Case: Fowler v. Johnson

4:17-cv-11441 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 4, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 4, 2017, two residents of Detroit, Michigan, filed this class-action lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the Secretary of State for the State of Michigan under 42 U.S.C. § 1983 and the Civil Rights Act of 1964. The plaintiffs, represented by the Sugar Law Center and Equal Justice Under Law, sought declaratory and injunctive relief as well as attorneys’ fees and costs. This case was assigned to District Judge Linda V. Parker. The pl…

On May 4, 2017, two residents of Detroit, Michigan, filed this class-action lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the Secretary of State for the State of Michigan under 42 U.S.C. § 1983 and the Civil Rights Act of 1964. The plaintiffs, represented by the Sugar Law Center and Equal Justice Under Law, sought declaratory and injunctive relief as well as attorneys’ fees and costs. This case was assigned to District Judge Linda V. Parker. The plaintiffs claimed that, in automatically and indefinitely suspending the driver’s licenses of people who owe court-ordered fines, costs, fees, and assessments, even if they simply cannot afford pay, the defendants had violated their equal protection and substantive and procedural due process rights under the Fourteenth Amendment.

On the same day as filing the complaint, the plaintiffs filed a motion for preliminary injunction, seeking to enjoin the defendant from suspending the driver’s licenses of people who are unable to pay their court debts.

On July 17, 2017, the defendant filed a motion to dismiss, or, alternatively, a motion for summary judgment. The defendant asked the court to dismiss all claims, arguing that the claims lacked subject matter jurisdiction and lacked merit as a matter of law.

On December 14, 2017, the court granted the plaintiffs’ motion for preliminary injunction. Judge Parker reasoned that, while the plaintiffs were unlikely to establish equal protection or substantive due process violations, the court found a strong likelihood that the plaintiffs would succeed in establishing a procedural due process violation. 2017 WL 6379676. The defendant appealed this decision to the United States Court of Appeals for the Sixth Circuit.

The defendant also filed an emergency motion to stay court proceedings pending the appeal, arguing that the preliminary injunction is substantively improper where the defendant, not the plaintiffs, will suffer irreparable harm, and that the plaintiffs were unlikely to succeed on the merits. On December 21, 2017, disagreeing, Judge Parker denied the motion to stay noting the defendants failed to establish irreparable harm. 2017 WL 6540926.

In response to this denial, the Sixth Circuit entered an order on December 28, 2017, granting a thirty day stay of the preliminary injunction. The Sixth Circuit concluded that the injunction was too broad in scope and provided too little direction as to what specific actions should have been taken to comply with the constitutional due process requirements. As such, the appeals court remanded to the district court for the limited purpose of modifying the injunctive relief granted, after any necessary briefings or evidentiary hearings, to provide direction to the defendant as to the type of process required by the district court’s order.

In light of the Sixth Circuit order to stay the injunction, Judge Parker gave an order amending the preliminary injunction and scheduling a hearing so that the parties may raise any questions or concerns they have regarding the district court’s intended modification of the injunctive relief. After the hearing, reasoning that the Sixth Circuit’s December 2017 remand order did not invite it to revisit the merits of the plaintiff’s claims, Judge Parker gave specific instruction as to what was required by the preliminary injunction on January 24, 2018.

The district court enjoined the defendant from suspending any further driver’s licenses of individuals because of nonpayment and required the defendant to (1) offer drivers the option to request a hearing where they have the opportunity to demonstrate their inability to pay a fine, cost, fee and/or assessment; (2) provide a hearing when requested; (3) provides reasonable notice to drivers of the hearing opportunity; and (4) institutes alternatives to full payment for those unable to pay (e.g., realistic payment plans or volunteer service). In response to this decision, the defendants filed another appeal.

On February 7, 2018, the Sixth Circuit entered an order granting a stay of the amended preliminary injunction and, finding that the district court’s jurisdiction over this case was unclear, remanded to the district court to address the plaintiffs’ standing. The judges were Circuit judges Judge Ralph B. Guy, Jr. and Ronald Lee Gilman and District Judge Joseph M. Hood sitting my designation.

On April 11, 2018, the district court issued an opinion and order to address the plaintiffs’ standing and ruled on the plaintiffs’ motion seeking leave to filed an amended complaint and a motion for class certification. 2018 WL 1737122. Ultimately, the district court found that the plaintiffs had standing. With regard to the plaintiff’s motion, however, Judge Parker found that the motion to certify class was premature. While the district court found that at least one of the plaintiffs had standing to pursue this lawsuit on behalf of the putative class, that finding undoubtedly will be included as an issue for review by the Sixth Circuit in the pending appeal. As such, the court found it would make little sense for it to decide whether that plaintiff was typical of the putative class and whether she was an adequate class representative. Additionally, the district court found that it would be futile for the plaintiffs to file an amended complaint to add plaintiffs because the parties the plaintiffs seek to add would lack standing.

On May 8, 2019, the Sixth Circuit reversed the district court’s order enjoining the driver’s license suspension law. In her opinion, Circuit Judge Alice Batchelder (joined by Circuit Judge Amul Thapar) held that the policy does not violate the Fourteenth Amendment. Judge Batchelder admitted that the plaintiffs' argument had some merit as a matter of policy but fell short as a constitutional argument because the court's review of state legislative choices is deferential. In her dissent, Circuit Judge Bernice Bouie Donald contended that the plaintiffs had a protected property interest in continued possession of a driver's license. In balancing the relevant interests, Judge Donald argued that the license-suspension scheme violated the plaintiffs’ procedural due process rights.

On December 3, 2019, the Sixth Circuit denied the plaintiffs' petition for a rehearing en banc.

In the district court, Judge Parker ordered that the case be dismissed on February 24, 2020, pursuant to a settlement agreement stipulated to by the parties. The case was dismissed without prejudice and without costs or attorney fees to any party. As of March 2, 2020, the Clearinghouse does not have access to the terms of the settlement agreement.

Summary Authors

Jake Parker (6/8/2018)

Aaron Gurley (10/8/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6150244/parties/fowler-v-johnson/


Judge(s)

Batchelder, Alice Moore (Ohio)

Majzoub, Mona K. (Michigan)

Parker, Linda Vivienne (Michigan)

Attorneys(s) for Plaintiff

Paris, Anthony D. (Michigan)

Philo, John C. (Michigan)

Ramaswamy, Rebecca R. (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Fedynsky, John G. (Michigan)

Grill, Erik A. (Michigan)

Judge(s)

Batchelder, Alice Moore (Ohio)

Majzoub, Mona K. (Michigan)

Parker, Linda Vivienne (Michigan)

Attorneys(s) for Plaintiff

Paris, Anthony D. (Michigan)

Philo, John C. (Michigan)

Ramaswamy, Rebecca R. (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Fedynsky, John G. (Michigan)

Grill, Erik A. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 24, 2020 Docket
1

Class Action Complaint

May 4, 2017 Complaint
21

Opinion and Order Granting Plaintiff's Motion for Preliminary Injunction

2017 WL 6379676

Dec. 14, 2017 Order/Opinion
29

Opinion and Order Denying Defendant's Emergency Motion for Stay Pending Appeal

2017 WL 6540926

Dec. 21, 2017 Order/Opinion
8

Order

U. S. Court of Appeals for the Sixth Circuit

Dec. 28, 2017 Order/Opinion
35

Amended Preliminary Injunction

Jan. 24, 2018 Order/Opinion
16

Order

U. S. Court of Appeals for the Sixth Circuit

Feb. 7, 2018 Order/Opinion
54

Opinion and Order

2018 WL 1737122

April 11, 2018 Order/Opinion

Opinion

Fowler v. Benson

U. S. Court of Appeals for the Sixth Circuit

924 F.3d 247

May 8, 2019 Order/Opinion

Resources

Title Description External URL

Fowler v. Johnson

Equal Justice Under Law

Equal Justice Under Law successfully settled with the state of Michigan to ensure that, before the state suspends licenses for unpaid court debt, individuals are given proper notice and the opportuni… May 4, 2017 https://equaljusticeunderlaw.org/fowlervjohnson

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6150244/fowler-v-johnson/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6213346 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Index of Exhibits Index) (Telfeyan, Phil) (Entered: 05/04/2017)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Index of Exhibits Index

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May 4, 2017 PACER
2

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Index of Exhibits Index) (Telfeyan, Phil) (Entered: 05/04/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Index of Exhibits Index

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May 4, 2017 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 5, 2017 PACER
3

SUMMONS Issued for *Ruth Johnson* (DPer) (Entered: 05/05/2017)

May 5, 2017 PACER
4

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Telfeyan, Phil) (Entered: 05/06/2017)

May 6, 2017 PACER
5

NOTICE of Appearance by Catherine B. Sevcenko on behalf of All Plaintiffs. (Sevcenko, Catherine) (Entered: 05/25/2017)

May 25, 2017 PACER
6

NOTICE of Appearance by John G. Fedynsky on behalf of Ruth Johnson. (Fedynsky, John) (Entered: 05/26/2017)

May 26, 2017 PACER
7

ATTORNEY APPEARANCE: John C. Philo appearing on behalf of All Plaintiffs (Philo, John) (Entered: 05/26/2017)

May 26, 2017 PACER
8

ATTORNEY APPEARANCE: Anthony D. Paris appearing on behalf of All Plaintiffs (Paris, Anthony) (Entered: 05/26/2017)

May 26, 2017 PACER
9

STIPULATED ORDER for Extension of Time to File First Response Pleading and Response (Response to 2 MOTION for Preliminary Injunction due by 6/16/2017), (Responsive Pleading due by 7/17/2017). Signed by District Judge Linda V. Parker. (RLou) (Entered: 05/30/2017)

May 30, 2017 PACER
10

NOTICE of Appearance by Rebecca R. Ramaswamy on behalf of All Plaintiffs. (Ramaswamy, Rebecca) (Entered: 06/12/2017)

June 12, 2017 PACER
11

RESPONSE to 2 MOTION for Preliminary Injunction filed by Ruth Johnson. (Attachments: # 1 Exhibit 1- Certified Driving Record, Fowler, # 2 Exhibit 2- Certified Driving Record, Harris) (Fedynsky, John) (Entered: 06/16/2017)

1 Exhibit 1- Certified Driving Record, Fowler

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2 Exhibit 2- Certified Driving Record, Harris

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June 16, 2017 PACER
12

Joint MOTION for Leave to File Excess Pages for Reply Brief in Support of Preliminary Injunction by All Plaintiffs. (Telfeyan, Phil) (Entered: 06/30/2017)

June 30, 2017 PACER
13

REPLY to Response re 2 MOTION for Preliminary Injunction and Response to Motion to Dismiss filed by All Plaintiffs. (Telfeyan, Phil) (Entered: 06/30/2017)

June 30, 2017 PACER

TEXT-ONLY ORDER Granting 12 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

July 5, 2017 PACER
14

MOTION to Dismiss or Alternatively for Summary Judgment by Ruth Johnson. (Fedynsky, John) (Entered: 07/17/2017)

July 17, 2017 RECAP
15

RESPONSE to 14 MOTION to Dismiss or Alternatively for Summary Judgment filed by All Plaintiffs. (Telfeyan, Phil) (Entered: 07/21/2017)

July 21, 2017 RECAP
16

REPLY to Response re 14 MOTION to Dismiss or Alternatively for Summary Judgment filed by Ruth Johnson. (Fedynsky, John) (Entered: 08/04/2017)

Aug. 4, 2017 RECAP
17

NOTICE OF HEARING on 2 MOTION for Preliminary Injunction. Motion Hearing set for 11/8/2017 at 1:00 PM before District Judge Linda V. Parker. (RLou) (Entered: 10/19/2017)

Oct. 19, 2017 PACER
18

AMENDED NOTICE OF HEARING on 2 MOTION for Preliminary Injunction. Motion Hearing RESET for 11/15/2017 at 11:00 AM before District Judge Linda V. Parker (RLou) (Entered: 11/02/2017)

Nov. 2, 2017 PACER
19

NOTICE by All Plaintiffs of Newly Issued Authority (Telfeyan, Phil) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
20

RESPONSE to 19 Notice (Other) by Ruth Johnson. (Attachments: # 1 Exhibit 1-Updated Certified Driving Record) (Fedynsky, John) (Entered: 11/14/2017)

1 Exhibit 1-Updated Certified Driving Record

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Nov. 14, 2017 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Motion Hearing held on 11/15/2017 re 2 MOTION for Preliminary Injunction . Disposition: Motion Taken Under Advisement. (Court Reporter: Peg Goodrich) (RLou)

Nov. 15, 2017 PACER
21

OPINION and ORDER Granting Plaintiffs' 2 Motion for Preliminary Injunction. Signed by District Judge Linda V. Parker. (RLou) (Entered: 12/14/2017)

Dec. 14, 2017 RECAP
22

NOTICE OF APPEAL by Ruth Johnson re 21 Order on Motion for Preliminary Injunction. Fee Status: No Fee Paid. (Fedynsky, John) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
23

Certificate of Service re 22 Notice of Appeal. (DWor) (Entered: 12/18/2017)

Dec. 18, 2017 PACER
24

Appeal Fee received for 22 Notice of Appeal filed by Ruth Johnson in the amount of $ $505.00 - Receipt No. DET109815. (RBog) (Entered: 12/19/2017)

Dec. 18, 2017 PACER
25

Emergency MOTION to Stay Pending Appeal by Ruth Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Driving Record, # 3 Exhibit 2 - Gaspar Affidavit, # 4 Exhibit 3 - Carroll Affidavit w/ Attachments, # 5 Exhibit 4 - Administrative Order, # 6 Exhibit 5 - Court Collections Programs Components and Details) (Fedynsky, John) (Entered: 12/19/2017)

1 Index of Exhibits

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2 Exhibit 1 - Driving Record

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3 Exhibit 2 - Gaspar Affidavit

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4 Exhibit 3 - Carroll Affidavit w/ Attachments

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5 Exhibit 4 - Administrative Order

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6 Exhibit 5 - Court Collections Programs Components and Details

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Dec. 19, 2017 RECAP
26

RESPONSE to 25 Emergency MOTION to Stay Pending Appeal filed by All Plaintiffs. (Ramaswamy, Rebecca) (Entered: 12/19/2017)

Dec. 19, 2017 PACER
27

TRANSCRIPT of PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION held on November 15, 2017. (Court Reporter: Peg L. Goodrich) (Number of Pages: 64) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. 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. (Goodrich, P) (Entered: 12/20/2017)

Dec. 20, 2017 PACER
28

REPLY to Response re 25 Emergency MOTION to Stay Pending Appeal filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Gaspar Corrected Affidavit, # 3 Exhibit 2 - SCAO Web Site Printout, # 4 Exhibit 3 - SCAO Report) (Fedynsky, John) (Entered: 12/20/2017)

1 Index of Exhibits

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2 Exhibit 1 - Gaspar Corrected Affidavit

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3 Exhibit 2 - SCAO Web Site Printout

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4 Exhibit 3 - SCAO Report

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Dec. 20, 2017 RECAP
29

OPINION and ORDER Denying Defendant's Emergency 25 Motion for Stay Pending Appeal. Signed by District Judge Linda V. Parker. (RLou) (Entered: 12/21/2017)

Dec. 21, 2017 RECAP
30

ORDER from U.S. Court of Appeals - Sixth Circuit re 22 Notice of Appeal filed by Ruth Johnson [Appeal Case Number 17-2504] (SKra) (Entered: 01/02/2018)

Dec. 28, 2017 RECAP
31

ORDER to Appear (Hearing set for 1/17/2018 at 10:00 AM before District Judge Linda V. Parker) ***IN JUDGE MICHELSON'S COURTROOM #242 - IN DETROIT***. Signed by District Judge Linda V. Parker. (RLou) (Entered: 01/05/2018)

Jan. 5, 2018 PACER
32

[PLAINTIFFS BRIEF IN RESPONSE TO ORDER TO APPEAR] NOTICE by All Plaintiffs re 31 Order, Set Deadlines/Hearings Plaintiffs' Brief in Response to Order to Appear (Ramaswamy, Rebecca) Modified on 1/12/2018 (LGra). Modified on 1/12/2018 (LGra). (Entered: 01/10/2018)

Jan. 10, 2018 PACER
33

SUPPLEMENTAL BRIEF re 31 Order, Set Deadlines/Hearings filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Harris Records, 19th District - Dearborn, # 3 Exhibit 2 - Harris Records, 29th District Wayne, # 4 Exhibit 3 - Harris Records, 1st District Monroe, # 5 Exhibit 4 - Harris Records, 43rd District Ferndale, # 6 Exhibit 5 - Harris Records, 36th District Detroit, # 7 Exhibit 6 - Fowler Records, 46th District - Southfield, # 8 Exhibit 7 - Fowler Records, 43rd District Court - Ferndale, # 9 Exhibit 8 - Fowler Records, 38th District Eastpointe, # 10 Exhibit 9 - Fowler Records, 45th District Oak Park, # 11 Exhibit 10 - Determining Ability to Pay in the Collection of Court, # 12 Exhibit 11 - Affidavit of Colleen Tulloch-Brown, # 13 Exhibit 12 - Trial Court Collections Standards & Guidelines, # 14 Exhibit 13 - Affidavit of Thomas L. Cantrell) (Fedynsky, John) (Entered: 01/12/2018)

1 Index of Exhibits

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2 Exhibit 1 - Harris Records, 19th District - Dearborn

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3 Exhibit 2 - Harris Records, 29th District Wayne

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4 Exhibit 3 - Harris Records, 1st District Monroe

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5 Exhibit 4 - Harris Records, 43rd District Ferndale

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6 Exhibit 5 - Harris Records, 36th District Detroit

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7 Exhibit 6 - Fowler Records, 46th District - Southfield

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8 Exhibit 7 - Fowler Records, 43rd District Court - Ferndale

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9 Exhibit 8 - Fowler Records, 38th District Eastpointe

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10 Exhibit 9 - Fowler Records, 45th District Oak Park

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11 Exhibit 10 - Determining Ability to Pay in the Collection of Court

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12 Exhibit 11 - Affidavit of Colleen Tulloch-Brown

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13 Exhibit 12 - Trial Court Collections Standards & Guidelines

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14 Exhibit 13 - Affidavit of Thomas L. Cantrell

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Jan. 12, 2018 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Hearing re 30 Order to Appear held on 1/17/2018. Disposition: Taken Under Advisement (Court Reporter: Jodi Matthews) (JOwe)

Jan. 17, 2018 PACER
34

TRANSCRIPT of HEARING ON PRELIMINARY INJUNCTION held on January 17, 2018. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 51) 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 2/9/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/19/2018. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N) (Entered: 01/19/2018)

Jan. 19, 2018 PACER
35

AMENDED PRELIMINARY INJUNCTION RE: 21 OPINION and ORDER Granting Plaintiffs' 2 Motion for Preliminary Injunction. Signed by District Judge Linda V. Parker. (JOwe) (Entered: 01/24/2018)

Jan. 24, 2018 RECAP
36

NOTICE OF APPEAL by Ruth Johnson re 35 Preliminary Injunction. Fee Status: No Fee Paid. (Fedynsky, John) (Entered: 01/25/2018)

Jan. 25, 2018 PACER
37

Certificate of Service re 36 Notice of Appeal. (DAll) (Entered: 01/26/2018)

Jan. 26, 2018 PACER
38

Notice of Appeal Filing Fee Not Paid. Correction due by 2/2/2018 (DAll) (Entered: 01/26/2018)

Jan. 26, 2018 PACER
40

ORDER from U.S. Court of Appeals − Sixth Circuit re 36 Notice of Appeal filed by Ruth Johnson, 22 Notice of Appeal filed by Ruth Johnson [Appeal Case Number 17−2504/18−1089] (DWor) (Entered: 02/08/2018)

Feb. 7, 2018
41

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/21/2018 at 10:00 AM before District Judge Linda V. Parker (RLou) (Entered: 02/16/2018)

Feb. 16, 2018
39

Appeal Fee received for 36 Notice of Appeal filed by Ruth Johnson in the amount of $ $505.00 - Receipt No. DET110774. (RBog) (Entered: 01/29/2018)

Jan. 26, 2018 PACER
54

OPINION and ORDER. Signed by District Judge Linda V. Parker. (RLou)

April 11, 2018 RECAP

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 2/21/2018. Disposition: The Plaintiffs are allowed the opportunity to file Ms. Harris' affidavit, on or before February 26, 2018. The Defendant can file a response to the affidavit, on or before March 7, 2018. (Court Reporter: None Present, Not on the Record) (RLou) (Entered: 02/21/2018)

Feb. 21, 2018
56

Appeal Order/Opinion/Judgment

May 8, 2019 PACER
42

NOTICE by All Plaintiffs Brief and Declaration in Support of Standing (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit Ex. 1, Fowler Decl, # 3 Exhibit Ex. 2, Fowler Driving Record, # 4 Exhibit Ex. 3, Harris Decl, # 5 Exhibit Ex. 4, Harris Driving Record) (Ramaswamy, Rebecca) (Entered: 02/26/2018)

Feb. 26, 2018
43

MOTION for Leave to File Amended Complaint and Class Certification Motion by All Plaintiffs. (Attachments: # 1 Exhibit Amended Complaint, # 2 Index of Exhibits, # 3 Exhibit 1, FOIA Response, # 4 Exhibit 2, Fowler Declaration, # 5 Exhibit 3, Harris Declaration, # 6 Exhibit 4, Jones Declaration, # 7 Exhibit 5, Rankin Declaration, # 8 Exhibit 6, Herson−Hord Declaration, # 9 Exhibit 7, State Dep't Letter, # 10 Exhibit 8, Garnishment Letter, # 11 Exhibit 9, Simmons Declaration, # 12 Exhibit Class Certification Motion and Brief, # 13 Index of Exhibits, # 14 Exhibit 1, Fowler Declaration, # 15 Exhibit 2, Harris Declaration, # 16 Exhibit 3, Jones Declaration, # 17 Exhibit 4, Rankin Declaration, # 18 Exhibit 5, Telfeyan Declaration) (Ramaswamy, Rebecca) (Entered: 02/26/2018)

Feb. 26, 2018
57

Appeal Order/Opinion/Judgment

July 8, 2019 PACER
44

MOTION to Strike 43 MOTION for Leave to File Amended Complaint and Class Certification Motion by Ruth Johnson. (Attachments: # 1 Exhibit 1 − Email Correspondence) (Fedynsky, John) (Entered: 03/01/2018)

March 1, 2018
58

Appeal Mandate

Dec. 12, 2019 PACER
61

Order

Jan. 23, 2020 PACER
45

RESPONSE to 44 MOTION to Strike 43 MOTION for Leave to File Amended Complaint and Class Certification Motion Opposition to Motion to Strike filed by All Plaintiffs. (Ramaswamy, Rebecca) (Entered: 03/06/2018)

March 6, 2018
46

RESPONSE to 42 Notice (Other), by Ruth Johnson. (Attachments: # 1 Exhibit 1 − Bormuth v. Johnson, # 2 Exhibit 2 − Affidavit of Linda Carroll) (Fedynsky, John) (Entered: 03/07/2018)

March 7, 2018
62

Strike

Jan. 23, 2020 PACER
47

REPLY to Response re 44 MOTION to Strike 43 MOTION for Leave to File Amended Complaint and Class Certification Motion filed by Ruth Johnson. (Fedynsky, John) (Entered: 03/08/2018)

March 8, 2018
63

Dismissing Case - Stipulated Order

Feb. 24, 2020 PACER
48

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/8/2018 at 2:00 PM before District Judge Linda V. Parker (RLou) (Entered: 03/08/2018)

March 8, 2018

TEXT−ONLY ORDER Extending the Deadline for the Defendant to File a Response to the 43 MOTION for Leave to File Amended Complaint and Class Certification Motion .( Response due by 3/21/2018 ). IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou) (Entered: 03/08/2018)

March 8, 2018
49

MOTION for Leave to File Reply Brief in Support of Standing by All Plaintiffs. (Attachments: # 1 Exhibit Reply Brief in Support of Standing) (Ramaswamy, Rebecca) (Entered: 03/14/2018)

March 14, 2018

TEXT−ONLY Order Granting the 49 Motion for Leave to File Reply Brief in Support of Standing. The reply brief shall be filed by the close of business today, March 15, 2018. IT IS FURTHER ORDERED that the Defendant may file a surreply on or before March 22, 2018. The surreply is limited to five pages. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou) (Entered: 03/15/2018)

March 15, 2018
50

SUPPLEMENTAL BRIEF re 46 Response (Free) Reply in Support of Standing filed by All Plaintiffs. (Ramaswamy, Rebecca) (Entered: 03/15/2018)

March 15, 2018
51

RESPONSE to 43 MOTION for Leave to File Amended Complaint and Class Certification Motion filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Jones Court Records, 47th District − Farmington, # 3 Exhibit 2 − Jones Court Records, 46th District − Southfield, # 4 Exhibit 3 − Jones Court Records, 24th District − Allen Park, # 5 Exhibit 4 − Jones Court Records, 34th District − Romulus, # 6 Exhibit 5 − Jones Court Records, 17th District − Redford Twp, # 7 Exhibit 6 − Rankin Court Records, 36th District, Detroit, # 8 Exhibit 7 − Rankin Court Records, 45−B District, Oak Park, # 9 Exhibit 8 − Rankin Court Records, 21st District− Garden City, # 10 Exhibit 9 − Rankin Driving Record, # 11 Exhibit 10 − Jones Driving Record, # 12 Exhibit 11 − The Secretary's Driver's License Change of Address, Voter Registration Website) (Fedynsky, John) (Entered: 03/21/2018)

March 21, 2018
52

SUR−REPLY re 49 MOTION for Leave to File Reply Brief in Support of Standing in Opposition to Plaintiffs' Reply Brief in Support of Standing filed by Ruth Johnson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. State of Michigan 14−Day Notice − Traffic, # 3 Exhibit 2. Type of Court Cases Web Page) (Fedynsky, John) (Entered: 03/22/2018)

March 22, 2018
53

REPLY to Response re 43 MOTION for Leave to File Amended Complaint and Class Certification Motion filed by All Plaintiffs. (Attachments: # 1 Exhibit Jones Declaration) (Ramaswamy, Rebecca) (Entered: 03/28/2018)

March 28, 2018
55

ORDER from U.S. Court of Appeals − Sixth Circuit re 36 Notice of Appeal filed by Ruth Johnson, 22 Notice of Appeal filed by Ruth Johnson [Appeal Case Number 17−2504/18−1089] (SKra) (Entered: 04/19/2018)

April 18, 2018
59

ATTORNEY SUBSTITUTION for Ruth Johnson: Erik A. Grill added. Remove John Fedynsky (Grill, Erik) (Entered: 01/21/2020)

Jan. 21, 2020

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: May 4, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Michigan residents whose driver’s licenses are currently suspended or will be suspended solely because of inability to pay court debts, including, but not limited to, traffic fines, court costs, assessments and fees.

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

The State of Michigan, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Implement complaint/dispute resolution process

Required disclosure

Issues

General:

Drivers Licenses

Fines/Fees/Bail/Bond