The John K. MacIver Institute for Public Policy, Inc. v. Schmitz, Francis et al

Filing 98

Transmission of Notice of Appeal, Docketing Statement, Amended Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 96 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
THE JOHN K. MACIVER INSTITUTE
FOR PUBLIC POLICY, INC., on behalf
of the class it seeks to represent,
Plaintiff,
v.
FRANCIS SCHMITZ, JOHN
CHISHOLM, BRUCE LANDGRAF,
DAVID ROBLES, and ROBERT
STELTER, in their official and individual
capacities, and KEVIN KENNEDY,
SHANE FALK, and JONATHAN
BECKER, in their individual capacities,
Defendants.

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Civil Case No. 16-cv-539

DOCKETING STATEMENT OF PLAINTIFF-APPELLANT
THE JOHN K. MACIVER INSTITUTE FOR PUBLIC POLICY, INC.
Plaintiff The John K. MacIver Institute for Public Policy (“MacIver”), on behalf of itself
and members of the class it seeks to represent, hereby submits this Docketing Statement pursuant
to Circuit Rule 3(c)(1).
I.

Subject Matter Jurisdiction of the District Court of the Western District of
Wisconsin
The case arises under federal law. Plaintiff-Appellant brought this action under 18 U.S.C.

§ 2707, alleging that Defendants violated the Stored Communications Act, 18 U.S.C. §§ 27012712. The District Court exercised jurisdiction under 28 U.S.C. § 1331.

II.

Subject Matter Jurisdiction of the Court of Appeals for the Seventh Circuit
Jurisdiction in the Court of Appeals for the Seventh Circuit lies under 28 U.S.C. § 1291.

MacIver appeals from the District Court’s final judgment dismissing its First Amended
Complaint in its entirety under Fed. R. Civ. P. 12(b) and denying its motions for preliminary
injunction under Fed. R. Civ. P. 65(a) and for return of property under Fed. R. Crim. P. 41(g).
The District Court’s judgment adjudicated all claims in this case.
MacIver seeks review of the District Court’s March 20, 2017 judgment, Dkt. No. 95.
MacIver timely filed its Notice of Appeal in the District Court for the Western District of
Wisconsin on April 17, 2017.
This matter is not a direct appeal from a decision of a magistrate judge.
There have been no prior or related appellate proceedings in this case.
MacIver seeks relief from Defendants Special Prosecutor Francis Schmitz; Milwaukee
County District Attorney John Chisholm; Milwaukee County Assistant District Attorneys Bruce
Landgraf and David Robles; and Milwaukee County District Attorney’s Investigator Robert
Stelter in their official capacities. On information and belief, all five individuals currently occupy
those offices.

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Dated: April 17, 2017

Respectfully submitted,

GRAVES GARRETT, LLC
/s Edward D. Greim
Todd P. Graves (admitted pro hac vice)
Edward D. Greim (admitted pro hac vice)
(Counsel of Record)
Dane C. Martin (admitted pro hac vice)
J. Benton Hurst (admitted pro hac vice)
1100 Main Street, Suite 2700
Kansas City, Missouri 64105
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for The John K. MacIver Institute for
Public Policy, Inc.

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