appeal,attyopen united states district court eastern ... · civil docket for case #:...

APPEAL,ATTYOPEN

United States District CourtEastern District of Wisconsin (Milwaukee)

CIVIL DOCKET FOR CASE #: 2:14−cv−00139−RTR

O'Keefe et al v. Schmitz et alAssigned to: Judge Rudolph T RandaCase in other court: 14−1822

USCA 04/15/14 John T Chisholm et al,14−1822

14−1888

USCA Francis D Schmitz 04/22/14,14−1888

14−1899

USCA Dean Nickel 04/22/14, 14−1899

14−2006

USCA, 14−2006

USCA, 14−2012

14−2012

14−2023

USCA Nickel 05/07/14, 14−2023

14−2585

USCA, 14−2585Cause: 42:1983 Civil Rights Act

Date Filed: 02/10/2014Jury Demand: PlaintiffNature of Suit: 440 Civil Rights: OtherJurisdiction: Federal Question

Plaintiff

Eric O'Keefe represented byAndrew M GrossmanBaker Hostetler LLPWashington Sq − Ste 11001050 Connecticut Ave NWWashington, DC 20036−5304202−861−1697Fax: 202−861−1533Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

David B Rivkin , JrBaker Hostetler LLPWashington Sq − Ste 11001050 Connecticut Ave NWWashington, DC 20036−5304202−861−1731Fax: 202−861−1533Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Case: 14-1822 Document: 104-4 Filed: 08/22/2014 Pages: 54

https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?65694

mailto:[email protected]


Gregory L BakerBaker Hostetler LLPWashington Sq − Ste 11001050 Connecticut Ave NWWashington, DC 20036−5304202−861−1500Fax: 202−861−1783Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Lee A CaseyBaker Hostetler LLPWashington Sq − Ste 11001050 Connecticut Ave NWWashington, DC 20036−5304202−861−1730Fax: 202−861−1783Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Mark W DeLaquilBaker Hostetler LLPWashington Sq − Ste 11001050 Connecticut Ave NWWashington, DC 20036−5304202−861−1527Fax: 202−861−1783Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Richard B RaileBaker Hostetler LLPWashington Sq − Ste 11001050 Connecticut Ave NWWashington, DC 20036−5304202−861−1711Fax: 202−861−1783Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Edward H WilliamsBaker &Hostetler LLP191 N Wacker DrChicago, IL 60606312−416−6229Fax: 312−416−6201Email: [email protected]







ATTORNEY TO BE NOTICED

Plaintiff

Wisconsin Club for Growth Inc represented byAndrew M Grossman(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

David B Rivkin , Jr(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Gregory L Baker(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Lee A Casey(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Mark W DeLaquil(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Richard B Raile(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Edward H Williams(See above for address)ATTORNEY TO BE NOTICED

V.

Defendant

Francis D Schmitz represented byPatrick Camden Greeleyvon Briesen &Roper SC411 E Wisconsin Ave − Ste 1000Milwaukee, WI 53202−4427414−287−1416Fax: 414−238−6534Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Randall D Crocker



von Briesen &Roper SC411 E Wisconsin Ave − Ste 1000Milwaukee, WI 53202−4427414−287−1238Fax: 414−238−6532Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Joseph M Russellvon Briesen &Roper SC411 E Wisconsin Ave − Ste 1000Milwaukee, WI 53202−4427414−276−1122Fax: 414−276−6281Email: [email protected] TO BE NOTICED

Defendant

John T Chisholm represented byDouglas S KnottWilson Elser Moskowitz Edelman&Dicker LLP740 N Plankinton Ave − Ste 600Milwaukee, WI 53203−2412414−276−8816Fax: 414−276−8819Email: [email protected] TO BE NOTICED

Joseph M Russell(See above for address)ATTORNEY TO BE NOTICED

Samuel J LeibWilson Elser Moskowitz Edelman&Dicker LLP740 N Plankinton Ave − Ste 600Milwaukee, WI 53203−2412414−276−8816Fax: 414−276−8819Email: [email protected] TO BE NOTICED

Defendant

Bruce J Landgraf represented byDouglas S Knott(See above for address)ATTORNEY TO BE NOTICED







Lisa C PaulEmile Banks &Associates LLC1200 N Mayfair Rd − Ste 290Milwaukee, WI 53226414−777−0000Fax: 414−777−0090Email: [email protected] TO BE NOTICED

Samuel J Leib(See above for address)ATTORNEY TO BE NOTICED

Defendant

David Robles represented byDouglas S Knott(See above for address)ATTORNEY TO BE NOTICED


Samuel J Leib(See above for address)ATTORNEY TO BE NOTICED

Defendant

Dean Nickel represented byJoseph M Russell(See above for address)ATTORNEY TO BE NOTICED

Justin H LessnerAxley Brynelson LLPManchester Place2 E Mifflin St − Ste 200PO Box 1767Madison, WI 53701−1767608−257−5661Fax: 608−257−5444Email: [email protected] TO BE NOTICED

Patrick J FiedlerAxley Brynelson LLPManchester Place2 E Mifflin St − Ste 200PO Box 1767Madison, WI 53701−1767608−257−5661Fax: 608−257−5444




Email: [email protected] TO BE NOTICED

Timothy M BarberAxley Brynelson LLPManchester Place2 E Mifflin St − Ste 200PO Box 1767Madison, WI 53701−1767608−257−5661Fax: 608−257−5444Email: [email protected] TO BE NOTICED

Defendant

Gregory Peterson represented byDavid C RiceWisconsin Department of JusticeOffice of the Attorney General17 W Main StPO Box 7857Madison, WI 53707−7857608−266−6823Fax: 608−267−8906Email: [email protected] TO BE NOTICED

Intervenor

State Farm Fire and CasualtyCompany

represented byMark D MalloyMeissner Tierney Fisher &Nichols SC111 E Kilbourn Ave − 19th FlMilwaukee, WI 53202−6622414−273−1300Fax: 414−273−5840Email: [email protected] TO BE NOTICED

Intervenor

Reporters Committee for Freedom ofthe Press

represented byKatieLynn B TownsendGibson Dunn &Crutcher LLP333 S Grand AveLos Angeles, CA 90071213−229−7390Fax: 213−229−6390Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Shane A PenningtonBaker Botts LLP910 Louisiana St − Ste 3000Houston, TX 77002−4995







713−229−1340Fax: 713−229−2840Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Theodore J Boutrous , JrGibson Dunn &Crutcher LLP333 S Grand AveLos Angeles, CA 90071213−229−7804Fax: 213−229−7520Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Thomas H DupreeGibson Dunn &Crutcher LLP1050 Connecticut Ave NWWashington, DC 20036−5306202−955−8547Fax: 202−530−9670Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Michelle S StrattonBaker Botts LLP910 Louisiana St − Ste 3000Houston, TX 77002−4995713−229−1326Fax: 713−229−7826Email: [email protected] TO BE NOTICED

Intervenor

American Society of News Editors represented byKatieLynn B Townsend(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Shane A Pennington(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Theodore J Boutrous , Jr(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Thomas H Dupree






(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Michelle S Stratton(See above for address)ATTORNEY TO BE NOTICED

Intervenor

Wisconsin Broadcasters Association represented byKatieLynn B Townsend(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Thomas H Dupree(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


Intervenor

Wisconsin Freedom of InformationCouncil

represented byKatieLynn B Townsend(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Thomas H Dupree(See above for address)


LEAD ATTORNEYATTORNEY TO BE NOTICED


Intervenor

Wisconsin Newspaper Association represented byKatieLynn B Townsend(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Thomas H Dupree(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


Intervenor

Unnamed Intervenor No 1 represented byDennis P CoffeyMawicke &Goisman SC1509 N Prospect AveMilwaukee, WI 53202414−224−0600Fax: 414−224−9359Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Michael J BresnickStein Mitchell Muse Cipollone &BeatoLLP1100 Connecticut Ave NW − Ste 1100Washington, DC 20036202−737−7777Fax: 202−296−8312LEAD ATTORNEY



ATTORNEY TO BE NOTICED

Dean A StrangStrangBradley LLC10 E Doty St − Ste 1002Madison, WI 53703608−535−1550Fax: 608−406−2602Email: [email protected] TO BE NOTICED

Intervenor

Unnamed Intervenor No 2 represented byDean A Strang(See above for address)ATTORNEY TO BE NOTICED

Date Filed # Page Docket Text

02/10/2014 1 REDACTED COMPLAINT with Jury Demand; against All Defendants byEric O'Keefe, Wisconsin Club for Growth, Inc.. ( Filing Fee PAID $400receipt number 0757−1833996)(Williams, Edward) (Additionalattachment(s) added on 2/10/2014: # 1 Civil Cover Sheet) (nts). (Additionalattachment(s) added on 2/10/2014: # 2 SEALED Complaint, # 3 SEALEDExhibit B, # 4 SEALED Exhibit C, # 5 SEALED Exhibit D, # 6 SEALEDExhibit E, # 7 SEALED Exhibit F) (blr). Modified on 3/11/2014 (vkb)

02/10/2014 2 DISCLOSURE Statement by Eric O'Keefe, Wisconsin Club for Growth, Inc..(Attachments: # 1 Civil Cover Sheet)(Williams, Edward)

02/10/2014 3 MOTION to Seal by Eric O'Keefe, Wisconsin Club for Growth, Inc..(Williams, Edward)

02/10/2014 4 Redacted MOTION for Preliminary Injunction by Eric O'Keefe, WisconsinClub for Growth, Inc.. (Williams, Edward) (Additional attachment(s) addedon 2/10/2014: # 1 SEALED Motion for Preliminary Injunction) (blr).

02/10/2014 5 Redacted MOTION for Leave to File by Eric O'Keefe, Wisconsin Club forGrowth, Inc.. (Attachments: # 1 Redacted Lodged Memorandum, # 2Redacted Lodged Memorandum Exhibits A1, # 3 Redacted LodgedMemorandum Exhibits A2, # 4 Redacted Lodged Memorandum Exhibits A3,# 5 Redacted Lodged Memorandum Exhibits A4, # 6 Redacted LodgedMemorandum Exhibits B1, # 7 Redacted Lodged Memorandum Exhibits B2,# 8 Redacted Lodged Memorandum Exhibits C−F)(Williams, Edward)(Additional attachment(s) added on 2/10/2014: # 9 SEALED Motion forLeave to File Oversized Memorandum, # 10 SEALED Brief in Support(Lodged Memorandum), # 11 SEALED Exhibits A1, # 12 SEALED ExhibitsA2, # 13 SEALED Exhibits A3, # 14 SEALED Exhibits A4, # 15 SEALEDExhibits B1, # 16 SEALED B2, # 17 SEALED Exhibit C, # 18 SEALEDExhibit D, # 19 SEALED Exhibit E, # 20 SEALED Exhibit F) (blr).

02/10/2014 6 REQUEST for Issuance of Summons by Eric O'Keefe, Wisconsin Club forGrowth, Inc. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4Summons, # 5 Summons)(Williams, Edward)



https://ecf.wied.uscourts.gov/doc1/20302504661?caseid=65694&de_seq_num=9&hdr=1&pdf_header=1&pdf_toggle_possible=1








































02/10/2014 NOTICE Regarding assignment of this matter to Judge Rudolph T Randa;Consent/refusal forms for Magistrate Judge Goodstein to be filed within 21days; The consent/refusal form is available on our web site. (nts)

02/10/2014 NOTICE of Electronic Filing Error re 3 MOTION to Seal filed by WisconsinClub for Growth Inc, Eric O'Keefe, 4 MOTION for Preliminary Injunctionfiled by Wisconsin Club for Growth Inc, Eric O'Keefe, 5 MOTION for Leaveto File filed by Wisconsin Club for Growth Inc, Eric O'Keefe; Proposedorders should be filed as an attachment to the motion. Please ensure that theproposed orders have been emailed to the proposed email box for theassigned judge in Word or WordPerfect format. These documents do notneed to be re−filed. Please refer to the policies and procedures for electroniccase filing and the user manual found at www.wied.uscourts.gov. (blr)

02/10/2014 Summons Issued as to All Defendants. (blr)

02/11/2014 TEXT ONLY ORDER signed by Judge Rudolph T. Randa on 2/11/2014GRANTING 5 Motion for Leave to File Oversized Memorandum. (cc: allcounsel) (cb) (Entered: 02/12/2014)

02/11/2014 7 Redacted BRIEF in Support filed by All Plaintiffs re 4 MOTION forPreliminary Injunction . (Attachments: # 1 SEALED Brief in Support ofMotion for Preliminary Injunction, # 2 Exhibits A1, # 3 SEALED ExhibitsA1, # 4 Exhibits A2, # 5 SEALED Exhibits A2, # 6 Exhibits A3, # 7SEALED Exhibits A3, # 8 Exhibits A4, # 9 SEALED Exhibits A4, # 10Exhibits B1, # 11 SEALED Exhibits B1, # 12 Exhibits B2, # 13 SEALEDExhibits B2, # 14 Exhibit C, # 15 SEALED Exhibit C, # 16 Exhibit D, # 17SEALED Exhibit D, # 18 Exhibit E, # 19 SEALED Exhibit E, # 20 ExhibitF, # 21 SEALED Exhibit F)(blr) (Entered: 02/12/2014)

02/12/2014 8 ORDER signed by Judge Rudolph T. Randa on 2/12/2014 GRANTING 3Motion to Seal. The following shall be filed and maintained under seal:Plaintiffs' complaint and exhibits thereto; Plaintiffs' motion for preliminaryinjunction; Plaintiffs' Motion for leave to file oversized memorandum insupport of preliminary injunction; Plaintiffs' memorandum of points andauthorities in support of motion for preliminary injunction and exhibitsthereto. (cc: all counsel) (cb)

02/21/2014 9 NOTICE of Appearance by Richard B Raile on behalf of All Plaintiffs.Attorney(s) appearing: Richard B. Raile (Raile, Richard)

02/21/2014 10 NOTICE of Appearance by Andrew M Grossman on behalf of All Plaintiffs.Attorney(s) appearing: Andrew M. Grossman (Grossman, Andrew)

02/21/2014 11 NOTICE of Appearance by Lee A Casey on behalf of All Plaintiffs.Attorney(s) appearing: Lee A. Casey (Casey, Lee)

02/21/2014 12 NOTICE of Appearance by Mark W DeLaquil on behalf of All Plaintiffs.Attorney(s) appearing: Mark W. DeLaquil (DeLaquil, Mark)

02/21/2014 13 NOTICE of Appearance by David B Rivkin, Jr on behalf of All Plaintiffs.Attorney(s) appearing: David B. Rivkin, Jr. (Rivkin, David)

02/25/2014 14 Refusal to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Raile,Richard)





































02/25/2014 15 NOTICE of Appearance by Joseph M Russell on behalf of Francis DSchmitz. Attorney(s) appearing: Randall D. Crocker, Joseph M. Russell,Patrick C. Greeley (Russell, Joseph)

02/26/2014 NOTICE of Electronic Filing Error re 14 Consent/Refusal to Jurisdiction byUS Magistrate Judge filed by Wisconsin Club for Growth Inc, Eric O'Keefe ;All documents should contain the s/signature of the attorney who files thedocument. This document does not need to be re−filed. Please refer to thepolicies and procedures for electronic case filing and the user manual foundat www.wied.uscourts.gov. (blr)

02/26/2014 16 DISCLOSURE Statement by Francis D Schmitz. (Russell, Joseph)

02/26/2014 17 NOTICE of Appearance by Patrick J Fiedler on behalf of Dean Nickel.Attorney(s) appearing: Patrick J. Fiedler (Fiedler, Patrick)

02/26/2014 18 NOTICE of Appearance by Justin H Lessner on behalf of Dean Nickel.Attorney(s) appearing: Justin H. Lessner (Lessner, Justin)

02/26/2014 19 DISCLOSURE Statement by Dean Nickel. (Lessner, Justin)

02/27/2014 20 SUMMONS Returned Executed by Eric O'Keefe, Wisconsin Club forGrowth Inc. John T Chisholm served on 2/12/2014, answer due 3/5/2014.(Williams, Edward)

02/27/2014 21 SUMMONS Returned Executed by Eric O'Keefe, Wisconsin Club forGrowth Inc. Bruce J Landgraf served on 2/12/2014, answer due 3/5/2014.(Williams, Edward)

02/27/2014 22 SUMMONS Returned Executed by Eric O'Keefe, Wisconsin Club forGrowth Inc. Dean Nickel served on 2/12/2014, answer due 3/5/2014.(Williams, Edward)

02/27/2014 23 SUMMONS Returned Executed by Eric O'Keefe, Wisconsin Club forGrowth Inc. David Robles served on 2/12/2014, answer due 3/5/2014.(Williams, Edward)

02/27/2014 24 SUMMONS Returned Executed by Eric O'Keefe, Wisconsin Club forGrowth Inc. Francis D Schmitz served on 2/19/2014, answer due 3/12/2014.(Williams, Edward)

02/27/2014 25 NOTICE of Appearance by Gregory L Baker on behalf of All Plaintiffs.Attorney(s) appearing: Gregory L. Baker (Baker, Gregory)

02/28/2014 26 NOTICE of Appearance by Samuel J Leib on behalf of John T Chisholm,Bruce J Landgraf, David Robles. Attorney(s) appearing: Samuel J. Leib andDouglas S. Knott (Leib, Samuel)

02/28/2014 27 NOTICE of Appearance by Douglas S Knott on behalf of John T Chisholm,Bruce J Landgraf, David Robles. Attorney(s) appearing: Douglas S. Knottand Samuel J. Leib (Knott, Douglas)

03/05/2014 28 NOTICE of Appearance by David C Rice on behalf of Gregory Peterson.Attorney(s) appearing: David C. Rice (Rice, David)

03/05/2014 29 LETTER from Douglas S. Knott to Honorable Rudolph Randa. (Knott,Douglas)


















03/05/2014 30 LETTER from David B. Rivkin, Jr. to the Honorable Rudolph T. Randa.(Grossman, Andrew)

03/06/2014 31 WAIVER OF SERVICE Returned Executed by Gregory Peterson waiversent on 2/26/2014, answer due 4/28/2014. (Williams, Edward)

03/07/2014 32 MOTION for Order Scheduling Preliminary Pretrial Conference by AllPlaintiffs. (Rivkin, David)

03/07/2014 TEXT ONLY ORDER signed by Judge Rudolph T Randa on 3/7/2014APPROVING 32 MOTION for Scheduling a Preliminary Pretrial Conferencefiled by Wisconsin Club for Growth Inc &Eric O'Keefe. TelephonicScheduling Conference set for 3/13/2014 02:00 PM (CT) before JudgeRudolph T Randa. The Court will initiate the call. (cc: all counsel)(Zik,Linda)

03/07/2014 33 Joint MOTION for Leave to File Materials Under Seal by Dean Nickel.(Fiedler, Patrick)

03/07/2014 34 Joint MOTION to Stay Briefing on Injunctive Reliefr by Dean Nickel.(Fiedler, Patrick)

03/07/2014 35 Redacted BRIEF in Support filed by Dean Nickel re 34 Joint MOTION toStay Briefing on Injunctive Relief . (Fiedler, Patrick) (Additionalattachment(s) added on 3/10/2014: # 1 SEALED Brief in Support) (blr).(Additional attachment(s) added on 3/14/2014: # 2 Letter re: DocumentRedaction, # 3 Redacted Brief in Support (redaction formatting corrected))(blr).

03/10/2014 36 SEALED RESPONSE to Motion filed by All Plaintiffs re 34 Joint MOTIONto Stay Briefing on Injunctive Relief . (Attachments: # 1 ExhibitA)(Grossman, Andrew) Modified on 3/10/2014 (msc). See 38 for redactedversion. Modified on 3/10/2014 (blr).

03/10/2014 37 MOTION to Seal Plaintiffs Response in Opposition to Defendants' Motion toStay Briefing by All Plaintiffs. (Rivkin, David)

03/10/2014 38 Redacted RESPONSE to Motion filed by All Plaintiffs re 34 Joint MOTIONto Stay Briefing on Injunctive Reliefr (Redacted). (Rivkin, David) See 36 forsealed version.

03/11/2014 TEXT ONLY ORDER signed by Judge Rudolph T. Randa on 3/11/2014GRANTING 37 Plaintiff's Motion to File Materials Under Seal. (cc: allcounsel) (cb)

03/12/2014 39 MOTION to Seal Document by Dean Nickel. (Attachments: # 1 Text ofProposed Order)(Fiedler, Patrick)

03/12/2014 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTIONto Dismiss for Lack of Jurisdiction Pursuant to Rules 12(b)(1), (b)(6), and(b)(7) by Dean Nickel. (Fiedler, Patrick)

03/12/2014 41 RE−FILED; SEE 54 Redacted BRIEF in Support filed by Dean Nickel re 40MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION toDismiss for Lack of Jurisdiction Pursuant to Rules 12(b)(1), (b)(6), and(b)(7), 39 MOTION to Seal Document (Fiedler, Patrick) (Additional





























attachment(s) added on 3/13/2014: # 1 SEALED Brief in Support) (blr).Modified on 3/13/2014 (blr).

03/12/2014 42 MOTION for Leave to File Materials Under Seal by Francis D Schmitz.(Russell, Joseph)

03/12/2014 43 MOTION to Dismiss by Francis D Schmitz. (Russell, Joseph)

03/12/2014 44 Redacted BRIEF in Support filed by Francis D Schmitz re 43 MOTION toDismiss . (Russell, Joseph) (Additional attachment(s) added on 3/13/2014: #1 SEALED Brief in Support) (blr).

03/12/2014 45 MOTION to Bifurcate , MOTION to Intervene , MOTION to Stay by StateFarm Fire and Casualty Company. (Malloy, Mark)

03/12/2014 46 Redacted BRIEF in Support filed by State Farm Fire and Casualty Companyre 45 MOTION to Bifurcate MOTION to Intervene MOTION to Stay .(Malloy, Mark) (Additional attachment(s) added on 3/14/2014: # 1 SEALEDBrief in Support) (blr).

03/12/2014 47 MOTION for Leave to File Materials Under Seal by All Defendants.(Russell, Joseph)

03/12/2014 48 Redacted BRIEF in Opposition filed by Francis D Schmitz re 4 MOTION forPreliminary Injunction Joined by John Chisholm, Bruce Landgraf, DavidRobles and Dean Nickel. (Russell, Joseph) (Additional attachment(s) addedon 3/13/2014: # 1 SEALED Brief in Opposition) (blr).

03/12/2014 49 MOTION for Leave to File Materials Under Seal by John T Chisholm,Bruce J Landgraf, David Robles. (Leib, Samuel)

03/12/2014 50 FILED IN ERROR; see 51 MOTION for Leave to File OversizedMemorandum by John T Chisholm, Bruce J Landgraf, David Robles (Leib,Samuel) Modified on 3/13/2014 (vkb)

03/12/2014 51 MOTION for Leave to File Oversized Memorandum in Support of Motion toDismiss by John T Chisholm, Bruce J Landgraf, David Robles.(Attachments: # 1 Redacted Oversized Memorandum)(Leib, Samuel)

03/12/2014 52 MOTION to Dismiss by John T Chisholm, Bruce J Landgraf, David Robles.(Leib, Samuel)

03/12/2014 53 Redacted DECLARATION of Samuel J. Leib (Attachments: # 1 RedactdExhibit A, # 2 Redacted Exhibit B, # 3 Redacted Exhibit C, # 4 RedactedExhibit D, # 5 Redacted Exhibit E, # 6 Redacted Exhibit F, # 7 RedactedExhibit G, # 8 Redacted Exhibit H, # 9 Redacted Exhibit I, # 10 RedactedExhibit J, # 11 Redacted Exhibit K, # 12 Redacted Exhibit L, # 13 RedactedExhibit M, # 14 Redacted Exhibit N, # 15 Redacted Exhibit O, # 16 RedactedExhibit P, # 17 Redacted Exhibit Q, # 18 Redacted Exhibit R, # 19 RedactedExhibit S, # 20 Redacted Exhibit T, # 21 Redacted Exhibit U, # 22 RedactedExhibit V, # 23 Redacted Exhibit W, # 24 Redacted Exhibit X)(Leib,Samuel) (Additional attachment(s) added on 3/13/2014: # 25 SEALEDDeclaration of Samuel Leib) (blr). (Additional attachment(s) added on3/13/2014: # 26 SEALED Exhibit A, # 27 SEALED Exhibit B, # 28SEALED Exhibit C, # 29 SEALED Exhibit D, # 30 SEALED Exhibit E, # 31SEALED Exhibit F, # 32 SEALED Exhibit G, # 33 SEALED Exhibit H, # 34

























































SEALED Exhibit I, # 35 SEALED Exhibit J, # 36 SEALED Exhibit K, # 37SEALED Exhibit L, # 38 SEALED Exhibit M, # 39 SEALED Exhibit N, #40 SEALED Exhibit O, # 41 SEALED Exhibit P, # 42 SEALED Exhibit Q, #43 SEALED Exhibit R, # 44 SEALED Exhibit S, # 45 SEALED Exhibit T, #46 SEALED Exhibit U, # 47 SEALED Exhibit V, # 48 SEALED Exhibit W,# 49 SEALED Exhibit X) (blr).

03/13/2014 NOTICE of Electronic Filing Error re 42 MOTION for Leave to FileMaterials Under Seal by Francis D Schmitz and 47 MOTION for Leave toFile Materials Under Seal filed by Dean Nickel, David Robles, Francis DSchmitz, Gregory Peterson, Bruce J Landgraf, John T Chisholm ; Theproposed order should be filed as an attachment to the motion. Please ensurethat the proposed order has been emailed to the proposed email box for theassigned judge in Word or WordPerfect format. This document does not needto be re−filed. Please refer to the policies and procedures for electronic casefiling and the user manual found at www.wied.uscourts.gov. (blr)

03/13/2014 54 Redacted BRIEF in Support filed by Dean Nickel re 40 MOTION TODISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss forLack of Jurisdiction Pursuant to Rules 12(b)(1), (b)(6), and (b)(7) .(Attachments: # 1 Letter Explaining this filing is to correct improperredaction of Doc. 41)(Fiedler, Patrick) (Additional attachment(s) added on3/13/2014: # 2 SEALED Brief in Support) (blr).

03/13/2014 55 Redacted REPLY BRIEF in Support filed by All Defendants re 34 JointMOTION to Stay Briefing on Injunctive Relief. (Leib, Samuel) (Additionalattachment(s) added on 3/13/2014: # 1 SEALED Reply Brief in Support)(blr).

03/13/2014 56 DECLARATION of Samuel Leib (Attachments: # 1 Exhibit WCFGNewsletter, # 2 Exhibit WCFG Donation)(Leib, Samuel)

03/13/2014 57 MOTION to Seal by John T Chisholm, Bruce J Landgraf, David Robles.(Leib, Samuel)

03/13/2014 58 Amended MOTION to Seal Document Correcting [Doc. 57 ] by John TChisholm, Bruce J Landgraf, David Robles. (Leib, Samuel)

03/13/2014 59 ORDER signed by Judge Rudolph T. Randa on 3/13/2014 GRANTING 51Motion for Leave to File Oversized Memorandum. (cc: all counsel) (cb)

03/13/2014 60 Redacted BRIEF in Support filed by John T Chisholm, Bruce J Landgraf,David Robles re 52 MOTION to Dismiss . (blr) (Additional attachment(s)added on 3/13/2014: # 1 SEALED Brief in Support) (blr).

03/13/2014 61 MOTION to Seal File Materials Under Seal by State Farm Fire and CasualtyCompany. (Malloy, Mark)

03/13/2014 62 Minute Entry for proceedings held before Judge Rudolph T. Randa:Status−Scheduling Conference held on 3/13/2014. Plaintiffs to file reply todefendants' preliminary injunction response and defendants' motions todismiss by 3/24/2014; Court to issue decision on defendants' motions todismiss by 4/11/2014; Defendants to file any supplemental response toplaintiffs' preliminary injunction motion by 4/15/2014; Plaintiffs to file anyreply to any supplemental response by defendants to plaintiffs' preliminary







































injunction motion by 4/20/2014; Defendant Peterson to fileanswer/responsive pleading to complaint by 4/28/2014; All other defendantsto file answers to complaint by 4/29/2014; Preliminary Injunction Hearing setfor 4/30/2014 at 9:00 AM (Central Time) in Courtroom 320, 517 E.Wisconsin Ave., Milwaukee, WI 53202 before Judge Rudolph T. Randa. (cb)

03/13/2014 63 SCHEDULING ORDER signed by Judge Rudolph T. Randa on 3/13/2014.34 Joint MOTION to Stay Briefing on Injunctive Relief GRANTED to theextent it is consistent with schedule outlined in 62 status−schedulingconference minutes. (cc: all counsel)(cb)

03/13/2014 64 ORDER signed by Judge Rudolph T. Randa on 3/13/2014 GRANTING 3339 42 47 49 58 Motions to Seal. Clerk of Court DIRECTED to file andmaintain unredacted documents [35−1] [44−1] [48−1] [53−25 thru 53−49][54−2] [55−1] [60−1] under seal. (cc: all counsel)(cb)

03/14/2014 65 MOTION to Amend/Correct 63 Scheduling Order by All Plaintiffs.(Attachments: # 1 Text of Proposed Order)(Rivkin, David)

03/14/2014 66 RESPONSE to Motion filed by Francis D Schmitz re 65 MOTION toAmend/Correct 63 Scheduling Order Joined by Dean Nickel. (Russell,Joseph)

03/14/2014 67 BRIEF in Opposition filed by John T Chisholm, Bruce J Landgraf, DavidRobles re 65 MOTION to Amend/Correct 63 Scheduling Order .(Attachments: # 1 Exhibit AG Opinion Supporting Brief)(Knott, Douglas)

03/17/2014 68 REPLY BRIEF in Support filed by All Plaintiffs re 65 MOTION toAmend/Correct 63 Scheduling Order . (Rivkin, David)

03/17/2014 69 ORDER signed by Judge Rudolph T. Randa on 3/17/2014. 61 MOTION toSeal filed by State Farm Fire and Casualty Company GRANTED; Clerk ofCourt DIRECTED to file and maintain under seal [46−1] Motion toIntervene/Bifurcate/Stay. 65 MOTION to Amend/Correct Scheduling Orderfiled by Wisconsin Club for Growth, Inc., Eric O'Keefe DENIED. (cc: allcounsel)(cb)

03/24/2014 70 MOTION to File Materials Under Seal by All Plaintiffs. (Rivkin, David)

03/24/2014 71 MOTION to File Oversized Memoranda by All Plaintiffs. (Attachments: # 1Redacted Consolidated Response to Motions to Dismiss# 2 Redacted Replyin Support of Preliminary Injunction Motion# 3 Redacted Exhibit G inSupport of Preliminary Injunction Filing, # 4 Text of ProposedOrder)(Rivkin, David) (Additional attachment(s) added on 3/25/2014: # 5SEALED Consolidated Response to Motions to Dismiss, # 6 SEALED Replyin Support of Preliminary Injunction Motion, # 7 SEALED Exhibit G inSupport of Preliminary Injunction Filing) (blr).

03/31/2014 72 MOTION for Leave to File Reply in Support of Motion to Dismiss and toFile Material Under Seal by Francis D Schmitz. (Attachments: # 1 RedactedReply in Support of Motion to Dismiss, # 2 Proposed Order)(Russell,Joseph). (Additional attachment(s) added on 3/31/2014: # 3 SEALED Replyin Support of Motion to Dismiss) (blr). Added MOTION to Seal Documenton 3/31/2014 (blr).

03/31/2014 73






































MOTION to Seal Reply by Dean Nickel. (Attachments: # 1 Text of ProposedOrder Proposed Order Granting Motion to File Under Seal)(Lessner, Justin)

03/31/2014 74 RE−FILED (CORRECTED MAIN DOCUMENT); SEE 78 MOTION forLeave to File Reply in Support of Motion to Dismiss by Dean Nickel.(Attachments: # 1 Exhibit 1 − Redacted Reply in Support of Motion toDismiss, # 2 Text of Proposed Order)(Lessner, Justin) (Additionalattachment(s) added on 4/1/2014: # 3 SEALED Reply Brief in Support ofMotion to Dismiss) (blr). Modified on 4/1/2014 (blr).

03/31/2014 75 MOTION for Leave to File to File Reply Brief ISO Motion to Dismiss 52 byJohn T Chisholm, Bruce J Landgraf, David Robles. (Attachments: # 1Redacted Reply Brief, # 2 Text of Proposed Order)(Leib, Samuel)(Additional attachment(s) added on 3/31/2014: # 3 SEALED Reply Brief)(blr).

03/31/2014 NOTICE of Electronic Filing Error re 73 MOTION to Seal Reply filed byDean Nickel, 74 MOTION for Leave to File Reply in Support of Motion toDismiss filed by Dean Nickel; All documents should contain the s/signatureof the attorney who files the document. These documents do not need to bere−filed. Please refer to the policies and procedures for electronic case filingand the user manual found at www.wied.uscourts.gov. (blr)

03/31/2014 76 MOTION for Leave to File Reply Brief [75−1] Under Seal by John TChisholm, Bruce J Landgraf, David Robles. (Attachments: # 1 ProposedOrder)(Leib, Samuel)

03/31/2014 77 RESPONSE to Motion filed by All Plaintiffs re 75 MOTION for Leave toFile to File Reply Brief ISO Motion to Dismiss 52 , 74 MOTION for Leave toFile Reply in Support of Motion to Dismiss, 72 MOTION for Leave to FileReply in Support of Motion to Dismiss and to File Material Under SealMOTION to Seal Document . (Rivkin, David)

04/01/2014 78 MOTION for Leave to File Reply Brief in Support of Motion to Dismiss byDean Nickel. (Attachments: # 1 Exhibit 1 − Nickel's Redacted Reply Brief inSupport of Motion to Dismiss, # 2 Text of Proposed Order)(Lessner, Justin)(Additional attachment(s) added on 4/1/2014: # 3 SEALED Reply Brief inSupport) (blr).

04/01/2014 79 REPLY BRIEF in Support filed by Francis D Schmitz re 72 MOTION forLeave to File Reply in Support of Motion to Dismiss and to File MaterialUnder Seal MOTION to Seal Document . (Russell, Joseph)

04/02/2014 80 MOTION for Leave to File Notice of Supplemental Authority and MOTIONto Seal by All Plaintiffs. (Attachments: # 1 Redacted Notice of SupplementalAuthority)(Rivkin, David). Added MOTION to Seal Document on 4/3/2014(blr). (Additional attachment(s) added on 4/4/2014: # 2 SEALED Notice ofSupplemental Authority) (blr).

04/04/2014 81 RESPONSE to Motion filed by All Plaintiffs re 45 MOTION to BifurcateMOTION to Intervene MOTION to Stay . (Rivkin, David)

04/04/2014 82 MOTION for Leave to File Response to Plaintiffs' Notice of SupplementalAuthority and to File Materials Under Seal by Francis D Schmitz.(Attachments: # 1 Redacted Response to Plaintiffs' Notice of Supplemental



































Authority, # 2 Text of Proposed Order)(Russell, Joseph). Added MOTION toSeal Document on 4/4/2014 (blr). (Additional attachment(s) added on4/4/2014: # 3 SEALED Notice of Supplemental Authority) (blr).

04/04/2014 NOTICE of Electronic Filing Error re 82 MOTION for Leave to FileResponse to Plaintiffs' Notice of Supplemental Authority and to FileMaterials Under Seal filed by Francis D Schmitz; When filing motionswhich contain multiple parts the filer should select all applicable parts fromthe motion event list (Motion for Leave to File &Motion to Seal Document).This document does not need to be re−filed. Please refer to the policies andprocedures for electronic case filing and the user manual found atwww.wied.uscourts.gov. (blr)

04/08/2014 83 ORDER signed by Judge Rudolph T. Randa on 4/8/2014. 40 43 52Defendants' Motions to Dismiss DENIED; 70 71 Plaintiffs' Motions to FileMaterials Under Seal and to File Oversized Memoranda GRANTED; 72 7375 76 78 Defendants' Motions to Seal and to File Reply Briefs GRANTED;80 Plaintiffs' Motion for Leave to File Supplemental Authority and to SealGRANTED; 82 Schmitz's Motion for Leave to File Response and to SealGRANTED. (cc: all counsel)(cb)

04/08/2014 84 Redacted Consolidated BRIEF in Opposition filed by All Plaintiffs re 40MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION toDismiss for Lack of Jurisdiction Pursuant to Rules 12(b)(1), (b)(6), and(b)(7), 43 MOTION to Dismiss , 52 MOTION to Dismiss . (blr) (Additionalattachment(s) added on 4/9/2014: # 1 SEALED Brief in Opposition) (blr).(Entered: 04/09/2014)

04/08/2014 85 Redacted REPLY BRIEF in Support filed by All Plaintiffs re 4 MOTION forPreliminary Injunction . (Attachments: # 1 Redacted Exhibit G)(blr)(Additional attachment(s) added on 4/9/2014: # 2 SEALED Reply Brief inSupport, # 3 SEALED Exhibit G) (blr). (Entered: 04/09/2014)

04/08/2014 86 Redacted RELY BRIEF in Support filed by Francis D Schmitz re 43MOTION to Dismiss . (blr) (Additional attachment(s) added on 4/9/2014: # 1SEALED Reply Brief in Support) (blr). (Entered: 04/09/2014)

04/08/2014 87 Redacted REPLY BRIEF in Support filed by John T Chisholm, Bruce JLandgraf, David Robles re 52 MOTION to Dismiss. (blr) (Additionalattachment(s) added on 4/9/2014: # 1 SEALED Reply Brief in Support) (blr).(Entered: 04/09/2014)

04/08/2014 88 Redacted REPLY BRIEF in Support filed by Dean Nickel re 40 MOTIONTO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismissfor Lack of Jurisdiction Pursuant to Rules 12(b)(1), (b)(6), and (b)(7). (blr)(Additional attachment(s) added on 4/9/2014: # 1 SEALED Reply Brief inSupport) (blr). (Entered: 04/09/2014)

04/08/2014 89 Redacted NOTICE of Supplemental Authority filed by All Plaintiffs. (blr)(Additional attachment(s) added on 4/9/2014: # 1 SEALED Notice ofSupplemental Authority) (blr). (Entered: 04/09/2014)

04/08/2014 90 Redacted RESPONSE filed by Francis D Schmitz re 89 Notice ofSupplemental Authority. (blr) (Additional attachment(s) added on 4/9/2014:# 1 SEALED Response to Notice of Supplemental Authority) (blr). (Entered:










































04/09/2014)

04/10/2014 91 ANSWER to 1 Complaint,, by Gregory Peterson.(Rice, David)

04/15/2014 92 NOTICE OF APPEAL by John T Chisholm, Bruce J Landgraf, DavidRobles. Filing Fee PAID $505, receipt number 0757−1871948 (cc: allcounsel) (Leib, Samuel)

04/15/2014 93 Docketing Statement by John T Chisholm, Bruce J Landgraf, David Roblesre 92 Notice of Appeal (cc: all counsel) (Leib, Samuel)

04/15/2014 94 MOTION to Certify the Court's April 8, 2014 Order for Interlocutory Appealfiled by John T Chisholm, Bruce J Landgraf, David Robles (Leib, Samuel)Modified on 4/15/2014 (vkb) (Additional attachment(s) added on 4/15/2014:# 1 Text of Proposed Order) (vkb).

04/15/2014 95 BRIEF in Support filed by John T Chisholm, Bruce J Landgraf, DavidRobles re 94 MOTION to Certify . (Leib, Samuel)

04/15/2014 96 MOTION to Stay Pending Appeal by John T Chisholm, Bruce J Landgraf,David Robles. (Leib, Samuel) (Additional attachment(s) added on 4/15/2014:# 1 Text of Proposed Order for Stay Pending Appeal of Denial ofGovernmental Immunity, # 2 Text of Proposed Order for Stay PendingInterlocutory Appeal of Denial of Abstention) (vkb)

04/15/2014 97 BRIEF in Support filed by John T Chisholm, Bruce J Landgraf, DavidRobles re 96 MOTION to Stay Pending Appeal . (Leib, Samuel)

04/15/2014 98 7th Circuit Information Sheet re: 92 Notice of Appeal (jv)

04/15/2014 99 Attorney Cover Letter re: 92 Notice of Appeal (Attachments: # 1 DocketSheet)(jv)

04/15/2014 100 Transmission of Notice of Appeal and Docket Sheet to US Court of Appealsre 92 Notice of Appeal (jv)

04/15/2014 101 MOTION to Seal Supplemental Response to Plaintiff's Motion forPreliminary Injunction by Dean Nickel. (Attachments: # 1 Text of ProposedOrder Proprosed Order Granting Motion to Seal)(Fiedler, Patrick)

04/15/2014 102 Redacted RESPONSE to Motion filed by Dean Nickel re 4 MOTION forPreliminary Injunction , 101 MOTION to Seal Supplemental Response toPlaintiff's Motion for Preliminary Injunction . (Fiedler, Patrick) (Additionalattachment(s) added on 4/16/2014: # 1 SEALED Supplemental Response)(mlm).

04/15/2014 103 Redacted DECLARATION of Dean Nickel (Fiedler, Patrick) Modified on4/16/2014 (mlm). (Additional attachment(s) added on 4/16/2014: # 1SEALED Declaration) (mlm).

04/15/2014 104 Redacted DECLARATION of Kevin J. Kennedy (Fiedler, Patrick) Modifiedon 4/16/2014 (mlm). (Additional attachment(s) added on 4/16/2014: # 1SEALED Declaration) (mlm).

04/15/2014 105 DECLARATION of Reid Magney (Fiedler, Patrick)

04/15/2014 106 MOTION to Seal Document by John T Chisholm, Bruce J Landgraf, David



































Robles. (Attachments: # 1 Text of Proposed Order)(Leib, Samuel)

04/15/2014 107 MOTION for Leave to File Document Under Seal, MOTION to SealDocument by Francis D Schmitz. (Attachments: # 1 Text of ProposedOrder)(Russell, Joseph)

04/15/2014 108 USCA Case Number 14−1822 re: 92 Notice of Appeal filed by DavidRobles, Bruce J Landgraf, John T Chisholm. (jv)

04/15/2014 109 Redacted RESPONSE to Motion filed by John T Chisholm, Bruce JLandgraf, David Robles re 4 MOTION for Preliminary Injunction toSupplement Prior Response 48 . (Leib, Samuel) (Additional attachment(s)added on 4/16/2014: # 1 SEALED Response) (mlm).

04/15/2014 110 Redacted DECLARATION of Samuel J. Leib (Attachments: # 1 Exhibit A, #2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, #17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Leib, Samuel)(Additional attachment(s) added on 4/16/2014: # 21 SEALED Declaration)(mlm). (Additional attachment(s) added on 4/16/2014: # 22 SEALED ExhibitA, # 23 SEALED Exhibit B, # 24 SEALED Exhibit C, # 25 SEALEDExhibit D, # 26 SEALED Exhibit E, # 27 SEALED Exhibit F, # 28 SEALEDExhibit G, # 29 SEALED Exhibit H, # 30 SEALED Exhibit I, # 31 SEALEDExhibit J, # 32 SEALED Exhibit K, # 33 SEALED Exhibit L, # 34 SEALEDExhibit M, # 35 SEALED Exhibit N, # 36 SEALED Exhibit O, # 37SEALED Exhibit P, # 38 SEALED Exhibit Q, # 39 SEALED Exhibit R, # 41SEALED Exhibit S, # 42 SEALED Exhibit T) (mlm). Modified on 4/16/2014(mlm).

04/15/2014 111 DECLARATION of Bruce J. Landgraf (Attachments: # 1 Exhibit A, # 2Exhibit B)(Leib, Samuel)

04/15/2014 112 Redacted DECLARATION of Larry E. Nelson (Attachments: # 1 ExhibitA)(Leib, Samuel) (Additional attachment(s) added on 4/16/2014: # 2SEALED Declaration) (mlm). (Additional attachment(s) added on 4/16/2014:# 3 SEALED Exhibit A) (mlm).

04/15/2014 113 Redacted DECLARATION of Ismael R. Ozanne (Attachments: # 1 ExhibitA)(Leib, Samuel) (Additional attachment(s) added on 4/16/2014: # 2SEALED Declaration, # 3 SEALED Exhibit A) (mlm).

04/15/2014 114 Redacted RESPONSE to Motion filed by Francis D Schmitz re 4 MOTIONfor Preliminary Injunction (Supplemental Opposition). (Russell, Joseph)(Additional attachment(s) added on 4/16/2014: # 1 SEALED Response toMotion) (mlm).

04/15/2014 115 DECLARATION of John T. Chisholm (Leib, Samuel)

04/15/2014 116 DECLARATION of David Robles (Leib, Samuel)

04/15/2014 117 33 Redacted DECLARATION of Francis Schmitz in support of SupplementalOpposition to Motion for Preliminary Injunction (Attachments: # 1 ExhibitExhibit A (Redacted), # 2 Exhibit Exhibit B (Redacted), # 3 Exhibit ExhibitC (Redacted), # 4 Exhibit Exhibit D (Redacted), # 5 Exhibit Exhibit E(Redacted))(Russell, Joseph) (Additional attachment(s) added on 4/16/2014:











































































# 6 SEALED Declaration of Francis Schmitz) (mlm). (Additionalattachment(s) added on 4/16/2014: # 7 SEALED Exhibit A, # 8 SEALEDExhibit B, # 9 SEALED Exhibit C, # 10 SEALED Exhibit D, # 11 SEALEDExhibit E) (mlm).

04/15/2014 118 DECLARATION of Joseph Russell in support of Supplemental Oppositionto Motion for Preliminary Injunction (Attachments: # 1 Exhibit RussellExhibit 1, # 2 Exhibit Russell Exhibit 2)(Russell, Joseph)

04/15/2014 119 MOTION for Protective Order by Francis D Schmitz. (Attachments: # 1Schmitz Declaration, # 2 Text of Proposed Order)(Russell, Joseph)

04/20/2014 120 MOTION for Leave to File Oversized Memorandum, MOTION to SealDocument by All Plaintiffs. (Attachments: # 1 Redacted SupplementalResponse, # 2 Redacted Exhibit H in Support of Supplemental Response, # 3Redacted Exhibit I in Support of Supplemental Response, # 4 Text ofProposed Order)(Rivkin, David) (Additional attachment(s) added on4/22/2014: # 5 SEALED Supplemental Response, # 6 SEALED Exhibit H, #7 SEALED Exhibit I) (mlm).

04/21/2014 121 LETTER from Douglas S. Knott . (Knott, Douglas)

04/22/2014 122 LETTER from David B. Rivkin . (Rivkin, David)

04/22/2014 123 NOTICE OF APPEAL by Francis D Schmitz. Filing Fee PAID $505, receiptnumber 0757−1876202 (cc: all counsel) (Russell, Joseph)

04/22/2014 124 Docketing Statement by Francis D Schmitz re 123 Notice of Appeal (cc: allcounsel) (Russell, Joseph)

04/22/2014 125 NOTICE of Appearance by Timothy M Barber on behalf of Dean Nickel.Attorney(s) appearing: Timothy M. Barber (Barber, Timothy)




04/22/2014 129 ORDER signed by Judge Rudolph T. Randa on 4/22/2014. Plaintiffs'response to motion to stay due 4/25/2014; Milwaukee Defendants' reply due4/29/2014. Preliminary Injunction Hearing re−set for 5/7/2014 at 9:00 AM(Central Time) in Courtroom 320, 517 E. Wisconsin Ave., Milwaukee, WIbefore Judge Rudolph T. Randa. (cc: all counsel)(cb)

04/22/2014 130 MOTION to Amend/Correct April 8, 2014 Order, Dckt. 83 by Dean Nickel.(Barber, Timothy)

04/22/2014 131 BRIEF in Support filed by Dean Nickel re 130 MOTION to Amend/CorrectApril 8, 2014 Order, Dckt. 83 . (Barber, Timothy)

04/22/2014 132 ORDER signed by Judge Rudolph T. Randa on 4/22/2014 GRANTING 101Motion to Seal Defendant Nickel's Supplemental Response to Plaintiff'sMotion for Preliminary Injunction and supporting declarations. (cc: allcounsel) (cb)









































04/22/2014 133 NOTICE of Appearance by Lisa C Paul on behalf of Bruce J Landgraf.Attorney(s) appearing: Lisa C. Paul (Paul, Lisa)

04/22/2014 134 NOTICE OF APPEAL as to 83 Order, Terminate Motions,, by Dean Nickel.Filing Fee PAID $505, receipt number 0757−1876629 (cc: all counsel)(Fiedler, Patrick)

04/22/2014 135 Docketing Statement by Dean Nickel re 134 Notice of Appeal (cc: allcounsel) (Fiedler, Patrick)

04/22/2014 136 Civil L.R. 7(h) Expedited Non−Dispositive Joint MOTION for OrderPretrial Conference by All Defendants. (Russell, Joseph) Modified text on4/23/2014 (blr).

04/22/2014 138 ORDER signed by Judge Rudolph T. Randa on 4/22/2014 GRANTING 106Motion to Seal Documents. Clerk of Court ordered to file and maintain underseal Defendants' Supplemental Response brief [109−1], Samuel Leib'sDeclaration in Support and exhibits [110−21 thru 110−42], Larry Nelson'sDeclaration in Support and Exhibit A [112−2, 112−3], Ismael Ozanne'sDeclaration in Support and Exhibit A [113−2, 113−3]. (cc: all counsel) (cb)(Entered: 04/23/2014)

04/22/2014 139 ORDER signed by Judge Rudolph T. Randa on 4/22/2014 GRANTING 107Motion for Leave to File Materials Under Seal. Clerk of Court ordered to fileand maintain under seal Francis Schmitz's Supplemental Response to Motion[114−1], Francis Schmitz's Declaration in Support and attachments [117−6thru 117−11]. (cc: all counsel) (cb) (Entered: 04/23/2014)

04/22/2014 140 ORDER signed by Judge Rudolph T. Randa on 4/22/2014 GRANTING 120Motion for Leave to File Oversized Memorandum/Motion to Seal Document.Clerk of Court ordered to file and maintain under seal Plaintiffs'Supplemental Response in Support of Motion and exhibits thereto [120−5thru 120−7]. (cc: all counsel) (cb) (Entered: 04/23/2014)

04/22/2014 148 Redacted SUPPLEMENTAL RESPONSE to Motion filed by All Plaintiffs re4 MOTION for Preliminary Injunction . (Attachments: # 1 Redacted ExhibitH, # 2 Redacted Exhibit I)(blr) (Additional attachment(s) added on4/23/2014: # 3 SEALED Supplemental Response, # 4 SEALED Exhibit H, #5 SEALED Exhibit I) (blr). (Entered: 04/23/2014)

04/23/2014 137 USCA Case Number 14−1888 re: 123 Notice of Appeal filed by Francis DSchmitz. (jv)

04/23/2014 141 ORDER signed by Judge Rudolph T. Randa on 4/23/2014 DENYING 136Motion for Pretrial Conference. The 5/7/2014 preliminary injunction hearingis REMOVED from the Court's calendar; the expedited briefing schedule onthe Motion to stay 96 remains in effect. (cc: all counsel) (cb)




































04/23/2014 145 MOTION to Seal File Materials Under Seal by State Farm Fire and CasualtyCompany. (Malloy, Mark)

04/23/2014 146 Amended MOTION to Bifurcate , MOTION to Intervene , MOTION to Stayby State Farm Fire and Casualty Company. (Malloy, Mark)

04/23/2014 147 BRIEF in Support filed by State Farm Fire and Casualty Company re 146Amended MOTION to Bifurcate MOTION to Intervene MOTION to Stay .(Attachments: # 1 Declaration of Mark D. Malloy, # 2 Exhibit A toDeclaration of Mark D. Malloy − Proposed Intervenor Complaint, # 3Exhibit − Exhibit A to Proposed Intervenor Complaint, # 4 Exhibit − ExhibitB to Proposed Intervenor Complaint, # 5 Exhibit − Exhibit C to ProposedIntervenor Complaint)(Malloy, Mark) Modified text on 4/23/2014 (blr)(Additional attachment(s) added on 4/28/2014: # 6 SEALED Declaration ofMark D. Malloy, # 7 SEALED Exh A to Decl. of Mark D. Malloy, # 8SEALED Exh A to Intervenor Complaint, # 9 SEALED Exh B to IntervenorComplaint, # 10 SEALED Exh C to Intervenor Complaint) (mlm).

04/23/2014 NOTICE of Electronic Filing Error re 131 Brief in Support of Motion filedby Dean Nickel, 130 MOTION to Amend/Correct April 8, 2014 Order, Dckt.83 filed by Dean Nickel; All documents should contain the s/signature of theattorney who files the document. These documents do not need to bere−filed. Please refer to the policies and procedures for electronic case filingand the user manual found at www.wied.uscourts.gov. (blr)

04/23/2014 NOTICE of Electronic Filing Error re 147 Brief in Support of Motion, filedby State Farm Fire and Casualty Company ; The proposed intervenorcomplaint and exhibits should have been filed as attachments to the motion,not the brief in support. These documents do not need to be re−filed. Pleaserefer to the policies and procedures for electronic case filing and the usermanual found at www.wied.uscourts.gov. (blr)

04/24/2014 149 USCA Case Number 14−1899 re: 134 Notice of Appeal filed by DeanNickel. (jv)

04/24/2014 150 MOTION to Join Motion to Stay by Francis D Schmitz. (Attachments: # 1Text of Proposed Order)(Russell, Joseph)

04/24/2014 151 MOTION to Seal Plaintiffs' Opposition to Defendant Schmitz's Motion forProtective Order by All Plaintiffs. (Rivkin, David)

04/24/2014 152 Redacted RESPONSE to Motion filed by All Plaintiffs re 119 MOTION forProtective Order . (Attachments: # 1 Redacted Exhibit A)(Rivkin, David)(Additional attachment(s) added on 4/25/2014: # 2 SEALED Response toMotion, # 3 SEALED Exhibit A) (mlm).

04/25/2014 153 MOTION to Join Motion to Stay by Dean Nickel. (Barber, Timothy)

04/25/2014 154 DESIGNATION of Record on Appeal by All Defendants re 92 Notice ofAppeal, 123 Notice of Appeal, 134 Notice of Appeal (Knott, Douglas)

04/25/2014 155 MOTION to Certify Appeals as Frivolous by All Plaintiffs. (Attachments: #1 Text of Proposed Order Certifying Appeals as Frivolous)(Rivkin, David)

04/25/2014 156 BRIEF in Support filed by All Plaintiffs re 155 MOTION to Certify Appealsas Frivolous and in Opposition to Defendants' Motion to Stay Pending






































Appeal. (Rivkin, David)

04/28/2014 NOTICE of Electronic Filing Error re 156 Brief in Support of Motion filedby Wisconsin Club for Growth Inc, Eric O'Keefe; Please file this document asecond time using the event Brief in Opposition to Motion. Please refer to thepolicies and procedures for electronic case filing and the user manual foundat www.wied.uscourts.gov. (blr)

04/28/2014 157 BRIEF in Opposition filed by All Plaintiffs re 96 MOTION to Stay PendingAppeal . (Rivkin, David) Modified on 4/28/2014 (blr). (Re−filing of 156 perclerk's instruction)

04/28/2014 TEXT ONLY ORDER signed by Judge Rudolph T. Randa on 4/28/2014GRANTING 151 Motion to Seal Response in Opposition to DefendantSchmitz's Motion for Protective Order and Exhibit A thereto [152−2, 152−3].(cc: all counsel) (cb)

04/28/2014 TEXT ONLY ORDER signed by Judge Rudolph T. Randa on 4/28/2014GRANTING 145 Motion to Seal. Clerk of Court ordered to file and maintainunder seal Declaration of Mark Malloy and attachments thereto [147−6 thru147−10]. (cc: all counsel) (cb) (Entered: 04/29/2014)

04/29/2014 158 REPLY BRIEF in Support filed by John T Chisholm, Bruce J Landgraf,David Robles re 96 MOTION to Stay Pending Appeal . (Leib, Samuel)

04/29/2014 159 MOTION to Seal Answer and Affirmative Defenses of Defendant DeanNickel, MOTION to Seal Document by Dean Nickel. (Attachments: # 1 Textof Proposed Order)(Fiedler, Patrick) Modified on 4/30/2014 (blr).

04/29/2014 160 Redacted ANSWER to 1 Complaint and Affirmative Defenses by DeanNickel. (Fiedler, Patrick) (Additional attachment(s) added on 4/29/2014: # 1SEALED Answer by Dean Nickel) (mlm).

04/29/2014 161 Notice of JOINDER by Dean Nickel re 158 Reply Brief in Support ofMotion . (Barber, Timothy)

04/29/2014 162 MOTION to Seal for Leave to File Answer to Plaintiffs' Complaint, Motionsto Strike, and Affirmative Defenses by John T Chisholm, Bruce J Landgraf,David Robles. (Attachments: # 1 Text of Proposed Order, # 2 RedactedAnswer to Complaint, Motions to Strike and Affirmative Defenses)(Knott,Douglas) (Additional attachment(s) added on 4/30/2014: # 3 SEALEDAnswer to Complaint) (mlm). Modified motion type on 4/30/2014 (blr).

04/29/2014 163 MOTION for Leave to File Document Under Seal by Francis D Schmitz.(Attachments: # 1 Text of Proposed Order)(Russell, Joseph)

04/29/2014 164 Redacted ANSWER to 1 Complaint and Affirmative Defenses by Francis DSchmitz.(Russell, Joseph) (Additional attachment(s) added on 4/29/2014: # 1SEALED Answer by Francis D. Schmitz) (mlm).

04/29/2014 165 MOTION for Leave to File Reply in Support of Motion to Stay by Francis DSchmitz. (Attachments: # 1 Reply in Support of Motion to Stay, # 2 Text ofProposed Order)(Russell, Joseph)

04/30/2014 166 REPLY BRIEF in Support filed by All Plaintiffs re 155 MOTION to CertifyAppeals as Frivolous . (Rivkin, David)































04/30/2014 NOTICE of Electronic Filing Error re 162 MOTION for Leave to FileAnswer to Plaintiffs' Complaint, Motions to Strike, and Affirmative Defensesfiled by David Robles, Bruce J Landgraf, John T Chisholm; This documentshould have been filed as a Motion to Seal, not as a Motion for Leave to File.As a result, please electronically file the redacted version of the answer.The motion has been corrected to reflect it is a Motion to Seal. Please refer tothe policies and procedures for electronic case filing and the user manualfound at www.wied.uscourts.gov. (blr)

04/30/2014 167 Redacted ANSWER to 1 Complaint,, with Jury Demand Motions to Strikeand Affirmative Defenses by John T Chisholm, Bruce J Landgraf, DavidRobles.(Knott, Douglas) (Additional attachment(s) added on 4/30/2014: # 1SEALED Answer) (blr).

04/30/2014 168 ORDER signed by Judge Rudolph T. Randa on 4/30/2014 GRANTING 162Motion to Seal. Clerk of Court ordered to file and maintain under sealDefendants' Answer to Complaint, Motions to Strike, and AffirmativeDefenses [162−3]. (cc: all counsel) (cb)

04/30/2014 169 ORDER signed by Judge Rudolph T. Randa on 4/30/2014 GRANTING 163Motion for Leave to File Materials Under Seal. Clerk of Court ordered to fileand maintain under seal Answer of defendant Francis Schmitz [164−1]. (cc:all counsel) (cb)

04/30/2014 170 ORDER signed by Judge Rudolph T. Randa on 4/30/2014 GRANTING 159Motion to Seal. Clerk of Court ordered to file and maintain under sealDefendant Dean Nickel's Answer and Affirmative Defenses [160−1]. (cc: allcounsel) (cb)

05/01/2014 171 ORDER signed by Judge Rudolph T. Randa on 5/1/2014. DefendantSchmitz's 150 MOTION to Join Motion to Stay and 165 MOTION for Leaveto File Reply in Support of Motion to Stay GRANTED; 153 DefendantNickel's MOTION to Join Motion to Stay GRANTED; 96 Defendants'MOTION to Stay Pending Appeal DENIED. Parties to await further orderfrom the Court regarding injunction motion. (cc: all counsel)(cb)

05/01/2014 172 MOTION to Intervene and to Unseal by Reporters Committee for Freedomof the Press, American Society of News Editors, Wisconsin BroadcastersAssociation, Wisconsin Freedom of Information Council and WisconsinNewspaper Association. (Stratton, Michelle). Added MOTION to Unseal on5/2/2014 (blr). Modified filers on 5/2/2014 (blr).

05/01/2014 173 BRIEF in Support filed by Reporters Committee for Freedom of the Press,American Society of News Editors, Wisconsin Broadcasters Association,Wisconsin Freedom of Information Council and Wisconsin NewspaperAssociation re 172 MOTION to Intervene and to Unseal . (Stratton,Michelle) Modified filers on 5/2/2014 (blr).

05/01/2014 174 REPLY BRIEF in Support filed by Francis D Schmitz re 96 MOTION toStay Pending Appeal. (blr) (Entered: 05/02/2014)

05/02/2014 NOTICE of Electronic Filing Error re 172 MOTION to Intervene and toUnseal filed by Reporters Committee for Freedom of the Press, 173 Brief inSupport of Motion filed by Reporters Committee for Freedom of the Press;All documents should contain the s/signature of the attorney who files the
























document. Also, when filing motions which contain multiple parts the filershould select all applicable parts from the motion event list (Motion toIntervene and Motion to Unseal). These documents do not need to bere−filed. Please refer to the policies and procedures for electronic case filingand the user manual found at www.wied.uscourts.gov. (blr)

05/02/2014 175 MOTION for Leave to File Document Under Seal by Francis D Schmitz.(Attachments: # 1 Text of Proposed Order)(Russell, Joseph)

05/02/2014 176 Redacted REPLY BRIEF in Support filed by Francis D Schmitz re 119MOTION for Protective Order . (Russell, Joseph) Modified on 5/2/2014(mlm). (Additional attachment(s) added on 5/2/2014: # 1 SEALED ReplyBrief in Support by Francis D. Schmitz) (mlm).

05/02/2014 177 BRIEF in Opposition filed by Dean Nickel re 155 MOTION to CertifyAppeals as Frivolous . (Barber, Timothy)

05/06/2014 178 Rule 7(h) Expedited Non−Dispositive MOTION To Certify Appeal asFrivolous by All Plaintiffs. (Rivkin, David)

05/06/2014 179 BRIEF in Opposition filed by John T Chisholm, Bruce J Landgraf, DavidRobles re 178 Rule 7(h) Expedited Non−Dispositive MOTION To CertifyAppeal as Frivolous . (Leib, Samuel)

05/06/2014 180 RESPONSE to Motion filed by Francis D Schmitz re 178 Rule 7(h)Expedited Non−Dispositive MOTION To Certify Appeal as Frivolous .(Russell, Joseph)

05/06/2014 181 ORDER signed by Judge Rudolph T. Randa on 5/6/2014 GRANTING 4Motion for Preliminary Injunction. Defendants Chisholm, Landgraf, Robles,Nickel, and Schmitz to cease all activities related to John Doe investigation,return all property seized in investigation from any individual ororganization, and permanently destroy all copies of information and othermaterials obtained through investigation. Plaintiffs and others relieved of anyand every duty under Wisconsin law to cooperate further with defendants'investigation. Any attempt to obtain compliance by any defendant or JohnDoe Judge Gregory Peterson is grounds for contempt finding by this Court.(cc: all counsel) (cb) (Main Document 181 replaced on 5/7/2014; Correctionmade to page 19 of Order) (blr). (Additional attachment(s) added on5/7/2014: # 1 Incorrect Order) (blr).

05/07/2014 182 NOTICE OF APPEAL as to 181 Order on Motion for PreliminaryInjunction,, by John T Chisholm, Bruce J Landgraf, David Robles. Filing FeePAID $505, receipt number 0757−1885339 (cc: all counsel) (Leib, Samuel)

05/07/2014 183 Docketing Statement by John T Chisholm, Bruce J Landgraf, David Roblesre 182 Notice of Appeal (cc: all counsel) (Leib, Samuel)

05/07/2014 184 7th Circuit Information Sheet re: 182 Notice of Appeal (lmt)

05/07/2014 185 Transmission of Notice of Appeal and Docket Sheet to US Court of Appealsre 182 Notice of Appeal (lmt)

05/07/2014 186 Attorney Cover Letter re: 182 Notice of Appeal (Attachments: # 1 DocketSheet)(lmt)




























05/07/2014 187 NOTICE OF APPEAL by Francis D Schmitz. Filing Fee PAID $505, receiptnumber 0757−1885713 (cc: all counsel) (Russell, Joseph)

05/07/2014 188 Docketing Statement by Francis D Schmitz re 187 Notice of Appeal (cc: allcounsel) (Russell, Joseph)

05/07/2014 189 7th Circuit Information Sheet re: 187 Notice of Appeal (dlm)

05/07/2014 190 Attorney Cover Letter re: 187 Notice of Appeal (Attachments: # 1 docketsheet)(dlm)

05/07/2014 191 Transmission of Notice of Appeal and Docket Sheet to US Court of Appealsre 187 Notice of Appeal (dlm)

05/07/2014 192 ORDER signed by Judge Rudolph T. Randa on 5/7/2014 GRANTING 172Motion to Intervene. Response by any party to Motion to Unseal due by5/14/2014; reply due by 5/21/2014. (cc: all counsel) (cb)

05/07/2014 193 USCA Case Number 14−2006 re: 182 Notice of Appeal filed by DavidRobles, Bruce J Landgraf, John T Chisholm. (dlm)

05/07/2014 194 USCA Case Number 14−2012 re: 187 Notice of Appeal filed by Francis DSchmitz. (dlm)

05/07/2014 195 DISREGARD; FILED IN INCORRECT COURT MOTION to Join Motionsto Stay by Dean Nickel (Barber, Timothy) Modified on 5/8/2014 (vkb)

05/07/2014 196 NOTICE OF APPEAL as to 181 Order on Motion for PreliminaryInjunction,,, by Dean Nickel. Filing Fee PAID $505, receipt number0757−1886156 (cc: all counsel) (Barber, Timothy)

05/07/2014 197 Docketing Statement by Dean Nickel re 196 Notice of Appeal (cc: allcounsel) (Barber, Timothy)

05/07/2014 198 LETTER from David B. Rivkin, Jr. regarding Seventh Circuit Stay Order.(Rivkin, David)

05/07/2014 199 RESPONSE to Motion filed by Francis D Schmitz re 155 MOTION toCertify Appeals as Frivolous . (Russell, Joseph)

05/07/2014 201 ORDER of USCA Re: 14−1822, 14−1888, 14−1899, 14−2006 and 14−2012staying injunction and all further proceedings in the district court until aruling is made regarding whether the appeal is frivolous; further ordered thatthe return−and−destroy portions of the injunction are stayed; further orderedthat defendants are not to disclose or use the information they have gatheredpending further order.(lmt) (Entered: 05/08/2014)

05/08/2014 200 ORDER signed by Judge Rudolph T. Randa on 5/8/2014 GRANTING 155Plaintiffs' Motion to Certify Defendants' Appeals as Frivolous. Plaintiffs'Motion for Preliminary Injunction 4 is again GRANTED; the reasoning inthe Court's 5/6/2014 Decison and Order 181 is incorporated by reference. (cc:all counsel)(cb)

05/08/2014 202 7th Circuit Information Sheet re: 196 Notice of Appeal (lmt)

05/08/2014 203 Transmission of Notice of Appeal and Docket Sheet to US Court of Appealsre 196 Notice of Appeal (lmt)



































05/08/2014 204 Attorney Cover Letter re: 196 Notice of Appeal (Attachments: # 1 DocketSheet)(lmt)

05/08/2014 205 USCA Case Number 14−2023 re: 196 Notice of Appeal filed by DeanNickel. (dmm)

05/09/2014 206 RESPONSE to Motion filed by All Plaintiffs re 94 MOTION for Certificateof Appealability. (Rivkin, David)

05/14/2014 207 Redacted DISCLOSURE Statement by Unnamed Intervenor No. 1. (Strang,Dean) (Additional attachment(s) added on 5/14/2014: # 1 SEALEDDisclosure Statement) (blr).

05/14/2014 208 Redacted DISCLOSURE Statement by Unnamed Intervenor No. 2. (Strang,Dean) (Additional attachment(s) added on 5/14/2014: # 1 SEALEDDisclosure Statement) (blr).

05/14/2014 209 MOTION to Seal Disclosure Statements and Pleadings and ProceedPseudonymously by Unnamed Intervenor No. 1, Unnamed Intervenor No. 2.(Strang, Dean)

05/14/2014 210 RESPONSE to Motion filed by Dean Nickel re 172 MOTION to Interveneand to Unseal MOTION to Unseal . (Fiedler, Patrick)

05/14/2014 211 MOTION to Withdraw 119 Motion for Protective Order and Response to172 Intervenors' Motion to Unseal by Francis D Schmitz. (Russell, Joseph)Added links on 5/15/2014 (blr).

05/14/2014 212 SEALED Joint MOTION to Intervene and Maintain Sealing by UnnamedIntervenor No. 1, Unnamed Intervenor No. 2. (blr) See 219 for redactedversion. Modified on 5/15/2014 (blr).

05/14/2014 213 SEALED Brief in Support of 212 Sealed MOTION to Intervene andMaintain Sealing filed by Unnamed Intervenor No. 1, Unnamed IntervenorNo. 2. (blr) See 220 for redacted version. Modified on 5/15/2014 (blr).

05/14/2014 214 RESPONSE to Motion filed by Gregory Peterson re 172 MOTION toIntervene and to Unseal MOTION to Unseal . (Rice, David)

05/14/2014 215 CERTIFICATE OF SERVICE by Unnamed Intervenor No 1, UnnamedIntervenor No 2 Re: Sealed and Public Filings (Strang, Dean)

05/14/2014 216 RESPONSE to Motion filed by John T Chisholm, Bruce J Landgraf, DavidRobles re 172 MOTION to Intervene and to Unseal MOTION to Unseal .(Leib, Samuel)

05/14/2014 217 MOTION to File Materials Under Seal by All Plaintiffs. (Rivkin, David)

05/14/2014 218 RESPONSE to Motion filed by All Plaintiffs re 172 MOTION to Interveneand to Unseal MOTION to Unseal . (Attachments: # 1 Text of ProposedOrder, # 2 Exhibit Attachment A − Table of Sealed Documents)(Rivkin,David) (Additional attachment(s) added on 5/15/2014: # 3 SEALEDProposed Redacted Attachment B, # 4 SEALED Proposed RedactedAttachment C, # 5 SEALED Proposed Redacted Attachment D, # 6 SEALEDProposed Redacted Attachment E, # 7 SEALED Proposed RedactedAttachment F) (blr).







































05/14/2014 219 Redacted Joint MOTION to Intervene and Maintain Sealing (Redacted) byUnnamed Intervenor No 1, Unnamed Intervenor No 2. (Strang, Dean) See212 for sealed version. Modified on 5/15/2014 (blr).

05/14/2014 220 Redacted BRIEF in Support filed by Unnamed Intervenor No 1, UnnamedIntervenor No 2 re 219 Joint MOTION to Intervene and Maintain Sealing(Redacted) . (Strang, Dean) See 213 for sealed version. Modified on5/15/2014 (blr).

05/15/2014 221 RESPONSE filed by John T Chisholm, Bruce J Landgraf, David Robles re218 Response to Motion,, to Unseal (Leib, Samuel)

05/16/2014 222 OBJECTIONS by Dean Nickel to Plaintiffs' Proposed Order Granting inpart Intervenors' Motion to Unseal. (Fiedler, Patrick)

05/19/2014 223 RESPONSE to Motion filed by All Plaintiffs re 146 Amended MOTION toBifurcate MOTION to Intervene MOTION to Stay . (Rivkin, David)

05/21/2014 224 REPLY BRIEF in Support filed by American Society of News Editors,Reporters Committee for Freedom of the Press, Wisconsin BroadcastersAssociation, Wisconsin Freedom of Information Council, WisconsinNewspaper Association re 172 MOTION to Intervene and to UnsealMOTION to Unseal . (Boutrous, Theodore)

05/22/2014 226 ORDER signed by Judge Rudolph T. Randa on 5/22/2014. Any partywishing to respond to 212 Unnamed Intervenors' Joint Motion to Interveneand Maintain Sealing must file response by 5/30/2014; a reply brief theretomay be filed by 6/6/2014. (cc: all counsel)(cb) (Entered: 05/23/2014)

05/23/2014 225 RESPONSE filed by All Plaintiffs re 167 Answer to Complaint, Motions toStrike (Rivkin, David)

05/28/2014 227 Civil L.R. 7(h) Expedited MOTION to Clarify Order Granting PreliminaryInjunction by Francis D Schmitz. (Attachments: # 1 Exhibit A, # 2 Exhibit B,# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Russell, Joseph)

05/29/2014 228 RESPONSE to Motion filed by All Plaintiffs re 227 Civil L.R. 7(h)Expedited MOTION to Clarify Order Granting Preliminary Injunction .(Rivkin, David)

05/30/2014 229 ORDER signed by Judge Rudolph T. Randa on 5/30/2014 GRANTING INPART and DENYING IN PART 227 Motion to clarify. (cc: all counsel) (cb)

05/30/2014 230 RESPONSE to Motion filed by John T Chisholm, Bruce J Landgraf, DavidRobles re 212 SEALED MOTION . (Knott, Douglas)

06/05/2014 231 NOTICE by Francis D Schmitz Notice of Compliance (Russell, Joseph)

06/06/2014 232 Redacted REPLY BRIEF in Support filed by Unnamed Intervenor No 1,Unnamed Intervenor No 2 re 219 Joint MOTION to Intervene and MaintainSealing (Redacted), 212 SEALED MOTION to Intervene and MaintainSealing. (Attachments: # 1 Exhibit A)(Strang, Dean) (Additionalattachment(s) added on 6/6/2014: # 2 SEALED Joint Reply)

06/06/2014 233 Joint MOTION to Seal Document re Reply Brief on Motion to Intervene andMaintain Sealing by Unnamed Intervenor No 1, Unnamed Intervenor No 2.(Strang, Dean)






































06/06/2014 234 REPLY BRIEF in Support filed by State Farm Fire and Casualty Company re146 Amended MOTION to Bifurcate MOTION to Intervene MOTION toStay . (Malloy, Mark)

06/09/2014 235 ORDER of USCA re 92 Notice of Appeal filed by David Robles, Bruce JLandgraf, John T Chisholm, 196 Notice of Appeal filed by Dean Nickel, 187Notice of Appeal filed by Francis D Schmitz, 123 Notice of Appeal filed byFrancis D Schmitz, 182 Notice of Appeal filed by David Robles, Bruce JLandgraf, John T Chisholm, 134 Notice of Appeal filed by Dean Nickel. (jv)

06/09/2014 236 MOTION for Leave to File Materials Under Seal by John T Chisholm,Bruce J Landgraf, David Robles. (Attachments: # 1 Text of Proposed Orderon Defendants Motion for Leave to File Materials Under Seal)(Knott,Douglas)

06/09/2014 237 LETTER from Douglas S. Knott . (Attachments: # 1 Text of Proposed OrderGranting in Part Intervenors' Motion to Unseal, # 2 Redacted Attachment 1, #3 Redacted Attachment 2, # 4 Redacted Attachment 3, # 5 RedactedAttachment 4, # 6 Redacted Attachment 5, # 7 Redacted Attachment 6, # 8Redacted Attachment 7, # 9 Redacted Attachment 8, # 10 RedactedAttachment 9)(Knott, Douglas) (Additional attachment(s) added on6/12/2014: # 11 SEALED Attachment 1, # 12 SEALED Attachment 2, # 13SEALED Attachment 3 (Part 1), # 14 SEALED Attachment 3 (Part 2), # 15SEALED Attachment 4, # 16 SEALED Attachment 5, # 17 SEALEDAttachment 6, # 18 SEALED Attachment 7, # 19 SEALED Attachment 8, #20 SEALED Attachment 9) (blr).

06/09/2014 238 MOTION to File First Amended Complaint by All Plaintiffs. (Attachments: #1 SEALED First Amended Complaint)(Rivkin, David) Modified on6/10/2014 (kmf). (Additional attachment(s) added on 6/10/2014: # 2Redacted First Amended Complaint) (blr). (Additional attachment(s) addedon 6/11/2014: # 3 SEALED Exhibit A, # 4 SEALED Exhibit B, # 5 SEALEDExhibit C, # 6 SEALED Exhibit D, # 7 SEALED Exhibit E, # 8 SEALEDExhibit F) (blr).

06/10/2014 239 MOTION to File Redacted First Amended Complaint by All Plaintiffs.(Rivkin, David)

06/18/2014 240 RE−FILED; SEE 241 LETTER from Dean A. Strang &Michael J. Bresnickre June 16, 2014 Order in Seventh Circuit. (Strang, Dean) Modified on6/18/2014 (blr).

06/18/2014 241 LETTER from Dean A. Strang &Michael J. Bresnick re June 16, 2014 Orderin Seventh Circuit. (Attachments: # 1 USCA order)(Strang, Dean)

06/18/2014 242 LETTER from Douglas S. Knott Responding to Dean A. Strang's Letter.(Knott, Douglas)

06/19/2014 243 ORDER signed by Judge Rudolph T. Randa on 6/19/2014. DefendantSchmitz's motion to withdraw his motion for a protective order 211GRANTED such that his motion for a protective order 119 is DENIED asmoot. Defendant Schmitz's motion for leave to file document under seal 175GRANTED. Unnamed Intervenors' motions to seal disclosure statements andpleadings, to proceed pseudonymously, to intervene, and to seal their replybrief 209 212 219 233 GRANTED. Intervenor Coalition's motion to unseal

























































172 DENIED. Unnamed Intervenors' motion to maintain sealing 212 219GRANTED with respect to the following documents: [53−35], ExhibitJ;[110−22], Exhibit A;[110−24], Exhibit C;[110−25], Exhibit D;[110−27],Exhibit F;[117−8], Exhibit B;[117−9], Exhibit C;[117−10], Exhibit D.Plaintiff's motions to file materials under seal 217 239 GRANTED.Milwaukee Defendants' motion for leave to file materials under seal 236DENIED. Within 14 days of the date of this Order Plaintiffs, Defendants, andUnnamed Intervenors directed to file joint report regarding the extent towhich the balance of the record in this case should be unsealed. (cc: allcounsel)(cb)

06/26/2014 244 Joint MOTION for Relief and Notice by Unnamed Intervenor No 1,Unnamed Intervenor No 2. (Attachments: # 1 Certificate of Service)(Strang,Dean)

06/30/2014 245 RESPONSE to Motion filed by All Defendants re 238 MOTION to File FirstAmended Complaint, 239 MOTION to File Redacted First AmendedComplaint . (Russell, Joseph)

07/01/2014 246 Joint MOTION to Enlarge Time by plaintiffs, defendants, and UnnamedIntervenors by Unnamed Intervenor No 1, Unnamed Intervenor No 2.(Attachments: # 1 Certificate of Service)(Strang, Dean)

07/02/2014 TEXT ONLY ORDER signed by Judge Rudolph T. Randa on 7/2/2014GRANTING 246 Joint Motion for Enlargement of Time. Joint reportregarding parties' positions on sealed record now due 7/17/2014. (cc: allcounsel) (cb)

07/02/2014 247 REPLY BRIEF in Support filed by All Plaintiffs re 238 MOTION to FileFirst Amended Complaint . (Rivkin, David)

07/10/2014 248 NOTICE by Francis D Schmitz of Supplemental Authority (Attachments: # 1Exhibit 7/2/14 Seventh Circuit Order)(Russell, Joseph)

07/16/2014 249 Joint MOTION to Enlarge Time by Plaintiffs, Defendants, and UnnamedIntervenors by All Plaintiffs. (Rivkin, David)

07/16/2014 TEXT ONLY ORDER signed by Judge Rudolph T. Randa on 7/16/2014GRANTING 249 Joint Motion to Enlarge Time. Joint report regardingparties' positions on sealed record now due 8/7/2014. (cc: all counsel) (cb)

07/17/2014 250 NOTICE OF APPEAL as to 243 Order, Terminate Motions,,,,,,,, byAmerican Society of News Editors, Reporters Committee for Freedom of thePress, Wisconsin Broadcasters Association, Wisconsin Freedom ofInformation Council, Wisconsin Newspaper Association. Filing Fee PAID$505, receipt number 0757−1926218 (cc: all counsel) (Boutrous, Theodore)

07/17/2014 251 Docketing Statement by American Society of News Editors, ReportersCommittee for Freedom of the Press, Wisconsin Broadcasters Association,Wisconsin Freedom of Information Council, Wisconsin NewspaperAssociation re 250 Notice of Appeal, (cc: all counsel) (Boutrous, Theodore)

07/17/2014 252 RESPONSE to Motion filed by All Defendants re 244 Joint MOTION forRelief and Notice . (Russell, Joseph)

07/18/2014 253 7th Circuit Information Sheet re: 250 Notice of Appeal, (jv)






























07/18/2014 254 Attorney Cover Letter re: 250 Notice of Appeal, (Attachments: # 1 DocketSheet)(jv)

07/18/2014 255 Transmission of Notice of Appeal and Docket Sheet to US Court of Appealsre 250 Notice of Appeal, (jv)

07/18/2014 256 RESPONSE to Motion filed by All Plaintiffs re 244 Joint MOTION forRelief and Notice . (Rivkin, David)

07/18/2014 257 USCA Case Number 14−2585 re: 250 Notice of Appeal, filed by WisconsinFreedom of Information Council, American Society of News Editors,Reporters Committee for Freedom of the Press, Wisconsin BroadcastersAssociation, Wisconsin Newspaper Association. (dlm)

07/24/2014 258 RESPONSE filed by All Plaintiffs re 248 Notice of Supplemental Authority(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivkin, David)

07/28/2014 259 ORDER signed by Judge Rudolph T. Randa on 7/28/2014 DENYING 238Plaintiffs' Motion to File Amended Complaint. (cc: all counsel) (cb)(Entered: 07/29/2014)

07/30/2014 260 Appeal Record Request received from 7th Cir. Re: USCA Case Number14−2585,14−1822,14−1888,14−1899,14−2006,14−2012 and 14−2023. (jv)


















Case 2:14-cv-00139-RTR Document 117 Filed 04/15/14 Page 1 of 7


EXHIBIT A

[REDACTED]

Case 2:14-cv-00139-RTR Document 117-1 Filed 04/15/14 Page 1 of 1


EXHIBIT B

[REDACTED]



EXHIBIT C

[REDACTED]



EXHIBIT D

[REDACTED]



EXHIBIT E

[REDACTED]



IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF WISCONSIN

MILWAUKEE DIVISION

ERIC O'KEEFE, and

WISCONSIN CLUB FOR GRO'WTH, INC.,

Plaintiffs,

Case No. 2:14-cv-001 39-RTRV

FRANCIS SCHMITZ, in his offrcial andpersonal capacities,

JOHN CHISHOLM, in his official andpersonal capacities,

BRUCE LANDGRAF, in his offrcial andpersonal capacities,

DAVID ROBLES, in his official andpersonal capacities,

DEAN NICKEL, in his official andpersonal capacities,

GREGORY PETERSON, in his offrcialcapacity,

Defendant.

DECLARATION OF FRANCIS SCHMITZ

Pursuant to 28 U.S.C. 5 1746,I, FRANCIS D. SCHMITZ,hereby declare:

1. I am an attorney licensed in the State of V/isconsin.

2. I am a Defendant in the above-captioned lawsuit.

3. I make the following declaration based upon my personal knowledge.

4. From May 1984 to March 2013,I was employed by the United States Department

of Justice (the "DOJ") as an Assistant United States Attorney.

5. On March 31,2013,I retired from the DOJ and became a private practitioner in

the State of Wisconsin, working at the Law Offrces of Francis D. Schmitz LLC, W240N1221

Pewaukee Rd., Ste. E,'Waukesha, V/I 53188-1659.

Case 2:14-cv-00139-RTR Document 117-6 *SEALED* Filed 04/15/14 Page 1 of 7


6. In late July 2013,I was contacted by a senior staff member of the V/isconsin

Government Accountability Board ("GAB") and asked if I might be interested in working on the

John Doe proceedings, subject of the above-captioned lawsuit, and serving as a special

prosecutor. After further discussions with the GAB and others, I accepted the offer.

7. On August 17,2013,I was appointed as a special investigator for the GAB upon

the execution of a Wisconsin Government Accountability Board Agreement for Special

Investigator 2013-2014 ("Agreement"). Pursuant to the Agreement, I was to investigate matters

referred to me by the GAB for appropriate action for determination of whether violations of

Wisconsin's state campaign finance statutes ("Chapter 11") or other laws administered by the

GAB have occurred. The GAB thereafter directed me to investigate the conduct of various

persons and, organizations, with regard to coordination of their political advocacy, including

expenditures, with political candidates, their agents and their personal campaign committees.

8. I was appointed by Order of Reserve Judge Barbara A. Kluka on August 23,

2013, pursuant to Wisconsin Statute $ 978.045, to be the special prosecutor for five separate

John Doe proceedings in Columbia County, Dane County, Dodge County, Iowa County and

Milwaukee County (the "John Doe Proceedings"). I have been advised by counsel that this

Order was previously filed, under seal, as "Exhibit S" in support of Defendants Chisholm,

Landgraf, and Robles' Memorandum of Law in Support of Motion to Dismiss.

9. I use an office at the GAB in Madison, Vy'isconsin, to help me fulfill my duties as

the special prosecutor. I also have use of a desk in the Milwaukee County District Attorney's

Office. As we needed to have a number for various counsel to call me after we issued

subpoenas, I chose the telephone at that desk and programmed it to have calls forwarded to my

cell phone.

a-z--Case 2:14-cv-00139-RTR Document 117-6 *SEALED* Filed 04/15/14 Page 2 of 7


10. I am not a current member of a political party. I do not currently maintain an

affrliation with any political organization.

1 1. There was a period of time several years ago that I formally joined the Republican

Party. I took this action in connection with seeking the Presidential appointment as the United

States Attorney for the Eastern District of 'Wisconsin after the2002 Presidential election.

12. I voted for Governor Scott Walker in Wisconsin's 2012 gubernatorial recall

election. I did not vote in any of the other recall elections in2}Il and20l2.

13. During the recall campaign, while I was employed by DOJ, I was involved in

assisting law enforcement to investigate potential threats against Governor Scott V/alker.

14. Passage of 2011 'Wisconsin Act 10, also known as the V/isconsin Budget Repair

Bill, did not affect my employee rights or benefits because I was a federal employee, not a state

employee. I generally supported the Governor's efforts to balance the State budget.

15. Prior to my contractual relationship with the GAB (August 17, 2013) and my

appointment as special prosecutor (August 23, 2013),I did not have any involvement with, or

knowledge of, Eric O'Keefe or the Wisconsin Club for Growth or the other conservative groups

Plaintiffs allege are being retaliated against.. That also holds true for most of the other groups

which were subpoenaed, some of which I had heard of previously. I believe I had some

interaction with the Metropolitan Milwaukee Chamber of Commerce in connection with my

duties as a federal prosecutor.

16. Prior to being contacted by the GAB in late July 2013, as discussed in paragraph 6

of this declaration, I did not have any involvement with any John Doe Proceedings and did not

speak to any of the other Defendants in the above-captioned lawsuit regarding any John Doe

Proceedings.

-3 -Case 2:14-cv-00139-RTR Document 117-6 *SEALED* Filed 04/15/14 Page 3 of 7


17. I have not been aware at any time of any retaliatory motive that underlies the

commencement and continuation of any John Doe proceedings.

18. Nothing I have observed, heard or read since becoming involved in this

investigation would allow me to conclude that this investigation was motivated or based upon

anything but reliable information which provides a basis to conclude that violations of Wisconsin

laws may have occurred. I would never be part of an investigation that was conducted for a

retaliatory pu{pose as such an investigation would be improper and unethical.

19. I do not harbor any ill will towards the Plaintiffs, or others whose conduct or

actions are being investigated, for their political views or for the political positions they have

taken.

20. In my role as a special prosecutor, while I have sought input and counsel from

others involved in the investigation, I have made the final decisions on what actions to take and

the content of pleadings and other filings.

2I. On February 24,2014, Judge Gregory Peterson entered an Order in the John Doe

Proceedings that prohibited me, and others involved in the investigation, from examining any

piece of evidence in my possession, whenever and however gathered in this investigation

regardless of source. I have complied with Judge Peterson's order. I have been advised by

counsel that this Order was previously filed, under seal, as "Exhibit I" in support of Defendants

Chisholm, Landgraf, and Robles' Memorandum of Law in Support of Motion to Dismiss.

22. On March 22,2014, Judge Gregory Peterson entered an Order for Qualified Use

and Dissemination of John Doe Materials (All Proceedings) which authorized me to use the

information, transcripts, documents and other materials ("John Doe Material") gathered in the

John Doe proceedings for purposes related to the defense of the above-captioned lawsuit.

-4-Case 2:14-cv-00139-RTR Document 117-6 *SEALED* Filed 04/15/14 Page 4 of 7


Attached hereto as Exhibit A is a true and correct copy of Judge Peterson's March 22,2014,

Order for Qualified Use and Dissemination of John Doe Materials (All Proceedings). IFILED

UNDER SEAL] Pursuant to this Order, I am only using the "John Doe Material" for purposes

related to the defense of the above-captioned lawsuit.

23. After the above-captioned lawsuit was filed, counsel for the GAB staff advised

me and my counsel that I am subject to Wisconsin Statute $ 5.05(5s) a"d $ 12.13(5) because I

have a contractual relationship with the GAB.

24. 'Wisconsin Statute $5.05(5s) specifically states that "Records obtained or prepared

by the board in connection with an investigation, including the full text of any complaint

received by the board, are not subject to the right of inspection and copying under s. 19.35

(l) . . .."

25. Wisconsin Statute $12.13(5) is titled "UNAUTHORIZED RELEASE OF

RECORDS OR INVESTIGATORY INFORMATION" and states the following: "Except as

specifically authorized by law and except as provided in par. (b), no investigator, prosecutot,

employee of an investigator or prosecutor, or member or employee of the board may disclose

information related to an investigation or prosecution under chs. 5 to 12, subch. III of ch. 13, or

subch. III of ch. 19 or any other law specified in s. 978.05 (1) or (2) or provide access to any

record ofthe investigator, prosecutor, or the board that is not subject to access under s. 5.05 (5s)

to any person other than an employee or agent of the prosecutor or investigator or a member,

employee, or agent of the board prior to presentation of the information or record in a court of

law." In addition, 'Wis. Stat. $12.60(1)(bm) provides criminal penalties for unauthorized release

of investigatory information: "Whoever violates s. 12.13(5) may be fined not more than $10,000

or imprisoned for not more than 9 months or both."

5



26. Due to 'Wisconsin Statute $ 5.05(5Ð and $ 12.13(5), counsel for the GAB advised

me and my counsel, prior to March 12, 2014, that the GAB would not authorize the release of

any records related to the GAB or the John Doe Proceedings for use in the above-captioned

lawsuit. The GAB advised me and my counsel that I could only cite to and quote from materials

from the John Doe Proceedings that had been frled in the above-captioned lawsuit by the

Plaintiffs.

27. Since March 12,2014, counsel for the GAB has advised me and my counsel that I

am not authorized to attach or file the Wisconsin Government Accountability Board Agreement

for Special Investigator 2013-2014 ("Agreement"), discussed in paragraph 7 of this declaration,

in the above-captioned lawsuit. They have authorized the in camera review of the Agreement by

the Court, if my contractual relationship with the GAB is challenged by the Plaintifß.

28. Since March 12,2014, counsel for the GAB has clarified that I can also cite to

and quote from materials from the John Doe Proceedings that have been filed in the above-

captioned lawsuit by the other Defendants who are not subject to Vy'isconsin Statute $ 5.05(5s)

and $ 12.13(5). Counsel for the GAB has also authorized me to use the affidavits described in

paragraphs 29 -32 of this declaration.

29. Attached hereto as Exhibit B is a true and correct copy of Robert Stelter's August

10, 2012, Affrdavit in Support of Petition for Commencement of a John Doe Proceeding.

IFILED UNDER SEAL]

30. Attached hereto as Exhibit C is a true and correct copy of Robert Stelter's

December I0, 2012, Affidavit in Support of a Request for Search Warrants and Subpoenas.

IFILED UNDER SEAL]

-6-Case 2:14-cv-00139-RTR Document 117-6 *SEALED* Filed 04/15/14 Page 6 of 7


31. Attached hereto as Exhibit D is a true and correct copy of Dean Nickel's

September 28,2013, Affidavit in Support of a Request for Search W'arrants. IFILED UNDER

SEAL]

32. Attached hereto as Exhibit E is a true and correct copy of Robert Stelter's

September 30,2}l3,Affidavit in Support of a Request for Subpoenas. IFILED UNDER SEAL]

I declare under penalty of perjury that the foregoing is true and correct.

o

Executed on April 15,201,4D. Schmitz

-7 -Case 2:14-cv-00139-RTR Document 117-6 *SEALED* Filed 04/15/14 Page 7 of 7


EXHIBIT A

