Case: Dumont v. Lyon

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

Filed Date: Sept. 20, 2017

Closed Date: Feb. 22, 2022

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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 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, and emphasized the "key roles" that religious agencies had played in adoption and foster care in Michigan. Senator Meekoff further explained that the loss of even the two faith-based agencies mentioned in Plaintiffs’ complaint would “greatly lessen” the number and diversity of adoption and foster-care options available in Michigan.

On March 5, 2018, the court granted SVCC’s motion to intervene as a defendant. A few weeks later, the court additionally granted the motions to intervene as defendants of the three individuals who were successfully adopted through SVCC.

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 state and the plaintiffs 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 parties agreed to bear their own attorneys' fees and costs. The Court retained jurisdiction to enforce the settlement agreement.

The intervenors did not join this settlement. SVCC filed a separate lawsuit against the state of Michigan on April 15, 2019, claiming that the Constitution entitled it to a taxpayer-funded contract to perform public child welfare services and opt out of the contract’s non-discrimination requirement. Buck v. Gordon.

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 a state-funded child placing agency refused to place children with same-sex couples. On January 26, 2022, a settlement was reached in Buck v. Gordon in light of the Supreme Court’s opinion in Fulton v. City of Philadelphia, recognizing the government’s refusal to contract with child placement agencies unless the agency agreed to certify same-sex couples as a First Amendment Free Exercise violation. Per the Buck v. Gordon settlement, the Michigan Department of Health and Human Services could not take any action against SVCC for its failure to work with same-sex or unmarried couples. Because of that agreement, the plaintiffs in the instant case filed a motion on February 22, 2022 to withdraw their earlier motion to reopen the proceedings. The docket has been silent since then, and the case is presumably closed.

Summary Authors

Rebecca Strauss (8/8/2018)

Hope Brinn (5/12/2020)

Brillian Bao (11/11/2023)

Catholic Charities v. Michigan Department of Health and Human Services, Eastern District of Michigan (2019)

People

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

Judge(s)

Borman, Paul D. (Michigan)

Attorney for Plaintiff

Beeney , Garrard R (New York)

Attorney for Defendant

Expert/Monitor/Master/Other

Anderson, Katherine L. (Arizona)

Barclay, Stephanie Hall (District of Columbia)

Bloomfield, William R. (Michigan)

Judge(s)

Borman, Paul D. (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorney for Plaintiff

Beeney , Garrard R (New York)

Cooper, Leslie (New York)

Ebersole, Lisa M (New York)

Fornecker, Anne Kristin (Michigan)

Galisewski, Ryan (New York)

Henry, Thomas J (Michigan)

Hilliard, Robert (Michigan)

Jr, Rudy Gonzales (Michigan)

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)

Reilly, Marion M. (Michigan)

Schnier, Jason W. (New York)

Shadowen, Steve D. (Michigan)

Siddiky, Leila R. (New York)

Steinberg, Michael J. (Michigan)

Teeter, Greggory A (Michigan)

Tobin, Catherine Danielle (Michigan)

Attorney for Defendant

Bursch, John J. (Michigan)

Giovanatti, Neil Anthony (Michigan)

Harris, Toni L. (Michigan)

Ludwig, Jonathan S. (Michigan)

Smith, Joshua S (Michigan)

Other

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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
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 341 F.Supp.3d 706
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 2018 WL 5292022
82 2:17-cv-13080	Stipulation of Voluntary Dismissal With Prejudice Dumont v. Gordon	March 22, 2019	March 22, 2019 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Dumont v. Lyon FAQ ACLU of Michigan		Sept. 19, 2017	Sept. 19, 2017 http://www.aclumich.org/...

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Docket

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

Last updated April 9, 2025, 2:29 p.m.

ECF Number	Date	Description	Link
1	Sept. 20, 2017	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)	Clearinghouse
2	Sept. 20, 2017	[DOCKETING ERROR] SUMMONS Issued for * All Defendants * (LGra) (Entered: 09/20/2017)	RECAP
3	Sept. 20, 2017	SUMMONS Issued for *Nick Lyon (LGra) (Entered: 09/20/2017)	RECAP
4	Sept. 20, 2017	SUMMONS Issued for Herman McCall (LGra) (Entered: 09/20/2017)	RECAP
5	Oct. 11, 2017	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)	RECAP
6	Oct. 11, 2017	NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 10/11/2017)	RECAP
7	Oct. 11, 2017	NOTICE of Appearance by Daniel Mach on behalf of All Plaintiffs. (Mach, Daniel) (Entered: 10/11/2017)	RECAP
8	Oct. 11, 2017	NOTICE of Appearance by Leslie Cooper on behalf of All Plaintiffs. (Cooper, Leslie) (Entered: 10/11/2017)	RECAP
9	Oct. 16, 2017	NOTICE of Appearance by Ann-Elizabeth Ostrager on behalf of All Plaintiffs. (Ostrager, Ann-Elizabeth) (Entered: 10/16/2017)	RECAP
10	Oct. 24, 2017	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)	RECAP
11	Nov. 9, 2017	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)	RECAP
12	Nov. 9, 2017	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)	RECAP
13	Nov. 17, 2017	NOTICE of Appearance by Ryan D. Galisewski on behalf of All Plaintiffs. (Galisewski, Ryan) (Entered: 11/17/2017)	RECAP
14	Nov. 20, 2017	NOTICE of Appearance by Jason W. Schnier on behalf of All Plaintiffs. (Schnier, Jason) (Entered: 11/20/2017)	RECAP
15	Dec. 15, 2017	ATTORNEY APPEARANCE: John J. Bursch appearing on behalf of All Defendants (Bursch, John) (Entered: 12/15/2017)	RECAP
16	Dec. 15, 2017	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 View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Exhibit 8 View on PACER 10 Exhibit 9 View on PACER 11 Exhibit 10 View on PACER 12 Exhibit 11 View on PACER 13 Exhibit 12 View on PACER 14 Exhibit 13 View on PACER	RECAP
17	Dec. 18, 2017	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)	RECAP
18	Dec. 18, 2017	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 View on PACER 2 Exhibit 1 - Declaration of Gina Snoeyik View on PACER 3 Exhibit 2 - Declaration of Melissa Buck View on PACER 4 Exhibit 3 - Declaration of Shamber Raine Flore View on PACER	RECAP
19	Dec. 19, 2017	MOTION to Dismiss by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Barclay, Stephanie) (Entered: 12/19/2017)	RECAP
20	Jan. 2, 2018	NOTICE of Appearance by Garrard R. Beeney on behalf of All Plaintiffs. (Beeney, Garrard) (Entered: 01/02/2018)	RECAP
21	Jan. 2, 2018	RESPONSE to 18 MOTION to Intervene in Partial Opposition filed by All Plaintiffs. (Beeney, Garrard) (Entered: 01/02/2018)	RECAP
22	Jan. 8, 2018	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)	RECAP
23	Jan. 9, 2018	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)	RECAP
24	Jan. 9, 2018	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 View on PACER	RECAP
25	Jan. 23, 2018	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)	RECAP
	Jan. 29, 2018	TEXT−ONLY NOTICE: Motion Hearing set for 03/28/2018 is Cancelled. (DTof) (Entered: 01/29/2018)	PACER
	Jan. 29, 2018	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) (Entered: 01/29/2018)	PACER
	Jan. 29, 2018	TEXT-ONLY NOTICE: Motion Hearing set for 03/28/2018 is Cancelled. (DTof)
	Jan. 29, 2018	Text-Only Notice of Hearing Cancelled
	Jan. 29, 2018	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	Set Motion and R&R Deadlines/Hearings
26	Jan. 30, 2018	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 View on PACER 2 Exhibit Attachment 1 to Amicus Brief View on PACER	RECAP
27	Feb. 6, 2018	NOTICE of Appearance by David A. Cortman on behalf of Arlan Meekhof. (Cortman, David) (Entered: 02/06/2018)	RECAP
28	Feb. 6, 2018	RESPONSE to 16 MOTION to Dismiss re 1 Complaint, MOTION to Dismiss filed by All Plaintiffs. (Beeney, Garrard) (Entered: 02/06/2018)	RECAP
29	Feb. 26, 2018	ORDER granting 26 Motion for Leave to File Amicus Brief. Signed by District Judge Paul D. Borman. (DTof) (Entered: 02/26/2018)	RECAP
30	March 2, 2018	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 View on PACER 2 Exhibit 1 - Brent v. Wayne Cty. Dept of Human Servs. View on PACER	RECAP
31	March 5, 2018	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)	Clearinghouse
	March 7, 2018	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) (Entered: 03/07/2018)	PACER
	March 7, 2018	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	Motion Hearing
32	March 9, 2018	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)	RECAP
33	March 15, 2018	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)	RECAP
34	March 22, 2018	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)	Clearinghouse
	March 23, 2018	Set/Reset Deadlines as to 19 MOTION to Dismiss . Response due by 4/12/2018 Reply due by 4/26/2018 (DTof) (Entered: 03/23/2018)	PACER
35	March 23, 2018	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)	RECAP
	March 23, 2018	Set Motion and R&R Deadlines/Hearings
	March 23, 2018	Set/Reset Deadlines as to 19 MOTION to Dismiss . Response due by 4/12/2018 Reply due by 4/26/2018 (DTof)
	March 27, 2018	Set/Reset Deadlines as to 19 MOTION to Dismiss . Response due by 4/20/2018 Reply due by 5/4/2018 (DTof) (Entered: 03/27/2018)	PACER
36	March 27, 2018	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)	RECAP
	March 27, 2018	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	Set Motion and R&R Deadlines/Hearings
	April 3, 2018	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) (Entered: 04/03/2018)	PACER
	April 3, 2018	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	Set Motion and R&R Deadlines/Hearings
37	April 20, 2018	RESPONSE to 19 MOTION to Dismiss filed by All Plaintiffs. (Beeney, Garrard) (Entered: 04/20/2018)	RECAP
38	May 1, 2018	MOTION for Leave to File Excess Pages by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Barclay, Stephanie) (Entered: 05/01/2018)	RECAP
39	May 1, 2018	ORDER granting 38 Motion for Leave to File Excess Pages. Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/01/2018)	RECAP
40	May 1, 2018	NOTICE of Appearance by Jonathan A. Scruggs on behalf of Arlan Meekhof. (Scruggs, Jonathan) (Entered: 05/01/2018)	RECAP
41	May 4, 2018	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)	RECAP
	May 9, 2018	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) (Entered: 05/09/2018)	PACER
	May 9, 2018	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	Set Motion and R&R Deadlines/Hearings
42	June 4, 2018	ORDER of Attorney Withdrawal with stipulation. Signed by District Judge Paul D. Borman. (DTof) (Entered: 06/04/2018)	RECAP
43	July 5, 2018	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)	RECAP
44	July 9, 2018	Notice - Other	RECAP
45	July 9, 2018	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)	RECAP
46	July 10, 2018	ORDER Setting time limits for oral argument. Signed by District Judge Paul D. Borman. (DTof) (Entered: 07/10/2018)	RECAP
	July 12, 2018	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	Motion Hearing
47	July 16, 2018	NOTICE by All Plaintiffs of Supplemental Authority (Attachments: # 1 Exhibit) (Beeney, Garrard) (Entered: 07/16/2018) 1 Exhibit View on PACER	RECAP
48	July 18, 2018	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)	RECAP
49	Sept. 14, 2018	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)	Clearinghouse
50	Sept. 17, 2018	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)	RECAP
51	Sept. 17, 2018	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)	RECAP
52	Sept. 28, 2018	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)	RECAP
53	Sept. 28, 2018	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)	RECAP
54	Sept. 28, 2018	ANSWER to Complaint with Affirmative Defenses by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities. (Rienzi, Mark) (Entered: 09/28/2018)	RECAP
55	Oct. 12, 2018	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)	RECAP
56	Oct. 15, 2018	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)	RECAP
57	Oct. 15, 2018	WITNESS LIST by All Plaintiffs (Ostrager, Ann-Elizabeth) (Entered: 10/15/2018)	RECAP
58	Oct. 15, 2018	WITNESS LIST by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Rienzi, Mark) (Entered: 10/15/2018)	RECAP
59	Oct. 19, 2018	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)	RECAP
60	Oct. 25, 2018	OPINION AND ORDER denying 53 Motion for Leave to Appeal. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/25/2018)	Clearinghouse
61	Oct. 31, 2018	Joint MOTION Modify Scheduling Order re 51 Scheduling Order, by All Plaintiffs. (Ostrager, Ann-Elizabeth) (Entered: 10/31/2018)	RECAP
62	Nov. 2, 2018	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)	RECAP
63	Nov. 13, 2018	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)	RECAP
64	Nov. 14, 2018	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)	RECAP
65	Nov. 14, 2018	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)	RECAP
66	Nov. 16, 2018	ORDER of Attorney Withdrawal with stipulation. Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/16/2018)	RECAP
67	Nov. 28, 2018	NOTICE of Appearance by James G. Mandilk on behalf of All Plaintiffs. (Mandilk, James) (Entered: 11/28/2018)	RECAP
68	Nov. 30, 2018	NOTICE of Appearance by Hannah M. Lonky on behalf of All Plaintiffs. (Lonky, Hannah) (Entered: 11/30/2018)	RECAP
69	Dec. 18, 2018	NOTICE of Appearance by Lisa M. Ebersole on behalf of All Plaintiffs. (Ebersole, Lisa) (Entered: 12/18/2018)	RECAP
70	Dec. 21, 2018	STIPULATED PROTECTIVE ORDER REGARDING HEALTH AND CONFIDENTIAL INFORMATION. Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/21/2018)	RECAP
71	Dec. 21, 2018	STIPULATED 502(d) ORDER. Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/21/2018)	RECAP
72	Jan. 22, 2019	NOTICE of Appearance by Leila Rashida Siddiky on behalf of All Plaintiffs. (Siddiky, Leila) (Entered: 01/22/2019)	RECAP
73	Jan. 23, 2019	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)	RECAP
74	Jan. 23, 2019	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)	RECAP
75	Jan. 23, 2019	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)	RECAP
	Jan. 24, 2019	Set/Reset Scheduling Order Deadlines: Fact Discovery due by 3/20/2019; Expert Discovery due by 4/17/2019 (DTof) (Entered: 01/24/2019)	PACER
76	Jan. 24, 2019	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)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2017

Closing Date: Feb. 22, 2022

Case Ongoing: No reason to think so

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

Non-profit or advocacy

St. Vincent Catholic Charities

State