Case: Buck v. Gordon

1:19-cv-00286 | U.S. District Court for the Western District of Michigan

Filed Date: April 15, 2019

Closed Date: Nov. 17, 2022

Clearinghouse coding complete

Case Summary

On April 15th, 2019, St. Vincent Catholic Charities (a Michigan foster care agency) and several of their volunteers filed a complaint in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the Michigan Department of Health and Human Services (MDHHS) and the U.S. Department of Health and Human Services (HHS) under 42 U.S.C. § 1983. The plaintiffs, represented by the Becket Fund for Religious Liberty, claimed that the Attorney General and MDHHS had violated their Fir…

On April 15th, 2019, St. Vincent Catholic Charities (a Michigan foster care agency) and several of their volunteers filed a complaint in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the Michigan Department of Health and Human Services (MDHHS) and the U.S. Department of Health and Human Services (HHS) under 42 U.S.C. § 1983. The plaintiffs, represented by the Becket Fund for Religious Liberty, claimed that the Attorney General and MDHHS had violated their First and Fourteenth Amendment rights and the Religious Freedom Restoration Act by threatening to terminate their state funding because they refused to certify same-sex couples as potential foster parents.

St. Vincent had contracted with the State to provide foster care services, including evaluating and certifying prospective foster parents. Because of its religious beliefs, St. Vincent refused to perform evaluations or certifications of same-sex couples. It did, however, match children with same-sex couples who had been certified by other foster care agencies. The Michigan legislature passed a law in 2015 to protect St. Vincent’s right to continue this practice. But after the general election in 2018, the newly elected Attorney General threatened to terminate St. Vincent’s if it continued to refuse to certify same-sex couples. The day after the case was filed, St. Vincent moved for a preliminary injunction to stop the State from terminating its contracts. The case was assigned to Judge Robert J. Jonker.

The dispute over St. Vincent's practices was longstanding. In 2017, the ACLU, on behalf of two same-sex couples, had sued the MDHHS for allowing St. Vincent to refer same-sex foster parents to other agencies based on religious objections. (See Dumont v. Lyon). After the new Attorney General was elected, she settled Dumont with the ACLU. The settlement stipulated that the State would prohibit all foster care agencies from turning away same sex-couples. St. Vincent did not join that settlement. Once St. Vincent initiated this second suit, the Dumont plaintiffs moved on May 21, 2019 to intervene in order to enforce the Dumont settlement. Their motion to intervene was denied on July 31, 2019, and the court denied their motion for reconsideration the following month. The Dumont plaintiffs appealed this decision later that month — the following year, the U.S. Court of Appeals for the Sixth Circuit held that the district court had abused its discretion by denying the Dumont plaintiffs’ motion to intervene. 959 F.3d 219.

While this was happening at the Sixth Circuit, at the district court level, St. Vincent and the federal defendants separately moved to dismiss the claims against them. On September 26th, 2019, Judge Jonker granted St. Vincent’s request for a preliminary injunction, preventing the State from suspending their contract with St. Vincent. The judge found that the State’s actions were likely an attempt to regulate religious belief in violation of the First Amendment, rather than an attempt to prevent discrimination. The Judge raised the fact that St. Vincent had matched foster children with same-sex couples as evidence that St. Vincent’s conduct was not discriminatory. He also focused on statements made by the Attorney General during her election campaign—including describing the plaintiffs as “hate-mongers”—that the Judge thought indicated a bias against St. Vincent’s religious beliefs. Finally, the judge held that the preliminary injunction would serve the public interest by allowing St. Vincent to continue to operate instead of burdening Michigan’s already stretched foster care system. With regards to the defendants’ motions to dismiss, the judge only permitted the claims brought by the St. Vincent volunteers to be dismissed.

The defendants appealed the order granting preliminary injunctive relief on September 26, 2019, and additionally filed a motion to stay the injunction on October 10. Judge Jonker denied the stay on October 22. The Sixth Circuit additionally denied the stay in November 2019. On January 6, 2020, the defendants moved to dismiss the appeal of the preliminary injunction, which the court granted on February 27, 2020. 2020 WL 1862309. The defendants also filed a motion to certify a question as to the proper interpretation of the 2015 law passed by the legislature to the Michigan Supreme Court because whether the law allowed the state to deny funding to the plaintiffs was “a foundational legal issue in this case.” 

On March 19, 2020, St. Vincent filed a motion to stay the case pending the Supreme Court’s decision in Fulton v. City of Philadelphia. The district court granted this stay in May. At the same time, the court also denied the defendants’ motion for certification because the state law had no bearing on St. Vincent's federal claims. 

In the meantime, the parties began engaging in discussions in an attempt to resolve the case. In June 2021, the Supreme Court held in Fulton that  the government’s refusal to contract with child placement agencies unless the agency agreed to certify same-sex couples constituted a First Amendment Free Exercise violation. Following the Fulton decision, in January 2022, the court granted the parties’ stipulation to resolve all claims against the state defendants. MDHHS agreed to an entry of a judgment against them on the free exercise claim, and agreed that it would not take any action against St. Vincent if the latter did not perform certain services for same-sex or unmarried couples. However, MDHHS retained discretion to approve St. Vincent’s request to return the referral of a foster child previously placed with St. Vincent. 

The federal defendants agreed to dismiss the case on the condition that the position of the case would be immediately reinstated, including the preliminary injunction order, should the defendants decide to take any action to enforce a federal law governing awards against the plaintiffs or the state of Michigan. Following the parties’ joint response, the district court dismissed the case on November 17, 2022. This case is now closed.

Summary Authors

Jonah Feitelson (2/8/2020)

Brillian Bao (12/21/2023)

Related Cases

Dumont v. Lyon, Eastern District of Michigan (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14942374/parties/buck-v-gordon/


Judge(s)
Attorney for Plaintiff

Bloomfield, William R. (Michigan)

Coate, Jacob (District of Columbia)

Attorney for Defendant

Bates, Christopher A (District of Columbia)

Boone, Precious Synott (Michigan)

Briggs, Elizabeth R. Husa (Michigan)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:19-cv-00286

Complaint

Buck v. Nessel

April 15, 2019

April 15, 2019

Complaint
69

1:19-cv-00286

Opinion

Buck v. Nessel

Sept. 26, 2019

Sept. 26, 2019

Order/Opinion

429 F.Supp.3d 429

84

1:19-cv-00286

Order

Buck v. Nessel

Oct. 22, 2019

Oct. 22, 2019

Order/Opinion

19-2185

Order

U.S. Court of Appeals for the Sixth Circuit

Feb. 27, 2020

Feb. 27, 2020

Order/Opinion

2020 WL 2020

Order

U.S. Court of Appeals for the Sixth Circuit

Feb. 27, 2020

Feb. 27, 2020

Order/Opinion

2020 WL 2020

19-1959

Opinion

U.S. Court of Appeals for the Sixth Circuit

May 11, 2020

May 11, 2020

Order/Opinion

959 F.3d 959

113

1:19-cv-00286

Stipulated Order And Judgment Resolving All Claims Against State Defendants

Buck v. Hertel

Jan. 26, 2022

Jan. 26, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14942374/buck-v-gordon/

Last updated March 16, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert Gordon, Herman McCall, Alex Azar, Dana Nessel, United States Department of Health and Human Services filed by Shamber Flore, Melissa Buck, St. Vincent Catholic Charities, Chad Buck (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Windham, Lori) Modified text on 4/16/2019 (ems). (Entered: 04/15/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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April 15, 2019

April 15, 2019

Clearinghouse
2

PROPOSED SUMMONS to be issued re 1 (Windham, Lori) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER

FILING FEE PAID re 1 by plaintiffs Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities in the amount of $400, receipt number 0646-4413741 (Windham, Lori)

April 15, 2019

April 15, 2019

PACER
3

NOTICE that this case has been assigned Robert J. Jonker ; with NOTICE OF DEFICIENCY re corporate disclosure statement (ems) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
4

SUMMONS ISSUED as to defendants Alex Azar, Robert Gordon, Herman McCall, Dana Nessel, United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General (ems) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
5

MOTION for preliminary injunction by plaintiffs Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities; (Attachments: # 1 Proposed Order) (Windham, Lori) (Entered: 04/16/2019)

1 Proposed Order

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April 16, 2019

April 16, 2019

RECAP
6

MEMORANDUM in support of Motion for Preliminary Injunction 5 filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18) (Windham, Lori) (Entered: 04/16/2019)

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 Exhibit 7

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9 Exhibit 9

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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April 16, 2019

April 16, 2019

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7

CORPORATE DISCLOSURE STATEMENT by St. Vincent Catholic Charities (Windham, Lori) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Toni L. Harris on behalf of defendants Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni)

April 23, 2019

April 23, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jeanne Frances Long on behalf of defendants Alex Azar, United States Department of Health and Human Services (Long, Jeanne)

April 24, 2019

April 24, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Anthony Joseph Sukkar on behalf of defendants Robert Gordon, Herman McCall, Dana Nessel (Sukkar, Anthony)

April 24, 2019

April 24, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Precious Synott Boone on behalf of defendants Robert Gordon, Herman McCall, Dana Nessel (Boone, Precious)

April 24, 2019

April 24, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua Sean Smith on behalf of defendants Robert Gordon, Herman McCall, Dana Nessel (Smith, Joshua)

April 24, 2019

April 24, 2019

PACER
8

ORDER regarding response to Motion for Preliminary Injunction 5 responses due by 5/15/2019; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

RECAP
9

PROPOSED SUMMONS to be issued re 1 (Windham, Lori) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER

SUMMONS NOT ISSUED re 9 as to Jennifer Wrayno due to not being a party to the case (attorney notified) (ems)

April 29, 2019

April 29, 2019

PACER
10

SUMMONS returned executed on Alex Azar, US Attorney and US Attorney General; service upon defendant, Alex Azar complete on 4/23/2019, answer due 6/24/2019 (Windham, Lori) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
11

SUMMONS returned executed on United States Department of Health and Human Services, US Attorney and US Attorney General; service upon defendant, United States Department of Health and Human Services complete on 4/23/2019, answer due 6/24/2019 (Windham, Lori) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
12

SUMMONS returned executed; Robert Gordon served on 4/19/2019, answer due 5/10/2019 (Windham, Lori) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
13

SUMMONS returned executed; Herman McCall served on 4/29/2019, answer due 5/20/2019 (Windham, Lori) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER
14

SUMMONS returned executed; Dana Nessel served on 4/19/2019, answer due 5/10/2019 (Windham, Lori) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher Alan Bates on behalf of defendant Alex Azar (Bates, Christopher)

April 30, 2019

April 30, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher Alan Bates on behalf of defendant United States Department of Health and Human Services (Bates, Christopher)

April 30, 2019

April 30, 2019

PACER
15

PROPOSED STIPULATION and ORDER to Extend Deadlines by defendants Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

PACER
16

ORDER granting STIPULATION 15 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

RECAP
17

ATTORNEY SUBSTITUTION adding attorney Elizabeth R. Husa Briggs in the place of Anthony J. Sukkar (Husa Briggs, Elizabeth) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Nicholas Robert Reaves on behalf of plaintiffs Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Reaves, Nicholas)

May 16, 2019

May 16, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Mark Leonard Rienzi on behalf of plaintiffs Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Rienzi, Mark)

May 16, 2019

May 16, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of William R. Bloomfield on behalf of plaintiffs Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Bloomfield, William)

May 16, 2019

May 16, 2019

PACER
18

MOTION to intervene (expedited consideration requested) by movants Kristy Dumont, Dana Dumont; (Attachments: # 1 Exhibit A - Proposed Answer) (Korobkin, Daniel) Modified text on 5/22/2019 (ems). (Entered: 05/21/2019)

1 Exhibit A - Proposed Answer

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May 21, 2019

May 21, 2019

PACER
19

BRIEF in support of MOTION to intervene (expedited consideration requested) 18 filed by Dana Dumont, Kristy Dumont (Korobkin, Daniel) Modified text on 5/22/2019 (ems). (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

RECAP
20

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to intervene (expedited consideration requested) 18 filed by Dana Dumont, Kristy Dumont (Korobkin, Daniel) Modified text on 5/22/2019 (ems). (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
21

PROPOSED MOTION to transfer case by movants Dana Dumont, Kristy Dumont; (Korobkin, Daniel) Modified text on 5/22/2019 (ems). (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
22

BRIEF in support of PROPOSED MOTION to transfer case 21 filed by Dana Dumont, Kristy Dumont (Korobkin, Daniel) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
23

CERTIFICATE regarding compliance with LCivR 7.1(d) re PROPOSED MOTION to transfer case 21 filed by Dana Dumont, Kristy Dumont (Korobkin, Daniel) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
24

MOTION to stay by defendants Robert Gordon, Herman McCall, Dana Nessel; (Harris, Toni) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
25

BRIEF in support of MOTION to stay 24 filed by Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
26

PROPOSED ORDER regarding Motion to Stay Deadlines by defendants Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
27

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to stay 24 filed by Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
28

ORDER denying 24 motion to stay; terminating PROPOSED ORDER 26 ; the intervention and transfer motions can proceed on the Court's normal schedule without the need for expediting ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
29

FIRST MOTION to transfer case by defendants Robert Gordon, Herman McCall, Dana Nessel; (Boone, Precious) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
30

MEMORANDUM in support of Motion to Transfer Case 29 filed by Robert Gordon, Herman McCall, Dana Nessel (Boone, Precious) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
31

EXHIBITS re 29 and 30 by defendants Robert Gordon, Herman McCall, Dana Nessel (Attachments: # 1 Exhibit 1 - Mot to Intervene, # 2 Exhibit 2 - Complaint, # 3 Exhibit 3 - Order, # 4 Exhibit 4 - Def -Intv Mot to Dismiss, # 5 Exhibit 5 - Stipulation, # 6 Exhibit 6 - Order, # 7 Exhibit 7 - Gordon v Caruso, # 8 Exhibit 8 - Zide Sport Shop, # 9 Exhibit 9 - Tu Nguyen, # 10 Exhibit 10 - Brown v State, # 11 Exhibit 11 - Palmer v Schuette) (Boone, Precious) Modified text on 5/30/2019 (ems). (Entered: 05/29/2019)

1 Exhibit 1 - Mot to Intervene

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2 Exhibit 2 - Complaint

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3 Exhibit 3 - Order

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4 Exhibit 4 - Def -Intv Mot to Dismiss

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5 Exhibit 5 - Stipulation

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6 Exhibit 6 - Order

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7 Exhibit 7 - Gordon v Caruso

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8 Exhibit 8 - Zide Sport Shop

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9 Exhibit 9 - Tu Nguyen

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10 Exhibit 10 - Brown v State

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11 Exhibit 11 - Palmer v Schuette

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May 29, 2019

May 29, 2019

PACER
32

CERTIFICATE regarding compliance with LCivR 7.1(d) re FIRST MOTION to transfer case 29 filed by Robert Gordon, Herman McCall, Dana Nessel (Boone, Precious) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
33

RESPONSE in opposition to MOTION for preliminary injunction 5 filed by Alex Azar, United States Department of Health and Human Services (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Bates, Christopher) (Entered: 05/29/2019)

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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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May 29, 2019

May 29, 2019

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34

RESPONSE TO MOTION for preliminary injunction 5 filed by Robert Gordon, Herman McCall, Dana Nessel (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (Smith, Joshua) Modified text on 5/30/2019 (ems). (Entered: 05/29/2019)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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May 29, 2019

May 29, 2019

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35

RESPONSE in opposition to MOTION for preliminary injunction 5 [Proposed] filed by Dana Dumont, Kristy Dumont (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Korobkin, Daniel) (Entered: 05/30/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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May 29, 2019

May 29, 2019

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36

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 6/26/2019 at 03:30 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; status report due by 6/19/2019 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
37

RESPONSE TO MOTION to intervene (expedited consideration requested) intervenor-defendants Kristy Dumont, Dana Dumont 18 filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (Windham, Lori) Modified text on 6/5/2019 (ems). (Entered: 06/04/2019)

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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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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June 4, 2019

June 4, 2019

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38

NOTICE of Related Case by defendants Robert Gordon, Herman McCall, Dana Nessel (Attachments: # 1 Exhibit A) (Boone, Precious) (Entered: 06/10/2019)

1 Exhibit A

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June 10, 2019

June 10, 2019

PACER
39

MOTION for leave to file Reply Brief in Support of Motion To Intervene by movants Dana Dumont, Kristy Dumont; (Attachments: # 1 Exhibit A - [Proposed] Reply Brief in Support of Motion To Intervene, # 2 Exhibit A-1 - Declaration of Kristy Dumont, # 3 Exhibit A-2 - Declaration of Dana Dumont) (Lonky, Hannah) Modified text on 6/11/2019 (ems). (Entered: 06/10/2019)

1 Exhibit A - [Proposed] Reply Brief in Support of Motion To Intervene

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2 Exhibit A-1 - Declaration of Kristy Dumont

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3 Exhibit A-2 - Declaration of Dana Dumont

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June 10, 2019

June 10, 2019

PACER
40

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Reply Brief in Support of Motion To Intervene 39 filed by Dana Dumont, Kristy Dumont (Lonky, Hannah) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
41

ORDER denying 39 motion for leave to file reply brief ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
42

REPLY to response to motion 5 filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Attachments: # 1 Exhibit 1 - Roach Report, # 2 Exhibit 2 - Seyka Declaration, # 3 Exhibit 3 - Strachan Report, # 4 Exhibit 4 - Snoeyink Declaration) (Windham, Lori) Modified text on 6/13/2019 (ems). (Entered: 06/12/2019)

1 Exhibit 1 - Roach Report

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2 Exhibit 2 - Seyka Declaration

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3 Exhibit 3 - Strachan Report

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4 Exhibit 4 - Snoeyink Declaration

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June 12, 2019

June 12, 2019

PACER
43

JOINT STATUS REPORT (Windham, Lori) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
44

MOTION to dismiss by defendants Alex Azar, United States Department of Health and Human Services; (Bates, Christopher) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

RECAP
45

BRIEF in support of MOTION to dismiss 44 filed by Alex Azar, United States Department of Health and Human Services (Bates, Christopher) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

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46

RESPONSE in opposition to FIRST MOTION to transfer case 29 filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Windham, Lori) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
47

MINUTES of Rule 16 scheduling conference held before Chief Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Chief Judge Robert J. Jonker, sdb) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
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(DISREGARD) LETTER from Clerk to attorney Leslie D. Cooper regarding mandatory electronic filing (ems) Modified text on 6/27/2019; letter was not sent (Leslie Jill Cooper, not Leslie D. Cooper, appeared at the 6/26 hearing) (ems). (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
49

PROPOSED STIPULATION and ORDER Extending Deadline to Respond to Federal Defendants' Motion to Dismiss 44 by defendants Robert Gordon, Herman McCall, Dana Nessel (Smith, Joshua) Modified text on 7/3/2019 (ems). (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
50

ORDER granting STIPULATION 49 to extend Plaintiffs' and State Defendants' deadline to respond to Federal Defendants' motion to dismiss ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

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TRANSCRIPT of Rule 16 Scheduling Conference held 06/26/2019 before Honorable Robert J. Jonker, Chief Judge; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 10/14/2019 ; redaction request due 8/6/2019 (Court Reporter: Trexler, Glenda (517)819-0396) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
52

ORDER denying 18 motion to intervene without prejudice to the ability to renew the motion at a later point in the case; denying as moot 21 motion to transfer case; denying 29 motion to transfer case; Movants Kristy and Dana Dumont may participate as amici curiae; hearing on Plaintiffs' motion for preliminary injunction set for 8/22/19 at 2:00 PM; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

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RESPONSE TO MOTION to dismiss 44 filed by Robert Gordon, Herman McCall, Dana Nessel (Smith, Joshua) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
54

RESPONSE in opposition to MOTION to dismiss 44 filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Windham, Lori) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
55

MOTION for reconsideration re 52 Denial of Motion to Intervene by amicus parties Dana Dumont, Kristy Dumont; (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Siddiky, Leila) (Entered: 08/09/2019)

1 Exhibit A

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2 Exhibit B

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Aug. 9, 2019

Aug. 9, 2019

PACER
56

BRIEF in support of MOTION for reconsideration re 52 Denial of Motion to Intervene 55 filed by Dana Dumont, Kristy Dumont (Siddiky, Leila) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
57

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for reconsideration re 52 Denial of Motion to Intervene 55 filed by Dana Dumont, Kristy Dumont (Siddiky, Leila) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
58

ORDER denying 55 motion for reconsideration; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

RECAP
59

NOTICE of Intent to Cite Document by plaintiffs Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Attachments: # 1 Attachment 1) (Windham, Lori) (Entered: 08/19/2019)

1 Attachment 1

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Aug. 19, 2019

Aug. 19, 2019

PACER
60

NOTICE of Intent to Cite Supplemental Documents by defendants Robert Gordon, Herman McCall, Dana Nessel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Smith, Joshua) (Entered: 08/20/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Aug. 20, 2019

Aug. 20, 2019

PACER
61

REPLY to response to motion 44 to dismiss filed by Alex Azar, United States Department of Health and Human Services (Bates, Christopher) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
62

RESPONSE in opposition to MOTION for preliminary injunction 5 (Brief Amici Curiae) filed by Dana Dumont, Kristy Dumont (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Ostrager, Ann-Elizabeth) Modified text on 8/21/2019 (ems). (Entered: 08/20/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Aug. 20, 2019

Aug. 20, 2019

RECAP
63

MINUTES of motion hearing re 5 MOTION for preliminary injunction filed by Chad Buck, St. Vincent Catholic Charities, Shamber Flore, Melissa Buck, 44 MOTION to dismiss filed by Alex Azar, United States Department of Health and Human Services held before Chief Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Chief Judge Robert J. Jonker, ymc) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
64

TRANSCRIPT of Hearing on Plaintiffs' Motion for Preliminary Injunction held 08/22/2019 before Honorable Robert J. Jonker, Chief Judge; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 11/21/2019 ; redaction request due 9/13/2019 (Court Reporter: Trexler, Glenda (517)819-0396) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
65

NOTICE OF INTERLOCUTORY APPEAL re 52 by amicus parties Dana Dumont, Kristy Dumont [Attorney Jason M. Schnier added to party Dana Dumont(pty:am), Attorney Jason M. Schnier added to party Kristy Dumont(pty:am)] (Schnier, Jason) Modified text on 8/26/2019 (ems). (Entered: 08/26/2019)

Aug. 26, 2019

Aug. 26, 2019

PACER

CASE NUMBER 19-1959 assigned by the Sixth Circuit to appeal 65 (mkc)

Aug. 28, 2019

Aug. 28, 2019

PACER
66

LETTER FROM CCA regarding appeal 65 indicating appeal has been docketed as USCA case number 19-1959 (ems) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
67

LETTER from attorney Ann-Elizabeth Ostrager for amicus parties Dana Dumont, Kristy Dumont regarding ECF No. 62 (Ostrager, Ann-Elizabeth) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER

APPEAL FEE PAID re 65 by amicus parties Dana Dumont, Kristy Dumont in the amount of $505, receipt number AMIWDC-4527475 (Schnier, Jason)

Sept. 4, 2019

Sept. 4, 2019

PACER
68

NOTICE of Withdrawal of Attorney Joshua S. Smith by defendants Robert Gordon, Herman McCall, Dana Nessel (Smith, Joshua) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
69

OPINION ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

Clearinghouse
70

ORDER granting 29 to the extent Defendants seek dismissal of Plaintiffs Chad Buck, Melissa Buck, and Shamber Flore under Fed. R. Civ. P. 12(b)(2) and is DENIED in all other respects. Granting 44 to the extent Defendants seek dismissal of Plaintiffs Melissa Buck, Chad Buck, and Shamber Flore under Fed. R. Civ. P. 12(b)(2) and is DENIED in all other respects. Plaintiffs Melissa Buck, Chad Buck, and Shamber Flore may proceed as amici curiae in the case. Granting 5 motion for preliminary injunction ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

Clearinghouse
71

NOTICE OF INTERLOCUTORY APPEAL re 69, 70 by defendants Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) Modified text on 10/7/2019 (ems). (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

RECAP

APPEAL FEE PAID re 71 by defendants Robert Gordon, Herman McCall, Dana Nessel in the amount of $505, receipt number AMIWDC-4560060 (Harris, Toni) Modified text on 10/8/2019 (ems).

Oct. 8, 2019

Oct. 8, 2019

PACER
72

MOTION to stay re 69, 70 by defendants Robert Gordon, Herman McCall, Dana Nessel; (Harris, Toni) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
73

BRIEF in support of MOTION to stay re 69, 70 72 filed by Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
74

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to stay re 69, 70 72 filed by Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

RECAP
75

ANSWER to complaint, 1 with defenses by Alex Azar, United States Department of Health and Human Services (Bates, Christopher) Modified text on 10/11/2019 (ems). (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

RECAP
76

ORDER regarding response to motion to stay 72 ; Plaintiffs may file their opposition not later than 10/21/2019 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

RECAP
77

ANSWER to complaint, 1 with affirmative defenses by Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

RECAP

CASE NUMBER 19-2185 assigned by the Sixth Circuit to appeal 71 (mkc) Modified text on 10/15/2019 (ems).

Oct. 15, 2019

Oct. 15, 2019

PACER
78

LETTER FROM CCA regarding appeal 71 indicating appeal has been docketed as USCA case number 19-2185 (ems) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

RECAP
79

LETTER FROM CCA regarding appeal 71 indicating appeal has been docketed as USCA case number 19-2185 and holding case in abeyance pending ruling on motion for say or modification of Court's preliminary injunction filed 10/07/19 (ems) (Entered: 10/16/2019)

Oct. 15, 2019

Oct. 15, 2019

RECAP
80

RESPONSE TO MOTION to stay re 69, 70 72 filed by Chad Buck, Melissa Buck, Shamber Flore, St. Vincent Catholic Charities (Windham, Lori) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

RECAP
81

MOTION for leave to file Reply Brief by defendants Robert Gordon, Herman McCall, Dana Nessel; (Harris, Toni) (Entered: 10/20/2019)

Oct. 20, 2019

Oct. 20, 2019

PACER
82

BRIEF in support of MOTION for leave to file Reply Brief 81 filed by Robert Gordon, Herman McCall, Dana Nessel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Harris, Toni) (Entered: 10/20/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

View on PACER

Oct. 20, 2019

Oct. 20, 2019

PACER
83

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Reply Brief 81 filed by Robert Gordon, Herman McCall, Dana Nessel (Harris, Toni) (Entered: 10/20/2019)

Oct. 20, 2019

Oct. 20, 2019

RECAP
84

ORDER denying 72 motion to stay; denying 81 motion for leave to file reply brief ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

Clearinghouse

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2019

Closing Date: Nov. 17, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Catholic foster care agency.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Department of Health and Human Services (Ingham), State

U.S. Department of Health and Human Services (- United States (national) -), Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Conditional Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Adoption

Foster care (benefits, training)

Funding

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Religion discrimination

LGBTQ+:

LGBTQ+