Setllement Agreemerrt a¡rd Release

This Settlement Agreement and Release ("Agreement") is madeand entered into by
and between the Center for Media & Democracy ("Plaintiff') and the'Wisconsin

Deparfment of Justice ("Defendant").
Recitals

A.

On Septemb er 24,20!8, Plaintifffiled a lawsuit against Defendant ín Dane

County Circuit Court seeking

a

writ of mandamus for alleged violations of the Wisconsin

Public Records Law. The lawsuitwas assigned Case No. 18-CV-2560 and is refened to in
this Agreement as the "Lawsuit,"

B.

Plaintiffand Defendant wish to settle any and all claims and disputed issues

of law and/or fact that were brought or that could have been brought arising out of the

Lawsuit.
Agreernent

In consideration of the mutual promises contained below, Plaintiffand Defendant
a.gree as

follows:

1.

Dismissal. Within one business day of the Effective Date, Plaintiffagrees to

f,le with the Court a Stipulated Voluntary Dismissal, signed by defense counsel, providing
that the Lawsuit will be dismissed with prejudice.

2.

Production of Documents. In the interests of open government, Defendant,

through counsel, agrees to provide Plaintiffwith the records originally requested by an open
reccrrds lequest datedAugust

3,2018. Defendant agrees to providc the documents

beginningMay 1,2079 andcompleteprodttctionbyFridayMay 10,2019. Defendant
confirms that the Deparfment of Justice's prior poliry or practice of denying open records

 requests that

initially generated more than 500 potentially responsive email messages

is no

longer in place and that references to this policy have been removed from the Department of
Justice website. Furthermore, Plaintiffacknowledges and agrees that counsel for Defendant

will review all records before production

and remove or redact information that may be

withheld under W-is. Stat. $ 19.35 or other laws. If counsel for Defendant makes such a
redaction or removal, counsel will provide Plaintiffa specific and sufficient explanation for
the redaction or removal in writing. Plaintiffreserves the rþht to challenge these redactions

in a separate proceedfurgand/o'- make follow-up open records requests. Defendant
understands that content determines whether a document is a "recotd," not medium,

format, or locadon; therefore, materials othelwise meeting the defurition of "record" and

not subject to any other exception are not exempt from disclosure by virtue of their location
on private email accounts, online apps, or frle-sharing services.

3.

Attorney Fees and actual damages. Defendant will pay court costs and

attomey fees of $10 ,g47 .A2

and, d,amages

in the amounr of $100.00 by check issued to pines

Bach LLP for the total amount 30 days after the case has been dismissed with prejudice.

4.

Release by Plaintiff. This Agreement is a full, final, and complere

compromise and settlement of all claims, actual, doubtful, or disputed, as to questions of

liability, damage, and remedy for fhe claims raised in this Lawsuit related to the public
records requests related to the Lawsuit. Plaintiffcompletely releases and forever discharges

Defendant and the State of Wisconsin and its departments, agencies, officials, offi,cers,
emp-l-o-vees, or-agents,-whe.ther

in an individual.c-apacity or official capacity, ftom any and

all claims, demands, obligations, causes of action, damages, costs, expenses, and
compensation of any nature whatsoever, be they direct or indirect, in law or in equity,

'

 whether known or unknown, which Plaintiffmay lrave had, presently has, or may have in
the future related to the allegations in the Lawsuit.

5'.

Effective Date. The Effective Date is tlre last date on which this Agteement

is signed, as indicated by the signatures below.

6.

Counterparts. This Agreement may be executed in one or more counterparts

(including copies and PDF file versions of the original signafures) all of which will together
constitute one and the same insffument.

7.

Authority. The individuals

execuríng this Agleementrepresent and warrant

fhat they have obtaineci the legal authority to execute this ,A-greement on behalf of Plaintiff
and Defendant.

8.

Entire Agleernent. This Agreement constitutes the final expression of the

parties as to the terrns of this Agreement, and supersedes all prior agreements, negotiations,
and discussions,between the parties and/ or their respective counsel.

Onbehalf of Defendant:

Dared:

lr*danr

\0 ?¡11
'

Assistant Auomey General

Onbehalf of Plainfiff:
<\

Dated:

o.
Attomey for Center for