Wisconsin Club for Growth, Inc. et al. v. Gordon Myse et al.

Filing 46

ORDER administratively closing case subject to reopening for good cause shown. Signed by District Judge William M. Conley on 2/28/2013. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

WISCONSIN CLUB FOR GROWTH, INC.,
ERIC O’KEEFE, ONE WISCONSIN NOW, INC.,
and SCOTT ROSS,
Plaintiffs,

ORDER

v.
10-cv-427-wmc
GORDON MYSE, THOMAS BARLAND,
MICHAEL BRENNAN, THOMAS CANE,
GERALD C. NICHOL, DAVID G. DEININGER,
and KEVIN KENNEDY,
Defendants.

On October 13, 2010, a stay was entered in this case (dkt. #43), because of the
entrance of an order temporarily restraining enforcement of a state administrative rule by
the Wisconsin Supreme Court and the probability of state rule-making or judicial
resolution mooting the federal constitutional challenge to the same rule at issue here.
Having heard nothing from the parties for well over two years, the court recently
requested a status update. (Dkt. #44.)
In response, plaintiffs’ counsel has advised the court by letter that “defendants
adopted an emergency rule on December 22, 2010 and voted to adopt a new permanent
rule on March 22, 2011,” but “for numerous bureaucratic reasons, a permanent rule has
yet to be finally promulgated and adopted as of this date.” (Pls.’s Notice (dkt. #45).)
“Without a new permanent rule in place,” counsel’s letter continues “the dispute between
the parties has not been fully resolved and the plaintiffs object to this case being closed

until it is.” (Id.) Although plaintiffs indicate that defendants have no objection to the
case being held open, no timetable is provided or even suggested.
More than two years is more than long enough for this case to hang fire.
Accordingly, the court will administratively close this case. In recognition of the glimmer
of a possibility that permanent relief acceptable to all parties will not eventually be
entered at the state level, the case is subject to reopening upon good cause shown in the
event defendants should attempt to apply or enforce the second sentence of Wis. Admin.
Code § GAB 1.28(3)(b).
Entered this 28th day of February, 2013.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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