Case: Feehan v. Wisconsin Elections Commission

2:20-cv-01771 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Dec. 1, 2020

Clearinghouse coding complete

Case Summary

This case stemmed from alleged voter fraud in the State of Wisconsin during the 2020 presidential election. In the decade preceding the 2020 election, Wisconsin passed various laws aimed at ensuring the integrity of absentee ballots. These laws included, in relevant part, requirements that most voters presented a photo ID at the time of registering for an absentee ballot (Wis. Stat. §§ 6.34; 6.79) and absentee ballots contained certain certifications from both the voter and a stated witness in …

This case stemmed from alleged voter fraud in the State of Wisconsin during the 2020 presidential election. In the decade preceding the 2020 election, Wisconsin passed various laws aimed at ensuring the integrity of absentee ballots. These laws included, in relevant part, requirements that most voters presented a photo ID at the time of registering for an absentee ballot (Wis. Stat. §§ 6.34; 6.79) and absentee ballots contained certain certifications from both the voter and a stated witness in order to be counted (Wis. Stat. § 6.87(d)).

During the 2020 presidential election, Wisconsin accepted votes on both an in-person and absentee basis. For in-person voters, votes were cast and counted using machines manufactured by a company called Dominion Voting Systems. After tallying the votes, the Wisconsin Elections Commission (“WEC”) determined that Democratic nominee Joe Biden had defeated incumbent Republican nominee Donald Trump by a margin of just 20,565 votes. The WEC subsequently certified the vote on November 30, 2020.

On December 1, 2020, a nominee of the Republican Party to be a presidential elector for the State of Wisconsin filed suit in the U.S. District Court for the Eastern District of Wisconsin seeking to reverse the Wisconsin Election Commission’s certification of the presidential election results. In his complaint, the plaintiff alleged that the administration of the election in the State of Wisconsin was violative of the elections and electors clauses of the Constitution, and the due process and equal protection clauses of the 14th Amendment, anchoring his claims in 42 U.S.C. § 1983.

The factual underpinnings of the plaintiff’s claims fell into two, broad categories. The first set of facts related to the WEC’s administration and alleged violation of Wisconsin state election laws relating to absentee ballots. According to the plaintiff, the WEC failed to ensure that absentee ballots were properly distributed and subsequently counted. The second set of facts related to alleged issued associated with the machines used to count votes. According to the plaintiff, various statistical anomalies and alleged interests by the manufacturer of the voting machines, Dominion Voting Systems, demonstrated that the vote was counted inaccurately, if not fraudulently.

Soon after the complaint was filed, on December 7, 2020, the defendants filed motions to dismiss on the bases that the plaintiff lacked standing to bring his claims, the case was moot in that the vote had already been certified, the court should abstain from weighing in on the issues presented in the case, the plaintiff failed to exhaust administrative remedies, the 11th Amendment barred the claims, and the doctrine of laches (unwarranted delay) applied.  

On December 9, 2020, the court issued an order dismissing each of the plaintiff’s claims, explaining that the plaintiff’s status as a designated presidential on behalf of the Republican party did not provide standing.  In so ordering, the court pointed to jurisprudence from other judicial circuits, which held that the standing of a presidential elector is no different than that of ordinary voters, who do not have standing either.

While the court dismissed the case on standing grounds, the court also discussed the defendants’ other arguments in dicta. With respect to mootness, the court noted that the vote had already been certified, which casted serious doubt on the court’s ability to step in and change the outcome. Addressing the 11th Amendment argument, the court noted that state sovereign immunity prevented the court from granting relief against the State of Wisconsin absent “an ongoing violation of federal law.”  Because the relief the plaintiff sought was retroactive, no relief could be granted.

On December 10, 2020, the plaintiff filed an appeal with the U.S Court of Appeals for the Seventh Circuit to challenge the district court’s dismissal of the case. In January 2021, while the appeal was still pending, the parties reached an agreement to dismiss the appeal. Thereafter, on February 23, 2021, the Seventh Circuit entered an order dismissing the appeal and directing the district court to dismiss the case as moot. The Eastern District of Wisconsin dismissed the case. 

Summary Authors

Corey Nevers (12/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18702085/parties/feehan-v-wisconsin-elections-commission/


Judge(s)
Attorney for Plaintiff

Dean, Michael D (Wisconsin)

Attorney for Defendant

Brook, Davida (Wisconsin)

Expert/Monitor/Master/Other

Bouchoux, Christopher (Wisconsin)

Conarck, Jacob (Wisconsin)

Conley, Will McDonell (Wisconsin)

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Documents in the Clearinghouse

Document
1

2:20-cv-01771

Complaint for Declaratory, Emergency, and Permanent Injunctive Relief

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 1, 2020

Dec. 1, 2020

Complaint
3

2:20-cv-01771

Plaintiffs’ Memorandum In Support of Motion for Declaratory, Emergency, and Permanent Injunctive Relief

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 1, 2020

Dec. 1, 2020

Pleading / Motion / Brief
54

2:20-cv-01771

Defendants Wisconsin Elections Commission and Its Members' Brief in Support of Motion to Dismiss

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 7, 2020

Dec. 7, 2020

Pleading / Motion / Brief
59

2:20-cv-01771

Brief of Governor Tony Evers in Support of His Motion to Dismiss Plaintiff's Amended Complaint

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 7, 2020

Dec. 7, 2020

Pleading / Motion / Brief
52

2:20-cv-01771

Defendant Commission and Commissioners' Response Opposing Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction

Dec. 7, 2020

Dec. 7, 2020

Pleading / Motion / Brief
72

2:20-cv-01771

Plaintiff's Consolidated Responses to Defendants' Motions to Dismiss and Replies to Responses of Defendants and Amici in Opposition to Motion for Declaratory, Emergency, and Permanent Injunctive Relief and Memorandum In Support Thereof

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 8, 2020

Dec. 8, 2020

Pleading / Motion / Brief
83

2:20-cv-01771

Order Granting Defendants' Motions to Dismiss (Dkt. Nos. 51, 53), Denying as Moot Plaintiff's Amended Motion for Injunctive Relief (Dkt. No. 6) and Dismissing Case

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 9, 2020

Dec. 9, 2020

Order/Opinion

506 F.Supp.3d 596

73

2:20-cv-01771

Defendant Governor Tony Evers's Reply in Support of His Motion to Dismiss Plaintiff's Amended Complaint

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 9, 2020

Dec. 9, 2020

Pleading / Motion / Brief
84

2:20-cv-01771

Plaintiff's Notice of Appeal

Feehan, Et Al V. Wisconsin Elections Com, Et Al

Dec. 10, 2020

Dec. 10, 2020

Pleading / Motion / Brief
96

2:20-cv-01771

Order

Feehan, Et Al V. Wisconsin Elections Com, Et Al

U.S. Court of Appeals for the Seventh Circuit

Feb. 23, 2021

Feb. 23, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18702085/feehan-v-wisconsin-elections-commission/

Last updated Jan. 30, 2025, 5:37 p.m.

ECF Number Description Date Link Date / Link
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COMPLAINT against All Plaintiffs by William Feehan. ( Filing Fee PAID $400 receipt number AWIEDC-3652059) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit)(Dean, Michael) (Additional attachment(s) added on 12/1/2020: # 28 Civil Cover Sheet) (jcl).

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Dec. 1, 2020

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MOTION for Temporary Restraining Order by All Plaintiffs. (Dean, Michael)

Dec. 1, 2020

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BRIEF in Support filed by All Plaintiffs re 2 MOTION for Temporary Restraining Order . (Dean, Michael)

Dec. 1, 2020

Dec. 1, 2020

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NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available here. 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. (jcl)

Dec. 1, 2020

Dec. 1, 2020

PACER
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Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Dean, Michael)

Dec. 1, 2020

Dec. 1, 2020

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DISCLOSURE Statement by All Plaintiffs. (Dean, Michael)

Dec. 1, 2020

Dec. 1, 2020

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MOTION to Amend/Correct Docket # 2: PLAINTIFFS MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Dean, Michael)

1 Text of Proposed Order

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Dec. 1, 2020

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ORDER signed by Chief Judge Pamela Pepper on 12/2/2020 re 6 Amended Motion for Injunctive Relief. (cc: all counsel)(cb)

Dec. 2, 2020

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NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)

Dec. 2, 2020

Dec. 2, 2020

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AMENDED COMPLAINT removing Derrick Van Orden as Plaintiff against All Defendants filed by William Feehan. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Dean, Michael)

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Dec. 3, 2020

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Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF by William Feehan. (Attachments: # 1 Information Sheet Proposed Briefing Schedule)(Dean, Michael)

1 Information Sheet Proposed Briefing Schedule

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Dec. 3, 2020

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NOTICE of Appearance by Jeffrey A Mandell on behalf of Tony Evers. Attorney(s) appearing: Jeffrey A. Mandell (Mandell, Jeffrey)

Dec. 3, 2020

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NOTICE of Appearance by Rachel E Snyder on behalf of Tony Evers. Attorney(s) appearing: Rachel E. Snyder (Snyder, Rachel)

Dec. 3, 2020

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NOTICE of Appearance by Howard Kleinhendler on behalf of William Feehan. Attorney(s) appearing: Howard Kleinhendler (Kleinhendler, Howard)

Dec. 3, 2020

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MOTION to Intervene by James Gesbeck. (Attachments: # 1 Proposed Answer, # 2 Certificate of Service)(asc)

1 Proposed Answer

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2 Certificate of Service

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Dec. 3, 2020

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BRIEF in Support filed by James Gesbeck re 14 MOTION to Intervene. (asc)

Dec. 3, 2020

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MOTION Reassign Case Pursuant to Civil L.R. 3(b) by Tony Evers. (Attachments: # 1 Exhibit 1 - Notice from Case 20-CV-1785)(Mandell, Jeffrey)

1 Exhibit 1 - Notice from Case 20-CV-1785

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NOTICE of Appearance by Sean Michael Murphy on behalf of Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission. Attorney(s) appearing: Sean Michael Murphy, Jody J. Schmelzer, Colin T. Roth (Murphy, Sean)

Dec. 3, 2020

Dec. 3, 2020

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18

RESPONSE to Motion filed by William Feehan re 16 MOTION Reassign Case Pursuant to Civil L.R. 3(b) . (Dean, Michael)

Dec. 3, 2020

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19

ORDER signed by Chief Judge Pamela Pepper on 12/3/2020 DENYING 16 defendant Tony Evers's motion to reassign case pursuant to Civil L.R. 3(b). (cc: all counsel)(cb)

Dec. 3, 2020

Dec. 3, 2020

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20

NOTICE of Appearance by Charles G Curtis, Jr on behalf of Democratic National Committee. Attorney(s) appearing: Charles G. Curtis (Curtis, Charles)

Dec. 3, 2020

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NOTICE of Appearance by Michelle M Umberger on behalf of Democratic National Committee. Attorney(s) appearing: Michelle M. Umberger (Umberger, Michelle)

Dec. 3, 2020

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Party Derrick Van Orden terminated. (amb)

Dec. 3, 2020

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PACER
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MOTION to Intervene by Democratic National Committee. (Attachments: # 1 Exhibit 1-Proposed Answer, # 2 Text of Proposed Order)(Umberger, Michelle)

1 Exhibit 1-Proposed Answer

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2 Text of Proposed Order

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Dec. 4, 2020

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BRIEF in Support filed by Democratic National Committee re 22 MOTION to Intervene . (Umberger, Michelle)

Dec. 4, 2020

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DISCLOSURE Statement by Democratic National Committee. (Umberger, Michelle)

Dec. 4, 2020

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REPLY filed by Tony Evers to Plaintiff's Proposed Briefing Schedule. (Mandell, Jeffrey)

Dec. 4, 2020

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REPLY filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission to Plaintiff's Proposed Briefing Schedule. (Murphy, Sean)

Dec. 4, 2020

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NOTICE of Appearance by Justin A Nelson on behalf of Tony Evers. Attorney(s) appearing: Justin A. Nelson (Nelson, Justin)

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NOTICE of Appearance by Davida Brook on behalf of Tony Evers. Attorney(s) appearing: Davida Brook (Brook, Davida)

Dec. 4, 2020

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ORDER signed by Chief Judge Pamela Pepper on 12/4/2020. 10 Plaintiff's amended motion GRANTED IN PART to extent that it is Civil L.R. 7(h) expedited non-dispositive motion for expedited briefing schedule; defendant's opposition to plainti ff's amended motion due by 5:00 PM on 12/7/2020, plaintiff's reply due by 5:00 PM on 12/8/2020. The court DEFERS RULING on plaintiff's amended motion to extent that it asks the court to issue TRO or preliminary injunction. (cc: all counsel)(cb)

Dec. 4, 2020

Dec. 4, 2020

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NOTICE of Appearance by Stephen Shackelford, Jr on behalf of Tony Evers. Attorney(s) appearing: Stephen L. Shackelford, Jr. (Shackelford, Stephen)

Dec. 4, 2020

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NOTICE of Appearance by Richard Manthe on behalf of Tony Evers. Attorney(s) appearing: Richard A. Manthe (Manthe, Richard)

Dec. 4, 2020

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NOTICE of Appearance by Paul M Smith on behalf of Tony Evers. Attorney(s) appearing: Paul M. Smith (Smith, Paul)

Dec. 4, 2020

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7(h) Expedited NON-DISPOSITIVE MOTION to Intervene by James Gesbeck. (Attachments: # 1 Certificate of Service)(lz)

1 Certificate of Service

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Dec. 4, 2020

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MOTION for Leave to File Excess Pages by Tony Evers. (Mandell, Jeffrey)

Dec. 4, 2020

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NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)

Dec. 4, 2020

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TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/4/2020 re 34 MOTION for Leave to File Excess Pages filed by Tony Evers: The defendant seeks leave to file a brief in excess of the thirty pages allowed by Civil L.R. 7(f) because he proposes to both oppose the plaintiff's amended motion for injunctive relief and support his own, not yet filed motion to dismiss in the same pleading. The court appreciates any party's effort to streamline litigation, but would prefer that the defendant file separate briefs opposing the plaintiff's amended motion and supporting his own. This will avoid confusion when the plaintiff responds. The court DENIES the defendant's motion for leave to file excess pages. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)

Dec. 4, 2020

Dec. 4, 2020

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ORDER signed by Chief Judge Pamela Pepper on 12/4/2020 allowing James Gesbeck to file amicus curiae brief by 5:00 PM on 12/7/2020. (cc: all counsel, via mail to James Gesbeck)(cb)

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Terminate Party - Notice Attorneys

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TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/5/2020 re 22 MOTION to Intervene filed by Democratic National Committee signed by Chief Judge Pamela Pepper on 12/5/2020: Under Civil L.R. 7(b), the plaintiff's response is due by December 25, 2020; because December 25 is a federal holiday, the court ORDERS that the plaintiff's response is due by December 28, 2020. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)

Dec. 5, 2020

Dec. 5, 2020

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TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/05/2020 re 33 MOTION to Intervene filed by James Gesbeck: Under Civil L.R. 7(h), the plaintiff's response is due by Friday, December 11, 2020. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)

Dec. 5, 2020

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Expedited MOTION to Intervene by Democratic National Committee. (Umberger, Michelle)

Dec. 5, 2020

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Text Only Order

Dec. 5, 2020

Dec. 5, 2020

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ORDER signed by Chief Judge Pamela Pepper on 12/6/2020. 40 Movant DNC's expedited motion to intervene GRANTED to extent that court has expedited its ruling on original motion to intervene. 22 Movant DNC's original motion to intervene DENIED. Movant DNC may file amicus curiae brief by 5:00 PM on 12/7/2020. (cc: all counsel)(cb)

Dec. 6, 2020

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BRIEF in Support filed by William Feehan re 10 Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF Amended Brief. (Dean, Michael)

Dec. 6, 2020

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MOTION To File Separate Reply Briefs by William Feehan. (Dean, Michael)

Dec. 6, 2020

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MOTION To Hold Consolidated Evidentiary Hearing/Trial by William Feehan. (Dean, Michael)

Dec. 6, 2020

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TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/7/2020 re 43 MOTION To File Separate Reply Briefs filed by William Feehan: The court GRANTS the plaintiff's motion for leave to file separate reply briefs. If the defendants file a single opposition brief, the plaintiff must file one reply to that brief. If the defendants file separate opposition briefs, the plaintiff may file a reply for each opposition brief. The plaintiff also may file a separate reply for each brief filed by an amicus. (In other words, the plaintiff could file up to four reply briefs if the defendants file separate briefs and each amicus files a brief.) If the defendants file a separate motion to dismiss, the plaintiff may file an opposition brief of up to thirty pages under Civil L.R. 7(b). NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)

Dec. 7, 2020

Dec. 7, 2020

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NOTICE of Hearing: Status Conference set for 12/8/2020 at 11:00 AM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 888-557-8511 and entering access code 4893665#. (cc: all counsel)(cb)

Dec. 7, 2020

Dec. 7, 2020

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RESPONSE to Motion filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission re 44 MOTION To Hold Consolidated Evidentiary Hearing/Trial . (Murphy, Sean)

Dec. 7, 2020

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AMICUS BRIEF in Opposition to 6 MOTION for Injunctive Relief filed by James Gesbeck. (asc)

Dec. 7, 2020

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NOTICE of Appearance by David S Lesser on behalf of Democratic National Committee. Attorney(s) appearing: David S. Lesser (Lesser, David)

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NOTICE of Appearance by Jamie Dycus on behalf of Democratic National Committee. Attorney(s) appearing: Jamie S. Dycus (Dycus, Jamie)

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NOTICE of Appearance by Stephen Morrissey on behalf of Tony Evers. Attorney(s) appearing: Stephen E. Morrissey (Morrissey, Stephen)

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MOTION to Dismiss Plaintiff's Amended Complaint by Tony Evers. (Mandell, Jeffrey)

Dec. 7, 2020

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RESPONSE to Motion filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission re 2 MOTION for Temporary Restraining Order . (Murphy, Sean)

Dec. 7, 2020

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MOTION to Dismiss by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission. (Murphy, Sean)

Dec. 7, 2020

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BRIEF in Support filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission re 53 MOTION to Dismiss . (Murphy, Sean)

Dec. 7, 2020

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BRIEF in Opposition filed by Tony Evers re 10 Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF . (Attachments: # 1 Exhibit 1 WVA v. WEC, # 2 Exhibit 2 Trump v. Boockvar, # 3 Exhibit 3 Wood v. Raffensperger, # 4 Exhibit 4 Wood v. Raffensperger (11th Cir.), # 5 Exhibit 5 King v. Whitmer TRO Decision, # 6 Exhibit 6 Zilisch v. R.J. Reynolds, # 7 Exhibit 7 Consolidate Water v..40 Acres, # 8 Exhibit 8 Jefferson v. Dane County, # 9 Exhibit 9 Bognet v. Secretary of Commonwealth, # 10 Exhibit 10 O'Bright v. Lynch Order, # 11 Exhibit 11 Trump v. Evers Order)(Mandell, Jeffrey)

1 Exhibit 1 WVA v. WEC

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2 Exhibit 2 Trump v. Boockvar

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3 Exhibit 3 Wood v. Raffensperger

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4 Exhibit 4 Wood v. Raffensperger (11th Cir.)

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5 Exhibit 5 King v. Whitmer TRO Decision

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6 Exhibit 6 Zilisch v. R.J. Reynolds

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7 Exhibit 7 Consolidate Water v. .40 Acres

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8 Exhibit 8 Jefferson v. Dane County

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9 Exhibit 9 Bognet v. Secretary of Commonwealth

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10 Exhibit 10 O'Bright v. Lynch Order

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11 Exhibit 11 Trump v. Evers Order

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Dec. 7, 2020

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MOTION for Leave to File Amicus Curiae Brief by Wisconsin State Conference NAACP, Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss. (Goode, Joseph)

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BRIEF in Opposition filed by Democratic National Committee re 10 Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF . (Attachments: # 1 Exhibit 1 - Washington Voters Alliance Case, # 2 Exhibit 2 - Trump v. Evers Case, # 3 Exhibit 3 - Mueller v. Jacobs Case, # 4 Exhibit 4 - King v. Benson Case, # 5 Exhibit 5 - March 29, 2020 Guidance, # 6 Exhibit 6 - Jefferson v. Dane Case, # 7 Exhibit 7 - October 18, 2016 Guidance, # 8 Exhibit 8 - Election Manual, # 9 Exhibit 9 - November 10, 2020 Guidance)(Umberger, Michelle)

1 Exhibit 1 - Washington Voters Alliance Case

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2 Exhibit 2 - Trump v. Evers Case

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3 Exhibit 3 - Mueller v. Jacobs Case

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4 Exhibit 4 - King v. Benson Case

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5 Exhibit 5 - March 29, 2020 Guidance

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6 Exhibit 6 - Jefferson v. Dane Case

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7 Exhibit 7 - October 18, 2016 Guidance

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8 Exhibit 8 - Election Manual

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9 Exhibit 9 - November 10, 2020 Guidance

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UNPUBLISHED Decision Pursuant to Civil L.R. 7(J) filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission (Attachments: # 1 Exhibit 1- Martel v. Condos, # 2 Exhibit 2- Moore v. Circosta, # 3 Exhibit 3- Donald J. Trump for President v. Cegavske, # 4 Exhibit 4- Bognet v. Secretary of the Commonwealth of Pennsylvania, # 5 Exhibit 5- Donald J. Trump for President v. Boockvar, # 6 Exhibit 6- Donald J. Trump for President v. Pennsylvania, # 7 Exhibit 7- Wood v. Raffensperger, # 8 Exhibit 8- King v. Whitmer)(Murphy, Sean)

1 Exhibit 1- Martel v. Condos

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2 Exhibit 2- Moore v. Circosta

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3 Exhibit 3- Donald J. Trump for President v. Cegavske

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4 Exhibit 4- Bognet v. Secretary of the Commonwealth of Pennsylvania

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5 Exhibit 5- Donald J. Trump for President v. Boockvar

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6 Exhibit 6- Donald J. Trump for President v. Pennsylvania

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7 Exhibit 7- Wood v. Raffensperger

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8 Exhibit 8- King v. Whitmer

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BRIEF in Support filed by Tony Evers re 51 MOTION to Dismiss Plaintiff's Amended Complaint . (Attachments: # 1 Exhibit 1 Whitake v. Kenosha, # 2 Exhibit 2 Bognet v. Secretary of Commenwealth, # 3 Exhibit 3 Hotze v. Hollins, # 4 Exhibit 4 Wood v. Raffensperger, # 5 Exhibit 5 Wood v. Raffensperger (11th Cir.), # 6 Envelope 6 Moore v. Circosta, # 7 Exhibit 7 Trump v. Evers, # 8 Exhibit 8 WVA v. WEC, # 9 Exhibit 9 Trump Notice of Appeal, # 10 Exhibit 10Trump v. Biden Consolidation Order, # 11 Exhibit 11 Andino v. Middleton, # 12 Exhibit 12 Massey v. Coon, # 13 Exhibit 13 Balsam v. New Jersey, # 14 Exhibit 14 Thompson v. Alabama, # 15 Exhibit 15 Braynard Expert Report)(Mandell, Jeffrey)

1 Exhibit 1 Whitake v. Kenosha

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2 Exhibit 2 Bognet v. Secretary of Commenwealth

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3 Exhibit 3 Hotze v. Hollins

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4 Exhibit 4 Wood v. Raffensperger

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5 Exhibit 5 Wood v. Raffensperger (11th Cir.)

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6 Envelope 6 Moore v. Circosta

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7 Exhibit 7 Trump v. Evers

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8 Exhibit 8 WVA v. WEC

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9 Exhibit 9 Trump Notice of Appeal

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10 Exhibit 10Trump v. Biden Consolidation Order

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11 Exhibit 11 Andino v. Middleton

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12 Exhibit 12 Massey v. Coon

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13 Exhibit 13 Balsam v. New Jersey

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14 Exhibit 14 Thompson v. Alabama

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15 Exhibit 15 Braynard Expert Report

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Dec. 7, 2020

Dec. 7, 2020

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60

BRIEF in Opposition filed by Tony Evers re 44 MOTION To Hold Consolidated Evidentiary Hearing/Trial . (Mandell, Jeffrey)

Dec. 7, 2020

Dec. 7, 2020

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Text Only Order

Dec. 7, 2020

Dec. 7, 2020

PACER
61

NOTICE of Appearance by Jon Greenbaum on behalf of Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP. Attorney(s) appearing: Jon Greenbaum (Greenbaum, Jon)

Dec. 8, 2020

Dec. 8, 2020

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NOTICE of Appearance by Allison E Laffey on behalf of Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP. Attorney(s) appearing: Allison E. Laffey (Laffey, Allison)

Dec. 8, 2020

Dec. 8, 2020

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63

NOTICE of Appearance by John W Halpin on behalf of Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP. Attorney(s) appearing: John W. Halpin (Halpin, John)

Dec. 8, 2020

Dec. 8, 2020

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NOTICE of Appearance by Mark M Leitner on behalf of Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP. Attorney(s) appearing: Mark M. Leitner (Leitner, Mark)

Dec. 8, 2020

Dec. 8, 2020

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NOTICE of Appearance by Joseph S Goode on behalf of Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP. Attorney(s) appearing: Joseph S. Goode (Goode, Joseph)

Dec. 8, 2020

Dec. 8, 2020

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NOTICE of Appearance by Ezra D Rosenberg on behalf of Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP. Attorney(s) appearing: Ezra D. Rosenberg (Rosenberg, Ezra)

Dec. 8, 2020

Dec. 8, 2020

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NOTICE of Appearance by Jacob Conarck on behalf of Wisconsin State Conference NAACP. Attorney(s) appearing: Jacob P. Conarck (Conarck, Jacob)

Dec. 8, 2020

Dec. 8, 2020

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68

NOTICE of Appearance by Seth P Waxman on behalf of Democratic National Committee. Attorney(s) appearing: Seth P. Waxman (Waxman, Seth)

Dec. 8, 2020

Dec. 8, 2020

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ORDER signed by Chief Judge Pamela Pepper on 12/8/2020 GRANTING 56 Motion for Leave to File Amicus Curiae Brief filed by Earnestine Moss, Dorothy Harrell, Wisconsin State Conference NAACP, Wendell J. Harris, Sr. (cc: all counsel)(cb)

Dec. 8, 2020

Dec. 8, 2020

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Audio of statue conference held on 12/8/2020 at 11:08 a.m.; File Size (51.1 MB) (kgw)

Dec. 8, 2020

Dec. 8, 2020

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Court Minutes and Order from the Status Conference held before Chief Judge Pamela Pepper on 12/8/2020. The court DENIES the 44 Motion for Consolidated Evidentiary Hearing and Trial on the Merits. The court ORDERS the plaintiff to file his responses to the motions to dismiss (Dkt. Nos. 51 and 53) and reply brief in support of his motion for injunctive relief (Dkt. No. 10) by December 8, 2020 at 5 p.m. CST. The court ORDERS that if the defendants and amici wish to file reply briefs in support of the motions to dismiss, they must do so by December 9, 2020 at 3 p.m. CST. (Court Reporter Thomas Malkiewicz.) (kgw)

Dec. 8, 2020

Dec. 8, 2020

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BRIEF in Opposition filed by William Feehan re 51 MOTION to Dismiss Plaintiff's Amended Complaint, 10 Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF, 53 MOTION to Dismiss and Consolidated in Reply/Response to Response Briefs of Defendants and Opposition Briefs of Amici. (Attachments: # 1 Exhibit, # 2 Exhibit)(Dean, Michael)

1 Exhibit

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2 Exhibit

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Dec. 8, 2020

Dec. 8, 2020

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REPLY BRIEF in Support filed by Tony Evers re 51 MOTION to Dismiss Plaintiff's Amended Complaint . (Attachments: # 1 Exhibit 1 American Commercial Barge Lines v. Reserve FTL, # 2 Exhibit 2 Trump v. Secretary of Pennsylvania)(Mandell, Jeffrey)

1 Exhibit 1 American Commercial Barge Lines v. Reserve FTL

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2 Exhibit 2 Trump v. Secretary of Pennsylvania

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Dec. 9, 2020

Dec. 9, 2020

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74

ORDER signed by Chief Judge Pamela Pepper on 12/9/2020. 14 James Gesbeck's motion to intervene DENIED. 33 James Gesbeck's Civil LR 7(h) motion to intervene GRANTED to extent it asks the court to expedite ruling on motion to intervene and DENIED to extent it asks the court to grant motion to intervene. (cc: all counsel)(cb)

Dec. 9, 2020

Dec. 9, 2020

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MOTION to Seal Document Public Motion Prior to Filing Sealed/Restricted Exhibits by William Feehan. (Attachments: # 1 Exhibit, # 2 Exhibit)(Dean, Michael)

1 Exhibit

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2 Exhibit

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Dec. 9, 2020

Dec. 9, 2020

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BRIEF in Support filed by William Feehan re 75 MOTION to Seal Document Public Motion Prior to Filing Sealed/Restricted Exhibits . (Dean, Michael)

Dec. 9, 2020

Dec. 9, 2020

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REPLY BRIEF in Support filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission re 53 MOTION to Dismiss . (Murphy, Sean)

Dec. 9, 2020

Dec. 9, 2020

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UNPUBLISHED Decision Pursuant to Civil L.R. 7(J) filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission (Attachments: # 1 Exhibit 1- King, # 2 Exhibit 2- Bognet, # 3 Exhibit 3- Boockvar, # 4 Exhibit 4- Hotze, # 5 Exhibit 5- Massey, # 6 Exhibit 6- Aguila Management, # 7 Exhibit 7- Solow Building Co.)(Murphy, Sean)

1 Exhibit 1- King

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2 Exhibit 2- Bognet

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3 Exhibit 3- Boockvar

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4 Exhibit 4- Hotze

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5 Exhibit 5- Massey

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6 Exhibit 6- Aguila Management

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7 Exhibit 7- Solow Building Co.

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Dec. 9, 2020

Dec. 9, 2020

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BRIEF in Opposition filed by Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP re 6 MOTION to Amend/Correct Docket # 2: PLAINTIFFS MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF, 10 Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF . (Goode, Joseph)

Dec. 9, 2020

Dec. 9, 2020

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NOTICE of Appearance by Christopher Bouchoux on behalf of Democratic National Committee. Attorney(s) appearing: Christopher Bouchoux (Bouchoux, Christopher)

Dec. 9, 2020

Dec. 9, 2020

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NOTICE by Tony Evers Notice of Supplemental Authority (Brook, Davida)

Dec. 9, 2020

Dec. 9, 2020

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ORDER signed by Chief Judge Pamela Pepper on 12/9/2020 DENYING 75 plaintiff's Motion to Seal Document Public Motion Prior to Filing Sealed/Restricted Exhibits. (cc: all counsel)(cb)

Dec. 9, 2020

Dec. 9, 2020

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VACATED Pursuant to 2/16/2021 Order ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 12/9/2020. 51 Defendant Evers's motion to dismiss plaintiff's amended complaint GRANTED. 53 Defendants Wisconsin Elections Commission an d its Members motion to dismiss GRANTED. 6 Plaintiff's corrected motion for declaratory, emergency and permanent injunctive relief DENIED as moot. 10 Plaintiff's amended motion for temporary restraining order and preliminary injunction to be considered in an expedited manner DENIED as moot. 9 Plaintiff's amended complaint for declaratory, emergency and permanent injunctive relief DISMISSED. (cc: all counsel)(cb) Modified on 10/18/2023 (vkb)

Dec. 9, 2020

Dec. 9, 2020

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NOTICE OF APPEAL as to 83 Order Dismissing Case,,, Terminate Motions,, by William Feehan. Filing Fee PAID $505, receipt number AWIEDC-3664794 (cc: all counsel) (Dean, Michael)

Dec. 10, 2020

Dec. 10, 2020

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VACATED Pursuant to 2/16/2021 Order JUDGMENT signed by Deputy Clerk and approved by Chief Judge Pamela Pepper on 12/9/2020 (cc: all counsel)(cb) Modified on 10/18/2023 (vkb)

Dec. 10, 2020

Dec. 10, 2020

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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 84 Notice of Appeal (lmf)

Dec. 10, 2020

Dec. 10, 2020

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Attorney Cover Letter re: 84 Notice of Appeal (Attachments: # 1 Docket Sheet)(lmf)

1 Docket Sheet

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Dec. 10, 2020

Dec. 10, 2020

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USCA Case Number 20-3396 re: 84 Notice of Appeal filed by William Feehan. (lmf)

Dec. 10, 2020

Dec. 10, 2020

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NOTICE of Appearance by Joseph J Yu on behalf of Democratic National Committee. Attorney(s) appearing: Joseph J. Yu (Yu, Joseph)

Dec. 15, 2020

Dec. 15, 2020

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90

AMENDED NOTICE OF APPEAL as to 85 Judgment, 83 Order Dismissing Case,,, Terminate Motions,, by William Feehan. (cc: all counsel) (Dean, Michael) Modified on 12/16/2020 (lmf).

Dec. 15, 2020

Dec. 15, 2020

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USCA Case Number 20-3448 re: 90 Amended Notice of Appeal filed by William Feehan. (Attachments: # 1 Circuit Rule 3(b) Notice)(lmf) (Entered: 12/17/2020)

1 Circuit Rule 3(b) Notice

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Dec. 15, 2020

Dec. 15, 2020

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91

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 90 Notice of Appeal (lmf)

Dec. 16, 2020

Dec. 16, 2020

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Attorney Cover Letter re: 90 Amended Notice of Appeal (Attachments: # 1 Docket Sheet)(lmf)

1 Docket Sheet

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Dec. 16, 2020

Dec. 16, 2020

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USCA Mandate (certified copy) as to 84 Notice of Appeal filed by William Feehan USCA Number 20-3396. IT IS ORDERED that appeal no. 20-3396 is voluntarily DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b). Dismissal is without prejudice to appellant pursuing his claims in appeal no. 20-3448. (lmf)

Dec. 22, 2020

Dec. 22, 2020

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Case Details

State / Territory: Wisconsin

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: Dec. 1, 2020

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

A registered Wisconsin Votor and nominee of the Republican Party to be a Presidential Elector on behalf of the State of Wisconsin.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wisconsin Elections Commission, State

Member of the Wisconsin Elections Commission, State

Member of the Wisconsin Elections Commission, State

Member of the Wisconsin Elections Commission, State

Member of the Wisconsin Elections Commission, State

Member of the Wisconsin Elections Commission, State

Member of the Wisconsin Elections Commission, State

Governor of the State of Wisconsin, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 2020 - None

Issues

Voting:

Election administration