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`STATE OF WISCONSIN
`DEPARTMENT OF JUSTICE
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`Josh Kaul
`17 W. Main Street
`P.O. Box 7857
`Attorney General
`Madison, WI 53707-7857
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`www.doj.state.wi.us
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`Gwendolyn J. Cooley
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`Assistant Attorney General
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`cooleycj@doj.state.wi.us
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`608/261-5810
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`FAX 608/294-2907
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`June 17, 2020
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`VIA E-FILE
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`The Honorable Gary S. Feinerman
`Everett McKinley Dirksen United States Courthouse
`219 South Dearborn Street, Room 2146
`Chicago, IL 60604
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`Re: United States of America, et al. v. Dairy Farmers of America, Inc, et al.
`USDC – Northern District of Illinois Case No.: 20-CV-2658
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`Dear Judge Feinerman:
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`I write to inform you that the State of Wisconsin filed a Proposed Final
`Judgment, Dkt. No. 4-2, United States of America, et al. v. Dairy Farmers of America,
`Inc., et al. (20-cv-02658) on May 1, 2020. The Attorney General entered into this
`consent judgment on behalf of the State of Wisconsin pursuant to Wis. Stat.
`§ 133.17(1), which provides that the Attorney General of the State of Wisconsin “shall
`institute manage, control and direct…all prosecutions in violation of this chapter.
`When prosecuting violations of this chapter, the department of justice shall have and
`exercise all powers conferred upon district attorneys.”
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`This letter does not require action by this Court, but it serves as notice to
`interested parties who may seek to intervene under Wis. Stat. § 165.08. Specifically,
`some court settlements in Wisconsin are subject to approval by the Wisconsin
`Legislature’s committee on joint finance under Wis. Stat. § 165.08(1), which provides,
`in pertinent part: “[a]ny civil action prosecuted by the (Wisconsin Department of
`Justice) may be compromised or discontinued with the approval of an intervenor
`under s. 803.09(2m) or, if there is no intervenor, by submission of a proposed plan to
`the joint committee on finance for the approval of the committee. The compromise or
`discontinuance may occur only if the joint committee on finance approves the
`proposed plan.”
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`Case: 1:20-cv-02658 Document #: 28 Filed: 06/17/20 Page 2 of 2 PageID #:209
`The Honorable Gary S. Feinerman
`June 17, 2020
`Page 2
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`This Proposed Final Judgment is not subject to committee approval under that
`statute, for three reasons: it is entered into under Wis. Stat. § 133.17(1); the
`agreement was reached prior to the commencement of a civil action; and it is subject
`to proceedings required by the federal Tunney Act, see 15 U.S.C. § 16(b)-(h). However,
`if members of the legislative joint committee on finance interpret the statute
`differently and object to this Proposed Final Judgment, they have an opportunity to
`comment on the Proposed Final Judgment during the Tunney Act comment period.
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`Respectfully Submitted,
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`s/Gwendolyn J. Cooley
`Gwendolyn J. Cooley
`Assistant Attorney General
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`GJC:bab
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`Attachment
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`cc w/attachment: Anne Sappenfield, legislative counsel for Wisconsin Legislature
`Joint Committee on Finance
` All counsel of record
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