark are no longer members of the board.

OR DER IT IS ORDERED that defendants' motion to dismiss the complaint as to the m em b ers of the Board of Bar Examiners, dkt. #99, is DENIED as premature. The caption is AMENDED to reflect that defendants are being sued in their official capacities only and A . John Voelker and James Kotter are SUBSTITUTED for defendants John Kosobucki and Steven T. Clark. E n tered this 28t h day of December, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

2