Last Updated: September 23, 2019 at 10:51 AM

Gill v. Whitford

Case Information

Date Filed / Ended: July 8, 2015 / August 19, 2019
State: Wisconsin
Issue: Redistricting
Courts that Heard this Case: U.S. District Court for the Western District of Wisconsin (Case 3:15-cv-00421); U.S. Supreme Court (Case 16-1161)

Issue:

Whether Wisconsin's redistricting plan violates the Equal Protection Clause of the 14th Amendment, the First Amendment right to freedom of association, and plaintiffs' civil rights under 42 U.S.C. 1982 and 1988.

Status:

Complaint filed 7/8/15. Opinion and Order denying defendants' motion to dismiss filed 12/17/15. Opinion and Order denying defendants' motion for summary judgment filed 4/7/16. Trial briefs filed 5/16/16. Post-trial briefs filed 6/10/16. Opinion finding Assembly Districts unconstitutionally drawn filed 11/21/16. Briefs on Remedies filed 12/21/16. Opinion and Order on Remedy filed 1/27/17. Notice of Appeal to U.S. Supreme Court filed 2/24/17. Jurisdictional Statement filed 3/24/17. Amicus Briefs filed 4/24/17. Motion to Affirm filed 5/8/17. Memo in Opposition filed 5/18/17. Stay Application filed 5/22/17. Order Granting Stay filed 6/19/17. Appellants' Brief filed 7/28/17. Joint Appendix filed 7/28/17. Appellees' Brief filed 8/28/17. Many Amicus Briefs filed in Aug. and Sept. Appellants' Reply Brief filed 9/19/17. Oral Argument Transcript filed 10/3/17. Opinoin Remanding Case on Standing Grounds: under the Wisconsin Constitution, the legislature must redraw the boundaries of those distrcts following each census filed 6/18/18. Amended Complaint filed 9/14/18. Currently proposing canidates for Special Masters. Motion to Intervene granted filed 11/13/18. Emergency Motion to Stay filde 1/7/19. Scheduling Order: Court Trial set for 7/15/2019 - 7/18/2019 at 09:00 AM. Signed by District Judge James D. Peterson on 2/1/2019. Stipulated Motion to Enter Protective Order 3/29/19. Order Granting in Part and Denying in part Non-Party Movants' Motions to Quash 4/10/19.Order Granting Plaintiffs' Motion to Compel Discovery 5/3/19. Emergency Motion to Stay 5/10/19. Order Denying Motion to Stay 5/13/19. Pretrial Disclosures 6/14/19. Plaintiffs' Motion For Dismissal For Lack Of Jurisdiciton 6/28/19. Motion for Attorney Fees 7/15/19. Plaintiffs' Opposition to Motion for Attorney's Fees 7/29/19. 

U.S. Supreme Court Documents

• Jurisdictional Statement (filed 3/24/17)
• Amicus Brief of Wisconsin Institute for Law and Liberty (filed 4/24/17)
• Amicus Brief of Texas et al (filed 4/24/17)
• Amicus Brief of Wisconsin State Senate et al (filed 4/24/17)
• Amicus Brief of Judicial Watch and Allied Educational Foundation (filed 4/24/17)
• Amicus Brief of Republican National Committee et al (filed 4/24/17)
• Motion to Affirm (filed 5/8/17)
• Memo in Opposition to Motion to Affirm (filed 5/18/17)
• Motion for Stay Pending Appeal (filed 5/22/17)
• Amici Brief of Wisconsin State Senate et al (filed 5/25/17)
• Response to Stay Application (filed 6/7/17)
• Reply in Support of Stay Application (filed 6/8/17)
• Order Granting Stay (filed 6/19/17)
• Appellants' Brief (filed 7/28/17)
• Amicus Curiae Brief of Republican National Committee (filed 8/3/17)
• Amicus Brief of Judicial Watch and Allied Educational Foundation (filed 8/3/17)
• Amicus Brief of Tennessee State Senators (filed 8/3/17)
• Amicus Brief of Wisconsin Institute of Law and Liberty (filed 8/4/17)
• Amicus Brief of Majority Leader of NY State Senate (filed 8/4/17)
• Amicus Brief of Texas et al (filed 8/4/17)
• Amicus Brief of Wisconsin State Senate and Assembly (filed 8/4/17)
• Amicus Brief of Southeastern Legal Foundation (filed 8/4/17)
• Amicus Brief of Legacy Foundation (filed 8/4/17)
• Amicus Brief of Republican State Leadership Committee (filed 8/4/17)
• Amicus Brief of National Republican Congressional Committee (filed 8/4/17)
• Amicus Brief of Wisconsin Manufacturers and Commerece (filed 8/4/17)
• Amicus Brief of Plaintiffs in Maryland Redistricting Litigation (filed 8/4/17)
• Amicus Brief of ACLU (filed 8/4/17)
• Amicus Brief of Eric McGhee (filed 8/10/17)
• Amicus Brief of Bernard Grofman and Ronald Keith Gaddie (filed 8/10/17)
• Appellees' Brief (filed 8/28/17)
• Amicus Brief of Heather Gerken et al (filed 8/30/17)
• Amicus Brief of Eric Lander (filed 8/31/17)
• Amicus Brief of 44 Election Law, Scientific Evidence, and Empirical Legal Scholars (filed 9/1/17)
• Amicus Brief of NAACP LDF et al (filed 9/1/17)
• Amicus Brief of Colleagues of Professor Norman Dorson (filed 9/1/17)
• Amicus Brief of ACLU of NY and ACLU of WI (filed 9/1/17)
• Amicus Brief of Brennan Center for Justice (filed 9/5/17)
• Amicus Brief of Republican Statewide Officials in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Current Members of Congress and Bipartisan Former Members of Congress in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Bipartisan Group of Current and Former Members of Congress in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Senators John McCain and Sheldon Whitehouse in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Historians in Support of Appellees (filed September 5, 2017)
• Amicus Brief of American Jewish Committee, et al. in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Political Science Professors in Support of Appeelles and Affirmance (filed September 5, 2017)
• Amicus Brief of Bipartisan Group of 65 Current and Former State Legislators in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Law Professors in Support of Appellees (Karlan et al.) (filed September 5, 2017)
• Amicus Brief of Constitutional Law Professors in Support of Appellees (Sullivan et al.) (filed September 5, 2017)
• Amicus Brief of Election Law and Constitutional Law Scholars in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Common Cause in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Political Geography Scholars in Support of Appellees (filed September 5, 2017)
• Amicus Brief of League of Conservation Voters, et al. in Support of Appelles (filed September 5, 2017)
• Amicus Brief of David Boyle in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Represent.Us and Richard Painter in Support of Appellees (filed September 5, 2017)
• Amicus Brief of International Municipal Lawyers Association, et al. in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Robin Best, et al. in Support of Appellees (filed September 5, 2017)
• Amicus Brief of States of Oregon, Alaska, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Massachusetts, Minnesota, New Mexico, New York, Rhode Island, Vermont, Washington, and the District of Columbia in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Center for Media and Democracy in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Georgia State Conference of the NAACP, et al. in Support of Appellees (filed September 5, 2017)
• Amicus Brief of California Citizens Redistricting Commission and FairDistricts Now Inc. in Support of Appellees (filed September 5, 2017)
• Amicus Brief of Professor D. Theodore Rave in Support of Appellees (filed September 5, 2017)
• Amicus Brief of FairVote and One Nation One Vote in Support of Appellees (filed September 5, 2017)
• Amicus Brief of League of Women Voters (filed September 5, 2017)
• Appellants' Reply Brief (filed 9/19/17)
• Oral Argument Transcript (filed 10/3/17)
• Opinion Remanding Case on Standing Grounds (filed 6/18/18)

District Court Documents

• Complaint and Exhibits (filed 07/08/15)
• Defendants' Motion to Dismiss (filed 08/18/15)
• Defendants' Brief in Support of Motion to Dismiss (filed 08/18/15)
• Order (filed 09/23/15)
• Plaintiffs' Response to Motion to Dismiss (filed 09/29/15)
• Transcript of hearing re: Motion to Dismiss (filed 11/04/15)
• Opinion and Order denying Motion to Dismiss (filed 12/17/15)
• Motion for Summary Judgment (filed 01/04/16)
• Defendant's Brief in Support of Motion for Summary Judgment (filed 01/04/16)
• Proposed Findings of Fact re: Motion for Summary Judgment (filed 01/04/16)
• Amended Answer (filed 01/15/16)
• Response to Proposed Findings of Fact by Plaintiffs (filed 01/25/16)
• Brief in Opposition by Plaintiffs re: Motion for Summary Judgment (filed 01/25/16)
• Additional Proposed Findings of Fact filed by Plaintiffs (filed 01/25/16)
• Brief in Reply by Defendants (filed 02/04/16)
• Reply in Support of Proposed Findings of Fact filed by Defendants (filed 02/04/16)
• Defendants' Response to Proposed Findings of Fact (filed 02/04/16)
• Plaintiffs' Reply in Support of Proposed Findings of Fact (filed 02/16/16)
• Order re: Motion for Summary Judgment (filed 04/07/16)
• Proposed Special Verdict - Liability by Defendants (filed 05/09/16)
• Proposed Findings of Fact by Defendants (filed 05/09/16)
• Proposed Special Verdict - Liability by Plaintiffs (filed 05/09/16)
• Proposed Findings of Fact by Plaintiffs (filed 05/09/16)
• Plaintiffs' Amended Proposed Findings of Fact (filed 05/20/16)
  • Supplemental
• Defendants' Post-Trial Brief (filed 06/10/16)
• Plaintiffs' Post-Trial Brief (filed 06/10/16)
• Defendants' Post-Trial Brief (filed 06/20/16)
• Plaintiffs' Post-Trial Reply Brief (filed 06/20/16)
• Stipulated Motion to Substitute Party by Plaintiffs (filed 06/23/16)
  • Exhibit - 2015 Wisconsin Act 118 Proposed Implementation Plan
• Brief in Opposition by Defendants (filed 06/23/16)
• Plaintiffs' Reply in Support of Motion for Miscellaneous Relief, to Admit Certain Trial Exhibits and Statements from Learned Treatises Into Evidence (filed 06/30/16)
• Plaintiffs' Reply in Support of Motion for Leave to File the Second Declaration of Dr. Kenneth Mayer (filed 06/30/16)
• Notice of Supplemental Authority by Plaintiffs (filed 8/1/16)
  • Exhibit
• Opinion Finding Assembly Districts Unconstitutionally Drawn (filed 11/21/16)
• Plaintiffs' Motion for Clarification on Admission of Exhibits (filed 12/9/16)
• Defendants' Response to Motion for Clarification (filed 12/16/16)
• Defendants' Brief on Remedies (filed 12/21/16)
• Plaintiffs' Brief on Remedies (filed 12/21/16)
• Plaintiffs' Response Brief on Remedies (filed 1/5/17)
• Defendants' Notice of Supplemental Authority (filed 1/12/17)
• Opinion and Order on Remedy (filed 1/27/17)
  • Judgment (filed 1/27/17)
• Motion to Alter or Amend Judgment to Retain Jurisdiction Over Remedy (filed 2/6/17)
• Brief in Opposition to Motion to Alter or Amend Judgment (filed 2/14/17)
• Reply to Brief in Opposition (filed 2/16/17)
• Amended Judgment Retaining Jurisdiction Over Matter (filed 2/22/17)
• Notice of Appeal to U.S. Supreme Court (filed 2/24/17)
• Corrected Judgment (filed 3/15/17)
• Amended Notice of Appeal (filed 3/20/17)
• Joint Memorandum Stating the Parties' Positions on Further Proceedings (filed 8/15/18)
• Amended Complaint (filed 9/14/18)
• Motion to Consolidate Cases (filed 9/18/18)
• Response to Motion to Consolidate Cases (filed 9/26/18)
• Defendants' Answer to Amend Complaint (filed 9/28/18)
• Motion to Intervene Pursuant (filed 10/4/18)
• Brief in Support of Motion to Intervene (filed 10/4/18)
• Proposed Motion to Dismiss
• Proposed Brief in Support of Motion to Dismiss
• Proposed Answer to Ameded Complaint
• LMV of Michigan v. Johnson
• Baumgart v. Wendelberger
• Joint Preliminary Pretrial Conference Report (filed 10/5/18)
• Parties Joint Rule Report (filed 10/5/18)
• Defendants' Response to Motion to Intervene (filed 10/19/18)
• Individual Plaintiffs' Brief in Opposition (filed 10/19/18)
• Reply to Plaintiffs' Brief in Opposition to Wisconsin State Assembly Motion to Intervene (filed 10/26/18)
• Expert Report of Jowei Chen Ph.D (filed 10/26/18)
• Table 1
• Table 2
• Table 3
• Table 4
• Table 5
• Table 6
• Table 7
• Table 8
• Table 9
• Table 10
• Figure 2a
• Figure 3a
• Figure 4a
• Figure 4b
• Plaintiff Maps
• Expert Report of Kenneth R. Mayer (filed 10/26/18)
• Order Granting Motion to Intervene (filed 11/13/18)
• Wisconsin State Assembly's Motion to Dismiss (filed 11/13/18)
• Brief in Support of Assemblys' Motion to Dismiss (filed 11/13/18)
• Declaration of Ruth Greenwood (filed 12/21/18)
• Exhibit A
• Joint Brief in Opposition to Motions to Dismiss (filed 12/21/18)
• Emergency Motion to Stay (filed 1/7/19)
• Brief in Support of Emergency Motion to Stay (filed 1/7/19)
• Exhibit A
• Exhibit B
• Exhibit C
• Declaration of Josua P. Ackerman (filed 1/7/19)
• Declaration
• Joint Brief in Opposition to Wisconsin State Emergency Motion to Stay (filed 1/14/19)
• Defendants' Response to Emergency Motion to Stay (filed 1/14/19)
• Reply Brief in Support of its Emergency Motion to Stay (filed 1/17/19)
• Order Denying Motion to Dismiss and Granting in Part Motion to Stay (filed 1/23/19)
• Unopposed Motion to Dismiss the Complaint (filed 1/25/19)
• Status Report (filed 1/29/19)
• Expert Report of Jame Gimpel (filed 2/4/19)
• Appendix A
• Appendix B
• Appendix C
• Appendix D
• Appendix E
• Appendix F
• Appendix G
• Expert Report of Brian j. Gaines (filed 1/4/19)
• Motion to Enter Protective Order (filed 3/15/19)
• Declaration of Annabelle E. Harless in Support of Plaintiffs' Motion (filed 3/15/19)
• Standard Protective Order
• Lentini Deposition
• Patel Deposition
• Seaton Deposition
• Plaintiffs' Motion to Compel Deposition and Production of Documents (filed 3/19/19)
• Brief in Support of Plaintiffs' Motion (filed 3/19/19)
• Declaration of Ruth M. Greenwood in Support of Plaintffs' Motion (filed 3/19/19)
• Exhibit 1
• Exhibit 2
• Exhibit 3
• Exhibit 4
• Exhibit 5
• Exhibit 6
• Exhibit 7
• Exhibit 8
• Exhibit 9
• Exhibit 10
• Whithdrawl of Plaintiffs' Motion to Enter Protective Order (filed 3/25/19)
• Stipulated Motion to Enter Protective Order (filed 3/29/19)
• Order
• Defendant's Response to Motion to Compel Deposition (filed 4/3/19)
• Speaker Robin J. Vos's Opposition to Motion to Compel (filed 4/3/19)
• The Wisconsin State Assembly's Opposition to Motion to Compel (filed 4/3/19)
• Deposition of Patrick E. Fuller (filed 4/10/19)
• Reply Brief in Support of Motion to Compel Deposition and Production of Documents (filed 4/10/19)
• Second Declaration of Ruth Greenwood in Support of Brief of Motion to Compel (filed 4/10/19)
• Memorandum and Order
• Order Granting Part and Denying in Part Motion to Quash
• Memorandum and Order
• Notice in Support of Opposition to Motion to Compel (filed 4/26/19)
• Exhibit 1
• Exhibit 2
• Plaintiffs' Response to Notice filde in Sur-Reply to Motion to Compel (filed 4/30/19)
• Order to Compel (filed 5/3/19)
• Emergency Motion to Stay (filed 5/10/19)
• Brief in Support of Emergency Motion (filed 5/10/19)
• Declaration of Joshua P. Ackerman (filed 5/10/19)
• Exhibit A
• Exhibit B
• Order Denying Motion to Stay (filed 5/13/19)
• Joint Motion to Strike Plaintiffs' Supplemental Disclosures (filed 5/31/19)
• Declaration of Taylor A.R. Meehan (filed 5/31/19)
• Deposition of Daniel Dieterich (filed 6/10/19)
• Deposition of Roger Anclam (filed 6/10/19)
• Deposition of Guy Costello (filed 6/10/19)
• Deposition of Michael Switzenbaum (filed 6/10/19)
• Deposition of Linea Sundstrom (filed 6/10/19)
• Deposition of Ann Stevnin-Roe (filed 6/10/19)
• Plaintiffs' Opposition to Motion to Strike (filed 6/10/19)
• Declaration of Mark Gaber in Support of Opposition to Strike (filed 6/10/19)
• Joint Brief in Reply by Intervenor Defendant in Support of Motion to Striek (filed 6/13/19)
• Plaintiffs' Brief in Support of Considering First Amendment Association Claims (filed 6/14/19)
• Pretrial Disclosures (filed 6/14/19)
• Disclosures (filed 6/14/19)
• Pretrial Disclosures (filed 6/14/19)
• Plaintiffs' Motion to Admit in Evidence Testimony (filed 6/14/19)
• Declartion of Ruth M. Greenwood in Support of Plaintiffs' Motion to Admit (filed 6/14/19)
• Deposition of Kenneth Mayer (filed 6/21/19)
• Rebuttal Report of Kenneth Mayer (filed 6/21/19)
• Order Denying Motion to Strike (filed 6/21/19)
• Motion to Exclude Testimony from Kenneth Mayer (filed 6/21/19)
• Objections to Plaintiffs' Disclosures (filed 6/21/19)
• Motion to Admit Evidence (filed 6/21/19)
• Response to Pretrial Disclosures (filed 6/21/19)
• Plaintiffs' Reply in Support of their Motion (filed 6/25/19)
• Second Declaration of Ruth. Greenwood in Support of Motion to Admit Evidence (filed 6/25/19)
• Plaintiffs' Motion for Dismissal for Lack of Jurisdiciton (filed 6/28/19)
• Motion to Dismiss Amended Complaint with Prejudice (filed 6/28/19)
• Opinion and Order (7/2/19)
• Plaintiffs' Motion to Defer Questions of Entitlement to Costs (7/3/19)
• Deposition of Wendy Johnson (7/15/19)
• Deposition of William Whitford (7/15/19)
• Deposition of Janet Mitchell (7/15/19)
• Deposition of Brent Brigson (7/15/19)
• Motion for Attorney Fees (7/15/19)
• Declaration in Support of Motion for Attorneys' Fees (7/15/19)
• Defendants' Brief in Support of An Award of Cost (7/15/19)
• Plaintiffs' Opposition and Objections Bill of Costs (7/29/19)
• Plaintiffs' Opposition to The Wisconsin State Assembly's Motion for Attorney's Fees (7/29/19)
• Order Denying The Wisconsin State Assembly's Motion for Attorney's Fees (8/22/19)

United State Court of Appeals

• Petition for Write of Mandamus (filed 6/5/19)
• Docketing Statement (filed 6/12/19)
• Wisconsin State Assemblys Statement of Position in Light of Supreme Court's Decisions (filed 7/1/19)
• Plaintiffs Statement of Position in Light of Supreme Court's Decisions (filed 7/2/19)
• Order to Vacate (filed 7/11/19)