Case: Esshaki v. Whitmer

2:20-cv-10831 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 31, 2020

Closed Date: Sept. 2, 2020

Clearinghouse coding complete

Case Summary

On March 31, 2020, a candidate for the United States House of Representatives in Michigan's 11th District filed this complaint in the U.S. District Court for the Eastern District of Michigan. The plaintiff sued the Governor, Secretary of State, and other state officials for an injunction barring the defendants from enforcing the April 21 deadline for candidates to submit a certain number of signatures in order to have their names placed on the ballot. The case was assigned to Judge Terrence G. …

On March 31, 2020, a candidate for the United States House of Representatives in Michigan's 11th District filed this complaint in the U.S. District Court for the Eastern District of Michigan. The plaintiff sued the Governor, Secretary of State, and other state officials for an injunction barring the defendants from enforcing the April 21 deadline for candidates to submit a certain number of signatures in order to have their names placed on the ballot. The case was assigned to Judge Terrence G. Berg.

On April 14, 2020, a Michigan resident seeking a nomination to the 47th District Court Judge incumbent position filed a motion to intervene. On April 15, 2020, a Michigan resident who is an independent candidate for President filed a pro se motion to intervene as a plaintiff.

On April 20, 2020, Judge Berg granted the motion for the preliminary injunction. 2020 WL 1910154. He found that the State's decision to enforce both the stay-at-home order and the statutory ballot-access requirements violated both the First and Fourteenth Amendments and imposed a severe burden on the plaintiff's ability to seek elected office. As a part of the injunction, Judge Berg ordered that candidates who submitted fifty percent of the required signatures could appear on the ballot.

On April 21, 2020, the defendant appealed the preliminary injunction to the U.S. Court of Appeals for the Sixth Circuit. The defendant requested that the district court stay enforcement of the preliminary injunction until the Sixth Circuit could rule on the appeal. On April 25, 2020, Judge Berg denied the defendants' motion, finding that the new evidence the defendants presented would not have changed the court's decision to reduce the signature requirement by fifty percent.

On May 5, 2020, the Sixth Circuit granted the motion in part to stay the preliminary injunction. Judges Alice M. Batchelder, Jane B. Stranch, and John K. Bush found that the injunction prohibiting enforcement of the ballot-access initiative was acceptable. However, they found that Judge Berg's remedy--reducing Michigan's signature requirement by 50%, counting electronic signatures, and extending the filing deadline--usurped Michigan's right to conduct its own elections and stayed that portion of the preliminary injunction. Judge Stranch also dissented in part, arguing that only the question of whether the district court could reduce Michigan's signature requirement by 50% was before the court. 2020 WL 2185553.

Shakira Hawkins, a judicial candidate, filed a motion to intervene on May 11 and a motion for TRO and preliminary injunction on May 12. She sought to prevent the defendants from enforcing their March 10 cutoff for forming a candidate committee, claiming that the Sixth Circuit had previously rejected such actions as unconstitutional. Her motion to intervene was granted on May 13.

In a response to the motion for temporary restraining order and preliminary injunction on May 15, the defendants requested that any injunctive relief should be limited to Ms. Hawkins alone.

On May 18, Lynn M. Maison, another judicial candidate, also filed a motion to intervene. As of May 18, three judicial candidates - Matt Savich, Deana Beard, and Shakira Hawkins – have successfully intervened in this action. Armand Velardo, a Macomb County Probate Court Judge candidate, also submitted an amicus brief on May 19 in support of the defendant, claiming that ruling for the plaintiff would allow circumvention of the law requiring timely disclosure, while penalizing others who had followed it.

On May 20, the District Court granted the preliminary injunction, noting that that the exclusion of candidates from the accommodations offered by the State based on the March 10th deadline was not narrowly tailored to accomplish a compelling state interest. They also noted that limiting relief to Ms. Hawkins alone would not be in the public interest as there would be other candidates in substantially the same position, and enjoined the defendants from enforcing its ballot-access provisions. Lynn M. Maison's motion to intervene was also granted. 2020 WL 2556754.

On July 27, Brenda K. Sanders, who was seeking nomination as an Independent Candidate for U.S. Congress, sought to intervene. The court denied the motion on July 30, finding that Sanders sought to extend the filing deadline or decrease the number of requisite signatures for the November 3, 2020 general election ballot, which was a different remedy than the plaintiff's originally sought, which was for the August 4th primary. They further noted that allowing intervention would potentially delay the adjudication of the original parties’ claims.

Michigan adopted a series of accommodations regarding ballot access for the August 4 ballot as per preliminary injunction, including extended filing deadline and reduced signature requirement, and the primary was held as scheduled. In August, the court issued a show-cause order explaining why this case should not be dismissed as moot, given that the focus of the requested relief had now passed. The plaintiff did not submit a response, and the court dismissed the case with prejudice on September 2.

The court noted that the plaintiff-intervenors qualified as "prevailing parties" and were therefore eligible to apply for attorney's fees, since the court had granted their preliminary injunction and granted them relief which allowed them to appear on the ballot.

On September 9, the Sixth Circuit directed the district court to dismiss the case. Back in the district court the plaintiffs sought attorney fees.

On March 30, 2021, the court granted motions for attorneys fees for two of the plaintiff-intervenors and entered a judgment in the amount of $15,423.25 and $8,249.18. The case is now closed.

Summary Authors

Hope Brinn (5/8/2020)

Averyn Lee (9/23/2020)

Caitlin Kierum (4/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17029834/parties/esshaki-v-whitmer/


Judge(s)

Batchelder, Alice Moore (Ohio)

Berg, Terrence George (Michigan)

Bush, John Kenneth (Kentucky)

Stafford, Elizabeth A. (Michigan)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Esshaki, Eric Steven (Michigan)

Rohl, Gregory J (Michigan)

Attorneys(s) for Defendant

Beard, Deana (Michigan)

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Judge(s)

Batchelder, Alice Moore (Ohio)

Berg, Terrence George (Michigan)

Bush, John Kenneth (Kentucky)

Stafford, Elizabeth A. (Michigan)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Esshaki, Eric Steven (Michigan)

Rohl, Gregory J (Michigan)

Attorneys(s) for Defendant

Beard, Deana (Michigan)

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Nessel, Dana M. (Michigan)

Other Attorney(s)

Avers, Robert L (Michigan)

Cafferty, Michael S. (Michigan)

Finley, Daniel P (Michigan)

Kordenbrock, Jean E (Michigan)

Korobkin, Daniel S. (Michigan)

Sahu, Saura James (Michigan)

Spies, Charles R. (District of Columbia)

Steinberg, Michael J. (Michigan)

Velardo, Armand (Michigan)

Expert/Monitor/Master

Malerman, Melissa (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

U. S. Court of Appeals for the Sixth Circuit

July 31, 2020 Docket

Docket [PACER]

Sept. 2, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

March 31, 2020 Complaint
2

Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction

March 31, 2020 Pleading / Motion / Brief
6 & 6-1 & 6-2

Defendants' Response to Plaintiff's Motion for TRO/Preliminary Injunction

April 10, 2020 Pleading / Motion / Brief
11 & 11-1

Emergency Motion to Intervene with Supporting Brief

April 14, 2020 Pleading / Motion / Brief
10

Plaintiff's Reply Brief in Support of Motion for Temporary Restraining Order and/or Preliminary Injunction

April 14, 2020 Pleading / Motion / Brief
18

Intervenor's Complaint for Emergency Declaratory and Injunctive Relief

April 15, 2020 Complaint
23

Order Granting Motion for Preliminary Injunctive

455 F.Supp.3d 367, 2020 WL 1910154

April 20, 2020 Order/Opinion
26 & 26-1 & 26-2

Defendants' Emergency Motion Under Rule 60(B) for Limited Relief from the Court's Order Granting a Preliminary Injunction, or Alternatively for a Stay Pending Emergency Appeal

April 22, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17029834/esshaki-v-whitmer/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Eric Esshaki against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-7713384 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Lenawee. [Previously dismissed case: No] [Possible companion case(s): None] (Rohl, Gregory) (Entered: 03/31/2020)

March 31, 2020 Clearinghouse
1

COMPLAINT filed by Eric Esshaki against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-7713384 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Lenawee. [Previously dismissed case: No] [Possible companion case(s): None] (Rohl, Gregory) (Entered: 03/31/2020)

March 31, 2020 Clearinghouse
2

MOTION for Temporary Restraining Order by Eric Esshaki. (Rohl, Gregory) (Entered: 03/31/2020)

March 31, 2020 Clearinghouse
2

MOTION for Temporary Restraining Order by Eric Esshaki. (Rohl, Gregory) (Entered: 03/31/2020)

March 31, 2020 Clearinghouse
3

SUMMONS Issued for *Jocelyn Benson, Jonathan Brater, Gretchen Whitmer* (SKra) (Entered: 04/01/2020)

April 1, 2020 PACER
3

SUMMONS Issued for *Jocelyn Benson, Jonathan Brater, Gretchen Whitmer* (SKra) (Entered: 04/01/2020)

April 1, 2020 PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

April 1, 2020 PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

April 1, 2020 PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SKra)

April 1, 2020 PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SKra)

April 1, 2020 PACER

Miscellaneous Hearing

April 1, 2020 PACER

Miscellaneous Hearing

April 1, 2020 PACER
4

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 4/1/2020 01:30 PM before District Judge Terrence G. Berg (AChu) (Entered: 04/01/2020)

April 1, 2020 PACER
4

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 4/1/2020 01:30 PM before District Judge Terrence G. Berg (AChu) (Entered: 04/01/2020)

April 1, 2020 PACER

Minute Entry for proceedings before District Judge Terrence G. Berg: Miscellaneous Hearing held on 4/1/2020 (Court Reporter: None Present, Not on the Record) (AChu)

April 1, 2020 PACER

Minute Entry for proceedings before District Judge Terrence G. Berg: Miscellaneous Hearing held on 4/1/2020 (Court Reporter: None Present, Not on the Record) (AChu)

April 1, 2020 PACER
5

ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Jocelyn Benson, Jonathan Brater, Gretchen Whitmer (Meingast, Heather) (Entered: 04/07/2020)

April 7, 2020 PACER
5

ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Jocelyn Benson, Jonathan Brater, Gretchen Whitmer (Meingast, Heather) (Entered: 04/07/2020)

April 7, 2020 PACER
6

RESPONSE to 2 MOTION for Temporary Restraining Order filed by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Chart) (Meingast, Heather) (Entered: 04/10/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit 1. Chart

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April 10, 2020 Clearinghouse
6

RESPONSE to 2 MOTION for Temporary Restraining Order filed by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Chart) (Meingast, Heather) (Entered: 04/10/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit 1. Chart

View on PACER

April 10, 2020 Clearinghouse

~Util - Terminate Motions

April 10, 2020 PACER

~Util - Terminate Motions

April 10, 2020 PACER

Text-Only Order

April 10, 2020 PACER

Text-Only Order

April 10, 2020 PACER
7

MOTION to Intervene for leave to file Amicus Curiae Brief under Fed. R. Civ. P. 29 and 32 by Daniel Finley. (Attachments: # 1 Document Continuation Amicus Curiae Brief, # 2 Exhibit Ex. 1) (Finley, Daniel) (Entered: 04/10/2020)

1 Document Continuation Amicus Curiae Brief

View on PACER

2 Exhibit Ex. 1

View on PACER

April 10, 2020 RECAP
7

MOTION to Intervene for leave to file Amicus Curiae Brief under Fed. R. Civ. P. 29 and 32 by Daniel Finley. (Attachments: # 1 Document Continuation Amicus Curiae Brief, # 2 Exhibit Ex. 1) (Finley, Daniel) (Entered: 04/10/2020)

1 Document Continuation Amicus Curiae Brief

View on PACER

2 Exhibit Ex. 1

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April 10, 2020 RECAP
8

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 4/13/2020 10:30 AM before District Judge Terrence G. Berg (AChu) (Entered: 04/10/2020)

April 10, 2020 PACER
8

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 4/13/2020 10:30 AM before District Judge Terrence G. Berg (AChu) (Entered: 04/10/2020)

April 10, 2020 PACER
9

NOTICE OF HEARING BY VIDEOCONFERENCE on 2 MOTION for Temporary Restraining Order. Reply due by 4/14/2020, Motion Hearing set for 4/15/2020 02:00 PM before District Judge Terrence G. Berg. (AChu) (Entered: 04/10/2020)

April 10, 2020 PACER
9

NOTICE OF HEARING BY VIDEOCONFERENCE on 2 MOTION for Temporary Restraining Order. Reply due by 4/14/2020, Motion Hearing set for 4/15/2020 02:00 PM before District Judge Terrence G. Berg. (AChu) (Entered: 04/10/2020)

April 10, 2020 PACER

TEXT-ONLY ORDER GRANTING 7 MOTION to Intervene. Any amicus curiae brief by movant shall be filed by 4/14/20. Issued by District Judge Terrence G. Berg. (AChu)

April 10, 2020 PACER

TEXT-ONLY ORDER GRANTING 7 MOTION to Intervene. Any amicus curiae brief by movant shall be filed by 4/14/20. Issued by District Judge Terrence G. Berg. (AChu)

April 10, 2020 PACER

Minute Entry for proceedings before District Judge Terrence G. Berg: Miscellaneous Hearing held on 4/13/2020 (Court Reporter: None Present, Not on the Record) (AChu)

April 13, 2020 PACER

Minute Entry for proceedings before District Judge Terrence G. Berg: Miscellaneous Hearing held on 4/13/2020 (Court Reporter: None Present, Not on the Record) (AChu)

April 13, 2020 PACER

Miscellaneous Hearing

April 13, 2020 PACER

Miscellaneous Hearing

April 13, 2020 PACER
10

REPLY to Response re 2 MOTION for Temporary Restraining Order filed by Eric Esshaki. (Rohl, Gregory) (Entered: 04/14/2020)

April 14, 2020 Clearinghouse
10

REPLY to Response re 2 MOTION for Temporary Restraining Order filed by Eric Esshaki. (Rohl, Gregory) (Entered: 04/14/2020)

April 14, 2020 Clearinghouse
11

MOTION to Intervene by Matt Savich. (Attachments: # 1 Exhibit Proposed Intervening Complaint) (Cafferty, Michael) (Entered: 04/14/2020)

1 Exhibit Proposed Intervening Complaint

View on PACER

April 14, 2020 Clearinghouse
11

MOTION to Intervene by Matt Savich. (Attachments: # 1 Exhibit Proposed Intervening Complaint) (Cafferty, Michael) (Entered: 04/14/2020)

1 Exhibit Proposed Intervening Complaint

View on PACER

April 14, 2020 Clearinghouse
12

ATTORNEY APPEARANCE: Daniel P. Finley appearing on behalf of Daniel Finley Amicus Curiae (Finley, Daniel) (Entered: 04/14/2020)

April 14, 2020 PACER
12

ATTORNEY APPEARANCE: Daniel P. Finley appearing on behalf of Daniel Finley Amicus Curiae (Finley, Daniel) (Entered: 04/14/2020)

April 14, 2020 PACER
13

Amicus Curiae BRIEF by Daniel Finley (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Finley, Daniel) (Entered: 04/14/2020)

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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April 14, 2020 PACER
13

Amicus Curiae BRIEF by Daniel Finley (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Finley, Daniel) (Entered: 04/14/2020)

1 Index of Exhibits

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

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4 Exhibit 3

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April 14, 2020 PACER
14

MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union of Michigan. (Korobkin, Daniel) (Entered: 04/14/2020)

April 14, 2020 PACER
14

MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union of Michigan. (Korobkin, Daniel) (Entered: 04/14/2020)

April 14, 2020 PACER
15

Amicus Curiae BRIEF by American Civil Liberties Union of Michigan (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Bannister Declaration, # 3 Exhibit B - Faulkner for Virginia v. Virginia Department of Elections) (Korobkin, Daniel) (Entered: 04/14/2020)

1 Index of Exhibits

View on PACER

2 Exhibit A - Bannister Declaration

View on PACER

3 Exhibit B - Faulkner for Virginia v. Virginia Department of Elections

View on PACER

April 14, 2020 RECAP
15

Amicus Curiae BRIEF by American Civil Liberties Union of Michigan (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Bannister Declaration, # 3 Exhibit B - Faulkner for Virginia v. Virginia Department of Elections) (Korobkin, Daniel) (Entered: 04/14/2020)

1 Index of Exhibits

View on PACER

2 Exhibit A - Bannister Declaration

View on PACER

3 Exhibit B - Faulkner for Virginia v. Virginia Department of Elections

View on PACER

April 14, 2020 RECAP
16

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union of Michigan. (Steinberg, Michael) (Entered: 04/15/2020)

April 15, 2020 PACER
16

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union of Michigan. (Steinberg, Michael) (Entered: 04/15/2020)

April 15, 2020 PACER

Motion Hearing

April 15, 2020 PACER

Motion Hearing

April 15, 2020 PACER
17

EMERGENCY MOTION for Joinder and/or Motion for Leave to File Amicus Curiae Brief by Deana Beard. (AChu) (Entered: 04/15/2020)

April 15, 2020 PACER
17

EMERGENCY MOTION for Joinder and/or Motion for Leave to File Amicus Curiae Brief by Deana Beard. (AChu) (Entered: 04/15/2020)

April 15, 2020 PACER
18

Intervenor's Complaint for Emergency Declaratory and Injunctive Relief by Kyle Kopitke. (AChu) (Entered: 04/15/2020)

April 15, 2020 Clearinghouse
18

Intervenor's Complaint for Emergency Declaratory and Injunctive Relief by Kyle Kopitke. (AChu) (Entered: 04/15/2020)

April 15, 2020 Clearinghouse
19

NOTICE of Appearance by Jean E. Kordenbrock on behalf of Whittney Williams. (Kordenbrock, Jean) (Entered: 04/15/2020)

April 15, 2020 PACER
19

NOTICE of Appearance by Jean E. Kordenbrock on behalf of Whittney Williams. (Kordenbrock, Jean) (Entered: 04/15/2020)

April 15, 2020 PACER
20

MOTION for Leave to File an Amicus Curiae Brief by Whittney Williams. (Kordenbrock, Jean) (Entered: 04/15/2020)

April 15, 2020 RECAP
20

MOTION for Leave to File an Amicus Curiae Brief by Whittney Williams. (Kordenbrock, Jean) (Entered: 04/15/2020)

April 15, 2020 RECAP
21

Amicus Curiae BRIEF by Whittney Williams (Kordenbrock, Jean) (Entered: 04/15/2020)

April 15, 2020 PACER
21

Amicus Curiae BRIEF by Whittney Williams (Kordenbrock, Jean) (Entered: 04/15/2020)

April 15, 2020 PACER

Minute Entry for proceedings before District Judge Terrence G. Berg: Motion Hearing held on 4/15/2020 re 2 MOTION for Temporary Restraining Order filed by Eric Esshaki. Disposition: Motion taken under advisement. (Court Reporter: Linda Cavanagh) (AChu)

April 15, 2020 PACER

Minute Entry for proceedings before District Judge Terrence G. Berg: Motion Hearing held on 4/15/2020 re 2 MOTION for Temporary Restraining Order filed by Eric Esshaki. Disposition: Motion taken under advisement. (Court Reporter: Linda Cavanagh) (AChu)

April 15, 2020 PACER
22

ORDER GRANTING Motions to File Amicus Curiae Briefs; GRANTING AND DENYING Motions to Intervene. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 04/20/2020)

April 20, 2020 RECAP
22

ORDER GRANTING Motions to File Amicus Curiae Briefs; GRANTING AND DENYING Motions to Intervene. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 04/20/2020)

April 20, 2020 RECAP
23

ORDER GRANTING 2 Motion for Preliminary Injunction. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 04/20/2020)

April 20, 2020 Clearinghouse
23

ORDER GRANTING 2 Motion for Preliminary Injunction. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 04/20/2020)

April 20, 2020 Clearinghouse
24

NOTICE OF APPEAL by Jocelyn Benson, Gretchen Whitmer, Jonathan Brater re 23 Order on Motion for TRO. Receipt No: AMIEDC-7753388 - Fee: $ 505 - Fee Status: Fee Paid. (Meingast, Heather) (Entered: 04/21/2020)

April 21, 2020 PACER
24

NOTICE OF APPEAL by Jocelyn Benson, Gretchen Whitmer, Jonathan Brater re 23 Order on Motion for TRO. Receipt No: AMIEDC-7753388 - Fee: $ 505 - Fee Status: Fee Paid. (Meingast, Heather) (Entered: 04/21/2020)

April 21, 2020 PACER
25

Certificate of Service re 24 Notice of Appeal. (SKra) (Entered: 04/21/2020)

April 21, 2020 PACER
25

Certificate of Service re 24 Notice of Appeal. (SKra) (Entered: 04/21/2020)

April 21, 2020 PACER
26

Emergency MOTION Motion Under Rule 60(B) for Limited Relief from the Court's Order Granting a Preliminary Injunction, or Alternatively for a Stay Pending Emergency Appeal re 23 Order on Motion for TRO by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Melissa Malerman) (Meingast, Heather) (Entered: 04/22/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Declaration of Melissa Malerman

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April 22, 2020 Clearinghouse
26

Emergency MOTION Motion Under Rule 60(B) for Limited Relief from the Court's Order Granting a Preliminary Injunction, or Alternatively for a Stay Pending Emergency Appeal re 23 Order on Motion for TRO by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Melissa Malerman) (Meingast, Heather) (Entered: 04/22/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Declaration of Melissa Malerman

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April 22, 2020 Clearinghouse

~Util - Terminate Motions

April 22, 2020 PACER

~Util - Terminate Motions

April 22, 2020 PACER

Text-Only Order

April 22, 2020 PACER

Text-Only Order

April 22, 2020 PACER
27

Ex Parte MOTION for Leave to File Excess Pages for Defendants' Brief in Support of Emergency Motion under Rule 60(B) for Limited Relief from the Court's Order Granting a Preliminary Injunction, or Alternatively for a Stay Pending Emergency Appeal by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Meingast, Heather) (Entered: 04/22/2020)

April 22, 2020 Clearinghouse
27

Ex Parte MOTION for Leave to File Excess Pages for Defendants' Brief in Support of Emergency Motion under Rule 60(B) for Limited Relief from the Court's Order Granting a Preliminary Injunction, or Alternatively for a Stay Pending Emergency Appeal by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Meingast, Heather) (Entered: 04/22/2020)

April 22, 2020 Clearinghouse

TEXT-ONLY ORDER GRANTING 27 Ex Parte MOTION for Leave to File Excess Pages. Issued by District Judge Terrence G. Berg. (AChu)

April 22, 2020 PACER

TEXT-ONLY ORDER GRANTING 27 Ex Parte MOTION for Leave to File Excess Pages. Issued by District Judge Terrence G. Berg. (AChu)

April 22, 2020 PACER
28

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 4/23/2020 11:00 AM before District Judge Terrence G. Berg (AChu) (Entered: 04/22/2020)

April 22, 2020 PACER
28

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 4/23/2020 11:00 AM before District Judge Terrence G. Berg (AChu) (Entered: 04/22/2020)

April 22, 2020 PACER
29

AMENDED NOTICE OF HEARING: Miscellaneous Hearing set for 4/23/2020 11:00 AM before District Judge Terrence G. Berg. (AChu) (Entered: 04/22/2020)

April 22, 2020 PACER
29

AMENDED NOTICE OF HEARING: Miscellaneous Hearing set for 4/23/2020 11:00 AM before District Judge Terrence G. Berg. (AChu) (Entered: 04/22/2020)

April 22, 2020 PACER
30

ATTORNEY APPEARANCE: Eric Steven Esshaki appearing on behalf of Eric Esshaki (Esshaki, Eric) (Entered: 04/23/2020)

April 23, 2020 RECAP
30

ATTORNEY APPEARANCE: Eric Steven Esshaki appearing on behalf of Eric Esshaki (Esshaki, Eric) (Entered: 04/23/2020)

April 23, 2020 RECAP

Miscellaneous Hearing

April 23, 2020 PACER

Miscellaneous Hearing

April 23, 2020 PACER
31

DECLARATION by Matt Savich filed by Matt Savich (Cafferty, Michael) (Entered: 04/23/2020)

April 23, 2020 RECAP
31

DECLARATION by Matt Savich filed by Matt Savich (Cafferty, Michael) (Entered: 04/23/2020)

April 23, 2020 RECAP

Minute Entry for proceedings before District Judge Terrence G. Berg: Miscellaneous Hearing held on 4/23/2020 (Court Reporter: Linda Cavanagh) (AChu)

April 23, 2020 PACER

Minute Entry for proceedings before District Judge Terrence G. Berg: Miscellaneous Hearing held on 4/23/2020 (Court Reporter: Linda Cavanagh) (AChu)

April 23, 2020 PACER
32

TRANSCRIPT of Motion for Temporary Restraining Order held on 04/15/2020. (Court Reporter/Transcriber: Linda M. Cavanagh) (Number of Pages: 45) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/15/2020. Redacted Transcript Deadline set for 5/26/2020. Release of Transcript Restriction set for 7/23/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Cavanagh, Linda) (Entered: 04/24/2020)

April 24, 2020 PACER
32

TRANSCRIPT of Motion for Temporary Restraining Order held on 04/15/2020. (Court Reporter/Transcriber: Linda M. Cavanagh) (Number of Pages: 45) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/15/2020. Redacted Transcript Deadline set for 5/26/2020. Release of Transcript Restriction set for 7/23/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Cavanagh, Linda) (Entered: 04/24/2020)

April 24, 2020 PACER
33

DECLARATION filed by Eric Esshaki (Rohl, Gregory) (Entered: 04/24/2020)

April 24, 2020 RECAP
33

DECLARATION filed by Eric Esshaki (Rohl, Gregory) (Entered: 04/24/2020)

April 24, 2020 RECAP
34

SUPPLEMENTAL BRIEF re 26 Emergency MOTION Motion Under Rule 60(B) for Limited Relief from the Court's Order Granting a Preliminary Injunction, or Alternatively for a Stay Pending Emergency Appeal re 23 Order on Motion for TRO filed by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Melissa Malerman) (Meingast, Heather) (Entered: 04/24/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit A. Declaration of Melissa Malerman

View on PACER

April 24, 2020 Clearinghouse
34

SUPPLEMENTAL BRIEF re 26 Emergency MOTION Motion Under Rule 60(B) for Limited Relief from the Court's Order Granting a Preliminary Injunction, or Alternatively for a Stay Pending Emergency Appeal re 23 Order on Motion for TRO filed by Jocelyn Benson, Jonathan Brater, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Melissa Malerman) (Meingast, Heather) (Entered: 04/24/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit A. Declaration of Melissa Malerman

View on PACER

April 24, 2020 Clearinghouse

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 31, 2020

Closing Date: Sept. 2, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Michigan resident campaigning for Congress in Michigan's 11th Congressional District.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Michigan, State

Secretary of State of Michigan, State

Director of the Michigan Bureau of Elections , State

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):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 23672.43

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Voting

COVID-19:

Mitigation Granted

Mitigation Requested

Voting:

Candidate qualifications