Case: Frank v. Walker

2:11-cv-01128 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Dec. 13, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 13, 2011, registered voters in Wisconsin filed this lawsuit in U.S. District Court for the Eastern District of Wisconsin under 42 U.S.C. § 1983 and the Voting Rights Act of 1965 (VRA). The plaintiffs sued the State of Wisconsin, the Wisconsin Government Accountability Board, and the Division of Motor Vehicles. The plaintiffs, represented by public interest and private counsel, claimed that the voter ID requirement implemented by 2011 Wisconsin Act 23 (Act 23) placed an undue burden…

On December 13, 2011, registered voters in Wisconsin filed this lawsuit in U.S. District Court for the Eastern District of Wisconsin under 42 U.S.C. § 1983 and the Voting Rights Act of 1965 (VRA). The plaintiffs sued the State of Wisconsin, the Wisconsin Government Accountability Board, and the Division of Motor Vehicles. The plaintiffs, represented by public interest and private counsel, claimed that the voter ID requirement implemented by 2011 Wisconsin Act 23 (Act 23) placed an undue burden on their right to vote, constituted a poll tax, and has a disproportionate impact on minority voters. The plaintiffs claimed that their fundamental right to vote under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment and the VRA had been violated. Specifically, they alleged that the voter ID requirement placed a substantial burden on the right to vote, particularly for black and Latino voters, by requiring photo ID that many voters do not have and cannot easily obtain. The plaintiffs sought both declaratory and injunctive relief.

The case was assigned to U.S. District Judge Lynn S. Adelman. A group of eleven plaintiffs immediately filed for a preliminary injunction, which was revised as a motion for all plaintiffs on April 23, 2012. The plaintiffs moved for class certification on the same day. The court did not rule on these issues.

Instead, the parties engaged in extensive discovery, which culminated in a trial in early November 2013.

In an April 29, 2014 decision, the district court held that the Voter ID requirement disproportionately and negatively impacted minority voters in violation of the Voting Rights Act (VRA) and was a violation of the Fourteenth Amendment. 17 F.Supp.3d 837. Judge Adelman ordered a permanent injunction against enforcement of the voter ID law. The defendants appealed to the U.S. Court of Appeals for the Seventh Circuit (docket number 14-2058). In a decision by Judge Frank H. Easterbrook on October 6, 2014, the Seventh Circuit reversed the district court on the grounds that the voter ID law did not violate the VRA or the Equal Protection Clause. 768 F.3d 744. The plaintiffs petitioned for a writ of certiorari to the Supreme Court, which was denied. 135 S.Ct. 1551.

The plaintiffs then returned to district court to pursue constitutional claims that were not considered by Judge Adelman in his initial April 29, 2014 decision about this case. The plaintiffs claimed their rights were violated because certain forms of IDs were not accepted, and some voters would have to turn over out-of-state IDs to get an acceptable Wisconsin ID, which plaintiffs argue was essentially a poll tax. In an October 19, 2015 decision, the district court found that concerns about technical college IDs being unacceptable were unripe. 141 F.Supp. 3d 932. Additionally, allegations of a poll tax were found to be moot, and claims about veterans IDs being unacceptable were dismissed on the merits. The district court held that it could not address the request for relief for those voters “who lack photo ID and face systemic practical barriers to obtaining an ID” by issuing an injunction allowing individuals to sign an affidavit instead because this issue was before the court in 2014 and the Seventh Circuit decision reversed without remanding for further proceedings on this claim. 141 F.Supp. 3d 932. Following this decision, the Wisconsin legislature amended Act 23 to include veterans’ ID as acceptable forms of voter identification.

The plaintiffs appealed on the grounds that the district court did not properly reconsider their core argument: that voters face barriers to obtaining an acceptable ID and therefore are entitled to relief. In a decision made April 12, 2016, the Seventh Circuit confirmed that the district court could consider this argument and remanded for further proceedings. 819 F.3d 384.

On July 19, 2016, after further proceedings, Judge Adelman granted a preliminary injunction allowing voters without IDs to sign an affidavit in place of the ID requirement for the November 8, 2016 election. In this decision, he also certified the class of plaintiffs in this case, defining the class “as all eligible Wisconsin voters who cannot with reasonable effort obtain qualifying ID.” 196 F. Supp. 3d 893. Shortly after, the parties filed cross appeals to the Seventh Circuit (docket numbers 16-3003 and 16-3052) and the defendants moved to stay the preliminary injunction.

On July 29, 2016, the district court denied the defendants’ motion to stay the preliminary injunction. 2016 WL 4059226. However, the Seventh Circuit stayed the injunction pending the cross appeals on August 10, 2016. 2016 WL 4224616. The plaintiffs filed a motion for reconsideration of the order staying the injunction, but the Seventh Circuit denied the motion. The Seventh Circuit found that emergency procedures in place by the state to permit anyone who enters the ID Petition Process (a process through which any applicant must receive a photo ID on request unless the state shows certain grounds disqualified them) to get a receipt that would serve as a valid ID for the November 2016 election meant that further temporary relief was unnecessary at that time. The plaintiffs also filed an emergency motion for rehearing en banc of the order staying the injunction, but the Seventh Circuit denied the petition for hearing en banc for similar reasons. 835 F.3d 649.

The plaintiffs moved to add a new plaintiff to the case and for a temporary restraining order to ensure that the new plaintiff’s provision ballot would be counted despite not having a valid ID. On November 10, 2016, Judge Adelman granted the plaintiffs’ motion to file a supplemental complaint but denied the plaintiffs’ motion for a temporary restraining order. 2016 WL 6651323. The supplemental complaint was filed the same day.

On February 24, 2017, oral argument was held on the cross appeals. As of December 2019, this case was ongoing and the cross appeals remained pending in the Seventh Circuit.

Summary Authors

Rachel Barr (2/9/2017)

Virginia Weeks (10/22/2017)

Caitlin Kierum (11/30/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4412787/parties/frank-v-walker/


Judge(s)

Adelman, Lynn S. (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Flaum, Joel Martin (Illinois)

Hamilton, David Frank (Indiana)

Kanne, Michael Stephen (Indiana)

McNulty, Kevin (New Jersey)

Posner, Richard Allen (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Tinder, John Daniel (Indiana)

Judge(s)

Adelman, Lynn S. (Wisconsin)

Easterbrook, Frank Hoover (Illinois)

Flaum, Joel Martin (Illinois)

Hamilton, David Frank (Indiana)

Kanne, Michael Stephen (Indiana)

McNulty, Kevin (New Jersey)

Posner, Richard Allen (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Tinder, John Daniel (Indiana)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Abudu, Nancy G. (Georgia)

Bauman, Tristia (District of Columbia)

Cunningham, Karen (District of Columbia)

Dupuis, Laurence J. (Wisconsin)

Falls, Craig G (District of Columbia)

Foster, Nathan D. (Colorado)

Ho, Dale E. (New York)

Johnson, Heather Maria (California)

Lakin, Sophia L. (New York)

Liu, Angela M. (Illinois)

McDonald, Moffatt Laughlin (Georgia)

Princ, Diane (New York)

Rosen, Jeremy N. (District of Columbia)

Rotker, Karyn (Wisconsin)

Sherman, Jonathan L. (Georgia)

Steiner, Neil (New York)

Thomas, Tiffany Alora (New York)

Van Strander, James T. (District of Columbia)

Young, Sean J (New York)

Attorneys(s) for Defendant

Bellavia, Thomas C. (Wisconsin)

Benedon, Carrie M. (Massachusetts)

Johnson-Karp, Gabe (Wisconsin)

Kawski, Clayton P. (Wisconsin)

Keenan, Brian P. (Wisconsin)

Lazar, Maria S. (Wisconsin)

Lennington, Daniel P (Wisconsin)

Murphy, Sean Michael (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Other Attorney(s)

Fitzgerald, Lane HW (Wisconsin)

Morley, Michael T. (District of Columbia)

Olson, Joseph Louis (Wisconsin)

Documents in the Clearinghouse

Document

2:11-cv-01128

Docket [PACER]

Feb. 1, 2018

Feb. 1, 2018

Docket
1

2:11-cv-01128

Complaint for Declaratory and Injunctive Relief

Dec. 13, 2011

Dec. 13, 2011

Complaint
31

2:11-cv-01128

First Amended Complaint for Declaratory and Injunctive Relief

March 2, 2012

March 2, 2012

Complaint
195

2:11-cv-01128

Decision and Order [Permanent Injunction, Motion for Class Certification, Motion for Judgment on Partial Findings]

Frank v. Walker League of United Latin American Citizens of Wisconsin v. Deininger

17 F.Supp.3d 837

April 29, 2014

April 29, 2014

Order/Opinion
212

2:11-cv-01128

12-cv-00185

Decision and Order [Motion for Stay]

Frank v. Walker League of United Latin American Citizens of Wisconsin v. Deininger

Aug. 13, 2014

Aug. 13, 2014

Order/Opinion

14-02058

14-02059

[Order and Opinion, Permanent Injunction]

Frank et al v. Walker et al League of United Latin American Citizens of Wisconsin v. Meininger et al

U. S. Court of Appeals for the Seventh Circuit

768 F.3d 744

Oct. 6, 2014

Oct. 6, 2014

Order/Opinion
250

2:11-cv-01128

Decision and Order [Unresolved Claims]

141 F.Supp.3d 932

Oct. 19, 2015

Oct. 19, 2015

Order/Opinion
00712751553

15-03582

Opinion [Unresolved Claims]

U. S. Court of Appeals for the Seventh Circuit

819 F.3d 384

April 12, 2016

April 12, 2016

Order/Opinion
294

2:11-cv-01128

Decision and Order [Motion for Preliminary Injunction]

196 F.Supp.3d 893, 2016 WL 3948068

July 19, 2016

July 19, 2016

Order/Opinion
311

2:11-cv-01128

Decision and Order [Motion for Stay]

2016 WL 4059226

July 29, 2016

July 29, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4412787/frank-v-walker/

Last updated Aug. 8, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by Anthony Sharp, Sabrena Putnam, Carl Ellis, Ruthelle Frank, Edward Hogan, Domonique Whitehurst, Steve Kvasnicka, Anna Shea, Matthew Dearing, Samantha Meszaros, Sandra Jashinski, Justin Luft, Anthony Judd, Max Kligman, Sarah Lahti, Pamela Dukes, Dartric Davis, Barbara Oden. ( Filing Fee PAID $350 receipt number 0757-1404403) (Attachments: # 1 Civil Cover Sheet)(Dupuis, Laurence)

1 Civil Cover Sheet

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Dec. 13, 2011

Dec. 13, 2011

PACER

NOTICE Regarding assignment of this matter to Judge Lynn Adelman ;Consent/refusal forms for Magistrate Judge Callahan to be filed within 21 days;the consent/refusal form is available on our web site ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (blr)

Dec. 13, 2011

Dec. 13, 2011

PACER
2

DISCLOSURE Statement by All Plaintiffs. (Dupuis, Laurence)

Dec. 13, 2011

Dec. 13, 2011

PACER
3

MOTION to Waive Fees for Admission of Attorneys by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Karen Cunningham, # 2 Exhibit Applications for Admission)(Dupuis, Laurence)

1 Exhibit Declaration of Karen Cunningham

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2 Exhibit Applications for Admission

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Dec. 13, 2011

Dec. 13, 2011

PACER

NOTICE of Electronic Filing Error re 3 MOTION to Waive Fees for Admission of Attorneys. The Declaration should have been filed as a separate entry. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov (blr)

Dec. 13, 2011

Dec. 13, 2011

PACER

TEXT ONLY ORDER signed by Judge Lynn Adelman on 12/14/11 granting 3 MOTION to Waive Fees for Admission of Attorneys filed by Anthony Judd, Barbara Oden, Edward Hogan, Matthew Dearing, Dartric Davis, Domonique Whitehurst, Ruthelle Frank, Anthony Sharp, Carl Ellis, Sandra Jashinski, Sarah Lahti, Steve Kvasnicka, Samantha Meszaros, Anna Shea, Pamela Dukes, Max Kligman, Justin Luft. (cc: all counsel)(dm)

Dec. 14, 2011

Dec. 14, 2011

PACER
4

REQUEST for Issuance of Summons by All Plaintiffs Barney L. Hall (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
5

REQUEST for Issuance of Summons by All Plaintiffs David Deininger (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
6

REQUEST for Issuance of Summons by All Plaintiffs Donald Genin (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
7

REQUEST for Issuance of Summons by All Plaintiffs Donald Reincke (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
8

REQUEST for Issuance of Summons by All Plaintiffs Gerald Nichol (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
9

REQUEST for Issuance of Summons by All Plaintiffs Jill Geoffroy (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
10

REQUEST for Issuance of Summons by All Plaintiffs Kristina Boardman (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
11

REQUEST for Issuance of Summons by All Plaintiffs Kevin Kennedy (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
12

REQUEST for Issuance of Summons by All Plaintiffs Lynne Judd (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
13

REQUEST for Issuance of Summons by All Plaintiffs Michael Brennan (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
14

REQUEST for Issuance of Summons by All Plaintiffs Mark Gottlieb (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
15

REQUEST for Issuance of Summons by All Plaintiffs Nathaniel Robinson (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
16

REQUEST for Issuance of Summons by All Plaintiffs Patricia Nelson (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
17

REQUEST for Issuance of Summons by All Plaintiffs Sandra Brisco (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
18

REQUEST for Issuance of Summons by All Plaintiffs Scott Walker (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
19

REQUEST for Issuance of Summons by All Plaintiffs Thomas Barland (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
20

REQUEST for Issuance of Summons by All Plaintiffs Thomas Cane (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
21

REQUEST for Issuance of Summons by All Plaintiffs Timothy Vocke (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER
22

REQUEST for Issuance of Summons by All Plaintiffs Tracy Howard (Dupuis, Laurence)

Dec. 20, 2011

Dec. 20, 2011

PACER

Summons Issued as to Thomas Barland, Kristina Boardman, Michael Brennan, Sandra M Brisco, Thomas Cane, David G Deininger, Donald J Genin, Jill Louis Geoffroy, Mark Gottlieb, Barney L Hall, Tracy Jo Howard, Lynne B Judd, Kevin J Kennedy, Patricia A Nelson, Gerald Nichol, Donald Reincke, Nathaniel E Robinson, Timothy Vocke, Scott Walker. (blr)

Dec. 21, 2011

Dec. 21, 2011

PACER
23

Refusal to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Dupuis, Laurence)

Jan. 4, 2012

Jan. 4, 2012

PACER
24

NOTICE of Appearance by Clayton P Kawski on behalf of All Defendants. Attorney(s) appearing: Clayton Kawski,Thomas Bellavia, Carrie Benedon (Kawski, Clayton)

Jan. 11, 2012

Jan. 11, 2012

PACER
25

STIPULATION by All Parties. (Kawski, Clayton)

Jan. 11, 2012

Jan. 11, 2012

PACER

TEXT ONLY ORDER signed by Judge Lynn Adelman on 1/12/12 approving 25 Stipulation for extension. Defendants' response to Plaintiffs' complaint due 2/13/12. (cc: all counsel)(dm)

Jan. 12, 2012

Jan. 12, 2012

PACER

Set/Reset Deadlines: All Defendants' answer due 2/13/12. (dm)

Jan. 12, 2012

Jan. 12, 2012

PACER
26

Refusal to Jurisdiction by US Magistrate Judge by All Defendants. (Kawski, Clayton)

Jan. 12, 2012

Jan. 12, 2012

PACER
27

ANSWER to 1 Complaint, by All Defendants.(Kawski, Clayton)

Feb. 13, 2012

Feb. 13, 2012

PACER
28

SCHEDULING ORDER signed by Judge Lynn Adelman on 2/14/12. Telephone Conference set for 3/7/2012 10:30 AM before Judge Lynn Adelman. The court will initiate the call. (cc: all counsel)(dm)

Feb. 14, 2012

Feb. 14, 2012

PACER
29

Joint REPORT of Rule 26(f) Plan by All Parties. (Johnson, Heather)

Feb. 29, 2012

Feb. 29, 2012

PACER
30

NOTICE of Appearance by Diane N Princ on behalf of All Plaintiffs. Attorney(s) appearing: Neil A. Steiner, Craig G. Falls, Diane N. Princ (Princ, Diane)

March 1, 2012

March 1, 2012

PACER

NOTICE of Electronic Filing Error re 30 Notice of Appearance; All documents should contain the s/signature of the attorney who files the document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov (blr)

March 1, 2012

March 1, 2012

PACER
31

AMENDED COMPLAINT First Amended Complaint against All Defendants All Plaintiffs filed by Anthony Sharp, Carl Ellis, Ruthelle Frank, Edward Hogan, Domonique Whitehurst, Steve Kvasnicka, Anna Shea, Matthew Dearing, Samantha Meszaros, Sandra Jashinski, Justin Luft, Anthony Judd, Max Kligman, Sarah Lahti, Pamela Dukes, Dartric Davis, Barbara Oden.(Dupuis, Laurence) Modified on 3/5/2012 (blr).

March 2, 2012

March 2, 2012

RECAP
32

MOTION for Preliminary Injunction as to Eleven Named Plaintiffs by All Plaintiffs. (Rotker, Karyn)

March 2, 2012

March 2, 2012

RECAP
33

BRIEF in Support filed by All Plaintiffs re 32 MOTION for Preliminary Injunction as to Eleven Named Plaintiffs . (Attachments: (1) SEE ENTRY 35 Declaration of Shirley Brown, # 2 Declaration of Sam Bulmer, # 3 Declaration of Pamela Dukes, # 4 Declaration of Carl Ellis, # 5 Declaration of Ruthelle Frank, # 6 Declaration of Mariannis Ginorio, # 7 Declaration of Rickie Lamont Harmon, # 8 Declaration of Eddie Lee Holloway, Jr., # 9 Declaration of Barbara Oden, # 10 Declaration of DeWayne Smith, # 11 Declaration of Nancy Lea Wilde)(Rotker, Karyn) Modified on 3/5/2012 (blr).

1 Declaration of Shirley Brown

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2 Declaration of Sam Bulmer

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3 Declaration of Pamela Dukes

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4 Declaration of Carl Ellis

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5 Declaration of Ruthelle Frank

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6 Declaration of Mariannis Ginorio

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7 Declaration of Rickie Lamont Harmon

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8 Declaration of Eddie Lee Holloway, Jr.

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9 Declaration of Barbara Oden

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10 Declaration of DeWayne Smith

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11 Declaration of Nancy Lea Wilde

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March 2, 2012

March 2, 2012

PACER
34

DECLARATION of Karyn Rotker in Support of Motion for Preliminary Injunction as to 11 Named Plaintiffs (Docs. 32 & 33). (Attachments: # 1 Attachment A (Kennedy Dep Trans), # 2 Attachment B (Judd Dep Trans), # 3 Attachment C (Birth Cert Info), # 4 Attachment D (Def Br in Oppn in State Court case), # 5 Attachment E (Excerpt Moritz College Law Rept), # 6 Attachment F (Mayer Rept in State court case), # 7 Attachment G (Form GAB-131), # 8 Attachment H (Excerpts of Nat'l Comm'n Elect Reform Rept), # 9 Attachment I (Page from US VA website), # 10 Attachment J (VHA Directive 1610.01), # 11 Attachment K (Excerpts of HUD/VA Rept on Veteran Homelessness), # 12 Exhibit 1 (Kennedy Testimony 1-26-11), # 13 Exhibit 2 (Kennedy Testimony 4-27-11), # 14 Exhibit 3 (Kennedy Letter 5-3-11), # 15 Exhibit 4 (Kennedy Testimony 9-27-11), # 16 Exhibit 5 (Kennedy Testimony 11-15-11), # 17 Exhibit 7 (News Article 10-13-10), # 18 Exhibit 8 (News Article 11-24-11), # 19 Exhibit 9 (GAB Flowchart for ID), # 20 Exhibit 10 (News Article 5-25-10), # 21 Exhibit 11 (GAB News Release 7-8-11), # 22 Exhibit 21 (DMV Homelessness Policy), # 23 Exhibit 27 (Email 12-1-11), # 24 Exhibit 34 (Email 9-27-11), # 25 Exhibit 39 (Email 9-6-11))(Rotker, Karyn)

1 Attachment A (Kennedy Dep Trans)

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2 Exhibit Attachment B (Judd Dep Trans)

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3 Exhibit Attachment C (Birth Cert Info)

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4 Exhibit Attachment D (Def Br in Oppn in State Court case)

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5 Exhibit Attachment E (Excerpt Moritz College Law Rept)

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6 Exhibit Attachment F (Mayer Rept in State court case)

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7 Exhibit Attachment G (Form GAB-131)

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8 Exhibit Attachment H (Excerpts of Nat'l Comm'n Elect Reform Rept)

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9 Exhibit Attachment I (Page from US VA website)

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10 Attachment J (VHA Directive 1610.01)

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11 Attachment K (Excerpts of HUD/VA Rept on Veteran Homelessness)

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12 Exhibit 1 (Kennedy Testimony 1-26-11)

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13 Exhibit 2 (Kennedy Testimony 4-27-11)

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14 Exhibit 3 (Kennedy Letter 5-3-11)

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15 Exhibit 4 (Kennedy Testimony 9-27-11)

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16 Exhibit 5 (Kennedy Testimony 11-15-11)

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17 Exhibit 7 (News Article 10-13-10)

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18 Exhibit 8 (News Article 11-24-11)

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19 Exhibit 9 (GAB Flowchart for ID)

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20 Exhibit 10 (News Article 5-25-10)

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21 Exhibit 11 (GAB News Release 7-8-11)

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22 Exhibit 21 (DMV Homelessness Policy)

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23 Exhibit 27 (Email 12-1-11)

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24 Exhibit Exhibit 34 (Email 9-27-11)

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25 Exhibit Exhibit 39 (Email 9-6-11)

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March 2, 2012

March 2, 2012

PACER
35

DECLARATION of Shirley Brown (corrected) in Support of Motion for Preliminary Injunction as to 11 Named Plaintiffs (Docs 32, 33, 33-1). (Dupuis, Laurence)

March 2, 2012

March 2, 2012

PACER

NOTICE of Electronic Filing Error re 33 Brief in Support of Motion; Electronically filed documents should not be scanned whenever possible. The attached Declarations should have been extracted directly from your word processing software and should have included an electronic signature (s/signature). These documents do not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov (blr)

March 2, 2012

March 2, 2012

PACER
36

SCHEDULING ORDER signed by Judge Lynn Adelman on 3/7/12. See order for dates. (cc: all counsel)(dm)

March 7, 2012

March 7, 2012

PACER
37

Minute Entry for proceedings held before Judge Lynn Adelman: Telephonic Scheduling Conference held on 3/7/2012. Court will issue a scheduling order. (blr)

March 7, 2012

March 7, 2012

PACER

NOTICE by the Court. Any representatives of plaintiffs who are participaing in the telephone scheduling conference set for 3/23/12 at 3:00 PM in Case No. 12CV185 must call in for the conference as follows: dial access number 1-877-336-1839. You will be prompted for an access code (4144803) and a security code (1234). Once that information is entered participants will be put on hold until we access the call.(cc: all counsel)(dm)

March 15, 2012

March 15, 2012

PACER
38

RESPONSE to Motion filed by All Defendants re 32 MOTION for Preliminary Injunction as to Eleven Named Plaintiffs . (Kawski, Clayton)

March 20, 2012

March 20, 2012

PACER
39

DECLARATION of James G. Miller in Support of Brief in Opposition to Preliminary Injunction Motion. (Kawski, Clayton)

March 20, 2012

March 20, 2012

PACER
40

DECLARATION of Clayton P. Kawski in Support of Brief in Opposition to Motion for Preliminary Injunction. (Attachments: # 1 Exhibit Affidavit of David Buerger, # 2 Exhibit NAACP March 6, 2012 Order, # 3 Exhibit League March 12, 2012 Order, # 4 Exhibit NAACP March 15, 2012 Order, # 5 Exhibit League March 20, 2012 Order, # 6 Exhibit Bulmer's Answers, # 7 Exhibit Dukes' Answers, # 8 Exhibit Ellis' Answers, # 9 Exhibit Frank's Answers, # 10 Exhibit Ginorio's Answers, # 11 Exhibit Harmon's Answers, # 12 Exhibit Holloway's Answers, # 13 Exhibit Oden's Answers, # 14 Exhibit Smith's Answers, # 15 Exhibit Wilde's Answers, # 16 Exhibit Brown's Answers, # 17 Exhibit Veterans Affairs website)(Kawski, Clayton)

1 Exhibit Affidavit of David Buerger

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2 Exhibit NAACP March 6, 2012 Order

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3 Exhibit League March 12, 2012 Order

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4 Exhibit NAACP March 15, 2012 Order

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5 Exhibit League March 20, 2012 Order

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6 Exhibit Bulmer's Answers

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7 Exhibit Dukes' Answers

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8 Exhibit Ellis' Answers

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9 Exhibit Frank's Answers

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10 Exhibit Ginorio's Answers

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11 Exhibit Harmon's Answers

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12 Exhibit Holloway's Answers

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13 Exhibit Oden's Answers

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14 Exhibit Smith's Answers

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15 Exhibit Wilde's Answers

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16 Exhibit Brown's Answers

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17 Exhibit Veterans Affairs website

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March 20, 2012

March 20, 2012

PACER

NOTICE of Electronic Filing Error re 39 Declaration; The Court prefers that documents be extracted directly from your word processing software whenever possible and should include an electronic signature (s/signature). This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov (blr)

March 20, 2012

March 20, 2012

PACER
41

REPLY BRIEF in Support filed by All Plaintiffs re 32 MOTION for Preliminary Injunction as to Eleven Named Plaintiffs . (Rotker, Karyn)

March 26, 2012

March 26, 2012

PACER
42

DECLARATION of Karyn Rotker in Support of Reply Brief (as to Motion for Prel. Inj. as to Eleven Named Plaintiffs), Dkt. 41. (Attachments: # 1 Exhibit Def. Motion for Stay in NAACP State Court Case, # 2 Exhibit Def. Motion for Stay in League of Wmn Voters State Court Case, # 3 Exhibit Email communications btwn Def and Pl Counsel, # 4 Exhibit Red Cliff Tribal ID)(Rotker, Karyn)

1 Exhibit Def. Motion for Stay in NAACP State Court Case

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2 Exhibit Def. Motion for Stay in League of Wmn Voters State Court Case

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3 Exhibit Email communications btwn Def and Pl Counsel

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4 Exhibit Red Cliff Tribal ID

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March 26, 2012

March 26, 2012

PACER
43

DECLARATION of Lucille Berrien in Support of Reply Brief (as to Motion for Prel. Inj. as to Eleven Named Plaintiffs), Dkt. 41. (Attachments: # 1 Exhibit Redacted military ID card, # 2 Exhibit Email chain confirming validity of ID)(Rotker, Karyn)

1 Exhibit Redacted military ID card

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2 Exhibit Email chain confirming validity of ID

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March 26, 2012

March 26, 2012

PACER
44

DECLARATION of Arvina Martin in Support of Reply Brief (as to Motion for Prel. Inj. as to Eleven Named Plaintiffs), Dkt. 41. (Attachments: # 1 Exhibit Redacted Tribal ID)(Rotker, Karyn)

1 Exhibit Redacted Tribal ID

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March 26, 2012

March 26, 2012

PACER
45

ANSWER to 31 Amended Complaint, by All Defendants.(Kawski, Clayton)

March 30, 2012

March 30, 2012

PACER
46

STIPULATION and Proposed Confidentiality Protective Order by All Plaintiffs. (Dupuis, Laurence)

April 10, 2012

April 10, 2012

PACER

NOTICE of Electronic Filing Error re 46 Stipulation; The proposed order should be filed as an attachment to the stipulation. Please ensure that the proposed order has been emailed to the proposed email box for the assigned judge in Word or WordPerfect format. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov (blr)

April 10, 2012

April 10, 2012

PACER
47

Joint MOTION to Amend/Correct Enlarge Revise Scheduling Order and Exceed Page Limitations by All Parties. (Kawski, Clayton). Added MOTION for Leave to File Excess Pages on 4/12/2012 (blr).

April 11, 2012

April 11, 2012

PACER
48

ORDER signed by Judge Lynn Adelman on 4/12/12 granting 47 Motion to Amend/Correct; Motion for Leave to File Excess Pages. See order for details. (cc: all counsel) (dm)

April 12, 2012

April 12, 2012

PACER
49

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Rotker, Karyn)

1 Text of Proposed Order

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April 23, 2012

April 23, 2012

PACER
50

BRIEF in Support filed by All Plaintiffs re 49 MOTION for Preliminary Injunction . (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
51

DECLARATION of Marcella Althof in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
52

DECLARATION of Audrey Anderson in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
53

DECLARATION of Nancy Marcus in Support of Preliminary Injunction. (Attachments: # 1 Exhibit Cover Sheet for DVD (to be filed by hand) - DVD Available in Judge's File)(Rotker, Karyn) Modified text on 4/23/2012 (blr).

1 Exhibit Cover Sheet for DVD (to be filed by hand)

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April 23, 2012

April 23, 2012

PACER
54

DECLARATION of Samantha Meszaros in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
55

DECLARATION of Bridget Marion Nowak in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
56

DECLARATION of Ruth Ann Obermeyer in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
57

DECLARATION of Miriam Simon in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
58

DECLARATION of William Trokan in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
59

DECLARATION of Nancy Lea Wilde in Support of Preliminary Injunction. (Attachments: # 1 Exhibit A)(Rotker, Karyn)

1 Exhibit A

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April 23, 2012

April 23, 2012

PACER
60

DECLARATION of Genevieve Winslow in Support of Preliminary Injunction. (Rotker, Karyn)

April 23, 2012

April 23, 2012

PACER
61

DECLARATION of Mark Young in Support of Preliminary Injunction. (Attachments: # 1 Attachment A)(Rotker, Karyn)

1 Attachment A

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April 23, 2012

April 23, 2012

PACER
62

DECLARATION of Karyn Rotker in Support of Preliminary Injunction. (Attachments: # 1 Exhibit Attach A - Boardman Dep Excerpts, # 2 Exhibit Attach B - Fernan Dep Excerpts, # 3 Exhibit Attach C - Haas Dep Excerpts, # 4 Exhibit Attach D - Hein Dep Excerpts, # 5 Exhibit Attach E - Krueger Dep Excerpts, # 6 Exhibit Attach F -Lebwohl Dep Excerpts, # 7 Exhibit Attach G - Miller Dep Excerpts, # 8 Exhibit Attach H - Robinson Dep Excerpts, # 9 Exhibit Attach I - Turja Dep Excerpts, # 10 Exhibit Attach J - Expert Report, # 11 Exhibit Attach K - Article, # 12 Exhibit Attach L - USDOJ Objection to TX ID Law, # 13 Exhibit Attach M - Census (ACS) Tables, # 14 Exhibit Attach N - 2011 Point in Time Survey, # 15 Exhibit Attach O - HUD Homeless Assessment Rept, # 16 Exhibit Attach P - Census Rept on Resid Segregation, # 17 Exhibit Attach Q - US v New Berlin Consent Decree, # 18 Exhibit Attach R - Documents Produced in Discovery, # 19 Exhibit Dep Ex 20 - Article, # 20 Exhibit Dep Ex 25 - Email communication, # 21 Exhibit Dep Ex 30 - BDS 316, # 22 Exhibit Dep Ex 33 - Email communications, # 23 Exhibit Dep Ex 47 - DMV Tech & Training Update, # 24 Exhibit Dep Ex 48 - Email communication, # 25 Exhibit Dep Ex 49 - Email communication, # 26 Exhibit Dep Ex 50 - Email communication, # 27 Exhibit Dep Ex 51 - Meeting Minutes, # 28 Exhibit Dep Ex 52 - GAB Document, # 29 Exhibit Dep Ex 55 - BFS 14, # 30 Exhibit Dep Ex 56 - Email communication, # 31 Exhibit Dep Ex 57 - DMV Press Release, # 32 Exhibit Dep Ex 61 - Email communication, # 33 Exhibit Dep Ex 66 - Sec 215 of DLM, # 34 Exhibit Dep Ex 67 - Sec 110 of DLM, # 35 Exhibit Dep Ex 68 - Sec 410 of DLM, # 36 Exhibit Dep Ex 81 - Email communication, # 37 Exhibit Dep Ex 83 - Email communication, # 38 Exhibit Dep Ex 86 - Email communication, # 39 Exhibit Dep Ex 107 - Sec 225 of DLM, # 40 Exhibit Excerpt of Dep Ex 109 - GAB Elect Admin Plan)(Rotker, Karyn)

1 Exhibit Attach A - Boardman Dep Excerpts

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2 Exhibit Attach B - Fernan Dep Excerpts

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3 Exhibit Attach C - Haas Dep Excerpts

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4 Exhibit Attach D - Hein Dep Excerpts

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5 Exhibit Attach E - Krueger Dep Excerpts

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6 Exhibit Attach F -Lebwohl Dep Excerpts

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7 Exhibit Attach G - Miller Dep Excerpts

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8 Exhibit Attach H - Robinson Dep Excerpts

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9 Exhibit Attach I - Turja Dep Excerpts

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10 Exhibit Attach J - Expert Report

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11 Exhibit Attach K - Article

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12 Exhibit Attach L - USDOJ Objection to TX ID Law

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13 Exhibit Attach M - Census (ACS) Tables

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14 Exhibit Attach N - 2011 Point in Time Survey

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15 Exhibit Attach O - HUD Homeless Assessment Rept

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16 Exhibit Attach P - Census Rept on Resid Segregation

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17 Exhibit Attach Q - US v New Berlin Consent Decree

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18 Exhibit Attach R - Documents Produced in Discovery

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19 Exhibit Dep Ex 20 - Article

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20 Exhibit Dep Ex 25 - Email communication

View on PACER

21 Exhibit Dep Ex 30 - BDS 316

View on PACER

22 Exhibit Dep Ex 33 - Email communications

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23 Exhibit Dep Ex 47 - DMV Tech & Training Update

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24 Exhibit Dep Ex 48 - Email communication

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25 Exhibit Dep Ex 49 - Email communication

View on PACER

26 Exhibit Dep Ex 50 - Email communication

View on PACER

27 Exhibit Dep Ex 51 - Meeting Minutes

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28 Exhibit Dep Ex 52 - GAB Document

View on PACER

29 Exhibit Dep Ex 55 - BFS 14

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30 Exhibit Dep Ex 56 - Email communication

View on PACER

31 Exhibit Dep Ex 57 - DMV Press Release

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32 Exhibit Dep Ex 61 - Email communication

View on PACER

33 Exhibit Dep Ex 66 - Sec 215 of DLM

View on PACER

34 Exhibit Dep Ex 67 - Sec 110 of DLM

View on PACER

35 Exhibit Dep Ex 68 - Sec 410 of DLM

View on PACER

36 Exhibit Dep Ex 81 - Email communication

View on PACER

37 Exhibit Dep Ex 83 - Email communication

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38 Exhibit Dep Ex 86 - Email communication

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39 Exhibit Dep Ex 107 - Sec 225 of DLM

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40 Exhibit Excerpt of Dep Ex 109 - GAB Elect Admin Plan

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April 23, 2012

April 23, 2012

PACER
63

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falls, Craig)

1 Text of Proposed Order

View on PACER

April 23, 2012

April 23, 2012

PACER
64

BRIEF in Support filed by All Plaintiffs re 63 MOTION to Certify Class . (Falls, Craig)

April 23, 2012

April 23, 2012

PACER
65

DECLARATION of Edward Hogan in Support of Motion for Class Certification. (Falls, Craig)

April 23, 2012

April 23, 2012

PACER
66

DECLARATION of Anthony Judd In Support of Motion for Class Certification. (Falls, Craig)

April 23, 2012

April 23, 2012

PACER
67

DECLARATION of Max Kligman In Support of Motion for Class Certification. (Falls, Craig)

April 23, 2012

April 23, 2012

PACER
68

DECLARATION of Steve Kvasnicka In Support of Motion for Class Certification. (Falls, Craig)

April 23, 2012

April 23, 2012

PACER
69

DECLARATION of Anna Shea In Support of Motion for Class Certification. (Falls, Craig)

April 23, 2012

April 23, 2012

PACER
70

DECLARATION of Hannah J. Somers In Support of Motion for Class Certification. (Falls, Craig)

April 23, 2012

April 23, 2012

PACER
71

DECLARATION of Craig Falls in Support of Motion for Class Certification. (Attachments: # 1 Exhibit Attach A - Turja Dep Excerpts, # 2 Exhibit Attach B - Hass Dep Excerpts, # 3 Exhibit Attach C - Hein Dep Excerpts, # 4 Exhibit Attach D - Dep Ex 111, # 5 Exhibit Attach E - Veterans Homelessnes Rept, # 6 Exhibit Attach F - Overview of Wisconsin Tech College System, # 7 Exhibit Attach G - W2 Take-up Study, # 8 Exhibit Attach H - Census (ACS) Tables)(Falls, Craig)

1 Exhibit Attach A - Turja Dep Excerpts

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2 Exhibit Attach B - Hass Dep Excerpts

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3 Exhibit Attach C - Hein Dep Excerpts

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4 Exhibit Attach D - Dep Ex 111

View on PACER

5 Exhibit Attach E - Veterans Homelessnes Rept

View on PACER

6 Exhibit Attach F - Overview of Wisconsin Tech College System

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7 Exhibit Attach G - W2 Take-up Study

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8 Exhibit Attach H - Census (ACS) Tables

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April 23, 2012

April 23, 2012

PACER
72

SCHEDULING ORDER signed by Judge Lynn Adelman on 4/26/12. Telephone Status Conference set for 5/3/2012 10:30 AM before Judge Lynn Adelman. See order for dialing instructions. (cc: all counsel)(dm)

April 26, 2012

April 26, 2012

PACER
73

Minute Entry for proceedings held before Judge Lynn Adelman: Telephonic Status Conference held on 5/3/2012. Court will issue a scheduling order pursuant to the parties' agreement. (blr) (Entered: 05/04/2012)

May 3, 2012

May 3, 2012

PACER
74

SCHEDULING ORDER signed by Judge Lynn Adelman on 5/3/2012. Telephone Status Conference before Judge Lynn Adelman set for 8/13/2012 at 10:30am. See Order for dialing instructions and for additional scheduling dates and instructions. Bench Trial before Judge Lynn Adelman set for 9/10/2012 at 10:00am. (cc: all counsel)(nts) (Entered: 05/04/2012)

May 3, 2012

May 3, 2012

PACER
75

CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER signed by Judge Lynn Adelman on 5/9/12. See order for details. (cc: all counsel)(dm)

May 9, 2012

May 9, 2012

PACER
76

STIPULATION Regarding Confidentiality of SVRS Production by All Parties. (Attachments: # 1 Text of Proposed Order)(Sherman, Jonathan)

1 Text of Proposed Order

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May 11, 2012

May 11, 2012

PACER
77

QUALIFIED PROTECTIVE ORDER REGARDING CONFIDENTIALITY STIPULATION FOR PRODUCTION OF INFORMATION FROM THE STATEWIDE VOTER REGISTRATION SYSTEM signed by Judge Lynn Adelman on 5/14/12. (cc: all counsel)(dm)

May 14, 2012

May 14, 2012

PACER
78

STIPULATION Regarding Plaintiffs' March 9 Requests for Production by All Parties. (Attachments: # 1 Text of Proposed Order)(Sherman, Jonathan)

1 Text of Proposed Order

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May 18, 2012

May 18, 2012

PACER
79

ORDER signed by Judge Lynn Adelman on 5/21/12 approving 78 Stipulation. Plaintiffs' replies in support of their Motions for Preliminary Injunction and Class Certification due Friday June 22, 2012. (cc: all counsel)(dm)

May 21, 2012

May 21, 2012

PACER
80

BRIEF in Support filed by All Plaintiffs re 49 MOTION for Preliminary Injunction Supplemental Memorandum. (Rotker, Karyn)

May 21, 2012

May 21, 2012

PACER
81

DECLARATION of Karyn Rotker Authenticating Expert Report. (Attachments: # 1 Exhibit Expert Report and Disclosures of Prof. Marc Levine)(Rotker, Karyn)

1 Exhibit Expert Report and Disclosures of Prof. Marc Levine

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May 21, 2012

May 21, 2012

PACER
82

NOTICE of Appearance by Clayton P Kawski on behalf of Thomas Barland, Kristina Boardman, Michael Brennan, Sandra M Brisco, Thomas Cane, David G Deininger, Donald J Genin, Jill Louis Geoffroy, Mark Gottlieb, Barney L Hall, Tracy Jo Howard, Lynne B Judd, Kevin J Kennedy, Patricia A Nelson, Gerald Nichol, Donald Reincke, Nathaniel E Robinson, Timothy Vocke, Scott Walker. Attorney(s) appearing: Maria Lazar (Kawski, Clayton)

May 31, 2012

May 31, 2012

PACER
83

BRIEF in Opposition filed by All Defendants re 63 MOTION to Certify Class . (Lazar, Maria)

June 4, 2012

June 4, 2012

PACER
84

Second DECLARATION of Clayton P. Kawski . (Attachments: # 1 Exhibit Exhibit A-April 27, 2012, email chain, # 2 Exhibit Exhibit B-April 24, 2012, email chain)(Lazar, Maria) Modified text on 6/5/2012 (blr).

1 Exhibit Exhibit A-April 27, 2012, email chain

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2 Exhibit Exhibit B-April 24, 2012, email chain

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June 4, 2012

June 4, 2012

PACER
85

BRIEF in Opposition filed by Thomas Barland, Kristina Boardman, Michael Brennan, Sandra M Brisco, Thomas Cane, David G Deininger, Donald J Genin, Jill Louis Geoffroy, Mark Gottlieb, Barney L Hall, Tracy Jo Howard, Lynne B Judd, Kevin J Kennedy, Patricia A Nelson, Gerald Nichol, Donald Reincke, Nathaniel E Robinson, Timothy Vocke, Scott Walker re 49 MOTION for Preliminary Injunction . (Benedon, Carrie)

June 4, 2012

June 4, 2012

PACER
86

DECLARATION of Carrie Benedon . (Attachments: # 1 Exhibit A - Aopy of Gonzalez v. Arizona, # 2 Exhibit B - Copy of a Transcript of the Deposition of Patrick Fernan that was held on April 2, 2012, in Madison, Wisconsin, # 3 Exhibit C - Copy of a Transcript of the Deposition of James Miller that was held on March 30, 2012, in Madison, Wisconsin.)(Benedon, Carrie)

1 Exhibit A - Copy of Gonzalez v. Arizona

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2 Exhibit B - Copy of Transcript of the Deposition of Patrick Fernan that was hel

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3 Exhibit C - Copy of Transcript of the Deposition of James Miller that was held

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June 4, 2012

June 4, 2012

PACER
87

MOTION to File Amicus Brief by Dorothy Janis, James Janis, Erin M Decker, Matthew Augustine, Robert Ziegelbauer. (Attachments: # 1 Text of Proposed Order)(Olson, Joseph)

1 Text of Proposed Order

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June 4, 2012

June 4, 2012

PACER
88

DISCLOSURE Statement by Matthew Augustine, Erin M Decker, Dorothy Janis, James Janis, Robert Ziegelbauer. (Olson, Joseph)

June 4, 2012

June 4, 2012

PACER

NOTICE of Electronic Filing Error re 88 Disclosure Statement; All documents should contain an electronic signature (s/signature) of the attorney who files the document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov. (blr)

June 4, 2012

June 4, 2012

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 13, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eligible Wisconsin voters

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

The State of Wisconsin , State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

Voting:

Vote dilution

Voter ID