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

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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).

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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)

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)

Attorney Contact Information via CourtListener

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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)	Nov. 19, 2014	Nov. 19, 2014 Order/Opinion
78 2:13-cv-11370	Opinion U. S. Court of Appeals for the Sixth Circuit	Sept. 12, 2016	Sept. 12, 2016 Order/Opinion

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Docket

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

Last updated May 27, 2023, 3:20 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 View on PACER 2 Exhibit 2 View on PACER	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 View on PACER 2 Exhibit A. Fiscal Indicator Scores View on PACER 3 Exhibit B. Fiscal Health Indicator Scores View on PACER	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 View on PACER 2 Exhibit 1. Order Pursuant to Section 105(a) View on PACER	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 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	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 View on PACER	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) View on PACER 2 Exhibit 2 - Order Denying Motion for Reconsideration (12/20/13) View on PACER	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 View on PACER	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 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	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 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	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 View on PACER 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	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 View on PACER 2 Exhibit Exhibit 1 View on PACER	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 View on PACER 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	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 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	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 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	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 PACER
78	Appeal Order/Opinion/Judgment	Sept. 13, 2016	Sept. 13, 2016 PACER
79	Appeal Mandate	Nov. 10, 2016	Nov. 10, 2016 PACER
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	Appeal/Supreme Court Letter	April 14, 2017	April 14, 2017 PACER
82	Change of Address/Contact Information	June 29, 2017	June 29, 2017 PACER
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

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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 of Michigan, State

Defendant Type(s):

Jurisdiction-wide