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…

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)

Related Cases

Brown v. Snyder, Michigan state trial court (2011)

People

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


Judge(s)

Steeh, George Caram III (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) 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)

Judge(s)

Steeh, George Caram III (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) 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)

Paris, Anthony D. (Michigan)

Philo, John C. (Michigan)

Sanders, Herbert A. (Michigan)

Schwarz, Ghita (New York)

Attorneys(s) for Defendant

Barton, Denise C. (Michigan)

Ho, Joseph Yung−Kuang (Michigan)

Meingast, Heather S. (Michigan)

Murphy, Michael F (Michigan)

Nelson, Margaret A. (Michigan)

Sherman, Ann (Michigan)

Other Attorney(s)

Fancher, Mark P. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Documents in the Clearinghouse

Document

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)

2014 WL 6474344

Nov. 19, 2014

Nov. 19, 2014

Order/Opinion
78

2:13-cv-11370

Opinion

U. S. Court of Appeals for the Sixth Circuit

836 F.3d 707

Sept. 12, 2016

Sept. 12, 2016

Order/Opinion

Resources

Docket

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

Last updated May 20, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

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)

March 27, 2013

March 27, 2013

RECAP
2

SUMMONS Issued for *RICHARD D SNYDER* (TMcg) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
3

SUMMONS Issued for *Andrew Dillon* (TMcg) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
4

ATTORNEY APPEARANCE: Cynthia Heenan appearing on behalf of All Plaintiffs (Heenan, Cynthia) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
5

ATTORNEY APPEARANCE: Hugh M. Davis, Jr appearing on behalf of All Plaintiffs (Davis, Hugh) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
6

NOTICE of Appearance by Richard G. Mack on behalf of All Plaintiffs. (Mack, Richard) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
7

CERTIFICATE OF SERVICE re 4 Attorney Appearance, 5 Attorney Appearance by All Plaintiffs (Heenan, Cynthia) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

PACER
8

NOTICE of Appearance by Michael F. Murphy on behalf of All Defendants. (Murphy, Michael) (Entered: 04/04/2013)

April 4, 2013

April 4, 2013

PACER
9

ATTORNEY APPEARANCE: John C. Philo appearing on behalf of All Plaintiffs (Philo, John) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
10

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)

April 5, 2013

April 5, 2013

PACER
11

NOTICE of Appearance by Denise C. Barton on behalf of Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

PACER
12

NOTICE of Appearance by Ann M. Sherman on behalf of Andrew Dillon, RICHARD D SNYDER. (Sherman, Ann) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

PACER
13

NOTICE of Appearance by Heather S. Meingast on behalf of Andrew Dillon, RICHARD D SNYDER. (Meingast, Heather) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

PACER
14

NOTICE of Appearance by Margaret A. Nelson on behalf of Andrew Dillon, RICHARD D SNYDER. (Nelson, Margaret) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

PACER
15

NOTICE of Appearance by William H. Goodman on behalf of All Plaintiffs. (Goodman, William) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
16

NOTICE of Appearance by Julie H. Hurwitz on behalf of All Plaintiffs. (Hurwitz, Julie) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
17

ATTORNEY APPEARANCE: Anthony D. Paris appearing on behalf of All Plaintiffs (Paris, Anthony) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
18

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)

May 13, 2013

May 13, 2013

PACER
19

*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)

May 13, 2013

May 13, 2013

PACER
20

MOTION to Dismiss and Brief in Support by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 05/16/2013)

May 16, 2013

May 16, 2013

PACER
21

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)

May 30, 2013

May 30, 2013

PACER
22

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Philo, John) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
23

MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan. (Fancher, Mark) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER
24

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

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2 Exhibit 2

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June 27, 2013

June 27, 2013

PACER
25

Amended MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union Fund of Michigan. (Fancher, Mark) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
26

NOTICE TO APPEAR: Status Conference set for 7/9/2013 02:00 PM before District Judge George Caram Steeh (MBea) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
27

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

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2 Exhibit A. Fiscal Indicator Scores

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3 Exhibit B. Fiscal Health Indicator Scores

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July 22, 2013

July 22, 2013

PACER
28

Ex Parte MOTION for Leave to File Excess Pages by All Defendants. (Murphy, Michael) (Entered: 07/22/2013)

July 22, 2013

July 22, 2013

PACER
29

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

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2 Exhibit 1. Order Pursuant to Section 105(a)

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Aug. 7, 2013

Aug. 7, 2013

PACER
30

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) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

RECAP
31

NOTICE of Appearance by Ghita Schwarz on behalf of All Plaintiffs. (Schwarz, Ghita) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
32

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

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2 Exhibit Order Granting Plaintiffs Relief From Bankruptcy Stay

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3 Exhibit Order Denying Defendants' Motion for Reconsideration

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4 Exhibit Plaintiffs' Proposed First Amended Complaint

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Dec. 23, 2013

Dec. 23, 2013

PACER
33

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)

Dec. 30, 2013

Dec. 30, 2013

PACER
34

NOTICE TO APPEAR: Scheduling Conference set for 2/6/2014 11:00 AM before District Judge George Caram Steeh (MBea) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
35

RESPONSE to 32 MOTION to Reopen Case filed by All Defendants. (Attachments: # 1 Exhibit) (Murphy, Michael) (Entered: 01/13/2014)

1 Exhibit

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Jan. 13, 2014

Jan. 13, 2014

PACER
36

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)

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2 Exhibit 2 - Order Denying Motion for Reconsideration (12/20/13)

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Jan. 27, 2014

Jan. 27, 2014

PACER
37

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

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Jan. 30, 2014

Jan. 30, 2014

PACER
38

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)

Feb. 6, 2014

Feb. 6, 2014

PACER
39

AMENDED COMPLAINT for Declaratory Relief filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Philo, John) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

PACER
40

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)

Feb. 20, 2014

Feb. 20, 2014

PACER
41

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

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2 Exhibit 1. Chart

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3 Exhibit 2. Order 2013-11 and Order 2013-13

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4 Exhibit 3. Order 2013-19

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5 Exhibit 4. Order No. 094

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6 Exhibit 5. Order No. S-334

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March 5, 2014

March 5, 2014

PACER
42

EXHIBIT Corrected Exhibit 1 re 41 MOTION to Dismiss by Andrew Dillon, RICHARD D SNYDER (Barton, Denise) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
43

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)

March 12, 2014

March 12, 2014

PACER
44

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Philo, John) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
45

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

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2 Index of Exhibits Exhibit Index

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3 Exhibit Ex 1-EM Ecorse Order

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4 Exhibit Ex 2-Gov Ecorse Order

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5 Exhibit Ex 3-EM Pontiac Order

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6 Exhibit Ex 4-Gov Pontiac Order

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7 Exhibit Ex 5-Fiscal Scores

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8 Exhibit Ex 6-PA 4

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March 28, 2014

March 28, 2014

PACER
46

REPLY to Response re 41 MOTION to Dismiss filed by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
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 by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
48

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

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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May 7, 2014

May 7, 2014

PACER
49

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) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

RECAP
50

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

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2 Exhibit Exhibit 1

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Dec. 1, 2014

Dec. 1, 2014

PACER
51

ANSWER to Amended Complaint with Affirmative Defenses by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
52

ORDER denying 50 Motion for Reconsideration. Signed by District Judge George Caram Steeh. (MBea) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

RECAP
53

NOTICE TO APPEAR: Scheduling Conference set for 2/18/2015 10:30 AM before District Judge George Caram Steeh (MBea) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

PACER
54

ATTORNEY APPEARANCE: Joseph Yung-Kuang Ho appearing on behalf of Andrew Dillon, RICHARD D SNYDER (Ho, Joseph) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
55

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Murphy, Michael) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
56

MOTION for Order /Entry of Final Judgment Pursuant to Rule 54(b) by All Plaintiffs. (Heenan, Cynthia) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
57

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)

Feb. 25, 2015

Feb. 25, 2015

PACER
58

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)

Feb. 25, 2015

Feb. 25, 2015

PACER
59

NOTICE of Appearance by Mark P. Fancher on behalf of All Plaintiffs. (Fancher, Mark) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
60

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)

March 24, 2015

March 24, 2015

PACER
61

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)

April 14, 2015

April 14, 2015

PACER
62

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)

May 14, 2015

May 14, 2015

PACER
63

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)

June 1, 2015

June 1, 2015

PACER
64

MOTION for Withdrawal of Attorney Heather S. Meingast and Ann M. Sherman by Andrew Dillon, RICHARD D SNYDER. (Barton, Denise) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
65

STIPULATED ORDER to extend witness list filing date & defendants' discovery due date. Signed by District Judge George Caram Steeh. (MBea) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
66

Defendants' Preliminary WITNESS LIST by Andrew Dillon, RICHARD D SNYDER (Barton, Denise) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
67

Plaintiffs' Preliminary WITNESS LIST by All Plaintiffs (Heenan, Cynthia) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
68

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

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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Sept. 18, 2015

Sept. 18, 2015

PACER
69

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)

Sept. 21, 2015

Sept. 21, 2015

PACER
70

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)

Sept. 22, 2015

Sept. 22, 2015

PACER
71

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

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2 Exhibit 1-Plaintiffs 2nd Request to Produce, 7/13/15

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3 Exhibit 2-Defendants R26 Disclosures Excerpts, 4/14/15

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4 Exhibit 3-Pls 1st RFPs 1-48 re Defs R26 Disclosures, 6/26/15

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5 Exhibit 4-Letter from Cynthia Heenan to Def. Counsel, 9/3/15

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6 Exhibit 5-Sykes v Anderson, Opinion & Order, 10/25/07

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7 Exhibit 6-Free Press article: Income Rise Helps Poverty Rate in Michigan

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8 Exhibit 7-Detroit News article: Census bureau: Detroit is poorest big city in U.

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Oct. 9, 2015

Oct. 9, 2015

PACER
72

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

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2 Exhibit A. Table of Responses Provided vs Objections

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3 Exhibit B. Suzanne Schafer Affidavit

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4 Exhibit C. Defs Sept 24 letter to Pls

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Oct. 16, 2015

Oct. 16, 2015

PACER
73

STIPULATED ORDER DISMISSING Count IV and closing case. Signed by District Judge George Caram Steeh. (MBea) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
74

NOTICE by Andrew Dillon, RICHARD D SNYDER of withdrawal of Defendants' Motion for Protective Order. (Barton, Denise) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
75

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)

Nov. 12, 2015

Nov. 12, 2015

PACER
76

Certificate of Service re 75 Notice of Appeal. (DAll) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
77

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)

Dec. 15, 2015

Dec. 15, 2015

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78

OPINION and JUDGMENT from U.S. Court of Appeals − Sixth Circuit re 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 [Appeal Case Number 15−2394] (Ahmed, N) (Entered: 09/13/2016)

Sept. 12, 2016

Sept. 12, 2016

79

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)

Nov. 10, 2016

Nov. 10, 2016

80

ATTORNEY APPEARANCE: Nicholas H. Klaus appearing on behalf of All Plaintiffs (Klaus, Nicholas) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

81

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)

April 13, 2017

April 13, 2017

82

NOTICE of Change of Address/Contact Information by Nicholas H. Klaus on behalf of All Plaintiffs. (Klaus, Nicholas) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

83

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)

Oct. 3, 2017

Oct. 3, 2017

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 of Michigan, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting

Discrimination-basis:

Race discrimination

Race:

Black

Voting:

Vote dilution