No.

14-2526

IN THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT


VIRGINIA WOLF, et al.,

Plaintiffs-Appellees,

v.

SCOTT WALKER, et al.,

Defendants-Appellants.


WISCONSIN STATE APPELLANTS OBJECTION TO ORDER
EXPEDITING BRIEFING SCHEDULE AND MOTION FOR AN
EXTENSION OF TIME TO FILE OPENING BRIEF
AND FOR LEAVE TO FILE A REPLY BRIEF


Wisconsin State Appellants
1
object to the Courts order granting Plaintiffs
motion to expedite (7th Cir. Dkt. 6). Wisconsin State Appellants move the
Court for a short five-day extension to file their opening brief and leave to file
a reply brief. Wisconsin State Appellants do not object to the Courts order to

1
Defendants-Appellants Scott Walker, J.B. Van Hollen, and Oskar Anderson are
collectively referred to as the Wisconsin State Appellants and individually by last
name. Plaintiffs-Appellees will be referred to collectively as Plaintiffs.
Case: 14-2526 Document: 7 Filed: 07/14/2014 Pages: 6
- 2 -

the extent it consolidates this case with Baskin v. Bogan, Case No. 14-2386
(7th Cir.). In support of their motion, Wisconsin State Appellants state the
following:
1. On June 10, 2014, Wisconsin State Appellants filed a notice of
appeal (Dist. Ct. Dkt. 143) and docketing statement (Dist. Ct. Dkt. 144) with
the United States District Court for the Western District of Wisconsin. The
next day, Plaintiffs filed a motion to expedite and consolidate (7th Cir.
Dkt. 3), and the Court granted it (7th Cir. Dkt. 6) before Wisconsin State
Appellants responded. The order consolidated this case with Baskin v.
Bogan, Case No. 14-2386 (7th Cir.), set an expedited briefing schedule, and
provided an opportunity for Wisconsin State Appellants to file a response
explaining their objection. Otherwise, extensions of time to file will not be
granted absent extraordinary circumstances. (7th Cir. Dkt. 6).
2. Wisconsin State Appellants object to the Courts order expediting
the briefing schedule for two reasons.
3. First, the Courts order did not contemplate a reply brief (7th Cir.
Dkt. 6). Wisconsin State Appellants request that the Court grant them leave
to file a reply brief, not less than seven days after Plaintiffs file
their response brief. This would be consistent with the briefing schedule in
Baskin, where the appellees brief is due by July 29, 2014, and the appellants
reply is due August 5, 2014 (Case No. 14-2386, 7th Cir. Dkt. 14).
Case: 14-2526 Document: 7 Filed: 07/14/2014 Pages: 6
- 3 -

4. Second, Wisconsin State Appellants request a short, five-day
extension of time to file their opening brief, until Monday, July 28, 2014. In
their motion, Plaintiffs suggested a briefing schedule that provided fourteen
days for Wisconsin State Appellants to file their opening brief (7th Cir.
Dkt. 3). In its order, the Court provided two fewer days (7th Cir. Dkt. 6).
5. Even where proceedings have been expedited, appellants in other
same-sex marriage appellate litigation have been provided significantly more
than twelve days to file an opening appellate brief. See Kitchen v. Herbert,
Case No. 13-4178 (10th Cir. Dkt. 01019177155 at 2; 10th Cir. Dkt. 10136661)
(10th Cir. Dec. 24, 2013) (opening brief due 28 days after order expediting
appeal); Bostic v. Schaefer, Case No. 14-1167 (4th Cir.), (4th Cir. Dkt. 12;
4th Cir. Dkt. 38) (opening brief due 31 days after order expediting appeal);
Latta v. Otter, Case No. 14-35420 (9th Cir.) (9th Cir. Dkt. 11) (opening brief
due 30 days after order expediting appeal). Even in Baskin, in a proceeding
involving a terminally ill plaintiff, this Court provided 14 days to file an
opening appellate brief.
6. Wisconsin State Appellants request that the Court extend its
briefing schedule and order that their opening brief be filed by July 28, 2014;
that Plaintiffs response brief be filed by August 11, 2014; and grant
Wisconsin State Appellants leave to file a reply brief seven days thereafter,
by August 18, 2014.
Case: 14-2526 Document: 7 Filed: 07/14/2014 Pages: 6
- 4 -

7. A short, five-day extension of time is not unreasonable in this case
presenting exceptional issues of national importance.
2
Wisconsin State
Appellants proposed briefing schedule would provide for this appeal to be
fully briefed by mid-August and would not significantly delay the
proceedings.
WHEREFORE, Wisconsin State Appellants respectfully request that the
Court grant the instant motions and order that:
1. Wisconsin State Appellants opening brief shall be filed by July 28,
2014;
2. Plaintiffs response brief shall be filed by August 11, 2014; and

2
On July 11, 2014, Indiana State Appellants filed a petition for initial hearing
en banc (Case No. 14-2526, 7th Cir. Dkt. 3). Contemporaneous with this motion,
Wisconsin State Appellants are adopting and joining Indiana State Appellants
petition. If the Court grants Indiana State Appellants motion and orders the initial
hearing en banc, Wisconsin State Appellants may request the Court revisit its
briefing schedule.
Case: 14-2526 Document: 7 Filed: 07/14/2014 Pages: 6
- 5 -

3. Wisconsin State Appellants may file a reply brief by August 18,
2014.
Dated this 14th day of July, 2014.
Respectfully submitted,

J.B. VAN HOLLEN
Attorney General

s/Timothy C. Samuelson
TIMOTHY C. SAMUELSON
Assistant Attorney General
State Bar #1089968

THOMAS C. BELLAVIA
Assistant Attorney General
State Bar #1030182

CLAYTON P. KAWSKI
Assistant Attorney General
State Bar #1066228

Attorneys for Defendants,
Scott Walker, J.B. Van Hollen,
and Oskar Anderson

Wisconsin Department of Justice
Post Office Box 7857
Madison, Wisconsin 53707-7857
(608) 266-3542 (Samuelson)
(608) 266-8690 (Bellavia)
(608) 266-7477 (Kawski)
(608) 267-2223 (fax)
samuelsontc@doj.state.wi.us
bellaviatc@doj.state.wi.us
kawskicp@doj.state.wi.us
Case: 14-2526 Document: 7 Filed: 07/14/2014 Pages: 6
- 6 -

CERTIFICATE OF SERVICE

I hereby certify that on July 14, 2014, I electronically filed Wisconsin
State Appellants Objection to Order Expediting Briefing Schedule and
Motion for an Extension of Time to File Opening Brief and for Leave to File a
Reply Brief with the Clerk of the Court for the United States Court of Appeals
for the Seventh Circuit by using the CM/ECF system.
All parties are registered CM/ECF users and are being served by the
CM/ECF system.
Dated this 14th day of July, 2014.


s/Timothy C. Samuelson
TIMOTHY C. SAMUELSON
Assistant Attorney General
Case: 14-2526 Document: 7 Filed: 07/14/2014 Pages: 6