Case: Phillips v. Snyder

2:13-cv-11370 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 27, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On March 27, 2013, plaintiffs filed this lawsuit against the State of Michigan in the U.S. District Court for the Eastern District of Michigan. Plaintiffs were a coalition of unelected citizens, public employee union members and representatives, and locally elected officials from cities in Michigan that were currently under the authority of an Emergency Manager. Represented by a combination of private counsel and the Center for Constitutional Rights, plaintiffs alleged that the state violated their constitutional rights to equal protection, republican form of government, free speech, and ability to petition their government, when the state appointed an Emergency manager to their respective local governments pursuant to Public Act 436, MCL §§ 141.1541 et seq. ("PA 436").

Among other counts, plaintiffs asserted that their equal protection rights and the protections granted by the Voting Rights Act had been violated because Emergency Managers were appointed to communities in a way that disproportionately impacted and diluted African American and low-income voting power. Additionally, the union plaintiffs alleged that their substantive and due process rights were violated when state officials impeded the City of Detroit's ability to finalize a tentative agreement with the coalition of public employee unions. Plaintiffs also alleged a violation of their substantive due process right to "elect representatives with general legislative power." Filing this action pursuant to 24 U.S.C. § 1983 and Section 2 of the Voting Rights Act ("VRA"), 42 U.S.C. § 1973, plaintiffs sought declaratory judgment that P.A. 436 violated the VRA and the Constitution, injunctive relief restraining the state from implementing or exercising authority and power conveyed by P.A. 436, prohibiting the state from impeding the City of Detroit in its bargaining with the public employees unions, and an award of compensatory and punitive damages.

On May 16, 2013, the State moved to dismiss all counts, alleging that plaintiffs did not have standing, and generally denying the allegations of constitutional violations.

On June 27, 2013, the American Civil Liberties Union of Michigan filed an amicus brief, arguing that by international law standards, the State of Michigan had unlawfully suspended the political rights of its citizens.

The plaintiffs filed an amended complaint on February 12, 2014, which the State moved to dismiss on March 5. On November 19, 2014, Judge George Caram Steeh granted in part and denied in part the motion to dismiss. The court dismissed the plaintiffs' substantive due process, Guarantee Clause, Equal Protection Clause vote burden, Equal Protection Clause wealth discrimination, Equal Protection Clause localities discrimination, Voting Rights Act, First Amendment, and Thirteenth Amendment claims. The court found that the right to vote has never qualified for substantive due process protection, and that the Guarantee Clause has not been shown to apply to local governments. Regarding the Equal Protection claims, the court found that PA 436 was applied facially equally, and so under rational basis review, it survived in serving the State's "legitimate government interest in preventing or rectifying the insolvency of its political subdivisions." The court further found that, because the plaintiffs were challenging a temporary government reorganization rather than a voting standard or procedure, "the political process remains the correct means for redress rather than...the Voting Rights Act." Similarly, the court did not find that this temporary reorganization could be considered a vestige of slavery in violation of the Thirteenth Amendment. As to the First Amendment claims, the court found that any abridgment was justified by the State's legitimate interest in solving financial crises. 2014 WL 6474344.

Judge Steeh did not dismiss the plaintiffs' Equal Protection Clause racial discrimination claim, finding that the State had enormous discretion in appointing EMs, creating "a significant potential for discriminatory decisions." 2014 WL 6474344.

The parties then progressed towards trial. But, seemingly to allow for an appeal to the Sixth Circuit, the plaintiffs agreed to dismiss without prejudice the one remaining claim left open after Judge Steeh's order. Judge Steeh ordered the dismissal on October 23, 2015, and on November 12, 2015, the plaintiffs appealed Judge Steeh's 2014 order. On September 12, 2016, the Sixth Circuit affirmed the district court's decision. On November 1, the Sixth Circuit denied the plaintiffs' motion for a rehearing en banc. The Supreme Court denied the plaintiffs' motion for certiorari on October 2, 2017.

The case is now closed, but on December 1, 2017, the plaintiffs filed a new complaint on similar facts alleging Fourteenth Amendment violations (17-13887).

Summary Authors

Dan Osher (7/13/2013)

Virginia Weeks (3/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4292206/parties/phillips-v-snyder/

Judge(s)

Attorney for Plaintiff

Charney, Darius (New York)

Davis, Hugh M. Jr. (Michigan)

Attorney for Defendant

Barton, Denise C. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Expert/Monitor/Master/Other

Fancher, Mark P. (Michigan)

Judge(s)

Steeh, George Caram III (Michigan)

Whalen, R. Steven (Michigan)

Attorney for Plaintiff

Charney, Darius (New York)

Davis, Hugh M. Jr. (Michigan)

Flynn, Keith D. (Michigan)

Goodman, William Harry (Michigan)

Heenan, Cynthia (Michigan)

Hurwitz, Julie H. (Michigan)

Klaus, Nicholas H (Michigan)

Mack, Richard G. (Michigan)

Miller, Charles W. (Michigan)

Paris, Anthony D. (Michigan)

Paterson, Andrew A. (Michigan)

Patrick, Craig M. (Michigan)

Pearson, Eric D. (Michigan)

Philo, John C. (Michigan)

Sanders, Herbert A. (Michigan)

Schwarz, Ghita (New York)

Attorney for Defendant

Barton, Denise C. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Ho, Joseph Yung−Kuang (Michigan)

Larsen, Zachary C. (Michigan)

Meingast, Heather S. (Michigan)

Murphy, Michael F (Michigan)

Nelson, Margaret A. (Michigan)

Sherman, Ann (Michigan)

Other

Fancher, Mark P. (Michigan)

Lavery, Joan S. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:13-cv-11370	Docket [PACER]	Oct. 3, 2017	Oct. 3, 2017 Docket
1 2:13-cv-11370	Complaint for Declaratory & Injunctive Relief	March 27, 2013	March 27, 2013 Complaint
23 2:13-cv-11370	Motion for leave to file an amicus curiae brief for the American Civil Liberties Union Fund of Michigan	June 27, 2013	June 27, 2013 Pleading / Motion / Brief
39 2:13-cv-11370	First Amended Complaint for Declaratory Relief	Feb. 12, 2014	Feb. 12, 2014 Complaint
49 2:13-cv-11370	Order Granting in Party and Denying in Part Defendants' Motion to Dismiss (Doc. #41) and Denying Defendants' Motion to Stay Proceedings (Doc. #47)	Nov. 19, 2014	Nov. 19, 2014 Order/Opinion 2014 WL 6474344
78 2:13-cv-11370	Opinion U.S. Court of Appeals for the Sixth Circuit	Sept. 12, 2016	Sept. 12, 2016 Order/Opinion 836 F.3d 707

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292206/phillips-v-snyder/

Last updated June 14, 2026, 6:09 a.m.

ECF Number	Date	Description	Link
1	March 27, 2013	COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4015136 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: United States District Court for The Eastern District of Michigan, 12-11461, Judge Judge Arthur Tarnow] [Possible companion case(s): None] (Sanders, Herbert) (Entered: 03/27/2013)	RECAP
2	March 28, 2013	SUMMONS Issued for RICHARD D SNYDER (TMcg) (Entered: 03/28/2013)	RECAP
3	March 28, 2013	SUMMONS Issued for Andrew Dillon (TMcg) (Entered: 03/28/2013)	RECAP
4	March 28, 2013	ATTORNEY APPEARANCE: Cynthia Heenan appearing on behalf of All Plaintiffs (Heenan, Cynthia) (Entered: 03/28/2013)	RECAP
5	March 28, 2013	ATTORNEY APPEARANCE: Hugh M. Davis, Jr appearing on behalf of All Plaintiffs (Davis, Hugh) (Entered: 03/28/2013)	RECAP
6	March 29, 2013	NOTICE of Appearance by Richard G. Mack on behalf of All Plaintiffs. (Mack, Richard) (Entered: 03/29/2013)	RECAP
7	March 29, 2013	CERTIFICATE OF SERVICE re 4 Attorney Appearance, 5 Attorney Appearance by All Plaintiffs (Heenan, Cynthia) (Entered: 03/29/2013)	RECAP
8	April 4, 2013	NOTICE of Appearance by Michael F. Murphy on behalf of All Defendants. (Murphy, Michael) (Entered: 04/04/2013)	RECAP
9	April 5, 2013	ATTORNEY APPEARANCE: John C. Philo appearing on behalf of All Plaintiffs (Philo, John) (Entered: 04/05/2013)	RECAP
10	April 5, 2013	STIPULATED ORDER for an extension to respond to 1 Complaint (5/14/13) Signed by District Judge George Caram Steeh. (MBea) (Entered: 04/05/2013)	RECAP
11	April 9, 2013	NOTICE of Appearance by Denise C. Barton on behalf of Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 04/09/2013)	RECAP
12	April 9, 2013	NOTICE of Appearance by Ann M. Sherman on behalf of Andrew Dillon, RICHARD D SNYDER. (Sherman, Ann) (Entered: 04/09/2013)	RECAP
13	April 9, 2013	NOTICE of Appearance by Heather S. Meingast on behalf of Andrew Dillon, RICHARD D SNYDER. (Meingast, Heather) (Entered: 04/09/2013)	RECAP
14	April 9, 2013	NOTICE of Appearance by Margaret A. Nelson on behalf of Andrew Dillon, RICHARD D SNYDER. (Nelson, Margaret) (Entered: 04/09/2013)	RECAP
15	April 12, 2013	NOTICE of Appearance by William H. Goodman on behalf of All Plaintiffs. (Goodman, William) (Entered: 04/12/2013)	RECAP
16	April 12, 2013	NOTICE of Appearance by Julie H. Hurwitz on behalf of All Plaintiffs. (Hurwitz, Julie) (Entered: 04/12/2013)	RECAP
17	April 15, 2013	ATTORNEY APPEARANCE: Anthony D. Paris appearing on behalf of All Plaintiffs (Paris, Anthony) (Entered: 04/15/2013)	RECAP
18	May 13, 2013	MOTION for Leave to File Excess Pages of Brief in Support of Motion to Dismiss by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 05/13/2013)	RECAP
19	May 13, 2013	STRICKEN MOTION to Dismiss and Brief in Support by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) Modified on 5/15/2013 (MBea). (Entered: 05/13/2013)	RECAP
20	May 16, 2013	MOTION to Dismiss and Brief in Support by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 05/16/2013)	RECAP
21	May 30, 2013	STIPULATION AND ORDER for an extension of briefing schedule re 20 MOTION to Dismiss : Responses due by 6/27/2013, Replies due by 7/22/2013, Motion Hearing set for 8/21/2013 10:30 AM before District Judge George Caram Steeh Signed by District Judge George Caram Steeh. (MBea) (Entered: 05/30/2013)	RECAP
22	June 25, 2013	Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Philo, John) (Entered: 06/25/2013)	RECAP
23	June 27, 2013	MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan. (Fancher, Mark) (Entered: 06/27/2013)	RECAP
24	June 27, 2013	REPLY to Response re 20 MOTION to Dismiss and Brief in Support filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Philo, John) [DOCUMENT IS TITLED RESPONSE TO MOTION] Modified on 7/1/2013 (TMcg). (Entered: 06/27/2013) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	RECAP
25	July 2, 2013	Amended MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan. (Fancher, Mark) (Entered: 07/02/2013)	RECAP
26	July 8, 2013	NOTICE TO APPEAR: Status Conference set for 7/9/2013 02:00 PM before District Judge George Caram Steeh (MBea) (Entered: 07/08/2013)	RECAP
27	July 22, 2013	REPLY to Response re 20 MOTION to Dismiss and Brief in Support filed by Andrew Dillon, RICHARD D SNYDER. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Fiscal Indicator Scores, # 3 Exhibit B. Fiscal Health Indicator Scores) (Barton, Denise) (Entered: 07/22/2013) 1 Index of Exhibits Exhibit List View on PACER 2 Exhibit A. Fiscal Indicator Scores View on PACER 3 Exhibit B. Fiscal Health Indicator Scores View on PACER	RECAP
28	July 22, 2013	Ex Parte MOTION for Leave to File Excess Pages by All Defendants. (Murphy, Michael) (Entered: 07/22/2013)	RECAP
29	Aug. 7, 2013	NOTICE by Andrew Dillon, RICHARD D SNYDER Notice of Pendency of Bankruptcy Case and Application of the Automatic Stay (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Order Pursuant to Section 105(a)) (Barton, Denise) (Entered: 08/07/2013) 1 Index of Exhibits Exhibit List View on PACER 2 Exhibit 1. Order Pursuant to Section 105(a) View on PACER	RECAP
30	Aug. 22, 2013	ORDER regarding notice of pendency of bankruptcy case and application of the automatic stay 29 . (staying and administratively closing case) Signed by District Judge George Caram Steeh. (MBea)	RECAP
31	Aug. 23, 2013	NOTICE of Appearance by Ghita Schwarz on behalf of All Plaintiffs. (Schwarz, Ghita) (Entered: 08/23/2013)	RECAP
32	Dec. 23, 2013	MOTION to Reopen Case by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Order Granting Plaintiffs Relief From Bankruptcy Stay, # 3 Exhibit Order Denying Defendants' Motion for Reconsideration, # 4 Exhibit Plaintiffs' Proposed First Amended Complaint) (Paris, Anthony) (Entered: 12/23/2013) 1 Index of Exhibits Index of Exhibits View on PACER 2 Exhibit Order Granting Plaintiffs Relief From Bankruptcy Stay View on PACER 3 Exhibit Order Denying Defendants' Motion for Reconsideration View on PACER 4 Exhibit Plaintiffs' Proposed First Amended Complaint View on PACER	RECAP
33	Dec. 30, 2013	Notice of Determination of Motion Without Oral Argument re 32 MOTION to Reopen Case Response due by 1/13/2014 Reply due by 1/27/2014 (MBea) (Entered: 12/30/2013)	RECAP
34	Dec. 30, 2013	NOTICE TO APPEAR: Scheduling Conference set for 2/6/2014 11:00 AM before District Judge George Caram Steeh (MBea) (Entered: 12/30/2013)	RECAP
35	Jan. 13, 2014	RESPONSE to 32 MOTION to Reopen Case filed by All Defendants. (Attachments: # 1 Exhibit) (Murphy, Michael) (Entered: 01/13/2014) 1 Exhibit View on PACER	RECAP
36	Jan. 27, 2014	REPLY to Response re 32 MOTION to Reopen Case filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Opinion and Order (11/6/13), # 2 Exhibit 2 - Order Denying Motion for Reconsideration (12/20/13)) (Heenan, Cynthia) (Entered: 01/27/2014) 1 Exhibit 1 - Opinion and Order (11/6/13) View on PACER 2 Exhibit 2 - Order Denying Motion for Reconsideration (12/20/13) View on PACER	RECAP
37	Jan. 30, 2014	REPLY to Response re 32 MOTION to Reopen Case Supplemental Reply to Defendants' Response to Plaintiffs' Motion to Reopen Case and Other Relief filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Order by Steven Rhodes Dkt 2594) (Heenan, Cynthia) (Entered: 01/30/2014) 1 Exhibit 1 - Order by Steven Rhodes Dkt 2594 View on PACER	RECAP
38	Feb. 6, 2014	ORDER granting 32 plaintiff's Motion to Reopen Case and file first amended complaint. Signed by District Judge George Caram Steeh (MBea) (Entered: 02/06/2014)	RECAP
39	Feb. 12, 2014	AMENDED COMPLAINT for Declaratory Relief filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Philo, John) (Entered: 02/12/2014)	RECAP
40	Feb. 20, 2014	Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 02/20/2014)	RECAP
41	March 5, 2014	MOTION to Dismiss by Andrew Dillon, RICHARD D SNYDER. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Chart, # 3 Exhibit 2. Order 2013-11 and Order 2013-13, # 4 Exhibit 3. Order 2013-19, # 5 Exhibit 4. Order No. 094, # 6 Exhibit 5. Order No. S-334) (Barton, Denise) (Entered: 03/05/2014) 1 Index of Exhibits Exhibit List View on PACER 2 Exhibit 1. Chart View on PACER 3 Exhibit 2. Order 2013-11 and Order 2013-13 View on PACER 4 Exhibit 3. Order 2013-19 View on PACER 5 Exhibit 4. Order No. 094 View on PACER 6 Exhibit 5. Order No. S-334 View on PACER	RECAP
42	March 6, 2014	EXHIBIT Corrected Exhibit 1 re 41 MOTION to Dismiss by Andrew Dillon, RICHARD D SNYDER (Barton, Denise) (Entered: 03/06/2014)	RECAP
43	March 12, 2014	NOTICE OF HEARING on 41 MOTION to Dismiss . Response due by 3/28/2014 Reply due by 4/15/2014 Motion Hearing set for 4/30/2014 10:30 AM before District Judge George Caram Steeh (MBea) (Entered: 03/12/2014)	RECAP
44	March 18, 2014	Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Philo, John) (Entered: 03/18/2014)	RECAP
45	March 28, 2014	RESPONSE to 41 MOTION to Dismiss under Rule 12 (b) filed by All Plaintiffs. (Attachments: # 1 Document Continuation Brief in Support of Plaintiffs Response to Motion to Dismiss, # 2 Index of Exhibits Exhibit Index, # 3 Exhibit Ex 1-EM Ecorse Order, # 4 Exhibit Ex 2-Gov Ecorse Order, # 5 Exhibit Ex 3-EM Pontiac Order, # 6 Exhibit Ex 4-Gov Pontiac Order, # 7 Exhibit Ex 5-Fiscal Scores, # 8 Exhibit Ex 6-PA 4) (Philo, John) (Entered: 03/28/2014) 1 Document Continuation Brief in Support of Plaintiffs Response to Motion to Dismi View on PACER 2 Index of Exhibits Exhibit Index View on PACER 3 Exhibit Ex 1-EM Ecorse Order View on PACER 4 Exhibit Ex 2-Gov Ecorse Order View on PACER 5 Exhibit Ex 3-EM Pontiac Order View on PACER 6 Exhibit Ex 4-Gov Pontiac Order View on PACER 7 Exhibit Ex 5-Fiscal Scores View on PACER 8 Exhibit Ex 6-PA 4 View on PACER	RECAP
46	April 15, 2014	REPLY to Response re 41 MOTION to Dismiss filed by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 04/15/2014)	RECAP
47	April 23, 2014	MOTION to Stay Proceedings Pending Final Decisions in City of Detroit v Catherine Phillips, et al, USDC-ED 14-cv-10637 AND Rick Snyder et al v Catherine Phillips, USDC-ED No. 14-cv-10630 by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 04/23/2014)	RECAP
48	May 7, 2014	RESPONSE to 47 MOTION to Stay Proceedings Pending Final Decisions in City of Detroit v Catherine Phillips, et al, USDC-ED 14-cv-10637 AND Rick Snyder et al v Catherine Phillips, USDC-ED No. 14-cv-10630 filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Heenan, Cynthia) (Entered: 05/07/2014) 1 Index of Exhibits View on RECAP 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER	RECAP
49	Nov. 19, 2014	ORDER granting in part and denying in part defendants' Motion to Dismiss 41 and denying defendants' Motion to Stay Proceedings 47 Signed by District Judge George Caram Steeh. (MBea)	RECAP
50	Dec. 1, 2014	MOTION for Reconsideration re 49 Order on Motion to Dismiss, Order on Motion to Stay by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index to Exhibits, # 2 Exhibit Exhibit 1) (Philo, John) (Entered: 12/01/2014) 1 Index of Exhibits Index to Exhibits View on PACER 2 Exhibit Exhibit 1 View on PACER	RECAP
51	Dec. 3, 2014	ANSWER to Amended Complaint with Affirmative Defenses by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 12/03/2014)	RECAP
52	Dec. 15, 2014	ORDER denying 50 Motion for Reconsideration. Signed by District Judge George Caram Steeh. (MBea)	RECAP
53	Jan. 21, 2015	NOTICE TO APPEAR: Scheduling Conference set for 2/18/2015 10:30 AM before District Judge George Caram Steeh (MBea) (Entered: 01/21/2015)	RECAP
54	Feb. 4, 2015	ATTORNEY APPEARANCE: Joseph Yung-Kuang Ho appearing on behalf of Andrew Dillon, RICHARD D SNYDER (Ho, Joseph) (Entered: 02/04/2015)	RECAP
55	Feb. 18, 2015	DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Murphy, Michael) (Entered: 02/18/2015)	RECAP
56	Feb. 24, 2015	MOTION for Order /Entry of Final Judgment Pursuant to Rule 54(b) by All Plaintiffs. (Heenan, Cynthia) (Entered: 02/24/2015)	RECAP
57	Feb. 25, 2015	SCHEDULING ORDER: Discovery due by 10/30/2015 Dispositive Motion Cut-off set for 12/1/2015 Final Pretrial Conference set for 3/14/2016 10:00 AM before District Judge George Caram Steeh Bench Trial set for 3/21/2016 09:00 AM before District Judge George Caram Steeh Signed by District Judge George Caram Steeh. (Refer to image for additional dates) (MBea) (Entered: 02/25/2015)	RECAP
58	Feb. 25, 2015	NOTICE OF HEARING on 56 MOTION for Order /Entry of Final Judgment Pursuant to Rule 54(b). Motion Hearing set for 5/4/2015 11:00 AM before District Judge George Caram Steeh (MBea) (Entered: 02/25/2015)	RECAP
59	March 17, 2015	NOTICE of Appearance by Mark P. Fancher on behalf of All Plaintiffs. (Fancher, Mark) (Entered: 03/17/2015)	RECAP
60	March 24, 2015	RESPONSE to 56 MOTION for Order /Entry of Final Judgment Pursuant to Rule 54(b) filed by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 03/24/2015)	RECAP
61	April 14, 2015	REPLY to Response re 56 MOTION for Order /Entry of Final Judgment Pursuant to Rule 54(b) filed by All Plaintiffs. (Heenan, Cynthia) (Entered: 04/14/2015)	RECAP
62	May 14, 2015	ORDER denying 56 plaintiff's Motion for entry of final judgment pursuant to Rule 54(b) Signed by District Judge George Caram Steeh. (MBea) (Entered: 05/14/2015)	RECAP
63	June 1, 2015	STIPULATION AND ORDER extending scheduling order dates. Witness lists due 7/31/15, Discovery cut-off 12/29/2015, Dispositive Motion Cut-off set for 1/29/2016 Signed by District Judge George Caram Steeh. (MBea) (Entered: 06/01/2015)	RECAP
64	June 30, 2015	MOTION for Withdrawal of Attorney Heather S. Meingast and Ann M. Sherman by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 06/30/2015)	RECAP
	July 1, 2015	~Util - Add and Terminate Attorneys AND Text-Only Order
65	July 28, 2015	STIPULATED ORDER to extend witness list filing date & defendants' discovery due date. Signed by District Judge George Caram Steeh. (MBea) (Entered: 07/28/2015)	RECAP
66	Aug. 31, 2015	Defendants' Preliminary WITNESS LIST by Andrew Dillon, RICHARD D SNYDER (Barton, Denise) (Entered: 08/31/2015)	RECAP
67	Aug. 31, 2015	Plaintiffs' Preliminary WITNESS LIST by All Plaintiffs (Heenan, Cynthia) (Entered: 08/31/2015)	RECAP
68	Sept. 18, 2015	MOTION for Protective Order by Andrew Dillon, RICHARD D SNYDER. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9) (Barton, Denise) (Entered: 09/18/2015) 1 Index of Exhibits View on RECAP 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Exhibit 8 View on PACER 10 Exhibit 9 View on PACER	RECAP
69	Sept. 21, 2015	ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 68 MOTION for Protective Order filed by Andrew Dillon, RICHARD D SNYDER. Signed by District Judge George Caram Steeh. (MBea) (Entered: 09/21/2015)	RECAP
70	Sept. 22, 2015	NOTICE OF HEARING on 68 Defendants' MOTION for Protective Order . Resolved/Unresolved Issues due by 10/27/2015. Motion Hearing set for 10/29/2015 at 10:00 AM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 09/22/2015)	RECAP
71	Oct. 9, 2015	RESPONSE to 68 MOTION for Protective Order filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Plaintiffs 2nd Request to Produce, 7/13/15, # 3 Exhibit 2-Defendants R26 Disclosures Excerpts, 4/14/15, # 4 Exhibit 3-Pls 1st RFPs 1-48 re Defs R26 Disclosures, 6/26/15, # 5 Exhibit 4-Letter from Cynthia Heenan to Def. Counsel, 9/3/15, # 6 Exhibit 5-Sykes v Anderson, Opinion & Order, 10/25/07, # 7 Exhibit 6-Free Press article: Income Rise Helps Poverty Rate in Michigan, # 8 Exhibit 7-Detroit News article: Census bureau: Detroit is poorest big city in U.S.) (Hurwitz, Julie) (Entered: 10/09/2015) 1 Index of Exhibits View on PACER 2 Exhibit 1-Plaintiffs 2nd Request to Produce, 7/13/15 View on PACER 3 Exhibit 2-Defendants R26 Disclosures Excerpts, 4/14/15 View on PACER 4 Exhibit 3-Pls 1st RFPs 1-48 re Defs R26 Disclosures, 6/26/15 View on PACER 5 Exhibit 4-Letter from Cynthia Heenan to Def. Counsel, 9/3/15 View on PACER 6 Exhibit 5-Sykes v Anderson, Opinion & Order, 10/25/07 View on PACER 7 Exhibit 6-Free Press article: Income Rise Helps Poverty Rate in Michigan View on PACER 8 Exhibit 7-Detroit News article: Census bureau: Detroit is poorest big city in U. View on PACER	RECAP
72	Oct. 16, 2015	REPLY to Response re 68 MOTION for Protective Order filed by Andrew Dillon, RICHARD D SNYDER. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Table of Responses Provided vs Objections, # 3 Exhibit B. Suzanne Schafer Affidavit, # 4 Exhibit C. Defs Sept 24 letter to Pls) (Barton, Denise) (Entered: 10/16/2015) 1 Index of Exhibits Exhibit List View on PACER 2 Exhibit A. Table of Responses Provided vs Objections View on PACER 3 Exhibit B. Suzanne Schafer Affidavit View on PACER 4 Exhibit C. Defs Sept 24 letter to Pls View on PACER	RECAP
73	Oct. 23, 2015	STIPULATED ORDER DISMISSING Count IV and closing case. Signed by District Judge George Caram Steeh. (MBea) (Entered: 10/23/2015)	RECAP
74	Oct. 23, 2015	NOTICE by Andrew Dillon, RICHARD D SNYDER of withdrawal of Defendants' Motion for Protective Order. (Barton, Denise) (Entered: 10/23/2015)	RECAP
75	Nov. 12, 2015	NOTICE OF APPEAL by All Plaintiffs re 73 Stipulated Order Dismissing Case, 49 Order on Motion to Dismiss, Order on Motion to Stay. Receipt No: 0645-5423820 - Fee: $ 505 - Fee Status: Fee Paid. (Heenan, Cynthia) (Entered: 11/12/2015)	RECAP
76	Nov. 13, 2015	Certificate of Service re 75 Notice of Appeal. (DAll) (Entered: 11/13/2015)	RECAP
77	Dec. 15, 2015	TRANSCRIPT of Motion Hearing held on April 30, 2014. (Court Reporter: Ronald A. DiBartolomeo) (Number of Pages: 72) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/5/2016. Redacted Transcript Deadline set for 1/15/2016. Release of Transcript Restriction set for 3/14/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter Ronald A. DiBartolomeo, www.transcriptorders.com, before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (DiBartolomeo, R.) (Entered: 12/15/2015)	RECAP
78	Sept. 13, 2016	Appeal Order/Opinion/Judgment	RECAP
79	Nov. 10, 2016	MANDATE from U.S. Court of Appeals - Sixth Circuit as to 75 Notice of Appeal filed by William Kincaid, Joseph Valenti, donald watkins, Elena Herrada, Deede Coleman, Paul Jordan, Lamar Lemmons, Juanita Henry, Michael A Owens, Russell Bellant, Tawanna Simpson, Bernadel Jefferson, Jim Holley, Mary Alice Adams, Dennis Knowles, Allyson Abrams, Michigan AFSCME Council 25, Duane Seats, Catherine Phillips, Lawrence Glass, Charles E Williams, Kermit Williams, 78 Appeal Order/Opinion/Judgment,, [Appeal Case Number 15-2394] (Ahmed, N) (Entered: 11/10/2016)	RECAP
80	March 3, 2017	ATTORNEY APPEARANCE: Nicholas H. Klaus appearing on behalf of All Plaintiffs (Klaus, Nicholas) (Entered: 03/03/2017)	RECAP
81	April 13, 2017	LETTER from the US Supreme Court that a petition for writ of certiorari was filed on 3/30/2017. [Supreme Court Case Number: 16-1207] [Court of Appeals Case Number: 15-2394] (Ahmed, N) (Entered: 04/14/2017)	RECAP
82	June 29, 2017	NOTICE of Change of Address/Contact Information by Nicholas H. Klaus on behalf of All Plaintiffs. (Klaus, Nicholas) (Entered: 06/29/2017)	RECAP
83	Oct. 3, 2017	LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 16-1207] [Court of Appeals Case Number: 15-2394] (DWor) (Entered: 10/04/2017)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: March 27, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of unelected citizens, union members and representatives, and locally elected officials from Michigan cities that are currently under the authority of an Emergency Manager, pursuant to Public Act 436.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Michigan

Defendant Type(s):