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)

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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: (608) 266-1792, Facsimile: (608) 267-2223, 2 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 (608) 266-1792 (608) 267-2223 (Fax) 3

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