Case: ACLU of Michigan v. Livingston County

2:14-cv-11213 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 24, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On March 24, 2014, ACLU of Michigan, a not-for-profit organization dedicated to protecting individuals' constitutional rights, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against Livingston County, Livingston County's sheriff, and the County's jail administrator, under 42 U.S.C. § 1983. The plaintiff sought declaratory, injunctive, and monetary relief, and attorney's fees, alleging that the defendants violated their constitutional rights by their "postcard…

On March 24, 2014, ACLU of Michigan, a not-for-profit organization dedicated to protecting individuals' constitutional rights, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against Livingston County, Livingston County's sheriff, and the County's jail administrator, under 42 U.S.C. § 1983. The plaintiff sought declaratory, injunctive, and monetary relief, and attorney's fees, alleging that the defendants violated their constitutional rights by their "postcard only" policy, which required all mail sent to the jail, except bona fide legal mail, had to be on standard white postcards with no pictures. As a result, ACLU's mail to the inmates was not delivered. The plaintiffs alleged violation of their First Amendment and Fourteenth Amendment Due Process rights.

On April 9, 2014, the plaintiffs filed motions for a temporary restraining order (TRO) and preliminary injunction. On April 11, 2014, the Court (Judge Denise Page Hood) issued an order granting the TRO and ordering the jail to deliver ACLU's mail to specifically named inmates. 2014 WL 12659924. On April 25, 2014, the Court extended the TRO until May 13, 2014. On May 15, 2014, the Court granted the plaintiff's motion for preliminary injunction. The Court reasoned that the mail sent by ACLU to the prisoners was, in fact, legal mail, and enjoined the defendants from refusing to deliver the mail to prisoners. The prison was ordered to continue delivering ACLU's mail to the prisoners, and if any prisoner was no longer in custody, the prison had to return the mail, and indicate that the intended recipient was no longer in custody. 23 F.Supp.3d 834. The defendants appealed the injunction to the Sixth Circuit Court of Appeals.

On May 16, 2014, the defendants filed a motion to stay the injunction pending the appeal. The District Court denied the motion on May 27, 2014, stating that, although the defendants will suffer some harm, the balancing of public interests weighs in favor of denying stay. 2014 WL 12662064. On July 10, 2014, the Sixth Circuit also denied the motion to stay, stating that ACLU's would likely be ruled legal mail and that the balancing of public interests weighs in favor of denying stay.

On August 11, 2015, the Sixth Circuit Court of Appeals affirmed the District Court's decision to grant a preliminary injunction for the plaintiff. The court reasoned that the preliminary injunction was appropriate on the grounds that the plaintiff was likely to succeed on their First and Fourteenth Amendment claims. 796 F.3d 636. Defendants filed a petition for writ of certiorari in response to this order, which was denied on March 4, 2016.

Shortly after, the parties began to engage in settlement discussions. The parties entered into a voluntary settlement agreement on September 23, 2016. The defendant agreed to adopt a policy treating properly labeled mail from an attorney as legal mail, regardless of whether the attorney had an attorney-client relationship with the prisoner. The defendant also adopted a policy that required notice of undelivered mail, and the opportunity to contest non-delivery. The parties stipulated to voluntary dismissal, and the case was dismissed with prejudice on September 23, 2016. The court retained jurisdiction to enforce the settlement agreement. The case is now closed.

Summary Authors

Zhandos Kuderin (7/29/2014)

Erin Pamukcu (2/21/2016)

Elizabeth Heise (10/18/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5348615/parties/american-civil-liberties-union-fund-of-michigan-v-livingston-county-of/


Documents in the Clearinghouse

Documents in this case

2:14-cv-11213

Docket [PACER]

March 21, 2018

March 21, 2018

Docket
1

2:14-cv-11213

Verified Complaint

March 24, 2014

March 24, 2014

Complaint
12

2:14-cv-11213

Order Granting Motion for Temporary Restraining Order and Notice Setting Hearing Date on Motion for Preliminary Injunction

April 11, 2014

April 11, 2014

Order/Opinion
23

2:14-cv-11213

Order Granting Motion for Extension of Temporary Restraining Order [#21]

April 25, 2014

April 25, 2014

Order/Opinion
34

2:14-cv-11213

Order Granting Plaintiff's Motion for Preliminary Injunction [#11]

May 15, 2014

May 15, 2014

Order/Opinion

23 F.Supp.3d 834

41

2:14-cv-11213

Order Denying Motion to Stay Pending Appeal [#37]

American Civil Liberties Union Fund of Michigan v. Livingston

May 27, 2014

May 27, 2014

Order/Opinion
18

14-01617

Order

U.S. Court of Appeals for the Sixth Circuit

July 10, 2014

July 10, 2014

Order/Opinion
75

2:14-cv-11213

Judgment

U.S. Court of Appeals for the Sixth Circuit

Aug. 11, 2015

Aug. 11, 2015

Order/Opinion

796 F.3d 636

95

2:14-cv-11213

Stipulated Order of Voluntary Dismissal and Settlement Agreement

American Civil Liberties Union Fund of Michigan v. Livingston County

Sept. 23, 2016

Sept. 23, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5348615/american-civil-liberties-union-fund-of-michigan-v-livingston-county-of/

Last updated April 8, 2025, 12:21 p.m.

Docket for: American Civil Liberties Union Fund of Michigan v. Livingston, County of
ECF Number Date Description Link
1 March 24, 2014

COMPLAINT (Verified) filed by American Civil Liberties Union Fund of Michigan against All Defendants. Plaintiff requests summons issued. Receipt No: 0645−4560473 − Fee: &#036 400. County of 1st Plaintiff: Wayne − County Where Action Arose: Livingston − County of 1st Defendant: Livingston. [Previously dismissed case: No] [Possible companion case(s): E.D. Mich., 11−cv−13460, Judge Denise Page Hood] (Attachments: # 1 Index of Exhibits, # 2 Exhibit Verification, # 3 Exhibit Livingston County Jail's website, # 4 Exhibit ACLU National Prison Project, # 5 Exhibit Cox v. Homan consent judgment, # 6 Exhibit Letters Are Better, # 7 Exhibit Return to Sender, # 8 Exhibit ACLU letter to inmate, # 9 Exhibit Cremonte deposition, # 10 Exhibit Cremonte email and attachments) (Korobkin, Daniel) (Entered: 03/24/2014)

PACER
2 March 24, 2014

SUMMONS Issued for *Livingston, County of* (DWor) (Entered: 03/24/2014)

PACER
3 March 24, 2014

SUMMONS Issued for *Bob Bezotte* (DWor) (Entered: 03/24/2014)

PACER
4 March 24, 2014

SUMMONS Issued for *Tom Cremonte* (DWor) (Entered: 03/24/2014)

PACER
5 March 25, 2014

NOTICE by American Civil Liberties Union Fund of Michigan of Companion Cases (Korobkin, Daniel) (Entered: 03/25/2014)

PACER
6 March 25, 2014

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union Fund of Michigan. (Steinberg, Michael) (Entered: 03/25/2014)

PACER
7 April 7, 2014

ORDER REASSIGNING CASE from District Judge Sean F. Cox to District Judge Denise Page Hood. (SSch) (Entered: 04/07/2014)

PACER
8 April 8, 2014

NOTICE of Appearance by Tara E. Mahoney on behalf of American Civil Liberties Union Fund of Michigan. (Mahoney, Tara) (Entered: 04/08/2014)

PACER
9 April 8, 2014

CERTIFICATE of Service/Summons Returned Executed. Livingston, County of served on 4/2/2014, answer due 4/23/2014. (Mahoney, Tara) (Entered: 04/08/2014)

PACER
11 April 9, 2014

MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by American Civil Liberties Union Fund of Michigan. (Korobkin, Daniel) (Entered: 04/09/2014)

PACER
12 April 11, 2014

ORDER Granting 11 MOTION for Temporary Restraining Order and Notice of Setting Hearing Date on 11 MOTION for Preliminary Injunction :( Response due by 4/25/2014 , Reply due by 5/2/2014 , Motion Hearing set for 5/12/2014 03:00 PM before District Judge Denise Page Hood ). Signed by District Judge Denise Page Hood. (JOwe) (Entered: 04/11/2014)

PACER
13 April 14, 2014

CERTIFICATE of Service/Summons Returned Executed.. (Mahoney, Tara) (Entered: 04/14/2014)

PACER
14 April 14, 2014

CERTIFICATE OF SERVICE re 12 Order, Set Motion and R&R Deadlines/Hearings, Terminate Motions,,, 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by All Plaintiffs (Steinberg, Michael) (Entered: 04/14/2014)

PACER
15 April 16, 2014

CERTIFICATE of Service/Summons Returned Executed. Bob Bezotte served on 4/16/2014, answer due 5/7/2014. (Mahoney, Tara) (Entered: 04/16/2014)

PACER
16 April 17, 2014

NOTICE of Appearance by T. Joseph Seward on behalf of All Defendants. (Seward, T.) (Entered: 04/17/2014)

PACER
17 April 17, 2014

ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Attachments: # 1 Document Continuation Affirmative Defenses, # 2 Document Continuation Demand for Trial by Jury) (Seward, T.) (Entered: 04/17/2014)

PACER
18 April 17, 2014

MOTION to Strike 1 Complaint,,, Plaintiff's Exhibit H by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit) (Seward, T.) (Entered: 04/17/2014)

PACER
19 April 18, 2014

NOTICE OF HEARING on 18 MOTION to Strike 1 Complaint, Plaintiff's Exhibit H . Motion Hearing set for 5/12/2014 03:00 PM before District Judge Denise Page Hood (JOwe) (Entered: 04/18/2014)

PACER
20 April 21, 2014

RESPONSE to 18 MOTION to Strike 1 Complaint,,, Plaintiff's Exhibit H filed by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Defendants' Motion for Sanctions, # 3 Exhibit B − ACLU's Response in Opposition, # 4 Exhibit C − Defendants' Reply to ACLU's Response) (Korobkin, Daniel) (Entered: 04/21/2014)

PACER
21 April 24, 2014

MOTION for Temporary Restraining Order (Extension of) by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Exhibit Korobkin Declaration) (Korobkin, Daniel) (Entered: 04/24/2014)

PACER
22 April 25, 2014

RESPONSE to 21 MOTION for Temporary Restraining Order (Extension of) filed by All Defendants. (Curlew, Douglas) (Entered: 04/25/2014)

PACER
23 April 25, 2014

ORDER Granting Motion for Extension of Temporary Restraining Order 21 . Signed by District Judge Denise Page Hood. (LSau)

RECAP
24 April 25, 2014

RESPONSE to 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Lt. Cremonte Dep, # 3 Exhibit McKay v. Federspiek, # 4 Exhibit Marr v. James, # 5 Exhibit Chatman v. Felker, # 6 Exhibit Standly v. Lyder, # 7 Exhibit Hymes v. Grimmett, # 8 Exhibit Samonte v. Maglinti, # 9 Exhibit Blizzard v. Matty, # 10 Exhibit Auscape Int'l v. Nat'l Geo. Society, # 11 Exhibit Hood v. Central United Life, # 12 Exhibit EEOC v. CRST, # 13 Exhibit Caldwell v. Folino, # 14 Exhibit Roddy v. West Virginia, # 15 Exhibit Cotner v. Knight, # 16 Exhibit Anderson v. Prisoner Health, # 17 Exhibit Fisher v. Caruso) (Kaczmarek, Lindsey) (Entered: 04/25/2014)

PACER
25 April 25, 2014

MOTION for Leave to File Excess Pages in Support of Response to Plaintiff's Motion for Preliminary Injunction by All Defendants. (Kaczmarek, Lindsey) (Entered: 04/25/2014)

PACER
27 April 28, 2014

SUPPLEMENTAL BRIEF re 18 MOTION to Strike 1 Complaint,,, Plaintiff's Exhibit H in Support filed by All Defendants. (Lowry, Sara) (Entered: 04/28/2014)

PACER
28 May 2, 2014

MOTION by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Marr v. James, # 3 Exhibit 2 Chatman v. Felker, # 4 Exhibit 3 Standley v. Lyder, # 5 Exhibit 4 Hymes v. Grimmett, # 6 Exhibit 5 Samonte v. Maglinti, # 7 Exhibit 6 Blizzard v. Matty, # 8 Exhibit 7 Auscape Int'l v. Nat'l Geographic Society, # 9 Exhibit 8 Hood v. Central United Life Insurance Company, # 10 Exhibit 9 E.E.O.C. v. C.R.S.T. Van Expedited, Inc.) (Curlew, Douglas) (Entered: 05/02/2014)

PACER
29 May 2, 2014

REPLY to Response re 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Cremonte Deposition Transcript (additional excerpts), # 3 Exhibit B − Inmate Rules & Regulations, # 4 Exhibit C − Prain Declaration from PLN v. Bezotte, # 5 Exhibit D − Sample Envelope from ACLU to Inmate) (Korobkin, Daniel) (Entered: 05/02/2014)

PACER
30 May 2, 2014

MOTION for Leave to File Excess Pages by American Civil Liberties Union Fund of Michigan. (Korobkin, Daniel) (Entered: 05/02/2014)

PACER
31 May 7, 2014

ORDER Granting Defendants' Ex Parte 25 Motion to File Oversized Brief In Support of Response to Plaintiff's Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (Loury, R) (Entered: 05/07/2014)

PACER
32 May 7, 2014

ORDER Granting Plaintiff's 30 Motion for Leave to Exceed Page Limit. Signed by District Judge Denise Page Hood. (Loury, R) (Entered: 05/07/2014)

PACER
33 May 9, 2014

Notice of Determination of Motion Without Oral Argument re 28 MOTION. (LSau) (Entered: 05/09/2014)

PACER
May 12, 2014

Minute Entry for proceedings held before District Judge Denise Page Hood: Motion Hearing held on 5/12/2014 re 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by American Civil Liberties Union Fund of Michigan Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Cheryl Warren Daniel) (LSau) (Entered: 05/13/2014)

PACER
34 May 15, 2014

ORDER granting Plaintiff's 11 Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (JOwe)

RECAP
35 May 15, 2014

NOTICE OF APPEAL by All Defendants. Receipt No: 0645−4644603 − Fee: $ 505 − Fee Status: Fee Paid. (Attachments: # 1 Exhibit Order Granting Plaintiff's Motion for Injunction) (Daley, Karen) (Entered: 05/15/2014)

PACER
36 May 16, 2014

Certificate of Service re 35 Notice of Appeal. (KKra) (Entered: 05/16/2014)

PACER
37 May 16, 2014

Emergency MOTION to Stay Injunction Pending Appeal by All Defendants. (Seward, T.) (Entered: 05/16/2014)

PACER
38 May 19, 2014

RESPONSE to 37 Emergency MOTION to Stay Injunction Pending Appeal Plaintiff's Response in Opposition to Defendants' Emergency Motion to Stay Injunction Pending Appeal filed by American Civil Liberties Union Fund of Michigan. (Mahoney, Tara) (Entered: 05/19/2014)

PACER
39 May 19, 2014

Notice of Determination of Motion Without Oral Argument re 37 Emergency MOTION to Stay Injunction Pending Appeal (LSau) (Entered: 05/19/2014)

PACER
May 22, 2014

Court Reporter Acknowledgment of Transcript Order Form received on 052214. Transcript for court proceeding held on: 051214. Estimated transcript completion date: 062214. Estimated number of pages: 45. Payment arrangements were made on 052214. (Daniel, C.) (Entered: 05/22/2014)

PACER
40 May 23, 2014

REPLY to Response re 37 Emergency MOTION to Stay Injunction Pending Appeal filed by All Defendants. (Kaczmarek, Lindsey) (Entered: 05/23/2014)

PACER
41 May 27, 2014

ORDER denying 37 Motion to Stay Pending Appeal. Signed by District Judge Denise Page Hood. (JOwe)

RECAP
June 16, 2014

Minute Entry for proceedings held before District Judge Denise Page Hood: Scheduling Conference held on 6/16/2014 (LSau) (Entered: 06/17/2014)

PACER
43 June 19, 2014

SCHEDULING ORDER: Discovery due by 3/16/2015 Dispositive Motion Cut−off set for 4/16/2015 Final Pretrial Conference set for 7/13/2015 02:00 PM before District Judge Denise Page Hood Jury Trial set for 8/11/2015 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (JOwe) (Entered: 06/19/2014)

PACER
44 July 10, 2014

ORDER from U.S. Court of Appeals − Sixth Circuit re 35 Notice of Appeal filed by Livingston, County of, Tom Cremonte, Bob Bezotte [Appeal Case Number 14−1617] (KKra) (Entered: 07/18/2014)

PACER
45 Aug. 1, 2014

TRANSCRIPT of Motion Hearing held on 5/12/14. (Court Reporter/Transcriber: Cheryl Daniel) (Number of Pages: 32) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber 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 8/22/2014. Redacted Transcript Deadline set for 9/2/2014. Release of Transcript Restriction set for 10/30/2014. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Daniel, C.) (Entered: 08/01/2014)

PACER
46 Sept. 15, 2014

WITNESS LIST by American Civil Liberties Union Fund of Michigan (Rolecki, John) (Entered: 09/15/2014)

PACER
47 Sept. 16, 2014

WITNESS LIST by All Defendants (Seward, T.) (Entered: 09/16/2014)

PACER
48 Sept. 17, 2014

ATTORNEY APPEARANCE: John Joseph Rolecki appearing on behalf of American Civil Liberties Union Fund of Michigan (Rolecki, John) (Entered: 09/17/2014)

PACER
49 Oct. 14, 2014

MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents, # 3 Exhibit B − Defendants' Answer and Objections to Plaintiff's First Set of Interrogatories and Requests for Production of Documents, # 4 Exhibit Letter to T. Joseph Seward, Esq. dated August 13, 2014) (Rolecki, John) (Entered: 10/14/2014)

PACER
50 Oct. 28, 2014

RESPONSE to 49 MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Seward, T.) (Entered: 10/28/2014)

PACER
51 Oct. 30, 2014

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 49 MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 filed by American Civil Liberties Union Fund of Michigan. Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/30/2014)

PACER
52 Nov. 5, 2014

MOTION Seeking Protective Order by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Deposition Notices, # 3 Exhibit B − Letter to John Rolecki Dated October 31, 2014, # 4 Exhibit C − Cremonte Transcript, # 5 Exhibit D − Davis Transcripot, # 6 Exhibit E − Clerical staff that were deposed) (Seward, T.) (Entered: 11/05/2014)

PACER
53 Nov. 5, 2014

MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Deposition Notices of Tom Cremonte, Bob Bezotte and Livingston County, # 3 Exhibit B − T. Joseph Seward letter dated 10/31/2014, # 4 Exhibit C − Tom Cremonte Deposition Extracts) (Rolecki, John) (Entered:

PACER
55 Nov. 7, 2014

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions filed by American Civil Liberties Union Fund of Michigan, 52 MOTION Seeking Protective Order filed by Livingston, County of, Tom Cremonte, Bob Bezotte. Signed by District Judge Denise Page Hood. (LSau) (Entered: 11/07/2014)

PACER
56 Nov. 13, 2014

NOTICE OF HEARING on 52 MOTION Seeking Protective Order, 53 MOTION to Compel Defendants' Depositions , and 49 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20. Resolved/Unresolved Issues due by 12/9/2014. Motion Hearing set for 12/11/2014 at 10:00 AM before Magistrate Judge R. Steven Whalen . (THac) (Entered: 11/13/2014)

PACER
57 Nov. 17, 2014

RESPONSE to 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions filed by All Defendants. (Seward, T.) (Entered: 11/17/2014)

PACER
58 Nov. 19, 2014

RESPONSE to 52 MOTION Seeking Protective Order ACLU's Response in Opposition to Defendants' Motion Seeking Protective Order Under Civ. P. 26(b(2)(C) and 26(c)(1) filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 11/19/2014)

PACER
59 Nov. 24, 2014

REPLY to Response re 52 MOTION Seeking Protective Order filed by All Defendants. (Seward, T.) (Entered: 11/24/2014)

PACER
60 Nov. 24, 2014

REPLY to Response re 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions Plaintiff's Reply Brief in Further Support of Its Motion to Compel Defendants' Depositions filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 11/24/2014)

PACER
61 Dec. 9, 2014

STATEMENT of Resolved and Unresolved Issues Joint List of Unresolved Issues by American Civil Liberties Union Fund of Michigan (Rolecki, John) (Entered: 12/09/2014)

PACER
62 Dec. 11, 2014

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 49 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C) (Entered: 12/11/2014)

PACER
63 Dec. 11, 2014

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' 52 Motion FOR A PROTECTIVE ORDERAND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 53 Motion TO COMPEL DEPOSITIONS. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C) (Entered: 12/11/2014)

PACER
Dec. 11, 2014

Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Motion Hearing held on 12/11/2014 re 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions filed by American Civil Liberties Union Fund of Michigan, 49 MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 filed by American Civil Liberties Union Fund of Michigan, 52 MOTION Seeking Protective Order filed by Livingston, County of, Tom Cremonte, Bob Bezotte − Disposition: DEFENDANTS' 52 MOTION AND PLAINTIFF'S 53 MOTION ARE BOTH GRANTED IN PART AND DENIED IN PART − PLAINTIFF'S 49 MOTION IS GRANTED IN PART AND DENIED IN PART. (Tape #RSW 12/11/2014) (Ciesla, C) (Entered: 12/11/2014)

PACER
64 Dec. 19, 2014

NOTICE by All Defendants re 63 Order on Motion − Free, Defendants' Objections to Magistrate Judge's Order (Seward, T.) (Entered: 12/19/2014)

PACER
66 March 6, 2015

MOTION TO EXTEND Discovery Period by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 03/06/2015)

PACER
67 March 6, 2015

MOTION for Protective Order Under Fed. R.Civ. P. 26(b)(2)(C) and 26(c)(1) by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Defendants' First Set of Interrogatories and Request for Production of Documents Directed to Plaintiff, American Civil Liberties Union Fund of Michigan, # 3 Exhibit B− Plaintiff's Resposes to Defendants' First Set of Interrogatories Directed to Plaintiff, American Civil Liberties Union Fund of Michigan, # 4 Exhibit C − Notice of Taking Video Deposition, Duces Tecum of Representative(s) of Plaintiff, American Civil Liberties Union Fund of Michigan) (Rolecki, John) (Entered: 03/06/2015)

PACER
68 March 11, 2015

NOTICE OF HEARING on 66 MOTION TO EXTEND Discovery Period , 67 MOTION for Protective Order Under Fed. R.Civ. P. 26(b)(2)(C) and 26(c)(1) . Motion Hearing set for 4/16/2015 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 03/11/2015)

PACER
69 March 23, 2015

RESPONSE to 66 MOTION TO EXTEND Discovery Period filed by Bob Bezotte, Tom Cremonte, Livingston, County of. (Seward, T.) (Entered: 03/23/2015)

PACER
70 March 23, 2015

RESPONSE to 52 MOTION Seeking Protective Order filed by Bob Bezotte, Tom Cremonte, Livingston, County of. (Seward, T.) (Entered: 03/23/2015)

PACER
71 March 30, 2015

REPLY to Response re 67 MOTION for Protective Order Under Fed. R.Civ. P. 26(b)(2)(C) and 26(c)(1) filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 03/30/2015)

PACER
72 March 30, 2015

REPLY to Response re 66 MOTION TO EXTEND Discovery Period filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 03/30/2015)

PACER
April 16, 2015

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 4/16/2015 re 67 MOTION for Protective Order − TAKEN UNDER ADVISEMENT; and 66 MOTION TO EXTEND Discovery Period − RULE ON THE BRIEFS. (Court Reporter Cheryl Warren Daniel) (LSau) (Entered: 04/17/2015)

PACER
July 1, 2015

TEXT−ONLY NOTICE: Final Pretrial Conference Hearing on July 13, 2015 and Jury Trial on August 11, 2015 are Cancelled re 43 Scheduling Order. (LSau) (Entered: 07/01/2015)

PACER
73 July 9, 2015

NOTICE of Appearance by Lindsey A. Kaczmarek on behalf of All Defendants. (Kaczmarek, Lindsey) (Entered: 07/09/2015)

PACER
74 July 24, 2015

STIPULATION AND ORDER for substitution of counsel. Signed by District Judge Denise Page Hood. (DPer) (Entered: 07/24/2015)

PACER
75 Aug. 11, 2015

JUDGMENT from U.S. Court of Appeals − Sixth Circuit re 35 Notice of Appeal filed by Livingston, County of, Tom Cremonte, Bob Bezotte [Appeal Case Number 14−1617] (KCla) (Entered: 08/17/2015)

PACER
76 Oct. 7, 2015

MANDATE from U.S. Court of Appeals − Sixth Circuit as to 35 Notice of Appeal filed by Livingston, County of, Tom Cremonte, Bob Bezotte, 75 Appeal Order/Opinion/Judgment [Appeal Case Number 14−1617] (Ahmed, N) (Entered: 10/07/2015)

PACER
77 Nov. 25, 2015

NOTICE TO APPEAR: Status Conference set for 12/14/2015 02:00 PM before District Judge Denise Page Hood (DPar) (Entered: 11/25/2015)

PACER
78 Dec. 14, 2015

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/11/2016 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 12/14/2015)

PACER
Dec. 14, 2015

Minute Entry for proceedings before District Judge Denise Page Hood: Status Conference held on 12/14/2015 (LSau) (Entered: 12/14/2015)

PACER
Jan. 7, 2016

TEXT−ONLY NOTICE: Status Conference Hearing on January 11, 2016 is Cancelled re 78 Notice to Appear. (LSau) (Entered: 01/07/2016)

PACER
80 Jan. 15, 2016

STIPULATED ORDER for Deposition of Tom Cremonte Signed by District Judge Denise Page Hood. (KJac) (Entered: 01/15/2016)

PACER
81 March 4, 2016

LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 15−836] [Court of Appeals Case Number: 14−1617] (Ahmed, N) (Entered: 03/04/2016)

PACER
82 March 31, 2016

ORDER Regarding Various Motions and Setting Status Conference Date. Signed by District Judge Denise Page Hood. (LSau)

RECAP
83 March 31, 2016

NOTICE TO APPEAR: Status Conference set for 6/15/2016 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 03/31/2016)

PACER
84 May 6, 2016

MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 05/06/2016)

PACER
85 May 9, 2016

NOTICE OF HEARING on 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance . Motion Hearing set for 5/16/2016 11:00 AM before District Judge Denise Page Hood (LSau) (Entered: 05/09/2016)

PACER
May 13, 2016

Set/Reset Deadlines as to 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance . Motion Hearing set for 5/19/2016 09:30 AM (TIME CHANGE ONLY) before District Judge Denise Page Hood (LSau) (Entered: 05/13/2016)

PACER
May 13, 2016

Set/Reset Deadlines as to 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance . Motion Hearing set for 5/16/2016 09:30 AM before District Judge Denise Page Hood (LSau) (Entered: 05/13/2016)

PACER
May 16, 2016

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 5/16/2016 re 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance filed by American Civil Liberties Union Fund of Michigan Disposition: Motion granted (Court Reporter: Cheryl Daniel) (LSau) (Entered: 05/16/2016)

PACER
86 May 17, 2016

ORDER REFERRING OTHER MATTERS to Magistrate Judge David R. Grand : Settlement Conference. Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/17/2016)

PACER
87 May 17, 2016

NOTICE TO APPEAR: Settlement Conference set for 6/6/2016 09:30 AM before Magistrate Judge David R. Grand (EBut) (Entered: 05/17/2016)

PACER
88 May 24, 2016

ORDER Regarding Plaintiff's Motion for Facilitation Conference and to Hold Discovery In Abeyance 84 . Signed by District Judge Denise Page Hood. (LSau)

RECAP
89 May 27, 2016

Appear*

RECAP
June 3, 2016

Set Deadlines/Hearings: Status Conference RESET for 7/18/2016 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 06/03/2016)

PACER
90 June 16, 2016

Appear*

RECAP
91 June 21, 2016

~Util - Set Deadlines/Hearings AND Stipulation and Order

RECAP
Aug. 5, 2016

Minute Entry for proceedings before Magistrate Judge David R. Grand: Settlement Conference held on 8/5/2016 Disposition: Settlement conference held. Parties shall continue their settlement discussions in good faith as directed by the Court. The Court will hold a telephonic continued settled conference on Monday, August 15, 2016, at 3:00 p.m. (EBut) (Entered: 08/08/2016)

PACER
92 Aug. 9, 2016

Withdrawal of Attorney

RECAP
93 Aug. 12, 2016

Substitution/Withdrawal of Attorney

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 24, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLU of Michigan

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Livingston County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Eastern District of Michigan 2:14-cv-11213

U.S. Court of Appeals for the Sixth Circuit 14-01617

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Preliminary relief granted

Reporting

Issues

General/Misc.:

Access to lawyers or judicial system

Mail

Recommended Citation