Case: Parsons v. U.S. Department of Justice

2:14-cv-10071 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 8, 2014

Clearinghouse coding complete

Case Summary

On Jan. 8, 2014, six self-described "Juggalos" (or fans of the Insane Clown Posse, or any other Psychopathic Records hip hop group) filed this lawsuit against the U.S. Department of Justice and the Federal Bureau of Investigation in the U.S. District Court for the Eastern District of Michigan under the Administrative Procedures Act (APA) and Declaratory Judgment Act. The plaintiffs were represented by the ACLU and private counsel. Their complaint alleged that the FBI had conducted a "threat ass…

On Jan. 8, 2014, six self-described "Juggalos" (or fans of the Insane Clown Posse, or any other Psychopathic Records hip hop group) filed this lawsuit against the U.S. Department of Justice and the Federal Bureau of Investigation in the U.S. District Court for the Eastern District of Michigan under the Administrative Procedures Act (APA) and Declaratory Judgment Act. The plaintiffs were represented by the ACLU and private counsel. Their complaint alleged that the FBI had conducted a "threat assessment" in 2011 that classified Juggalos as a "loosely organized hybrid gang," a designation, the complaint alleged, that caused the plaintiffs various harms, including extra police attention. The plaintiffs alleged, under the APA, that the defendants had violated their constitutional rights in the following ways: (1) agency action contrary to the First Amendment's freedom of association, (2) agency action contrary to the First Amendment's freedom of expression, (3) agency action that violates due process under the Fifth Amendment, (4) arbitrary and capricious agency action, (5) agency action that fails to observe procedures required by law. The plaintiffs sought declaratory and injunctive relief.

The case was assigned to District Judge Robert Cleland. On Apr. 9, 2014, the defendants filed a motion to dismiss the case. On June 30, 2014, Judge Cleland granted the motion to dismiss, finding that the alleged injuries were not sufficiently certain or precise to allow them standing to sue. Parsons v. U.S. Department of Justice, 30 F.Supp.3d 648 (E.D. Mich. 2014).

The plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit. On Sept. 17, 2015, Judge Edmund A. Sargus, Jr., U.S. District Judge for the Southern District of Ohio, sitting by designation, authored a unanimous opinion reversing the district court's June 30, 2014, dismissal. Judge Sargus found that the plaintiffs did have standing to sue, and did not rule on the merits, but rather remanded the case to the district court. Parsons v. U.S. Department of Justice, 2015 WL 5446909, 801 F.3d 701 (6th Cir. 2015).

On Jan. 29, 2016, the defendants moved to dismiss the case, and the district court granted the motion on Sept. 29, 2016. The court found that the alleged harms were due to actions of third parties - for example, the local police and sheriff departments - and not the defendants. These harms were therefore not legal consequences, and did not qualify for judicial review under the APA. Further, the court held that the defendants' actions were the result of legally mandated agency discretion and therefore not subject to APA review. Separately, the court did not find merit in the plaintiffs' claim that their classification violated the due process requirement to avoid vagueness as the classification did not require anything of the plaintiffs. The plaintiffs filed notice of appeal on Oct. 13, 2016.

On Dec. 18, 2017, the Sixth Circuit affirmed the district court's dismissal of the case under the same final agency action analysis for APA claims. Echoing the lower court's analysis, it classified the DOJ report as a product of "independent agency decision making." Because the report was purely "informational," the court ruled that the plaintiffs had not demonstrated legal consequences flowing from it. Rather, the harms alleged stemmed from discretionary reliance on the designation by third parties.

We believe that the case is effectively closed.

Summary Authors

Margo Schlanger (9/20/2015)

Virginia Weeks (10/9/2017)

Chelsea Rinnig (2/28/2018)

Elizabeth Greiter (3/20/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4292399/parties/parsons-v-united-states-department-of-justice/


Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Cleland, Robert Hardy (Michigan)

Kethledge, Raymond M. (Michigan)

Komives, Paul J. (Michigan)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Bellanca, Joseph A. (Michigan)

Boufides, James D. (Michigan)

Haddad, Farris F. (Michigan)

Hertz, Howard (Michigan)

Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Cleland, Robert Hardy (Michigan)

Kethledge, Raymond M. (Michigan)

Komives, Paul J. (Michigan)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Bellanca, Joseph A. (Michigan)

Boufides, James D. (Michigan)

Haddad, Farris F. (Michigan)

Hertz, Howard (Michigan)

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Palacios, Emily C. (Michigan)

Steinberg, Michael J. (Michigan)

Thomson, Elizabeth C. (Michigan)

Attorneys(s) for Defendant

Powell, Amy E. (District of Columbia)

Sahu, Saura James (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Parsons v. United States Department of Justice

Feb. 9, 2018 Docket
1

Complaint

Jan. 8, 2014 Complaint
29

Opinion and Order Granting Defendants' Motion to Dismiss

30 F.Supp.3d 648

June 30, 2014 Order/Opinion
33

Opinion [Reversing Dismissal]

U. S. Court of Appeals for the Sixth Circuit

801 F.3d 701, 2015 WL 5446909

Sept. 17, 2015 Order/Opinion
46

Judgment

Parsons v. United States Department of Justice

Sept. 29, 2016 Order/Opinion
45

Opinion and Order Granting Defendants' Motion to Dismiss

211 F.Supp.3d 994, 2016 WL 5476284

Sept. 29, 2016 Order/Opinion
45

Opinion and Order Granting Defendants' Motion to Dismiss

Parsons v. United States Department of Justice

211 F.Supp.2d 994

Sept. 29, 2016 Order/Opinion
49

Opinion

U. S. Court of Appeals for the Sixth Circuit

878 F.3d 162

Dec. 18, 2017 Order/Opinion

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292399/parsons-v-united-states-department-of-justice/

Last updated May 20, 2022, 4:11 a.m.

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4443592 - Fee: $ 400. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne County - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Sahu, Saura) (Entered: 01/08/2014)

Jan. 8, 2014 RECAP

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 (KKra)

Jan. 8, 2014 PACER
2

SUMMONS Issued for *Federal Bureau of Investigation* (KKra) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
3

SUMMONS Issued for *United States Department of Justice* (KKra) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
4

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (KKra) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
5

NOTICE of Appearance by Howard Hertz on behalf of Joseph F. Bruce, Joseph W. Utsler. (Hertz, Howard) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
6

NOTICE of Appearance by Elizabeth C. Thomson on behalf of Joseph F. Bruce, Joseph W. Utsler. (Thomson, Elizabeth) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
7

NOTICE by Joseph F. Bruce, Joseph W. Utsler of Potentially Related Cases (Hertz, Howard) (Entered: 01/13/2014)

Jan. 13, 2014 PACER
8

NOTICE of Appearance by Daniel S. Korobkin on behalf of Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons. (Korobkin, Daniel) (Entered: 01/13/2014)

Jan. 13, 2014 PACER
9

NOTICE of Appearance by Michael J. Steinberg on behalf of Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons. (Steinberg, Michael) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
10

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Plaintiffs. (Sahu, Saura) Modified on 1/15/2014 (KKra). [US ATTORNEY SERVED 1/10/14] (Entered: 01/14/2014)

Jan. 14, 2014 PACER
11

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney General served on January 10, 2014. (Sahu, Saura) (Entered: 01/30/2014)

Jan. 30, 2014 PACER
12

CERTIFICATE of Service/Summons Returned Executed. U.S. Department of Justice served on January 10, 2014. (Sahu, Saura) (Entered: 01/30/2014)

Jan. 30, 2014 PACER
13

CERTIFICATE of Service/Summons Returned Executed. Federal Bureau of Investigation served on January 10, 2014. (Sahu, Saura) (Entered: 01/30/2014)

Jan. 30, 2014 PACER
14

NOTICE of Appearance by Amy Powell on behalf of All Defendants. (Powell, Amy) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
15

MOTION for Extension of Time to File Response/Reply to the Complaint, Unopposed by All Defendants. (Powell, Amy) (Entered: 03/04/2014)

March 4, 2014 PACER
16

ORDER granting 15 Motion for Extension of Time to File Response 15 to the Complaint, Response due by 4/1/2014. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 03/13/2014)

March 13, 2014 PACER
17

NOTICE of Appearance by James D. Boufides on behalf of Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons. (Boufides, James) (Entered: 03/28/2014)

March 28, 2014 PACER
18

STIPULATION AND ORDER for Extension of Time for Defendants to file a response, ( Response due by 4/4/2014) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 03/31/2014)

March 31, 2014 PACER
19

Ex Parte MOTION for Leave to File Excess Pages by All Defendants. (Attachments: # 1 Proposed Filing - Motion to Dismiss and Supporting Memorandum, # 2 Exhibit Butler Declaration in Support of Motion to Dismiss) (Powell, Amy) (Entered: 04/04/2014)

1 Proposed Filing - Motion to Dismiss and Supporting Memorandum

View on PACER

2 Exhibit Butler Declaration in Support of Motion to Dismiss

View on PACER

April 4, 2014 PACER

TEXT-ONLY ORDER GRANTING 19 Ex Parte MOTION for Leave to File Excess Pages filed by United States Department of Justice, Federal Bureau of Investigation. Signed by District Judge Robert H. Cleland. (LWag)

April 7, 2014 PACER
20

MOTION to Dismiss by All Defendants. (Attachments: # 1 Exhibit Declaration of Diedre Butler) (Powell, Amy) (Entered: 04/09/2014)

1 Exhibit Declaration of Diedre Butler

View on PACER

April 9, 2014 PACER
21

NOTICE OF HEARING on 20 MOTION to Dismiss . Motion Hearing set for 6/4/2014 02:00 PM before District Judge Robert H. Cleland (LWag) (Entered: 04/11/2014)

April 11, 2014 PACER
22

STIPULATION AND ORDER for Extension of Time to Responses and Joint Request to Reschedule Hearing as to 20 MOTION to Dismiss :( Response due by 5/16/2014, Reply due by 5/30/2014, Motion Hearing re-set for 6/23/2014 02:00 PM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 04/30/2014)

April 30, 2014 PACER
23

ATTORNEY APPEARANCE: Emily C. Palacios appearing on behalf of Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons (Palacios, Emily) (Entered: 05/15/2014)

May 15, 2014 PACER
24

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: # 1 Exhibit Plaintiffs' Response to Defendants' Motion to Dismiss) (Sahu, Saura) (Entered: 05/16/2014)

1 Exhibit Plaintiffs' Response to Defendants' Motion to Dismiss

View on PACER

May 16, 2014 PACER

TEXT-ONLY ORDER GRANTING 24 Ex Parte MOTION for Leave to File Excess Pages filed by Robert Hellin, Joseph W. Utsler, Joseph F. Bruce, Scott Gandy, Brandon Bradley, Mark Parsons. Signed by District Judge Robert H. Cleland. (LWag)

May 20, 2014 PACER
25

RESPONSE to 20 MOTION to Dismiss filed by All Plaintiffs. (Sahu, Saura) (Entered: 05/20/2014)

May 20, 2014 PACER
26

STIPULATION AND ORDER for extension of time to file the reply as to 20 MOTION to Dismiss :( Reply due by 6/6/2014) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 06/01/2014)

June 1, 2014 PACER
27

Ex Parte MOTION for Leave to File Excess Pages by All Defendants. (Attachments: # 1 Proposed Filing - Defendants' Reply in Support of Motion to Dismiss) (Powell, Amy) (Entered: 06/06/2014)

1 Proposed Filing - Defendants' Reply in Support of Motion to Dismiss

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June 6, 2014 PACER

TEXT-ONLY ORDER GRANTING 27 Ex Parte MOTION for Leave to File Excess Pages filed by United States Department of Justice, Federal Bureau of Investigation. Signed by District Judge Robert H. Cleland. (LWag)

June 17, 2014 PACER
28

REPLY to Response re 20 MOTION to Dismiss filed by All Defendants. (Powell, Amy) (Entered: 06/17/2014)

June 17, 2014 PACER

Minute Entry for proceedings held before District Judge Robert H. Cleland: Motion Hearing held on 6/23/2014 re 20 MOTION to Dismiss filed by United States Department of Justice, Federal Bureau of Investigation Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Christin Russell) (LWag)

June 23, 2014 PACER
29

OPINION AND ORDER granting 20 Defendants' Motion to Dismiss. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 06/30/2014)

June 30, 2014 RECAP
30

NOTICE OF APPEAL by All Plaintiffs re 29 Order on Motion to Dismiss. Receipt No: 0645-4720248 - Fee: $ 505 - Fee Status: Fee Paid. (Sahu, Saura) (Entered: 07/08/2014)

July 8, 2014 RECAP
31

Certificate of Service re 30 Notice of Appeal. (TMcg) (Entered: 07/08/2014)

July 8, 2014 PACER

Court Reporter Acknowledgment of Transcript Order Form received on 7/17/2014. Transcript for court proceeding held on: 6/23/2014. Estimated transcript completion date: 8/16/2014. Estimated number of pages: 50. Payment arrangements were made on 7/21/2014. (Russell, C.)

July 21, 2014 PACER
32

TRANSCRIPT of Motion Hearing held on 6/23/2014. (Court Reporter/Transcriber: Christin E. Russell) (Number of Pages: 50) (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 8/15/2014. Redacted Transcript Deadline set for 8/25/2014. Release of Transcript Restriction set for 10/23/2014. 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. (Russell, C.) (Entered: 07/25/2014)

July 25, 2014 PACER
33

JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 30 Notice of Appeal filed by Robert Hellin, Joseph W. Utsler, Joseph F. Bruce, Scott Gandy, Brandon Bradley, Mark Parsons [Appeal Case Number 14-1848] (KCla) (Entered: 09/18/2015)

Sept. 17, 2015 RECAP
36

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 33 Appeal Order/Opinion/Judgment [Appeal Case Number 14-1848] (Ahmed, N) (Entered: 12/15/2015)

Nov. 19, 2015 PACER
34

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 12/17/2015 09:30 AM before District Judge Robert H. Cleland THE COURT WILL INITIATE THE CALL (LWag) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
35

NOTICE of Appearance by Joseph A. Bellanca on behalf of Joseph F. Bruce, Joseph W. Utsler. (Bellanca, Joseph) (Entered: 12/09/2015)

Dec. 9, 2015 PACER

Minute Entry for proceedings before District Judge Robert H. Cleland: Status Conference held on 12/17/2015, Set Motion and Response Deadline as to (Motion to Dismiss to be filed by 1/29/2016, Response due by 2/16/2016) Disposition: Government's Motion to Dismiss to be filed. Counsel to indicate if Oral Argument would be requested. (LWag)

Dec. 17, 2015 PACER
37

Second MOTION to Dismiss by All Defendants. (Powell, Amy) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
38

[STRICKEN] STIPULATION TO EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS by Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons (Palacios, Emily) Modified on 2/9/2016 (LWag). (Entered: 02/08/2016)

Feb. 8, 2016 PACER

TEXT-ONLY ORDER STRIKING as Improvidently filed 38 Stipulation filed by Robert Hellin, Scott Gandy, Brandon Bradley, Mark Parsons. Signed by District Judge Robert H. Cleland. (LWag)

Feb. 9, 2016 PACER
39

STIPULATION AND ORDER to Extend Time to File a Response as to 37 Second MOTION to Dismiss :( Response due by 3/14/2016) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 02/10/2016)

Feb. 10, 2016 PACER
40

STIPULATION AND ORDER Extending time to file responses as to 37 Second MOTION to Dismiss :( Response due by 4/4/2016, Reply due by 4/26/2016) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 03/11/2016)

March 11, 2016 PACER
41

Ex Parte MOTION for Leave to File Excess Pages by Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons. (Attachments: # 1 Plaintiffs' Response to Defendants' Motion to Dismiss) (Palacios, Emily) (Entered: 04/04/2016)

1 Plaintiffs' Response to Defendants' Motion to Dismiss

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April 4, 2016 PACER

TEXT-ONLY ORDER GRANTING 41 Ex Parte MOTION for Leave to File Excess Pages filed by Robert Hellin, Scott Gandy, Brandon Bradley, Mark Parsons and Directing Plaintiffs' to file their Brief in Opposition as soon as possible. Signed by District Judge Robert H. Cleland. (LWag)

April 5, 2016 PACER
42

RESPONSE to 37 Second MOTION to Dismiss filed by Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons. (Palacios, Emily) (Entered: 04/05/2016)

April 5, 2016 PACER
51

REPLY to Response re 10 MOTION to Dismiss for Lack of Personal Jurisdiction filed by WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Garfinkel, Michael) (Entered: 03/26/2014)

March 26, 2014
52

RESPONSE to 24 MOTION to Change Venue filed by LEE JASON KIBLER. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Def Jam's 2/27/12 Answer to Complaint, # 3 Exhibit 2 − Kid Cudi/"Logic" 2013 Tour Dates, # 4 Exhibit 3 − Declaration of Lee Jason Kibler, # 5 Exhibit 4 − Lyrics to "Logic" song Nasty, # 6 Exhibit 5 − Docket Congestion information for E.D. Mich and S.D.N.Y.) (Sneyd, Michael) (Entered: 03/27/2014)

March 27, 2014
43

MOTION for Leave to File Excess Pages by All Defendants. (Attachments: # 1 Proposed Reply Memorandum) (Powell, Amy) (Entered: 04/26/2016)

1 Proposed Reply Memorandum

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April 26, 2016 PACER

TEXT-ONLY ORDER GRANTING 43 MOTION for Leave to File Excess Pages filed by United States Department of Justice, Federal Bureau of Investigation. Signed by District Judge Robert H. Cleland. (LWag)

April 27, 2016 PACER

Minute Entry for proceedings held before District Judge Arthur J. Tarnow: Settlement Conference held on 3/28/2014 Disposition: Parties to schedule private mediation. Motions held in abeyance. (CPic) (Entered: 04/01/2014)

March 28, 2014
53

ANSWER to Complaint with Affirmative Defenses by DEF JAM RECORDS, INC.. (Brown, Brian) (Entered: 03/31/2014)

March 31, 2014
44

REPLY to Response re 37 Second MOTION to Dismiss filed by All Defendants. (Powell, Amy) (Entered: 04/29/2016)

April 29, 2016 PACER
45

OPINION AND ORDER granting 37 Defendants' Motion to Dismiss. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 09/29/2016)

Sept. 29, 2016 RECAP
54

NOTICE of Appearance by David S. Brafman on behalf of ROBERT BRYSON HALL, II, TEAM VISIONARY MUSIC GROUP, INC., THREE OH ONE PRODUCTIONS, LLC. (Brafman, David) (Entered: 04/07/2014)

April 7, 2014
46

JUDGMENT in favor of Defendants against Planitiff (LWag) (Entered: 09/29/2016)

Sept. 29, 2016 RECAP
55

REPLY to Response re 24 MOTION to Change Venue filed by ROBERT BRYSON HALL, II, TEAM VISIONARY MUSIC GROUP, INC., THREE OH ONE PRODUCTIONS, LLC. (Brafman, David) (Entered: 04/07/2014)

April 7, 2014
56

DECLARATION by Paul Rothenberg re 14 MOTION for Preliminary Injunction in Support of Bond if Motion is Granted filed by ROBERT BRYSON HALL, II, TEAM VISIONARY MUSIC GROUP, INC., THREE OH ONE PRODUCTIONS, LLC (Brafman, David) (Entered: 07/18/2014)

July 18, 2014
47

NOTICE OF APPEAL by Brandon Bradley, Scott Gandy, Robert Hellin, Mark Parsons re 45 Order on Motion to Dismiss. Receipt No: 0645-5913409 - Fee: $ 505 - Fee Status: Fee Paid. (Palacios, Emily)[FILING ERROR: NOTICE OF APPEAL FILED BY ALL PLAINTIFFS] Modified on 10/19/2016 (DPer). (Entered: 10/13/2016)

Oct. 13, 2016 PACER

Minute Entry for proceedings held before District Judge Arthur J. Tarnow: Motion Hearing held on 7/21/2014 re 14 MOTION for Preliminary Injunction , 24 MOTION to Change Venue , 10 MOTION to Dismiss. Disposition: denied(Court Reporter Denise Mosby). (CPic) Modified on 7/23/2014 (JPur). (Entered: 07/22/2014)

July 21, 2014
48

Certificate of Service re 47 Notice of Appeal. (DWor) (Entered: 10/13/2016)

Oct. 13, 2016 PACER
58

MOTION for Withdrawal of Attorney Michael A. Sneyd by LEE JASON KIBLER. (Sneyd, Michael) (Entered: 08/01/2014)

Aug. 1, 2014
49

OPINION AND JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 47 Notice of Appeal, filed by Robert Hellin, Scott Gandy, Brandon Bradley, Mark Parsons [Appeal Case Number 16-2440] (SKra) (Entered: 12/18/2017)

Dec. 18, 2017 RECAP
59

TRANSCRIPT OF HEARING ON MOTION FOR PRELIMINARY INJUNCTION, MOTION TO TRANSFER VENUE, AND MOTION TO DISMISS, held on 07/21/2014. (Court Reporter: Denise Mosby) (Number of Pages: 84) 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 8/28/2014. Redacted Transcript Deadline set for 9/8/2014. Release of Transcript Restriction set for 11/5/2014. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Mosby, D) (Entered: 08/07/2014)

Aug. 7, 2014
50

MANDATE from U.S. Court of Appeal as to 49 Appeal Order/Opinion/Judgment, 47 Notice of Appeal, filed by Robert Hellin, Scott Gandy, Brandon Bradley, Mark Parsons [Appeal Case Number 16-2440] (DWor) (Entered: 02/13/2018)

Feb. 9, 2018 PACER

Minute Entry for proceedings held before District Judge Arthur J. Tarnow: Telephonic Status Conference held on 8/13/2014. Disposition: Plaintiff Attorney Michael Sneyd is allowed to Withdraw. Deadline to file Motion to Reconsider due 8/25/2014. (MLan) (Entered: 08/14/2014)

Aug. 13, 2014
60

ORDER granting 58 MOTION for Withdrawal of Attorney Michael A. Sneyd as counsel to LEE JASON KIBLER. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/14/2014)

Aug. 14, 2014
61

ATTORNEY APPEARANCE: Enrico Schaefer appearing on behalf of LEE JASON KIBLER (Schaefer, Enrico) (Entered: 09/08/2014)

Sept. 8, 2014
62

ATTORNEY APPEARANCE: Mark G. Clark appearing on behalf of LEE JASON KIBLER (Clark, Mark) (Entered: 09/08/2014)

Sept. 8, 2014
63

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 9/18/2014 11:30 AM before District Judge Arthur J. Tarnow . Counsel are directed to confer prior to the conference. Scheduling Dates may be discussed. All counsel who will be participating by phone must submit their phone numbers via email to mike_lang@mied.uscourts.gov by 9/17/2014 at 3:00 p.m. (MLan) (Entered: 09/10/2014)

Sept. 10, 2014
64

MOTION TO EXTEND time to file a Motion for Reconsideration by LEE JASON KIBLER. (Attachments: # 1 Exhibit Affidavit of Enrico Schaefer) (Schaefer, Enrico) (Entered: 09/16/2014)

Sept. 16, 2014
65

RESPONSE to 64 MOTION TO EXTEND time to file a Motion for Reconsideration Def Jam's Brief in Opposition to Plaintiff's Motion to Extend filed by DEF JAM RECORDS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Shimanoff, Eric) (Entered: 09/17/2014)

Sept. 17, 2014
66

RESPONSE to 64 MOTION TO EXTEND time to file a Motion for Reconsideration Hall Defendants' Memorandum in Opposition to Motion to Extend filed by ROBERT BRYSON HALL, II, TEAM VISIONARY MUSIC GROUP, INC., THREE OH ONE PRODUCTIONS, LLC. (Brafman, David) (Entered: 09/17/2014)

Sept. 17, 2014

Minute Entry for proceedings held before District Judge Arthur J. Tarnow: Telephonic Status Conference held on 9/18/2014: Hearing re 64 MOTION TO EXTEND time to file a Motion for Reconsideration or Settlement Conference set for 10/28/2014 03:00 PM before District Judge Arthur J. Tarnow . Parties to confer prior to 10/28/2014 and notify by email to mike_lang@mied.uscourts.gov of status of negotiations. Plaintiff may submit supplemental pleading in support of motion for reconsideration prior the hearing if necessary. (MLan) (Entered: 09/18/2014)

Sept. 18, 2014

Minute Entry for proceedings held before District Judge Arthur J. Tarnow: Scheduling Conference held on 9/18/2014. (MLan) (Entered: 09/18/2014)

Sept. 18, 2014
67

RESPONSE to 64 MOTION TO EXTEND time to file a Motion for Reconsideration filed by WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC. (Lefkofsky,

Sept. 18, 2014
69

REPLY to Response re 64 MOTION TO EXTEND time to file a Motion for Reconsideration filed by LEE JASON KIBLER. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Schaefer, Enrico) (Entered: 09/24/2014)

Sept. 24, 2014
70

SUR−REPLY re 64 MOTION TO EXTEND time to file a Motion for Reconsideration filed by DEF JAM RECORDS, INC.. (Shimanoff, Eric) (Entered: 09/29/2014)

Sept. 29, 2014
71

NOTICE of Appearance by Mark D. Passler on behalf of ROBERT BRYSON HALL, II, TEAM VISIONARY MUSIC GROUP, INC., THREE OH ONE PRODUCTIONS, LLC. (Passler, Mark) (Entered: 10/20/2014)

Oct. 20, 2014

TEXT−ONLY NOTICE OF TIME CHANGE: Status Conference set for 10/28/2014 09:30 AM before District Judge Arthur J. Tarnow − COUNSEL TO APPEAR IN PERSON, PARTIES TO BE AVAILABLE BY TELEPHONE. (MLan) (Entered: 10/22/2014)

Oct. 22, 2014

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Status/Scheduling Conference held on 10/28/2014. (MLan) (Entered: 10/29/2014)

Oct. 28, 2014
72

SCHEDULING ORDER: Witnesses to be exchanged by 12/9/2014, Discovery Motions to be filed by 3/24/2015,Discovery due by 4/24/2015 , Dispositive Motion Cut−off set for 5/26/2015 , Joint Final Pretrial Order due 9/2/2015, Final Pretrial Conference set for 9/9/2015 02:00 PM before District Judge Arthur J. Tarnow . Signed by District Judge Arthur J. Tarnow. (Refer to image for additional dates) (MLan) (Entered: 10/29/2014)

Oct. 29, 2014

TEXT−ONLY NOTICE CORRECTING SCHEDULING ORDER DEADLINES: Witnesses to be exchanged by 11/28/2014, Discovery Motions to be filed by 1/27/2015, Discovery due by 2/27/2015 Dispositive Motion Cut−off set for 5/27/2015 Joint Final Pretrial Order due 9/2/2015, Final Pretrial Conference set for 9/9/2015 02:30 PM before District Judge Arthur J. Tarnow . (MLan) (Entered: 10/29/2014)

Oct. 29, 2014
73

WITNESS LIST by LEE JASON KIBLER (Hall, Brian) (Entered: 11/26/2014)

Nov. 26, 2014
74

WITNESS LIST by DEF JAM RECORDS, INC. (Shimanoff, Eric) (Entered: 11/26/2014)

Nov. 26, 2014
75

WITNESS LIST by ROBERT BRYSON HALL, II, TEAM VISIONARY MUSIC GROUP, INC., THREE OH ONE PRODUCTIONS, LLC (Brafman, David) (Entered: 11/26/2014)

Nov. 26, 2014
76

WITNESS LIST by WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC (Garfinkel, Michael) (Entered: 11/26/2014)

Nov. 26, 2014
77

ANSWER to Complaint with Affirmative Defenses by WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC. (Garfinkel, Michael) (Entered: 12/09/2014)

Dec. 9, 2014
78

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC (Garfinkel, Michael) (Entered: 12/09/2014)

Dec. 9, 2014
79

CONSENT PROTECTIVE ORDER. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/24/2015)

Feb. 24, 2015
80

STIPULATION AND ORDER correcting caption. Signed by District Judge Arthur J. Tarnow. (DPer) (Entered: 03/16/2015)

March 13, 2015
81

MOTION for Summary Judgment and Brief in Support of Motion For Summary Judgment by DEF JAM RECORDS, INC.. (Shimanoff, Eric) (Entered: 05/27/2015)

May 27, 2015
82

AFFIDAVIT of Scott P. Ceresia re 81 MOTION for Summary Judgment and Brief in Support of Motion For Summary Judgment . Declaration of Scott P. Ceresia in INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Shimanoff, Eric) (Entered: 05/27/2015)

May 27, 2015
83

MOTION for Summary Judgment by WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC. (Garfinkel, Michael) (Entered: 05/27/2015)

May 27, 2015
84

DECLARATION by Michael B. Garfinkel In Support Of WME's Motion for Summary Judgment re 83 MOTION for Summary Judgment filed by WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC (Garfinkel, Michael) (Entered: 05/27/2015)

May 27, 2015

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 8, 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiffs self-identify as “Juggalos,” or fans of the musical group Insane Clown Posse (“ICP”) and other bands on ICP’s independent record label.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice , Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Due Process

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Classification / placement