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

2016 WL 106612

2016 WL 4437667

ACLU

ACLU Michigan

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)

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)

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

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

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

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

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

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

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

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)

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

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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

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

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

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

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

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)

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

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)

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)

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

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

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

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)

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)

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)

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

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

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)

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)

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

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

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)

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

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

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

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

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

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

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

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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

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)

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)

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

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

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

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