State of Wisconsin v. Ho-Chunk Nation

Filing 41

Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 40 Notice of Appeal, (Attachments: # 1 Information Sheet, # 2 Docketing Statement, # 3 Order, # 4 Order 2, # 5 Judgment, # 6 Docket Sheet) (jat) (Attachment 6 replaced on 7/11/2014) (jat).

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APPEAL, CLOSED, DECLINE_MJ, JMM, PROTECTIVE_ORDER,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:13-cv-00334-bbc
Internal Use Only

State of Wisconsin v. Ho-Chunk Nation
Assigned to: District Judge Barbara B. Crabb
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 25:640 Indian Tribal Rights

Date Filed: 05/14/2013
Date Terminated: 06/13/2014
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Federal Question

Plaintiff
State of Wisconsin

represented by Christopher John Blythe
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707-7857
608-266-0180
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Clayton P. Kawski
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Ho-Chunk Nation

represented by Cynthia Lynn Buchko
Whyte Hirschboeck Dudek
P.O. Box 1379
Madison, WI 53701
608-255-4440
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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Michael Murphy
HO-CHUNK NATION
P.O. Box 667
Black River Falls, WI 54615
715-284-3170
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sheila D. Corbine
HO-CHUNK NATION
P.O. Box 667
Black River Falls, WI 54615
715-284-3170
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Thomas Munro Pyper
Whyte Hirschboeck Dudek
P.O. Box 1379
Madison, WI 53701
608-258-7122
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed
05/14/2013

#

Docket Text
1 COMPLAINT against Ho-Chunk Nation ( Filing fee $ 400 receipt number
0758-1175958), filed by State of Wisconsin. (Attachments:
# 1 Summons,
# 2 JS-44 Civil Cover Sheet) (Blythe, Christopher) Modified docket text on
5/14/2013 (mmo). (Entered: 05/14/2013)

05/15/2013

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (krj) (Entered:
05/15/2013)

05/15/2013

Standard attachments for Magistrate Judge Stephen L. Crocker required to be
served on all parties with summons or waiver of service: Briefing Guidelines,
Corporate Disclosure Statement, Order Regarding Assignment of Civil Cases,
Notice of Assignment to a Magistrate Judge and Consent/Request for
Reassignment, Order on Dispositive Motions. (krj) (Entered: 05/15/2013)

05/15/2013

2 Summons Issued as to Ho-Chunk Nation. (krj) (Entered: 05/15/2013)

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05/21/2013

3 Notice of Appearance filed by Thomas Munro Pyper for Defendant Ho-Chunk
Nation (Pyper, Thomas) (Entered: 05/21/2013)

05/21/2013

4 Motion by Defendant Ho-Chunk Nation - Notice of Related Case 12-cv-505-bbc.
(Pyper, Thomas) Modified text on 5/22/2013 (krj). (Entered: 05/21/2013)

05/21/2013

5 Waiver of Service Returned Executed by Defendant Ho-Chunk Nation.
Ho-Chunk Nation waiver sent on 5/20/2013, answer due 7/19/2013. (Blythe,
Christopher) (Entered: 05/21/2013)

05/22/2013

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set
for 6/25/2013 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel
for Plaintiff responsible for setting up the call to chambers at [phone].
[Standing Order Governing Preliminary Pretrial Conference attached] (krj)
(Entered: 05/22/2013)

05/28/2013

Case reassigned to District Judge Barbara B. Crabb and Magistrate Judge
Stephen L. Crocker. (lak) (Entered: 05/28/2013)

06/20/2013

6 Joint Preliminary Pretrial Conference Report by Defendant Ho-Chunk Nation,
Plaintiff State of Wisconsin (Pyper, Thomas) (Entered: 06/20/2013)

06/25/2013

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 6/25/2013 [:10] (skv)
(Entered: 06/25/2013)

06/28/2013

7 Pretrial Conference Order - Amendments to Pleadings due 8/1/2013. Dispositive
Motions due 12/2/2013. Settlement Letters due 6/6/2014. Court Trial set for
7/14/2014 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
6/27/13. (krj) (Entered: 06/28/2013)

07/18/2013

8 ANSWER by Defendant Ho-Chunk Nation. (Pyper, Thomas) (Entered:
07/18/2013)

08/07/2013

9 Amended Notice of Appearance filed by Clayton P. Kawski for Plaintiff State of
Wisconsin . (Kawski, Clayton) Modified docket text on 8/8/2013 (mmo).
(Entered: 08/07/2013)

11/01/2013

10 Stipulation regarding adjustments to the scheduling order by Defendant
Ho-Chunk Nation, Plaintiff State of Wisconsin. (Attachments:
# 1 Text of Proposed Order) (Blythe, Christopher) Modified on 11/1/2013. (lak)
(Entered: 11/01/2013)

11/05/2013

11 ** TEXT ONLY ORDER **
ORDER The parties' stipulation 10 to extend the deadline to file dispositive
motions is accepted in part. The dispositive motion filing deadline is extended to
January 13, 2014, The parties are free to move the expert disclosure deadlines
and discovery cutoff as they see fit. Dispositive Motions due 1/13/2014. Signed
by Magistrate Judge Stephen L. Crocker on 11/5/2013. (voc) (Entered:
11/05/2013)

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11/14/2013

12 Joint Motion for Reconsideration by Defendant Ho-Chunk Nation, Plaintiff State
of Wisconsin. (Blythe, Christopher) (Entered: 11/14/2013)

12/11/2013

13 ** TEXT ONLY ORDER **
ORDER granting 12 Motion for extension of time, dispositive motions due by
2/17/2014; because the calendar does not allow any additional deadline
extensions, none will be allowed. Signed by Magistrate Judge Stephen L.
Crocker on 12/11/2013. (voc) (Entered: 12/11/2013)

02/05/2014

14 Joint Motion for Protective Order by Defendant Ho-Chunk Nation, Plaintiff
State of Wisconsin. (Attachments:
# 1 Text of Proposed Order Protective Order) (Pyper, Thomas) (Entered:
02/05/2014)

02/06/2014

15 ** TEXT ONLY ORDER **
ORDER granting 14 Motion; Protective Order entered. Signed by Magistrate
Judge Stephen L. Crocker on 2/6/14. (krj) (Entered: 02/06/2014)

02/12/2014

16 MOTION FOR SUMMARY JUDGMENT by Plaintiff State of Wisconsin.
Brief in Opposition due 3/10/2014. Brief in Reply due 3/20/2014. (Blythe,
Christopher) Modified briefing deadlines on 2/18/2014 (krj). (Entered:
02/12/2014)

02/12/2014

17 Joint Proposed Findings of Fact filed by Defendant Ho-Chunk Nation, Plaintiff
State of Wisconsin re: 16 Motion for Summary Judgment (Attachments:
# 1 Exhibit A--Ordinance,
# 2 Exhibit B--Compact,
# 3 Exhibit C--First Amendment to Compact,
# 4 Exhibit D--Second Amendment to Compact,
# 5 Exhibit E--Third Amendment to Compact,
# 6 Exhibit F--Scratch-Off Games,
# 7 Exhibit G--NIGC Advisory Opinion,
# 8 Exhibit H--LRB Budget Brief 99-6,
# 9 Exhibit I--LRB Research Bulletin 00-1,
# 10 Exhibit J--LRB Information Bulletin 12-2,
# 11 Exhibit K--LRB Budget Brief 04-2) (Blythe, Christopher) (Entered:
02/12/2014)

02/12/2014

18 Affidavit of Christopher J. Blythe filed by Plaintiff State of Wisconsin re: 16
Motion for Summary Judgment (Attachments:
# 1 Exhibit A--May 1, 2012, Arbitration Opinion,
# 2 Exhibit B--December 5, 2012, Opinion and Order) (Blythe, Christopher)
(Entered: 02/12/2014)

02/12/2014

19 Proposed Findings of Fact filed by Plaintiff State of Wisconsin re: 16 Motion for
Summary Judgment (Blythe, Christopher) (Entered: 02/12/2014)

02/17/2014

20 Supplemental Joint Proposed Findings of Fact filed by Defendant Ho-Chunk
Nation, Plaintiff State of Wisconsin re: 16 Motion for Summary Judgment
(Sealed Document) (Blythe, Christopher) Modified on 2/18/2014 (krj). (Entered:
02/17/2014)

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02/17/2014

21 Supplemental Joint Proposed Findings of Fact filed by Defendant Ho-Chunk
Nation, Plaintiff State of Wisconsin re: 16 Motion for Summary Judgment
(Blythe, Christopher) Modified text on 2/18/2014 (krj). (Entered: 02/17/2014)

02/17/2014

22 Brief in Support of 16 Motion for Summary Judgment by Plaintiff State of
Wisconsin (Blythe, Christopher) (Entered: 02/17/2014)

02/17/2014

23 MOTION FOR SUMMARY JUDGMENT by Defendant Ho-Chunk Nation.
Brief in Opposition due 3/10/2014. Brief in Reply due 3/20/2014. (Pyper,
Thomas) (Entered: 02/17/2014)

02/17/2014

24 Proposed Findings of Fact filed by Defendant Ho-Chunk Nation re: 23 Motion
for Summary Judgment (Additional) (Pyper, Thomas) (Entered: 02/17/2014)

02/17/2014

25 Redacted Brief in Support of 23 Motion for Summary Judgment by Defendant
Ho-Chunk Nation (Pyper, Thomas) (Entered: 02/17/2014)

02/17/2014

26 Brief in Support of 23 Motion for Summary Judgment by Defendant Ho-Chunk
Nation (Sealed Document) (Pyper, Thomas) (Entered: 02/17/2014)

02/17/2014

27 Declaration of Cynthia L. Buchko filed by Defendant Ho-Chunk Nation re: 23
Motion for Summary Judgment (Attachments:
# 1 Exhibit 1 - Portions of WI 2013-2014 Blue Book,
# 2 Exhibit 2 - Excerpt Oversight Hrg Regulation of Indian Gaming, Stmt of
Hogen) (Pyper, Thomas) (Entered: 02/17/2014)

02/17/2014

28 Declaration of Neil F. Purtell filed by Defendant Ho-Chunk Nation re: 23
Motion for Summary Judgment (Attachments:
# 1 Exhibit 1 - Online ad re 12/21/13 Agrace HospiceCare Charity Poker event,
# 2 Exhibit 2 - Ads for Charity Poker events,
# 3 Exhibit 3 - Poker event advertised on WI Dept of Tourism website,
# 4 Exhibit 4 - Website for Badger Poker,
# 5 Exhibit 5 - Website for Bumble Bee poker,
# 6 Exhibit 6 - Website for Double Deuce poker,
# 7 Exhibit 7 - Website for Tavern Tourneys Poker Leagues,
# 8 Exhibit 8 - Flyer for nightly games run by Badger Poker) (Pyper, Thomas)
(Entered: 02/17/2014)

02/18/2014

Set/Reset Deadlines as to 16 MOTION FOR SUMMARY JUDGMENT . Brief
in Opposition due 3/10/2014. Brief in Reply due 3/20/2014. (krj) (Entered:
02/18/2014)

03/10/2014

29 Brief in Opposition by Plaintiff State of Wisconsin re: 23 Motion for Summary
Judgment filed by Ho-Chunk Nation (Blythe, Christopher) (Entered:
03/10/2014)

03/10/2014

30 Response to Proposed Findings of Fact filed by Plaintiff State of Wisconsin re:
23 Motion for Summary Judgment (Defendants Additional) (Blythe,
Christopher) (Entered: 03/10/2014)

03/10/2014

31 Response to Proposed Findings of Fact filed by Defendant Ho-Chunk Nation re:
16 Motion for Summary Judgment (Pyper, Thomas) (Entered: 03/10/2014)

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03/10/2014

32 Brief in Opposition by Defendant Ho-Chunk Nation re: 16 Motion for Summary
Judgment filed by State of Wisconsin (Pyper, Thomas) (Entered: 03/10/2014)

03/10/2014

33 Brief in Opposition by Defendant Ho-Chunk Nation re: 16 Motion for Summary
Judgment filed by State of Wisconsin (Sealed Document) (Pyper, Thomas)
(Entered: 03/10/2014)

06/02/2014

34 ** TEXT ONLY ORDER **
Because the court, like the parties, expects to resolve this case on the pending
dispositive motions, the parties are excused from providing any pretrial
submissions. Signed by Magistrate Judge Stephen L. Crocker on 6/2/14. (krj)
(Entered: 06/02/2014)

06/12/2014

35 ORDER granting 16 Motion for Summary Judgment filed by State of Wisconsin;
denying 23 Motion for Summary Judgment filed by Ho-Chunk Nation.
Ho-Chunk Nation ENJOINED from offering electronic poker at Ho-Chunk
Gaming Madison in the absence of a compact between the parties that permits
electronic poker at the Madison facility; injunction shall take effect 30 days after
conclusion of any appeals filed by Ho-Chunk Nation or 30 days after expiration
of Ho-Chunk Nation's deadline for filing an appeal, whichever is later. Signed by
District Judge Barbara B. Crabb on 6/12/14. (krj) (Entered: 06/12/2014)

06/13/2014

36 JUDGMENT entered in favor of Plaintiff State of Wisconsin dismissing the
case. (BBC / PAO). (krj) (Entered: 06/13/2014)

06/17/2014

37 Unopposed Motion to correct 35 Order on Motion for Summary Judgment.
(Blythe, Christopher) Modified event on 6/18/2014 (krj). (Entered: 06/17/2014)

06/18/2014

38 ORDER correcting 35 June 12, 2014 order. On page 10, in the third sentence of
the second full paragraph, the word "state" is replaced with the word "Nation."
Signed by District Judge Barbara B. Crabb on 6/18/14. (krj) (Entered:
06/18/2014)

07/10/2014

39 Notice of Appearance of Sheila Corbine and Michael Murphy filed by Thomas
Munro Pyper for Defendant Ho-Chunk Nation. (Pyper, Thomas) (Entered:
07/10/2014)

07/11/2014

40 NOTICE OF APPEAL by Defendant Ho-Chunk Nation as to 35 Order on
Motion for Summary Judgment, 36 Judgment, 38 Order. Filing fee of $505,
receipt number 0758-1380728 paid. Docketing Statement filed. (Attachments:
# 1 7th Circuit Rule 3(c) Docketing Statement) (Pyper, Thomas) Modified on
7/11/2014. (lak) (Entered: 07/11/2014)

07/11/2014

41 Transmission of Notice of Appeal, Docketing Statement, Appeal Information
Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 40
Notice of Appeal, (Attachments:
# 1 Information Sheet,
# 2 Docketing Statement,
# 3 Order,
# 4 Order 2,
# 5 Judgment,

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# 6 Docket Sheet) (jat) (Entered: 07/11/2014)

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