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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ECF Western District of Wisconsin 1 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 APPEAL, BILL_OF_COSTS, CLOSED, KRC, U.S. District Court Western District of Wisconsin (Madison) CIVIL DOCKET FOR CASE #: 3:16-cv-00077-wmc International Association of Machinists District 10 and Local Lodge 873 v. State of Wisconsin et al Assigned to: District Judge William M. Conley Referred to: Magistrate Judge Stephen L. Crocker Cause: 42:1983 Civil Rights Act Date Filed: 02/02/2016 Date Terminated: 12/29/2016 Jury Demand: Plaintiff Nature of Suit: 950 Constitutional - State Statute Jurisdiction: Federal Question Plaintiff International Association of Machinists District 10 and Local Lodge 873 represented by Jill M. Hartley The Previant Law Firm, S.C. 310 W. Wisconsin Avenue, Ste. 100MW Milwaukee, WI 53203 414-271-4500x428 Fax: 414-271-6308 Email: jh@previant.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Ruehl Robbins The Previant Law Firm, S.C. 310 W. Wisconsin Avenue, Ste. 100MW Milwaukee, WI 53203 414-271-4500 Fax: 414-271-6308 Email: mrr@previant.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Nathan Dane Eisenberg The Previant Law Firm, S.C. 310 W. Wisconsin Avenue, Ste. 100MW Milwaukee, WI 53203 414-271-4500 Fax: 414-271-6308 Email: nde@previant.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. 1/27/2017 1:00 PM ECF Western District of Wisconsin 2 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 Defendant State of Wisconsin TERMINATED: 07/12/2016 represented by Sean Michael Murphy Wisconsin Department of Justice P.O. Box 7857 Madison, WI 53707 608-266-5457 Fax: 608-252-9243 Email: murphysm@doj.state.wi.us ATTORNEY TO BE NOTICED Steven Carl Kilpatrick Wisconsin Department of Justice 17 W. Main Street P.O. Box 7857 Madison, WI 53707-7857 608-266-1792 Fax: 608-267-8906 Email: kilpatricksc@doj.state.wi.us ATTORNEY TO BE NOTICED Defendant Scott Walker TERMINATED: 07/12/2016 represented by Sean Michael Murphy (See above for address) ATTORNEY TO BE NOTICED Steven Carl Kilpatrick (See above for address) ATTORNEY TO BE NOTICED Defendant Department of Workforce Development TERMINATED: 07/12/2016 represented by Steven Carl Kilpatrick (See above for address) ATTORNEY TO BE NOTICED Defendant Reginald Newsome TERMINATED: 07/17/2016 represented by Sean Michael Murphy (See above for address) ATTORNEY TO BE NOTICED Steven Carl Kilpatrick (See above for address) ATTORNEY TO BE NOTICED Defendant Ray Allen In his capacity as Secretary of the Wisconsin Department of Workforce represented by Steven Carl Kilpatrick (See above for address) ATTORNEY TO BE NOTICED 1/27/2017 1:00 PM ECF Western District of Wisconsin 3 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 Development Defendant James R. Scott In his capacity as Chairman of the Wisconsin Employment Relations Commission Date Filed # represented by Steven Carl Kilpatrick (See above for address) ATTORNEY TO BE NOTICED Docket Text 02/02/2016 1 COMPLAINT against All Defendants. (Filing fee $400, receipt number 0758-1735559) filed by All Plaintiffs. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons - Department of Workforce Development, # 3 Summons - State of WI, # 4 Summons - Scott Walker, # 5 Summons - Reginald Newsome, # 6 Exhibit A - Agreement - Part 1, # 7 Exhibit A - Agreement - Part 2, # 8 Exhibit B - Application/Authorization, # 9 Exhibit C - July 31, 2015 letter, # 10 Exhibit D - September 11, 2015 letter, # 11 Exhibit E - September 23, 2015 letter, # 12 Exhibit F - November 12, 2015 letter) (Eisenberg, Nathan) Modified on 2/3/2016. (lak) (Entered: 02/02/2016) 02/02/2016 2 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff International Association of Machinists District 10 and Local Lodge 873. (Eisenberg, Nathan) (Entered: 02/02/2016) 02/02/2016 3 Affidavit of Benito Elizondo filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 2 Motion for Preliminary Injunction. (Eisenberg, Nathan) (Entered: 02/02/2016) 02/02/2016 4 Brief in Support of 2 Motion for Preliminary Injunction by Plaintiff International Association of Machinists District 10 and Local Lodge 873. (Eisenberg, Nathan) (Entered: 02/02/2016) 02/04/2016 Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (arw) (Entered: 02/04/2016) 02/04/2016 Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (arw) (Entered: 02/04/2016) 02/04/2016 5 Summons Issued as to Department of Workforce Development, State of Wisconsin, Scott Walker, Reginald Newsome. (Attachments: # 1 Summons - State of Wisconsin, # 2 Summons - Scott Walker, # 3 Summons - Reginald Newsome) (arw) (Entered: 02/04/2016) 1/27/2017 1:00 PM ECF Western District of Wisconsin 4 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 02/04/2016 6 ** TEXT ONLY ORDER ** The court is in receipt of plaintiff International Association of Machinists District 10 and Local Lodge 873's motion for preliminary injunction, dkt. 2 . In serving the summons and complaint, plaintiff should also serve this motion and all accompanying materials on defendants. Plaintiff should file promptly its proof of service. Defendants' response to the motion for preliminary injunction is due within 30 days of service of the summons and complaint. Plaintiff also is responsible for providing immediate and actual notice to defendants of this response deadline. Once the proof of service has been filed, the court will set a hearing on this motion. Signed by District Judge William M. Conley on 2/4/2016. (arw) (Entered: 02/04/2016) 02/05/2016 7 Notice of Appearance (Updated) filed by Nathan Dane Eisenberg for Plaintiff International Association of Machinists District 10 and Local Lodge 873. (Eisenberg, Nathan) (Entered: 02/05/2016) 02/09/2016 8 Disregard; refiled as 9 Affidavit of Service. Modified on 2/9/2016. (arw) (Entered: 02/09/2016) 02/09/2016 9 Affidavit of Service by Plaintiff. All Defendants. (Eisenberg, Nathan) (Entered: 02/09/2016) 02/09/2016 Reset Answer Deadline: Defendants Department of Workforce Development, Reginald Newsome, State of Wisconsin and Scott Walker answer due 2/26/2016. (arw) (Entered: 02/09/2016) 02/26/2016 10 ANSWER by Defendants Reginald Newsome, State of Wisconsin, Scott Walker. (Kilpatrick, Steven) (Entered: 02/26/2016) 02/26/2016 11 Notice of Appearance filed by Steven Carl Kilpatrick for Defendants Reginald Newsome, State of Wisconsin, Scott Walker. (Kilpatrick, Steven) (Entered: 02/26/2016) 02/29/2016 Set Deadlines and Hearings re: 2 Motion for Preliminary Injunction by Plaintiff International Association of Machinists District 10 and Local Lodge 873. Brief in Opposition due 3/7/2016. Injunctive Hearing set for 3/9/2016 at 9:00 AM. Procedure to be followed on Motions for Injunctive Relief attached. (arw) (Entered: 02/29/2016) 02/29/2016 Set Pretrial Conference: Telephone Pretrial Conference set for 3/29/2016 at 1:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. Standing Order Governing Preliminary Pretrial Conference attached. (arw) (Entered: 02/29/2016) 03/01/2016 12 Disregard. See 15 . Modified on 3/2/2016. (lak) (Entered: 03/01/2016) 03/01/2016 13 Amended Answer to 1 Complaint, by Defendants Reginald Newsome, State of Wisconsin, Scott Walker. (Kilpatrick, Steven) (Entered: 03/01/2016) 03/01/2016 14 Motion to Strike 2 MOTION FOR PRELIMINARY INJUNCTION by Defendants Department of Workforce Development, Reginald Newsome, State of Wisconsin, Scott Walker. Brief in Opposition due 3/15/2016. Brief in Reply due 3/22/2016. (Kilpatrick, Steven) (Entered: 03/01/2016) 1/27/2017 1:00 PM ECF Western District of Wisconsin 5 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 03/02/2016 15 Notice of Appearance filed by Sean Michael Murphy for Defendants Reginald Newsome, State of Wisconsin, Scott Walker. (Murphy, Sean) Modified on 3/2/2016. (lak) (Entered: 03/02/2016) 03/02/2016 16 ** TEXT ONLY ORDER ** The court will hold a telephonic hearing on defendants' motion to strike (dkt. # 14 ) on Thursday, March 3, 2016, at 10:00 A.M. Plaintiffs are to initiate the call to chambers at (608) 264-5087. Signed by District Judge William M. Conley on 3/2/2016. (jls) (Entered: 03/02/2016) 03/03/2016 Minute Entry for proceedings held before District Judge William M. Conley: Telephone Motion Hearing held on 3/3/2016 re 14 Motion to Strike 2 MOTION FOR PRELIMINARY INJUNCTION filed by Scott Walker, Reginald Newsome, Department of Workforce Development, State of Wisconsin [:15] (mfh) (Entered: 03/03/2016) 03/03/2016 17 ** TEXT ONLY ORDER ** For reasons stated during today's hearing, defendants' motion to strike 14 is GRANTED IN PART AND DENIED IN PART. On or before the end of the day, plaintiffs shall file specific, proposed findings of fact as required by the court's procedures for obtaining preliminary injunctive relief. Defendants' response to plaintiffs' motion will now be due on or before March 11, 2016. The preliminary injunction hearing date is stricken pending determination by the court as to the necessity of an evidentiary hearing or oral argument. Either side may make a recommendation as to the need for a hearing or argument by written letter without further argument within seven days of submission of defendants' response. Signed by District Judge William M. Conley on 3/3/2016. (jat) (Entered: 03/03/2016) 03/03/2016 Reset Deadlines as to 2 MOTION FOR PRELIMINARY INJUNCTION . Procedure to be followed on Motions for Injunctive Relief attached. Brief in Opposition due 3/11/2016. (jat) (Entered: 03/03/2016) 03/03/2016 18 Proposed Findings of Fact filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 2 Motion for Preliminary Injunction. (Eisenberg, Nathan) (Entered: 03/03/2016) 03/11/2016 19 Disregard. See 22 for Corrected Brief in Opposition. Modified on 3/14/2016. (lak) (Entered: 03/11/2016) 03/11/2016 20 Declaration of Karl Dahlen filed by Defendants Reginald Newsome, State of Wisconsin, Scott Walker re: 2 Motion for Preliminary Injunction, (Attachments: # 1 Exhibit A - Ms. Alpin's Complaint, # 2 Exhibit B - Letter from LSB of the Equal Rights Division of DWD, # 3 Exhibit C - Decision & Appeal Overview) Murphy, Sean) Modified on 3/14/2016. (lak) (Entered: 03/11/2016) 03/11/2016 21 Response to Proposed Findings of Fact filed by Defendants Reginald Newsome, State of Wisconsin, Scott Walker re: 2 Motion for Preliminary Injunction. (Murphy, Sean) (Entered: 03/11/2016) 03/11/2016 22 Corrected Brief in Opposition by Defendants Reginald Newsome, State of Wisconsin, Scott Walker re: 2 Motion for Preliminary Injunction filed by 1/27/2017 1:00 PM ECF Western District of Wisconsin 6 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 International Association of Machinists District 10 and Local Lodge 873, (Attachments: # 1 Exhibit A - Washington County Complaint with Exhibits, # 2 Exhibit B - WERC Complaint with Exhibits) (Murphy, Sean) Modified on 3/14/2016. (lak) (Entered: 03/11/2016) 03/24/2016 03/29/2016 23 Joint Preliminary Pretrial Conference Report by Plaintiff International Association of Machinists District 10 and Local Lodge 873. (Eisenberg, Nathan) Modified on 3/24/2016: Corrected docketing event. (lak) (Entered: 03/24/2016) Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 3/29/2016 [:10] (cak) (Entered: 03/29/2016) 03/31/2016 24 Pretrial Conference Order - Dispositive Motions due 8/19/2016. Final Pretrial Submissions due 12/12/2016. Court Trial set for 1/9/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/31/16. (jat) (Entered: 03/31/2016) 04/26/2016 25 MOTION FOR JUDGMENT ON THE PLEADINGS by Defendants Reginald Newsome, State of Wisconsin, Scott Walker. Brief in Opposition due 5/17/2016. Brief in Reply due 5/27/2016. (Kilpatrick, Steven) (Entered: 04/26/2016) 04/26/2016 26 Brief in Support of 25 Motion for Judgment on the Pleadings by Defendants Reginald Newsome, State of Wisconsin, Scott Walker. (Kilpatrick, Steven) (Entered: 04/26/2016) 05/17/2016 27 Brief in Opposition by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 25 Motion for Judgment on the Pleadings filed by Scott Walker, Reginald Newsome, State of Wisconsin. (Eisenberg, Nathan) (Entered: 05/17/2016) 05/27/2016 28 Brief in Reply by Defendants Department of Workforce Development, Reginald Newsome, State of Wisconsin, Scott Walker in Support of 25 Motion for Judgment on the Pleadings (Kilpatrick, Steven) (Entered: 05/27/2016) 07/12/2016 29 ORDER granting in part and denying in part 25 Motion for Judgment on the Pleadings; denying 2 Motion for Preliminary Injunction. Defendants' motion for judgment on the pleadings is GRANTED IN PART as to State of Wisconsin, Governor Scott Walker and the Department of Workforce Development, all of whom are DISMISSED. The motion is DENIED in all other respects. Plaintiffs may have until 7/22/2016 to file an amended complaint that names the Chairman of the Wisconsin Employment Relations Commission as an additional defendant in this case. Signed by District Judge William M. Conley on 7/12/2016. (arw) (Entered: 07/12/2016) 07/15/2016 30 AMENDED COMPLAINT against Ray Allen, James R. Scott, filed by All Plaintiffs, (Attachments: # 1 Exhibit A - Part 1 - Agreement, # 2 Exhibit A - Part 2 - Agreement, # 3 Exhibit B - Application Membership, # 4 Exhibit C - 30 Day Notice, # 5 Exhibit D - 9/11/15 Letter to Lisa Alpin, 1/27/2017 1:00 PM ECF Western District of Wisconsin 7 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 # 6 Exhibit E - Notice of Complaint, # 7 Exhibit F - 11/12/15 Letter to John Deere, # 8 Summons) (Eisenberg, Nathan) Modified on 7/17/2016. (lak) (Entered: 07/15/2016) 07/19/2016 31 Summons Issued as to Ray Allen, James R. Scott. (jat) (Entered: 07/19/2016) 07/27/2016 32 Summons Returned Executed. James R. Scott served on 7/26/2016, answer due 8/16/2016. (Eisenberg, Nathan) (Entered: 07/27/2016) 07/29/2016 33 ANSWER to Amended Complaint by Defendant Ray Allen. (Kilpatrick, Steven) (Entered: 07/29/2016) 07/29/2016 34 Joint Motion to Amend Briefing Schedule as to Dispositive Motions by Defendant Ray Allen. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 8/5/2016. (Kilpatrick, Steven) Modified on 7/31/2016. (lak) (Entered: 07/29/2016) 07/29/2016 35 ** TEXT ONLY ORDER ** The parties' joint motion 34 to move the dispositive motion deadline to September 19, 2016 is granted in part. September 9, 2016 is the last date on which the parties can file a motion and expect a ruling before the January 9, 2017 trial date. So, September 9, 2016 is the new filing deadline. Signed by Magistrate Judge Stephen L. Crocker on 7/29/2016. (arw) (Entered: 07/29/2016) 07/29/2016 Reset Deadlines: Dispositive Motions due 9/9/2016. (arw) (Entered: 07/29/2016) 08/16/2016 36 ANSWER to Amended Complaint by Defendant James R. Scott. (Kilpatrick, Steven) Modified on 8/16/2016: Corrected parties. (lak) (Entered: 08/16/2016) 09/09/2016 37 MOTION FOR SUMMARY JUDGMENT by Defendants Ray Allen, James R. Scott. Brief in Opposition due 9/30/2016. Brief in Reply due 10/11/2016. (Kilpatrick, Steven) Modified on 9/11/2016: Removed reference to terminated defendants. (lak) (Entered: 09/09/2016) 09/09/2016 38 Brief in Support of 37 Motion for Summary Judgment, by Defendants Ray Allen, James R. Scott. (Kilpatrick, Steven) Modified on 9/11/2016: Removed reference to terminated defendants. (lak) (Entered: 09/09/2016) 09/09/2016 39 Proposed Findings of Fact filed by Defendants Ray Allen, James R. Scott, re: 37 Motion for Summary Judgment. (Kilpatrick, Steven) Modified on 9/11/2016: Removed reference to terminated defendants. (lak) (Entered: 09/09/2016) 09/09/2016 40 Declaration of Steven C. Kilpatrick filed by Defendants Ray Allen, James R. Scott, re: 37 Motion for Summary Judgment, (Attachments: # 1 Exhibit 1000 - Discovery Response Excerpt) (Kilpatrick, Steven) Modified on 9/11/2016: Removed reference to terminated defendants, etc. (lak) (Entered: 09/09/2016) 09/09/2016 41 MOTION FOR SUMMARY JUDGMENT by Plaintiff International Association of Machinists District 10 and Local Lodge 873. Brief in Opposition due 9/30/2016. Brief in Reply due 10/11/2016. (Eisenberg, Nathan) (Entered: 09/09/2016) 1/27/2017 1:00 PM ECF Western District of Wisconsin 8 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 09/09/2016 42 Proposed Findings of Fact filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 41 Motion for Summary Judgment. (Eisenberg, Nathan) (Entered: 09/09/2016) 09/09/2016 43 Declaration of Benito Elizondo filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 41 Motion for Summary Judgment. (Eisenberg, Nathan) (Entered: 09/09/2016) 09/09/2016 44 Declaration of Nathan D. Eisenberg filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 41 Motion for Summary Judgment, (Attachments: # 1 Exhibit A - Defendant Ray Allen's Response to Plaintiffs' First Set of Requests for Production, # 2 Exhibit B - Defendant Ray Allen's Response to Plaintiffs' First Set of Requests for Admissions, # 3 Exhibit C - Defendant James R. Scott's Response to Plaintiffs' First Set of Requests for Admissions) (Eisenberg, Nathan) Modified on 9/11/2016: Clarified exhibit descriptions. (lak) (Entered: 09/09/2016) 09/09/2016 45 Brief in Support of 41 Motion for Summary Judgment by Plaintiff International Association of Machinists District 10 and Local Lodge 873. (Eisenberg, Nathan) (Entered: 09/09/2016) 09/30/2016 46 Brief in Opposition by Defendants Ray Allen, James R. Scott re: 41 Motion for Summary Judgment filed by International Association of Machinists District 10 and Local Lodge 873. (Kilpatrick, Steven) (Entered: 09/30/2016) 09/30/2016 47 Response to Proposed Findings of Fact filed by Defendants Ray Allen, James R. Scott re: 41 Motion for Summary Judgment. (Kilpatrick, Steven) (Entered: 09/30/2016) 09/30/2016 48 Brief in Opposition by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 37 Motion for Summary Judgment, filed by Ray Allen, Scott Walker, James R. Scott, Reginald Newsome, Department of Workforce Development, State of Wisconsin. (Eisenberg, Nathan) (Entered: 09/30/2016) 09/30/2016 49 Response to Proposed Findings of Fact filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 37 Motion for Summary Judgment. (Eisenberg, Nathan) (Entered: 09/30/2016) 09/30/2016 50 Proposed Findings of Fact filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 37 Motion for Summary Judgment. (Eisenberg, Nathan) (Entered: 09/30/2016) 10/11/2016 51 Brief in Reply by Plaintiff International Association of Machinists District 10 and Local Lodge 873 in Support of 41 Motion for Summary Judgment. (Eisenberg, Nathan) (Entered: 10/11/2016) 10/11/2016 52 Brief in Reply by Defendants Ray Allen, James R. Scott in Support of 37 Motion for Summary Judgment. (Kilpatrick, Steven) (Entered: 10/11/2016) 10/11/2016 53 Reply in Support of Proposed Findings of Fact filed by Defendants Ray Allen, James R. Scott re: 37 Motion for Summary Judgment. (Kilpatrick, Steven) 1/27/2017 1:00 PM ECF Western District of Wisconsin 9 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 (Entered: 10/11/2016) 10/11/2016 54 Response to Proposed Findings of Fact filed by Defendants Ray Allen, James R. Scott re: 37 Motion for Summary Judgment. (Kilpatrick, Steven) Modified on 10/12/2016. (lak) (Entered: 10/11/2016) 12/08/2016 55 Joint Motion to Amend Briefing Schedule Order as to Final Pretrial Submission Deadlines and Trial Date by Defendants Ray Allen, Department of Workforce Development, Reginald Newsome, James R. Scott, State of Wisconsin, Scott Walker. Motions referred to Magistrate Judge Stephen L. Crocker. (Kilpatrick, Steven) (Entered: 12/08/2016) 12/08/2016 56 ** TEXT ONLY ORDER ** ORDER granting 55 Joint Motion for Amendment of Scheduling Order as to Final Pretrial Submissions Deadlines and Trial Date. Signed by Magistrate Judge Stephen L. Crocker on 12/8/2016. (arw) (Entered: 12/08/2016) 12/27/2016 57 ORDER denying 37 Motion for Summary Judgment by Defendants Ray Allen and James R. Scott; granting 41 Motion for Summary Judgment by Plaintiff International Association of Machinists District 10 and Local Lodge 873. Section 9 of 2015 Wisconsin Act 1, codified as Wis. Stat. § 110.06(1)(i), is unconstitutional under the Supremacy Clause of the United States Constitution, as preempted by § 302 of the Labor Management Relations Act, codified as 29 U.S.C. § 186(c)(4). Defendants are permanently enjoined from enforcing Wis. Stat. § 110.06(1)(i). Signed by District Judge William M. Conley on 12/27/2016. (arw) (Entered: 12/27/2016) 12/28/2016 58 ** TEXT ONLY ORDER ** An amended opinion and order will be docketed today correcting the statutory reference. Signed by District Judge William M. Conley on 12/28/2016. (arw) (Entered: 12/28/2016) 12/28/2016 59 AMENDED ORDER denying 37 Motion for Summary Judgment by Defendants Ray Allen and James R. Scott; granting 41 Motion for Summary Judgment by Plaintiff International Association of Machinists District 10 and Local Lodge 873. Section 9 of 2015 Wisconsin Act 1, codified as Wis. Stat. § 111.06(1)(i), is unconstitutional under the Supremacy Clause of the United States Constitution, as preempted by § 302 of the Labor Management Relations Act, codified as 29 U.S.C. § 186(c)(4). Defendants are permanently enjoined from enforcing Wis. Stat. § 111.06(1)(i). Signed by District Judge William M. Conley on 12/28/2016. (arw) (Entered: 12/28/2016) 12/29/2016 60 JUDGMENT entered in favor of plaintiffs International Association of Machinists District 10 and Local Lodge 873 against defendants Ray Allen and James R. Scott declaring that Section 9 of 2015 Wisconsin Act 1, codified as Wis. Stat. § 111.06(1)(i), is unconstitutional under the Supremacy Clause of the United States Constitution, as preempted by § 302 of the Labor Management Relations Act, codified as 29 U.S.C. § 186(c)(4), and that defendants are permanently enjoined from enforcing Wis. Stat. § 111.06(1)(i). (arw) (Entered: 12/29/2016) 1/27/2017 1:00 PM ECF Western District of Wisconsin 10 of 10 https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?71433894551914-L_1_0-1 01/12/2017 61 Motion for Attorney Fees and Expenses by Plaintiff International Association of Machinists District 10 and Local Lodge 873. (Eisenberg, Nathan) (Entered: 01/12/2017) 01/12/2017 62 Declaration of Nathan D. Eisenberg filed by Plaintiff International Association of Machinists District 10 and Local Lodge 873 re: 61 Motion for Attorney Fees, (Attachments: # 1 Exhibit A - Firm Brochure, # 2 Exhibit B - Order, # 3 Exhibit C - Opinion & Order in Dexter Case, # 4 Exhibit D - Statement of Attorney's Fees, # 5 Exhibit E - Statement of Costs) (Eisenberg, Nathan) Modified on 1/14/2017: Clarified exhibit descriptions. (lak) (Entered: 01/12/2017) 01/12/2017 63 Bill of Costs by Plaintiff International Association of Machinists District 10 and Local Lodge 873. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 1/23/2017. Brief in Support to Bill of Costs due 2/1/2017. Brief in Reply in Opposition to Bill of Costs due 2/6/2017. (Eisenberg, Nathan) (Entered: 01/12/2017) 01/17/2017 Set Briefing Deadlines re: 61 Motion for Attorney Fees and Expenses by Plaintiff International Association of Machinists District 10 and Local Lodge 873. Brief in Opposition due 1/26/2017. Brief in Reply due 2/2/2017. (arw/krc) (Entered: 01/17/2017) 01/26/2017 64 Joint Motion to Stay Proceedings by Defendants Ray Allen, James R. Scott. (Kilpatrick, Steven) (Entered: 01/26/2017) 01/27/2017 65 NOTICE OF APPEAL by Defendants Ray Allen, James R. Scott as to 59 Order,, 60 Judgment. Filing fee of $ 505, receipt number 0758-1959558 paid. Docketing Statement filed. (Attachments: # 1 Docketing Statement, # 2 Exhibit - Amended Opinion and Order, # 3 Exhibit - Judgment) (Kilpatrick, Steven) Modified on 1/27/2017. (lak) (Entered: 01/27/2017) 01/27/2017 66 Appeal Information Packet. (lak) (Entered: 01/27/2017) 1/27/2017 1:00 PM

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