Wolf, Virginia et al v. Walker, Scott et al

Filing 183

ORDER denying 179 Motion to Stay. Signed by District Judge Barbara B. Crabb on 2/2/15. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VIRGINIA WOLF and CAROL SCHUMACHER,
KAMI YOUNG and KARINA WILLES,
ROY BADGER and GARTH WANGEMANN,
CHARVONNE KEMP and MARIE CARLSON,
JUDITH TRAMPF and KATHARINA HEYNING,
SALUD GARCIA and PAMELA KLEISS,
WILLIAM HURTUBISE and LESLIE PALMER,
JOHANNES WALLMANN and KEITH BORDEN,
ORDER
Plaintiffs,
14-cv-64-bbc
v.
SCOTT WALKER, in his official capacity as
Governor of Wisconsin,
J.B. VAN HOLLEN, in his official capacity as
Attorney General of Wisconsin,
OSKAR ANDERSON, in his official capacity as
State Registrar of Wisconsin,
JOSEPH CZARNEZKI, in his official capacity as
Milwaukee County Clerk,
WENDY CHRISTENSEN, in her official capacity as
Racine County Clerk and
SCOTT MCDONELL, in his official capacity as
Dane County Clerk,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiffs in this case are same-sex couples who challenged the constitutionality of
Wisconsin laws that banned plaintiffs from marrying or receiving legal recognition for lawful
marriages officiated in other states or countries. Judgment was entered in favor of plaintiffs
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on June 19, 2014. Dkt. #136. The Court of Appeals for the Seventh Circuit affirmed the
decision, Baskins v. Bogan, 766 F.3d 648 (7th Cir. 2014), and the Supreme Court denied
defendants’ petition for a writ of certiorari, Walker v. Wolf, 135 S. Ct. 316 (Oct. 6, 2014),
rendering the judgment final.
On December 12, 2014, plaintiffs filed a motion for attorney fees under 42 U.S.C.
§ 1988, along with a bill of costs. Dkt. ##163 and 173. The court set January 5, 2015 as
the deadline for responding and then moved the deadline to January 23, 2015 after
defendants filed an unopposed motion for an extension of time. Dkt. #174.
On January 20, 2015, defendants filed what they called an “expedited motion to stay
briefing and disposition of fees and costs issues.” Dkt. #179. In their motion, defendants
asked for a stay on those issues pending a decision by the Supreme Court in several cases
regarding the validity of same-sex marriage bans in Michigan, Ohio, Kentucky and
Tennessee. E.g., DeBoer v. Snyder, No. 14-571, 2015 WL 213650 (S. Ct. Jan. 16, 2015).
In light of defendants’ motion, Magistrate Judge Stephen Crocker stayed further briefing on
plaintiffs’ motion until the court resolved defendants’ motion, dkt. #180, which is now
ready for review.
Defendants’ argument for the stay has two parts. First, they say that, if the Supreme
Court rules in the states’ favor, “this Court’s judgment will no longer be valid and will be
subject to a motion under Federal Rule of Civil Procedure 60(b) (or another pertinent rule)
for the Court to vacate its judgment.” Dfts.’ Mot., dkt. #179, at 2. Second, if the judgment
is vacated, “[p]laintiffs will no longer be prevailing parties under 42 U.S.C. § 1988 and will

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not be entitled to recover their attorneys’ fees, costs, and expenses.” Id.
I am denying defendants’ motion because they have not shown that they are entitled
to a stay. Both of their arguments are speculative and are not supported by even a single
case in their briefs. Of course, defendants are free to file a Rule 60 motion in the future if
they believe it is appropriate, but I see no reason to further delay the resolution of the
remaining issues in this case.

ORDER
IT IS ORDERED that defendants’ motion for a stay, dkt. #179, is DENIED.
Defendants may have until February 9, 2015, to file their opposition to plaintiffs’ request
for fees and costs; plaintiffs may have until February 19, 2015 to reply. Because defendants
have already received one extension and filed their motion for a stay only three days before
their response was due, I anticipate that defendants will not request additional extensions
in the absence of extraordinary circumstances.
Entered this 2nd day of February, 2015.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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