Case: Dumont v. Lyon

2:17-cv-13080 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 20, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 20, 2017, two same-sex couples and one former foster child brought this lawsuit against the state of Michigan in the U.S. District Court for the Eastern District of Michigan. The case was assigned to Judge Paul D. Borman. The plaintiffs alleged that Michigan contracted with and funded private child placing agencies, some of which were religious organizations that refused to place children with same-sex couples. Represented by the American Civil Liberties Union (ACLU) and private co…

On September 20, 2017, two same-sex couples and one former foster child brought this lawsuit against the state of Michigan in the U.S. District Court for the Eastern District of Michigan. The case was assigned to Judge Paul D. Borman. The plaintiffs alleged that Michigan contracted with and funded private child placing agencies, some of which were religious organizations that refused to place children with same-sex couples. Represented by the American Civil Liberties Union (ACLU) and private counsel, the plaintiffs alleged that allowing state-funded child placing agencies to turn families away on the basis of sexual orientation violated the Establishment Clause and Equal Protection Clause of the Fourteenth Amendment. The plaintiffs sued the state under 42 U.S.C. § 1983 and sought declaratory and injunctive relief, as well as attorney's fees.

On December 15, 2017, the state filed a motion to dismiss, arguing that the plaintiffs lacked standing because there was no constitutional right to adopt children and that the agencies' actions were private rather than state actions. On December 18, St. Vincent Catholic Charities (SVCC) and three individuals who had had successful adoptions through SVCC moved to intervene as defendants. SVCC was a religious non-profit child placing agency that refused to work with same-sex couples, and it claimed that it would lose funding and have to close if the plaintiffs were granted injunctive relief. The next day, the proposed intervening defendants filed a motion to dismiss that contained many of the same arguments as the state's.

On January 30, 2018, State Senator Arlan Meekhof, on behalf of 53 Michigan legislators, sought leave to file an amicus brief in support of the defendants. The court granted this request on February 26, 2018. In this brief, Senator Meekhof agreed with the arguments made by the state and the intervenor-defendants in their motions to dismiss, as well as emphasized the "key roles" that religious agencies had played in adoption and foster care in Michigan.

On March 5, 2018, the Court granted the intervenor-defendants' motion to intervene as to SVCC. A hearing was held two days later as to the individual intervenor-defendants' ability to intervene, and on March 22, the Court granted the motion to intervene as to them as well.

On September 14, 2018, the Court granted the defendants' motion to dismiss in part. 341 F.Supp.3d 706. Judge Borman dismissed one plaintiff's claims due to lack of standing but declined to dismiss the other claims. The defendants filed a motion seeking an interlocutory appeal of the court's decision on the motion to dismiss. Judge Borman denied the motion, explaining that the questions the defendants wanted certified for appeal were not issues that the plaintiffs actually raised. 2018 WL 5292022.

The parties subsequently began engaging in settlement discussions. On March 22, 2019, the parties reached a settlement and filed a motion for voluntary dismissal. 2018 WL 8807229. As a part of the settlement, the Department of Health and Human Services agreed to enforce the nondiscrimination provision against all child placement agencies and made a public statement saying as much. The Department also promised to provide ongoing training to its employees regarding their obligations under the settlement agreement. Finally, it created a grievance process for families. The Court retained jurisdiction to enforce the settlement agreement.

On February 24, 2020, the plaintiffs filed a motion to reopen proceedings for the purpose of enforcing the settlement agreement. The plaintiffs alleged that they knew of a state-funded child placing agency refused to place children with same-sex couples. The motion is currently pending.

Summary Authors

Rebecca Strauss (8/8/2018)

Hope Brinn (5/12/2020)

Related Cases

Buck v. Nessel, Western District of Michigan (2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6168574/parties/dumont-v-gordon/


Judge(s)

Borman, Paul D. (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Cooper, Leslie (New York)

Ebersole, Lisa M (New York)

Galisewski, Ryan (New York)

Kaplan, Jay (Michigan)

Korobkin, Daniel S. (Michigan)

Lonky, Hannah M. (New York)

Mach, Daniel (District of Columbia)

Judge(s)

Borman, Paul D. (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Cooper, Leslie (New York)

Ebersole, Lisa M (New York)

Galisewski, Ryan (New York)

Kaplan, Jay (Michigan)

Korobkin, Daniel S. (Michigan)

Lonky, Hannah M. (New York)

Mach, Daniel (District of Columbia)

Mandilk, James G (New York)

Moss, Kary L. (Michigan)

Ostrager, Ann-Elizabeth (New York)

Schnier, Jason W. (New York)

Siddiky, Leila R. (New York)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Bursch, John J. (Michigan)

Giovanatti, Neil Anthony (Michigan)

Harris, Toni L. (Michigan)

Ludwig, Jonathan S. (Michigan)

Smith, Joshua S (Michigan)

Other Attorney(s)

Anderson, Katherine L. (Arizona)

Barclay, Stephanie Hall (District of Columbia)

Bloomfield, William R. (Michigan)

Cortman, David A. (Georgia)

Denney, Timothy (Michigan)

Ortner, Daniel (District of Columbia)

Perrone, William J. (Michigan)

Reaves, Nicholas (District of Columbia)

Rienzi, Mark (District of Columbia)

Scruggs, Jonathan A (Arizona)

Tedesco, Jeremy D. (Arizona)

Waggoner, Kristen K. (Arizona)

Windham, Lori H. (District of Columbia)

Documents in the Clearinghouse

Document

2:17-cv-13080

Docket [PACER]

March 18, 2020

March 18, 2020

Docket
1

2:17-cv-13080

Complaint

Sept. 20, 2017

Sept. 20, 2017

Complaint
26-1

2:17-cv-13080

Amicus Curiae Brief of 53 Michigan State Legislators in Support of Defendants' and Intervenors' Motions to Dismiss

Jan. 30, 2018

Jan. 30, 2018

Pleading / Motion / Brief
31

2:17-cv-13080

Order Granting Unopposed Motion of St. Vincent Catholic Charities to Intervene

March 5, 2018

March 5, 2018

Order/Opinion
34

2:17-cv-13080

Order Granting Individual Intervenors' Motion to Intervene

March 22, 2018

March 22, 2018

Order/Opinion
49

2:17-cv-13080

Opinion and Order Denying in Large Part Defendants' Motions to Dismiss (ECF Nos. 16 and 19), and Just Dismissing the Claims of Plaintiff Ludolph for Lack of Standing

Sept. 14, 2018

Sept. 14, 2018

Order/Opinion
60

2:17-cv-13080

Opinion and Order Denying Intervenor Defendants' Motion for Certification Under 28 U.S.C. § 1292(b) and Stay of Further Proceedings (ECF No. 53)

Oct. 25, 2018

Oct. 25, 2018

Order/Opinion
82

2:17-cv-13080

Stipulation of Voluntary Dismissal With Prejudice

Dumont v. Gordon

March 22, 2019

March 22, 2019

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6168574/dumont-v-gordon/

Last updated Aug. 31, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-6405036 - Fee: $ 400. County of 1st Plaintiff: Ingham - County Where Action Arose: Wayne - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Kaplan, Jay) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

RECAP
2

[DOCKETING ERROR] SUMMONS Issued for * All Defendants * (LGra) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
3

SUMMONS Issued for *Nick Lyon (LGra) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
4

SUMMONS Issued for *Herman McCall* (LGra) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
5

WAIVER OF SERVICE Returned Executed. Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services waiver sent on 9/28/2017, answer due 11/27/2017; Herman McCall waiver sent on 9/28/2017, answer due 11/27/2017. (Steinberg, Michael) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
6

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
7

NOTICE of Appearance by Daniel Mach on behalf of All Plaintiffs. (Mach, Daniel) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
8

NOTICE of Appearance by Leslie Cooper on behalf of All Plaintiffs. (Cooper, Leslie) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
9

NOTICE of Appearance by Ann-Elizabeth Ostrager on behalf of All Plaintiffs. (Ostrager, Ann-Elizabeth) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
10

STIPULATION AND ORDER to Extend Time to File Responsive Pleading re 1 Complaint, filed by Jennifer Ludolph, Erin Busk-Sutton, Dana Dumont, Rebecca Busk-Sutton, Kristy Dumont. Response due by 12/15/2017 Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
11

ATTORNEY APPEARANCE: Joshua S. Smith appearing on behalf of Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall (Smith, Joshua) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
12

ATTORNEY APPEARANCE: Jonathan S. Ludwig appearing on behalf of Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall (Ludwig, Jonathan) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
13

NOTICE of Appearance by Ryan D. Galisewski on behalf of All Plaintiffs. (Galisewski, Ryan) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
14

NOTICE of Appearance by Jason W. Schnier on behalf of All Plaintiffs. (Schnier, Jason) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
15

ATTORNEY APPEARANCE: John J. Bursch appearing on behalf of All Defendants (Bursch, John) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
16

MOTION to Dismiss re 1 Complaint,, MOTION to Dismiss by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13) (Smith, Joshua) (Entered: 12/15/2017)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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Dec. 15, 2017

Dec. 15, 2017

RECAP
17

NOTICE of Appearance by Stephanie H. Barclay on behalf of St. Vincent Catholic Charities, Melissa Buck, Chad Buck, Shamber Flore. (Barclay, Stephanie) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
18

MOTION to Intervene by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Gina Snoeyik, # 3 Exhibit 2 - Declaration of Melissa Buck, # 4 Exhibit 3 - Declaration of Shamber Raine Flore) (Barclay, Stephanie) (Entered: 12/18/2017)

1 Index of Exhibits

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2 Exhibit 1 - Declaration of Gina Snoeyik

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3 Exhibit 2 - Declaration of Melissa Buck

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4 Exhibit 3 - Declaration of Shamber Raine Flore

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Dec. 18, 2017

Dec. 18, 2017

RECAP
19

MOTION to Dismiss by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Barclay, Stephanie) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
20

NOTICE of Appearance by Garrard R. Beeney on behalf of All Plaintiffs. (Beeney, Garrard) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
21

RESPONSE to 18 MOTION to Intervene in Partial Opposition filed by All Plaintiffs. (Beeney, Garrard) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
22

NOTICE OF HEARING on 18 MOTION to Intervene . Motion Hearing set for 3/7/2018 02:00 PM before District Judge Paul D. Borman (DTof) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
23

ATTORNEY APPEARANCE: Mark L. Rienzi appearing on behalf of Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Rienzi, Mark) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
24

REPLY to Response re 18 MOTION to Intervene filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Attachments: # 1 Exhibit 1 - Second Declaration of Melissa Buck) (Barclay, Stephanie) (Entered: 01/09/2018)

1 Exhibit 1 - Second Declaration of Melissa Buck

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Jan. 9, 2018

Jan. 9, 2018

PACER
25

NOTICE OF HEARING on 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss . Motion Hearing set for 3/28/2018 02:00 PM before District Judge Paul D. Borman (DTof) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER

TEXT-ONLY NOTICE: Motion Hearing set for 03/28/2018 is Cancelled. (DTof)

Jan. 29, 2018

Jan. 29, 2018

PACER

Text-Only Notice of Hearing Cancelled

Jan. 29, 2018

Jan. 29, 2018

PACER

Set/Reset Deadlines as to 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss . Response due by 2/6/2018 Reply due by 3/2/2018 *Hearing date to be determined after motion to intervene has been decided* (DTof)

Jan. 29, 2018

Jan. 29, 2018

PACER

Set Motion and R&R Deadlines/Hearings

Jan. 29, 2018

Jan. 29, 2018

PACER
26

MOTION for Leave to File Amicus Brief by Arlan Meekhof. (Attachments: # 1 Exhibit A - Amicus Brief, # 2 Exhibit Attachment 1 to Amicus Brief) (Tedesco, Jeremy) (Entered: 01/30/2018)

1 Exhibit A - Amicus Brief

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2 Exhibit Attachment 1 to Amicus Brief

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Jan. 30, 2018

Jan. 30, 2018

RECAP
27

NOTICE of Appearance by David A. Cortman on behalf of Arlan Meekhof. (Cortman, David) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
28

RESPONSE to 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss filed by All Plaintiffs. (Beeney, Garrard) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

RECAP
29

ORDER granting 26 Motion for Leave to File Amicus Brief. Signed by District Judge Paul D. Borman. (DTof) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
30

REPLY to Response re 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss filed by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Brent v. Wayne Cty. Dept of Human Servs.) (Smith, Joshua) (Entered: 03/02/2018)

1 Index of Exhibits

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2 Exhibit 1 - Brent v. Wayne Cty. Dept of Human Servs.

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March 2, 2018

March 2, 2018

PACER
31

ORDER Granting 18 MOTION to Intervene as to Vincent Catholic Charities. *Hearing progressing as to remaining proposed intervenor defendants* Signed by District Judge Paul D. Borman. (DTof) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

RECAP

Minute Entry for proceedings before District Judge Paul D. Borman: Motion Hearing held on 3/7/2018 re 18 MOTION to Intervene filed by Chad Buck, St. Vincent Catholic Charities, Shamber Flore, Melissa Buck Disposition: Motion taken under advisement (Court Reporter: Leann Lizza) (DTof)

March 7, 2018

March 7, 2018

PACER

Motion Hearing

March 7, 2018

March 7, 2018

PACER
32

NOTICE of Appearance by William J. Perrone on behalf of Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Perrone, William) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
33

TRANSCRIPT of Motion to Intervene held on 03/07/2018. (Court Reporter: Leann S. Lizza) (Number of Pages: 40) 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 4/5/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/13/2018. 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. (Lizza, L.) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
34

ORDER granting Melissa Buck, Chad Buck and Shamber Flore's 18 Motion to Intervene (ECF NO. 18 ] Plaintiff's shall respond to the Defendant-Intervenors' Motion to Dismiss on or before April 12, 2018. Intervening Defendants shall reply on or before April 26, 2018. The Court will hold a hearing on May 10, 2018 at 2:30 p.m. on both the State Defendants' (ECF No. 16 and the Intervening Defendants' motions to dismiss. Signed by District Judge Paul D. Borman. (DWor) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER

Set/Reset Deadlines as to 19 MOTION to Dismiss . Response due by 4/12/2018 Reply due by 4/26/2018 (DTof)

March 23, 2018

March 23, 2018

PACER

Set Motion and R&R Deadlines/Hearings

March 23, 2018

March 23, 2018

PACER
35

NOTICE OF HEARING on 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss, 19 MOTION to Dismiss . Motion Hearing set for 5/10/2018 02:30 PM before District Judge Paul D. Borman (DTof) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER

Set/Reset Deadlines as to 19 MOTION to Dismiss . Response due by 4/20/2018 Reply due by 5/4/2018 (DTof)

March 27, 2018

March 27, 2018

PACER

Set Motion and R&R Deadlines/Hearings

March 27, 2018

March 27, 2018

PACER
36

RE-NOTICE OF HEARING on 16 MOTION to Dismiss re 1 Complaint, 19] MOTION to Dismiss . Motion Hearing RESET for 5/22/2018 11:00 AM before District Judge Paul D. Borman (DTof) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER

RESET (TIME ONLY) Deadlines as to 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss, 19 MOTION to Dismiss . Motion Hearing set for 5/22/2018 10:00 AM before District Judge Paul D. Borman (DTof)

April 3, 2018

April 3, 2018

PACER

Set Motion and R&R Deadlines/Hearings

April 3, 2018

April 3, 2018

PACER
37

RESPONSE to 19 MOTION to Dismiss filed by All Plaintiffs. (Beeney, Garrard) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
38

MOTION for Leave to File Excess Pages by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Barclay, Stephanie) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
39

ORDER granting 38 Motion for Leave to File Excess Pages. Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
40

NOTICE of Appearance by Jonathan A. Scruggs on behalf of Arlan Meekhof. (Scruggs, Jonathan) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
41

REPLY to Response re 19 MOTION to Dismiss filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Barclay, Stephanie) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER

RESET HEARING as to 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss, 19 MOTION to Dismiss . Motion Hearing RESET for 7/12/2018 10:00 AM before District Judge Paul D. Borman (DTof)

May 9, 2018

May 9, 2018

PACER

Set Motion and R&R Deadlines/Hearings

May 9, 2018

May 9, 2018

PACER
42

ORDER of Attorney Withdrawal with stipulation. Signed by District Judge Paul D. Borman. (DTof) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

RECAP
43

NOTICE of Appearance by Daniel Ortner on behalf of Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Ortner, Daniel) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
44

Notice - Other

July 9, 2018

July 9, 2018

PACER
45

ORDER to Strike 44 Notice (Other) filed by Chad Buck, St. Vincent Catholic Charities, Shamber Flore, Melissa Buck. Signed by District Judge Paul D. Borman. (DTof) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
46

ORDER Setting time limits for oral argument. Signed by District Judge Paul D. Borman. (DTof) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER

Minute Entry for proceedings before District Judge Paul D. Borman: Motion Hearing held on 7/12/2018 re 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss filed by Herman McCall, Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, 19 MOTION to Dismiss filed by Chad Buck, St. Vincent Catholic Charities, Shamber Flore, Melissa Buck Disposition: Motions taken under advisement (Court Reporter: Leann Lizza) (DTof)

July 12, 2018

July 12, 2018

PACER

Motion Hearing

July 12, 2018

July 12, 2018

PACER
47

NOTICE by All Plaintiffs of Supplemental Authority (Attachments: # 1 Exhibit) (Beeney, Garrard) (Entered: 07/16/2018)

1 Exhibit

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July 16, 2018

July 16, 2018

PACER
48

TRANSCRIPT of Defendants' and Defendant-Intervenors' Motions To Dismiss held on 07/12/2018. (Court Reporter: Leann S. Lizza) (Number of Pages: 110) 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 8/8/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/16/2018. 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. (Lizza, L.) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
49

OPINION AND ORDER denying in large part 19 Motion to Dismiss AND 16 Motion to Dismiss, and just dismissing the claims of Plaintiff Ludolph for lack of standing. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

RECAP
50

SCHEDULING ORDER: Fact Discovery due by 1/2/2019; Dispositive Motion Cut-off set for 2/28/2019 - Signed by District Judge Paul D. Borman. (Refer to image for additional dates) (DTof) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
51

AMENDED SCHEDULING ORDER: Fact Discovery due by 1/2/2019; Dispositive Motion Cut-off set for 2/28/2019 - Signed by District Judge Paul D. Borman. (Refer to image for additional dates) (DTof) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
52

ANSWER to Complaint with Affirmative Defenses by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall. (Smith, Joshua) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
53

MOTION for Leave to Appeal pursuant to 28 USC 1292(b) by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Rienzi, Mark)[MOTION FOR CERTIFICATION AND FOR STAY OF FURTHER PROCEEDINGS] Modified on 10/1/2018 (DPer). (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
54

ANSWER to Complaint with Affirmative Defenses by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Rienzi, Mark) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
55

RESPONSE to 53 MOTION for Leave to Appeal pursuant to 28 USC 1292(b) filed by All Plaintiffs. (Ostrager, Ann-Elizabeth) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
56

WITNESS LIST by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall (Smith, Joshua) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
57

WITNESS LIST by All Plaintiffs (Ostrager, Ann-Elizabeth) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
58

WITNESS LIST by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Rienzi, Mark) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
59

REPLY to Response re 53 MOTION for Leave to Appeal pursuant to 28 USC 1292(b) filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Rienzi, Mark) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
60

OPINION AND ORDER denying 53 Motion for Leave to Appeal. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

RECAP
61

Joint MOTION Modify Scheduling Order re 51 Scheduling Order, by All Plaintiffs. (Ostrager, Ann-Elizabeth) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
62

ORDER granting in part and denying in part 61 Motion to Modify Scheduling Order. Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
63

AMENDED SCHEDULING ORDER: Fact Discovery due by 2/18/2019 Dispositive Motion Cut-off set for 4/15/2019 Signed by District Judge Paul D. Borman. (Refer to image for additional dates) (DTof) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
64

NOTICE of Appearance by Nicholas R. Reaves on behalf of Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Reaves, Nicholas) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
65

NOTICE of Appearance by Lori H. Windham on behalf of Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Windham, Lori) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
66

ORDER of Attorney Withdrawal with stipulation. Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
67

NOTICE of Appearance by James G. Mandilk on behalf of All Plaintiffs. (Mandilk, James) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
68

NOTICE of Appearance by Hannah M. Lonky on behalf of All Plaintiffs. (Lonky, Hannah) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
69

NOTICE of Appearance by Lisa M. Ebersole on behalf of All Plaintiffs. (Ebersole, Lisa) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
70

STIPULATED PROTECTIVE ORDER REGARDING HEALTH AND CONFIDENTIAL INFORMATION. Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
71

STIPULATED 502(d) ORDER. Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
72

NOTICE of Appearance by Leila Rashida Siddiky on behalf of All Plaintiffs. (Siddiky, Leila) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
73

STIPULATED ORDER Allowing Withdrawal of Attorneys Jonathan S. Ludwig and John J. Bursch. Signed by District Judge Paul D. Borman. (JOwe) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
74

MOTION to Stay by All Plaintiffs. (Ostrager, Ann-Elizabeth)[FILED BY PLAINTIFFS AND STATE DEFENDANTS] Modified on 1/24/2019 (DPer). (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
75

MOTION to Expedite Motion to Stay Proceedings by All Plaintiffs. (Ostrager, Ann-Elizabeth)[FILED BY PLAINTIFFS AND STATE DEFENDANTS] Modified on 1/24/2019 (DPer). (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
76

ORDER granting in part and denying in part 74 Motion to Stay; granting 75 Motion to Expedite. Signed by District Judge Paul D. Borman. (DTof) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

RECAP

Set/Reset Scheduling Order Deadlines

Jan. 24, 2019

Jan. 24, 2019

PACER

Set/Reset Scheduling Order Deadlines: Fact Discovery due by 3/20/2019; Expert Discovery due by 4/17/2019 (DTof)

Jan. 24, 2019

Jan. 24, 2019

PACER
77

NOTICE of Appearance by William R. Bloomfield on behalf of Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Bloomfield, William) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
78

ORDER of Attorney Substitution with stipulation. Signed by District Judge Paul D. Borman. (DTof) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
79

MOTION TO EXTEND Stay of Proceedings by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall. (Smith, Joshua) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
80

MOTION Immediate Consideration of Motion for Stipulated Extension of Stay of Proceedings re 79 MOTION TO EXTEND Stay of Proceedings by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services, Herman McCall. (Smith, Joshua) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
81

ORDER Granting 80 MOTION Immediate Consideration of Motion for Stipulated Extension of Stay of Proceedings and 79 MOTION TO EXTEND Stay of Proceedings filed by Herman McCall, Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services. ( Fact Discovery due by 4/22/2019, Dispositive Motion Cut-off set for 6/14/2019) - Signed by District Judge Paul D. Borman. (DTof) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
82

STIPULATION of Dismissal by All Plaintiffs (Ostrager, Ann-Elizabeth) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two same-sex couples and one former foster child who objected to Michigan's policy of funding religious child placing agencies that discriminate against LGBTQ+ couples

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan, State

St. Vincent Catholic Charities (Lansing, Ingham), Non-profit or advocacy

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

Establishment Clause

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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2019 - None

Content of Injunction:

Provide antidiscrimination training

Training

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Issues

General:

Adoption

Disparate Impact

Disparate Treatment

Foster care (benefits, training)

Gay/lesbian/transgender

Juveniles

Marriage

Pattern or Practice

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Siblings (visitation, placement)

Discrimination-basis:

Sexual orientatation

Type of Facility:

Government-run

Non-government non-profit