Case: Love v. Johnson

2:15-cv-11834 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 21, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 21, 2015, the six transgender individuals filed this lawsuit in the US District Court for the Eastern District of Michigan. The plaintiffs sued the Secretary of the State of Michigan under the Declaratory Judgment Act and 42 U.S.C. § 1983. The complaint alleged that the current Drivers License policy, put in place by the Secretary, violated the plaintiffs' rights to privacy (U.S. Const. amend. 14), free speech (U.S. Const. amed. 1), equal protection, interstate travel (U.S. Const. art. I…

On May 21, 2015, the six transgender individuals filed this lawsuit in the US District Court for the Eastern District of Michigan. The plaintiffs sued the Secretary of the State of Michigan under the Declaratory Judgment Act and 42 U.S.C. § 1983. The complaint alleged that the current Drivers License policy, put in place by the Secretary, violated the plaintiffs' rights to privacy (U.S. Const. amend. 14), free speech (U.S. Const. amed. 1), equal protection, interstate travel (U.S. Const. art. IV, § 2, cl. 1), and independence in making important medical decisions. The plaintiffs, represented by the ACLU, asked the court to order the State to change the Drivers License policy and put in its place a system, like those found in Washington and California, which allow transgender persons to change their gender identification without obtaining an amended birth certificate or undergoing gender reassignment surgery. 2015 WL 3464089 (E.D.Mich.).

Obtaining an amended birth certificate can be difficult if not impossible. Not every transgender person needs or wants surgery and many people do not have insurance coverage or the money to pay for it. Most transgender people do not undergo such a procedure.

On November 16, 2015, Judge Edmunds denied defendant's motion for dismissal, rejecting defendants' argument that plaintiffs had failed to state a constitutional claim. The court decided that individuals had a privacy interest in the disclosure of information likely to result in the threat of bodily harm, and requiring plaintiffs to disclose their transgender status directly implicates their fundamental right to privacy. The court held that the defendant’s License Policy jeopardized the fundamental right to informational privacy, a plausible claim under the Fourteenth Amendment. The court did not adjudicate any additional constitutional questions on the plaintiffs’ remaining four claims. 146 F.Supp.3d 848.

On January 10, 2016, Judge Edmunds denied defendant’s motion for reconsideration of the November 16, 2015 order. It held that the defendant bore the burden of establishing that the License Policy was narrowly tailored to further a compelling state interest. The court rejected the defendant’s argument that if the court did not address the substantive merit of the remaining claims, the parties will be forced to pursue costly and voluminous discovery. It held that each of plaintiff’s five claims was tethered to one overarching concern, and sought the same relief – a declaration that the License Policy was unconstitutional. 2016 WL 106612.

On August 23, 2016, the court granted the defendant’s converted motion for summary judgment because the old License Policy had been abandoned and there was no longer a "live controversy" between the parties. This order was granted due to a change in policy that occurred in March 2016, when the defendant published a “a notice regarding an update to what is required for changing the sex designation on a driver license or personal identification card." Under the new policy, an applicant seeking to change the gender on their state ID “must provide any one of the following documents that show a sex other than currently designated on the drivers license or [personal identification card]: a certified birth certificate, a valid US Passport, valid US Passport Card or court order changing the sex of the individual.” This development was particularly important to the transgender community because, according to plaintiffs, the U.S. Department of State only requires a doctor’s certification that a person “has had appropriate clinical treatment for gender transition” to change the gender on their passport. Plaintiffs also agreed that the new, less restrictive policy conformed to “current scientific knowledge and research regarding transgender individuals and the medical standard of care for treating persons diagnosed with gender dysphoria.” 2016 WL 4437667.

This order closed the case in its entirety and it was dismissed.

Summary Authors

Erin Pamukcu (10/9/2015)

Katherine Reineck (12/5/2015)

Dawn Lui (12/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5418555/parties/love-v-johnson/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Anderson, Jacki Lynn (Illinois)

Derksen, Michael Frederik (Illinois)

Gilford, Steven R (Illinois)

Kaplan, Jay (Michigan)

Knight, John A. (Illinois)

Korobkin, Daniel S. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Barton, Denise C. (Michigan)

Judge(s)

Edmunds, Nancy Garlock (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Anderson, Jacki Lynn (Illinois)

Derksen, Michael Frederik (Illinois)

Gilford, Steven R (Illinois)

Kaplan, Jay (Michigan)

Knight, John A. (Illinois)

Korobkin, Daniel S. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Barton, Denise C. (Michigan)

Grill, Erik A. (Michigan)

Himebaugh, Kevin R. (Michigan)

Miller, Jeanmarie (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 23, 2016 Docket
1

Complaint

May 21, 2015 Complaint
36

Opinion Denying Defendant's Motion to Dismiss

146 F.Supp.3d 848, 2015 WL 7180471

Nov. 16, 2015 Order/Opinion
43

Order Denying Defendant's Motion for Reconsideration

2016 WL 106612

Jan. 10, 2016 Order/Opinion
78

Opinion and Order Granting Defendant's Converted Motion for Summary Judgment

2016 WL 4437667

Aug. 23, 2016 Order/Opinion

Resources

Title Description External URL

Love v. Johnson

ACLU

In May 2015, the ACLU filed a federal lawsuit against the Michigan Secretary of State challenging a department policy that makes it impossible for many transgender individuals to correct the gender o… May 21, 2015 https://www.aclu.org/...

Love v. Johnson: ID Lawsuit

ACLU Michigan

In 2011 the Michigan Secretary of State’s office implemented a policy that prohibited transgender persons from correcting the gender marker on their driver’s licenses unless they can produce an amend… https://www.aclumich.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5418555/love-v-johnson/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5171821 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Kaplan, Jay) (Entered: 05/21/2015)

May 21, 2015 PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DPer)

May 21, 2015 PACER
2

SUMMONS Issued for *Ruth Johnson* (DPer) (Entered: 05/21/2015)

May 21, 2015 PACER
3

NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 05/21/2015)

May 21, 2015 PACER
4

NOTICE of Appearance by John A. Knight on behalf of All Plaintiffs. (Knight, John) (Entered: 05/21/2015)

May 21, 2015 PACER
5

NOTICE of Appearance by Steven R. Gilford on behalf of All Plaintiffs. (Gilford, Steven) (Entered: 05/21/2015)

May 21, 2015 PACER
6

NOTICE of Appearance by Michael Frederik Derksen on behalf of All Plaintiffs. (Derksen, Michael) (Entered: 05/21/2015)

May 21, 2015 PACER
7

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 05/21/2015)

May 21, 2015 PACER
8

MOTION for Protective Order to Proceed Under Fictitious Names by A.M., E.B., K.S.. (Kaplan, Jay) (Entered: 05/21/2015)

May 21, 2015 PACER
9

NOTICE of Appearance by Jacki Lynn Anderson on behalf of A.M., E.B., K.S., Emani Love, Tina Seitz, Codie Stone. (Anderson, Jacki) (Entered: 05/26/2015)

May 26, 2015 PACER
10

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Kaplan, Jay) (Entered: 06/04/2015)

June 4, 2015 PACER
11

ATTORNEY APPEARANCE: Denise C. Barton appearing on behalf of Ruth Johnson (Barton, Denise) (Entered: 06/11/2015)

June 11, 2015 PACER
12

ORDER Requiring Defendant's Response to Pltf's 8 Motion for Protective Order. Response due by 6/29/2015 Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 06/15/2015)

June 15, 2015 PACER
13

STIPULATION AND ORDER extending time to 7/16/15 for defts to plead and to respond to pltf's motion for protective order. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 06/15/2015)

June 15, 2015 PACER
14

ORDER REFERRING MOTION to Magistrate Judge Elizabeth A. Stafford: 8 MOTION for Protective Order to Proceed Under Fictitious Names filed by K.S., E.B., A.M.. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 06/15/2015)

June 15, 2015 PACER
15

NOTICE OF HEARING on 8 MOTION for Protective Order to Proceed Under Fictitious Names. Motion Hearing set for 8/24/2015 at 11:00 AM before Magistrate Judge Elizabeth A. Stafford. (MarW) (Entered: 06/15/2015)

June 15, 2015 PACER
16

MOTION to Dismiss by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A. Driver License Manual (DLM), # 3 Exhibit B. Michigan Drivers License Sample) (Grill, Erik) (Entered: 07/16/2015)

July 16, 2015 PACER
17

RESPONSE to 8 MOTION for Protective Order to Proceed Under Fictitious Names filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A. Proposed Stipulated Order) (Grill, Erik) (Entered: 07/16/2015)

July 16, 2015 PACER
18

MOTION to Stay Discovery by Ruth Johnson. (Grill, Erik) (Entered: 07/16/2015)

July 16, 2015 PACER
19

NOTICE OF HEARING on 16 MOTION to Dismiss . Motion Hearing set for 10/7/2015 02:00 PM before District Judge Nancy G. Edmunds (CBet) (Entered: 07/17/2015)

July 17, 2015 PACER
20

ORDER Requiring pltf's Response to 18 Motion to Stay. Response due by 7/31/2015 Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 07/17/2015)

July 17, 2015 PACER
21

REPLY to Response re 8 MOTION for Protective Order to Proceed Under Fictitious Names filed by A.M., E.B., K.S.. (Attachments: # 1 Exhibit A) (Derksen, Michael) (Entered: 07/27/2015)

July 27, 2015 PACER
22

STIPULATION AND ORDER extending time for pltf to respond to deft's motion to dismiss by 8/24/15; reply due by 9/9/15. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 07/28/2015)

July 28, 2015 PACER
23

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW) (Entered: 07/28/2015)

July 28, 2015 PACER

TEXT-ONLY NOTICE: Hearing on 8/24/15 is Cancelled re 15 Notice of Hearing on Motion for Protective Order. (MarW)

July 28, 2015 PACER
24

RESPONSE to 18 MOTION to Stay Discovery filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Derksen, Michael) (Entered: 07/31/2015)

July 31, 2015 PACER
25

OPINION & ORDER denying 18 Motion to Stay discovery. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 08/05/2015)

Aug. 5, 2015 RECAP
26

RESPONSE to 16 MOTION to Dismiss filed by All Plaintiffs. (Derksen, Michael) (Entered: 08/24/2015)

Aug. 24, 2015 PACER
27

STIPULATION AND ORDER extending time to 9/16/15 for deft to file reply with extension of 15 page limit. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 09/01/2015)

Sept. 1, 2015 PACER
28

REPLY to Response re 16 MOTION to Dismiss filed by Ruth Johnson. (Grill, Erik) (Entered: 09/16/2015)

Sept. 16, 2015 PACER
29

NOTICE OF HEARING on 16 MOTION to Dismiss . Motion Hearing RESET for 11/4/2015 02:00 PM before District Judge Nancy G. Edmunds (CBet) (Entered: 09/25/2015)

Sept. 25, 2015 PACER
30

MOTION for Protective Order by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A. August 27, 2015 email from Carol J. Bethel) (Grill, Erik) (Entered: 10/05/2015)

Oct. 5, 2015 PACER
31

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Grill, Erik) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
32

ATTORNEY APPEARANCE: Jeanmarie Miller appearing on behalf of Ruth Johnson (Miller, Jeanmarie) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
33

ATTORNEY APPEARANCE: Kevin R. Himebaugh appearing on behalf of Ruth Johnson (Himebaugh, Kevin) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
34

STIPULATION AND ORDER w/drawing deft's motion for protective order and extending time to 11/6/15 for deft to respond to pltf's discovery request. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 10/09/2015)

Oct. 9, 2015 PACER

Minute Entry for proceedings before District Judge Nancy G. Edmunds: Motion Hearing held on 11/4/2015 re 16 MOTION to Dismiss filed by Ruth Johnson Disposition: taken under advisement(Court Reporter Suzanne Jacques) (CBet)

Nov. 4, 2015 PACER
35

TRANSCRIPT of Motion to Dismiss held on 11/4/2015. (Court Reporter: Suzanne Jacques(email: jacques@transcriptorders.com)) (Number of Pages: 29) 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 12/1/2015. Redacted Transcript Deadline set for 12/11/2015. Release of Transcript Restriction set for 2/8/2016. 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. (Jacques, S.) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
36

OPINION & ORDER denying 16 Motion to Dismiss. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 11/16/2015)

Nov. 16, 2015 RECAP
37

NOTICE TO APPEAR: Scheduling Conference set for 12/16/2015 11:00 AM before District Judge Nancy G. Edmunds (CBet) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
38

ANSWER to Complaint with Affirmative Defenses with Jury Demand Defendant's Answer and Affirmative Defenses with Certificate of Service by Ruth Johnson. (Grill, Erik) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
39

Redacted Version of 35 TRANSCRIPT of Motion to Dismiss held on 11/4/2015. Release of Transcript Restriction set for 2/8/2016. (Jacques, S.) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
40

MOTION for Reconsideration re 36 Order on Motion to Dismiss by Ruth Johnson. (Grill, Erik) (Entered: 11/30/2015)

Nov. 30, 2015 PACER

Minute Entry for proceedings before District Judge Nancy G. Edmunds: Telephonic Scheduling Conference held on 12/16/2015 (CBet)

Dec. 16, 2015 PACER
41

SCHEDULING ORDER: witness list due 2/15/16; Discovery due by 4/15/2016 Dispositive Motion Cut-off set for 5/16/2016 Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (CBet) (Entered: 12/16/2015)

Dec. 16, 2015 PACER
42

STIPULATION AND ORDER w/drawing jury demand. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 12/30/2015)

Dec. 30, 2015 PACER
43

OPINION & ORDER denying 40 Motion for Reconsideration. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 01/10/2016)

Jan. 10, 2016 RECAP
44

STIPULATION AND ORDER extending time to 2/22/16 for witness disclosure. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 02/11/2016)

Feb. 11, 2016 PACER
45

WITNESS LIST by All Plaintiffs (Derksen, Michael) (Entered: 02/22/2016)

Feb. 22, 2016 PACER
46

CERTIFICATE OF SERVICE by Ruth Johnson of Defendant's Witness List (Grill, Erik) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
47

MOTION to Bar Expert by All Plaintiffs. (Attachments: # 1 Exhibit Declaration) (Derksen, Michael) (Entered: 03/01/2016)

March 1, 2016 PACER
48

MOTION for Judgment on the Pleadings on Grounds of Mootness by Ruth Johnson. (Grill, Erik) (Entered: 03/10/2016)

March 10, 2016 PACER
49

MOTION for Protective Order by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A. Deposition Notice, # 3 Exhibit B. Mr. Derksen's 2/18/16 email, # 4 Exhibit C. Jackson v. City of Detroit, # 5 Exhibit D. Jameson v. Oakland County) (Grill, Erik) (Entered: 03/10/2016)

March 10, 2016 PACER
50

STIPULATION AND ORDER extending time to 3/31/16 for pltf to respond to motion for protective order with pltf's notice of deposition of deft Johnson held in abeyance pending ruling on motion; deft granted to 4/7/16 to reply; deft granted to 3/22/16 to respond to pltf's motion to bar; reply due 3/29/16. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 03/17/2016)

March 17, 2016 PACER
51

RESPONSE to 47 MOTION to Bar Expert filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibit, # 2 Exhibit 1. Email between Counsel) (Grill, Erik) (Entered: 03/22/2016)

March 22, 2016 PACER
52

NOTICE OF HEARING on 48 MOTION for Judgment on the Pleadings on Grounds of Mootness. Motion Hearing set for 5/4/2016 02:00 PM before District Judge Nancy G. Edmunds (CBet) (Entered: 03/22/2016)

March 22, 2016 PACER
53

REPLY to Response re 47 MOTION to Bar Expert filed by All Plaintiffs. (Derksen, Michael) (Entered: 03/29/2016)

March 29, 2016 PACER
54

RESPONSE to 49 MOTION for Protective Order filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Derksen, Michael) (Entered: 03/31/2016)

March 31, 2016 PACER
55

Joint MOTION TO EXTEND Scheduling Order Dates by Ruth Johnson. (Himebaugh, Kevin) (Entered: 04/01/2016)

April 1, 2016 PACER
56

ORDER granting Extension of SCHEDULING ORDER: by 60 days: ( Discovery extended to 6/16/2016, Dispositive Motion Cut-off extended to 7/15/2016), Motions terminated: 55 Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (CBet) (Entered: 04/01/2016)

April 1, 2016 PACER
57

REPLY to Response re 48 MOTION for Judgment on the Pleadings on Grounds of Mootness filed by All Plaintiffs. (Derksen, Michael) (Entered: 04/04/2016)

April 4, 2016 PACER
58

DECLARATION by Jay Kaplan In Support of Response filed by All Plaintiffs (Attachments: # 1 Exhibit, # 2 Document Continuation, # 3 Document Continuation, # 4 Document Continuation) (Derksen, Michael) (Entered: 04/05/2016)

April 4, 2016 PACER
59

REPLY to Response re 49 MOTION for Protective Order filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibt, # 2 Exhibit A. Wartella deposition transcript pages) (Grill, Erik) (Entered: 04/07/2016)

April 7, 2016 PACER
60

STIPULATION AND ORDER granting pltf leave to supplement the record; deft to file reply brief in support of motion for judgment by 4/22/16. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 04/19/2016)

April 19, 2016 PACER
61

SUPPLEMENTAL BRIEF re 57 Reply to Response to Motion, 60 Stipulation and Order, 54 Response to Motion filed by All Plaintiffs. (Attachments: # 1 Exhibit Wartella Transcript Excerpts) (Derksen, Michael) (Entered: 04/20/2016)

April 20, 2016 PACER
62

RESPONSE to 48 MOTION for Judgment on the Pleadings on Grounds of Mootness filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A. Michael Wartella deposition transcript pages, # 3 Exhibit B. Affidavit of Grace Ueberroth) (Grill, Erik) (Entered: 04/22/2016)

April 22, 2016 PACER
63

STIPULATION AND ORDER granting parties leave to supplement the record. Supplemental briefs shall be filed not later than 10:00 a.m. on 5/4/16. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 05/03/2016)

May 3, 2016 PACER
64

SUPPLEMENTAL BRIEF re 63 Stipulation and Order filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 13 to Wartella Dep., # 3 Exhibit 15 to Wartella Dep., # 4 Exhibit 18 to Wartella Dep.) (Derksen, Michael) (Entered: 05/03/2016)

May 3, 2016 PACER

Minute Entry for proceedings before District Judge Nancy G. Edmunds: Motion Hearing held on 5/4/2016 re 49 MOTION for Protective Order filed by Ruth Johnson. Motion Denied. Pltf's are permitted to depose Secretary Johnson for a period not to exceed 3 hours. Deposition must be completed by June 3, 2016. Subject matter is limited to: Statements made during Secretary Johnson's campaign related to policy for changing the gender on a state issued ID: and her intentions w/respect to maintain or changing the current policy, 48 MOTION for Judgment on the Pleadings on Grounds of Mootness filed by Ruth Johnson is held in abeyance following the deposition of Secretary Johnson. Parties may file supplemental briefs on or before June 17, 2016 not to exceed 5 pages. 47 MOTION to Bar Expert filed by K.S., E.B., Tina Seitz, Emani Love, A.M., Codie Stone is denied. Deft must identify experts by name and file amended witness list by June 3, 2016. (Court Reporter: Suzanne Jacques) (CBet)

May 4, 2016 PACER
66

STIP & ORDER Striking 65 Supplemental Brief and leave granted to refile with redactions. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 05/06/2016)

May 6, 2016 PACER
67

SUPPLEMENTAL BRIEF re 48 MOTION for Judgment on the Pleadings on Grounds of Mootness filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1. Discovery responses from E.B., # 3 Exhibit 2. Discovery responses from Tina Seitz, # 4 Exhibit 3. Discovery responses from Codie Stone, # 5 Exhibit 4. Discovery responses from K.S., # 6 Exhibit 5. Discovery responses from A.M., # 7 Exhibit 6. Discovery responses from Emani Love) (Grill, Erik) (Entered: 05/13/2016)

May 13, 2016 PACER
68

MOTION for Reconsideration by Ruth Johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A. May 4, 2016 Transcript, p 19, # 3 Exhibit B. Affidavit of Ruth Johnson) (Grill, Erik) (Entered: 05/17/2016)

May 17, 2016 PACER
69

ORDER Requiring Pltf's Response to 68 Motion for Reconsideration. Response due by 5/31/2016 Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 05/18/2016)

May 18, 2016 PACER
70

TRANSCRIPT of Motion Hearing held on 5/4/2016. (Court Reporter: Suzanne Jacques(email: jacques@transcriptorders.com)) (Number of Pages: 23) 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 6/8/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/16/2016. 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. (Jacques, S.) (Entered: 05/18/2016)

May 18, 2016 PACER
71

STIPULATION AND ORDER extending date to 6/10/16 to depose Sec Johnson per outline; and for extension of time for parties to file supplemental briefs per outline. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 05/29/2016)

May 29, 2016 PACER
72

RESPONSE to 68 MOTION for Reconsideration filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Derksen, Michael) (Entered: 05/31/2016)

May 31, 2016 PACER
73

NOTICE by Ruth Johnson of withdrawal of 68 MOTION for Reconsideration . (Grill, Erik) (Entered: 06/14/2016)

June 14, 2016 PACER
74

STIPULATED PROTECTIVE ORDER. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 06/15/2016)

June 15, 2016 PACER
75

SUPPLEMENTAL BRIEF re 48 MOTION for Judgment on the Pleadings on Grounds of Mootness filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Affidavit of Ruth Johnson, # 3 Exhibit B. Deposition excerpts of Michael Wartella, # 4 Exhibit C. Deposition excerpts of Ruth Johnson, # 5 Exhibit D. Deposition excerpts of A.M., # 6 Exhibit E. Deposition excerpts of Tina Seitz) (Grill, Erik) (Entered: 06/24/2016)

June 24, 2016 PACER
76

SUPPLEMENTAL BRIEF re 48 MOTION for Judgment on the Pleadings on Grounds of Mootness filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Derksen, Michael) (Entered: 06/24/2016)

June 24, 2016 PACER
77

REQUEST for Permission to Exceed Page Limit by All Plaintiffs. (Derksen, Michael) (Entered: 06/24/2016)

June 24, 2016 PACER

TEXT-ONLY ORDER re 77 granting Request of pltf to exceed page limit. Signed by District Judge Nancy G. Edmunds. (CBet)

June 27, 2016 PACER
78

OPINION and ORDER granting deft's 48 converted MOTION for Summary Judgment. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 08/23/2016)

Aug. 23, 2016 RECAP
79

JUDGMENT granting deft's converted motion for summary judgment; case dismissed. Signed by District Judge Nancy G. Edmunds. (CBet) (Entered: 08/23/2016)

Aug. 23, 2016 PACER

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: May 21, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff's are all members of the transgender community who are seeking to obtain Michigan Drivers Licenses that correctly identify their gender.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Department of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Access to public accommodations - governmental

Classification / placement

Drivers Licenses

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Race:

Race, unspecified

Affected Gender:

Female

Male

Type of Facility:

Government-run