International Association of Machinists District 10 and Local Lodge 873 v. State of Wisconsin et al

Filing 67

Transmission of Notice of Appeal, Docketing Statement, Amended Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 65 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Amended Opinion and Order, # 3 Judgment, # 4 Docket Sheet) (lak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
INTERNATIONAL ASSOCIATION OF
MACHINISTS DISTRICT 10 and its LOCAL
LODGE 873,
Plaintiffs,
v.

Case No. 16-cv-77

RAY ALLEN and
JAMES R. SCOTT,
Defendants.
DOCKETING STATEMENT
All defendants, Ray Allen and James R. Scott, concurrent with their Notice of
Appeal, hereby submit this docketing statement pursuant to Seventh Circuit Rule
3.
I.

The district court’s jurisdiction.
The United States District Court for the Western District of Wisconsin had

jurisdiction over this case pursuant to 28 U.S.C. § 1331 because it arises under the
United States Constitution and pursuant to 28 U.S.C. § 1334 because the plaintiffs
brought claims under 42 U.S.C. § 1983 in their amended complaint. (Dkt. 30.)
II.

The court of appeals’ jurisdiction.
The United States Court of Appeals for the Seventh Circuit has appellate

jurisdiction pursuant to 28 U.S.C. § 1291 over this appeal by Defendants from the

district court’s December 28, 2016, Amended Opinion and Order (Dkt. 59), and final
Judgment entered December 29, 2016, (Dkt. 60).
On January 27, 2017, Defendants timely filed their Notice of Appeal within
30 days after the December 29, 2016, Judgment. See Fed. R. App. P. 4(a)(1)(A).
No party has filed a motion for a new trial or alteration of a judgment, or any
other motion claimed to toll the time within which to appeal. See 7th Cir.
R. 28(a)(2)(ii), (iii). This case is not a direct appeal from the decision of a magistrate
judge. See 7th Cir. R. 28(a)(2)(v).
III.

Prior or related appellate proceedings.
None.

IV.

Current identities of parties named in an official capacity.
Ray Allen in his official capacity as Secretary of the Wisconsin Department of

Workforce Development, and James R. Scott in his official capacity as Chairman of
the Wisconsin Employment Relations Commission, are the defendants.
V.

Counsel of Record.
Steven C. Kilpatrick, Assistant Attorney General, Wisconsin Department of

Justice, 17 W. Main St., Post Office Box 7857, Madison, Wisconsin 53707-7857,
Telephone: [phone], Facsimile: [phone], [e-mail].

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Dated this 27th day of January, 2017.
Respectfully submitted,
BRAD D. SCHIMEL
Wisconsin Attorney General
/s/ Steven C. Kilpatrick
STEVEN C. KILPATRICK
Assistant Attorney General
State Bar #1025452
Attorneys for Defendants
Wisconsin Department of Justice
Post Office Box 7857
Madison, Wisconsin 53707-7857
[phone]
[phone] (Fax)
[e-mail]

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