Case: Beemer v. Whitmer

1:20-cv-00323 | U.S. District Court for the Western District of Michigan

Filed Date: April 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Three residents of Michigan sued Governor Whitmer, challenging that an Executive Order issued to combat the spread of COVID-19, which required residents to stay home and suspend non-essential activity and business, violated their Equal Protection, Due Process, and First and Second Amendment constitutional rights. On April 24, the defendant issued an executive order permitting the activities that the plaintiffs alleged were unconstitutionally prohibited. The motion for prelimin…

COVID-19 Summary: Three residents of Michigan sued Governor Whitmer, challenging that an Executive Order issued to combat the spread of COVID-19, which required residents to stay home and suspend non-essential activity and business, violated their Equal Protection, Due Process, and First and Second Amendment constitutional rights. On April 24, the defendant issued an executive order permitting the activities that the plaintiffs alleged were unconstitutionally prohibited. The motion for preliminary injunction was dismissed as moot, however, the plaintiffs filed an amended motion on April 28.


On April 15, 2020, three Michigan residents, two owning cottages in the state and one owning a landscaping business, filed this complaint in the United States District Court for the Western District of Michigan. The plaintiffs sued the Governor of the State of Michigan and three county prosecuting attorneys, in their official capacities, under 42 U.S.C. § 1983 and Michigan state law. The plaintiffs, represented by the American Freedom Law Center, challenged Michigan's Executive Order 2020-42, which ordered all people in Michigan to stay home and suspended activities deemed unnecessary to sustain or protect life. The plaintiffs sought relief declaring that the enactment and enforcement of Executive Order 2020-42 violated "their fundamental liberties and rights secured by the United States and Michigan Constitutions and an order enjoining the same." The plaintiffs also sought attorneys' fees and costs. The case was assigned to Judge Paul L. Maloney.

On April 9, 2020, Executive Order 2020-42 was enacted in response to the outbreak of COVID-19 in Michigan; as of April 8, Michigan reported 20,346 confirmed cases of COVID-19 and 959 deaths from it. The order directed all Michigan residents to stay home, subject to exceptions for exercise and obtaining services or supplies, prohibited "all public and private gatherings of any number of people occurring among persons not part of a single household," and required that "no person or entity shall operate a business or conduct operations that require workers to leave their homes or places of residence except to the extent that those workers are necessary to sustain or protect life or to conduct minimum basic operations." The order was put in place with the goal of suppressing the spread of COVID-19, preventing the state's health care system from being overwhelmed, and allowing time for the production of test kits, ventilators, and personal protective equipment. It was set to stay in effect until April 30, 2020.

The plaintiffs claimed that the Executive Order violated the Equal Protection Clause of the Fourteenth Amendment, arguing it lacked any rational basis and deprived plaintiffs of their "fundamental rights and freedom," such as the right to travel to their cottages, conduct landscaping business, and travel to purchase ammunition, "yet the order provides exceptions for other activity and conduct that is similar in its impact and effects." Moreover, the plaintiffs asserted that the Executive Order violated their right to Due Process under the Fourteenth Amendment, as it deprived plaintiffs of "the use and enjoyment of their property without due process" and because "it broadly prohibits Plaintiffs . . . from traveling through public spaces and roadways to their cottages, and yet the executive order permits other travel with the same impact and effect of Plaintiffs’ forbidden travel." Furthermore, the plaintiffs asserted that the Executive Order violated their "right to contract without government interference," their right to keep and bear arms, and their right to "associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends."

On April 20, the plaintiffs sought a motion for temporary restraining order and preliminary injunction, and asked for an order temporarily enjoining enforcement of Executive Order 2020-42 pending a hearing on whether a preliminary injunction should issue.

On April 24, 2020, the defendant issued Executive Order 2020-59, which permits: individuals to travel between their own residences and cottages within the State of Michigan, the operation of landscaping businesses within the State of Michigan, outdoor activities that include using boats with motors for recreational purposes, the sale of guns from any store via remote order and curbside pick-up, and the sale of guns in-store from stores that sell necessary supplies as well as guns in their normal course of business, and exempts from penalty religious gatherings at private residences.

On April 26, the plaintiffs stated that the requested relief is no longer necessary because the stipulation rendered the TRO and PI motion is moot. The next day, the court dismissed the plaintiff's motion for preliminary injunction.

On April 28, the plaintiff filed an amended complaint, claiming that while stipulation remedied the immediate harm, it did not resolve the constitutional issues presented. The defendants filed a motion to dismiss on May 20, arguing that the plaintiffs' claims had become moot due to the series of executive orders that permitted the activities that the amended complaint alleged were prohibited. They further argued that the State had the broad authority to implement emergency measures during an emergency. The motion to dismiss was amended on May 21.

The plaintiffs responded on June 15, opposing the motion to dismiss by arguing that the court had jurisdiction and that they had stated viable constitutional claims. The defendants responded on June 29.

On September 30, 2021, the court granted the motion to dismiss as to one of the prosecuting attorneys, stating that the plaintiffs had not alleged sufficient facts to establish standing as to the prosecuting attorney.

Summary Authors

Aaron Gurley (4/18/2020)

Averyn Lee (7/2/2020)

Chandler Hart-McGonigle (11/2/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17070396/parties/beemer-v-whitmer/


Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Attorneys(s) for Plaintiff

Muise, Robert J. (Michigan)

Yerushalmi, David (District of Columbia)

Attorneys(s) for Defendant

Allen, Christopher M. (Michigan)

Beindit, Thomas David (Michigan)

Booth, Joshua O. (Michigan)

Brege, Andrew James (Michigan)

Bryant, Joel C. (Michigan)

Fedynsky, John G. (Michigan)

Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Attorneys(s) for Plaintiff

Muise, Robert J. (Michigan)

Yerushalmi, David (District of Columbia)

Attorneys(s) for Defendant

Allen, Christopher M. (Michigan)

Beindit, Thomas David (Michigan)

Booth, Joshua O. (Michigan)

Brege, Andrew James (Michigan)

Bryant, Joel C. (Michigan)

Fedynsky, John G. (Michigan)

Froehlich, Joseph T. (Michigan)

Mithani, Sonal H. (Michigan)

Nessel, Dana M. (Michigan)

Seward, T. Joseph (Michigan)

Documents in the Clearinghouse

Document

1:20-cv-00323

Docket [PACER]

Sept. 30, 2021

Sept. 30, 2021

Docket
1, 1-1

1:20-cv-00323

Complaint

U.S. District Court for the Eastern District of Michigan

April 15, 2020

April 15, 2020

Complaint
7, 8 (& 8-1 to 8-4)

1:20-cv-00323

Plaintiffs' Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
10 (& 10-1 to 10-11)

1:20-cv-00323

Defendant Whitmer's Response to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

April 23, 2020

April 23, 2020

Pleading / Motion / Brief
19 to 19-1

1:20-cv-00323

Defendant Telgenhof's Response to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
18 (& 18-1 to 18-7)

1:20-cv-00323

Defendant William J. Vailliencourt Jr.'s Response to Plaintiff's Motion for Temporary Restraining Order

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
24

1:20-cv-00323

Stipulated Order Resolving Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

April 26, 2020

April 26, 2020

Order/Opinion
25 (& 25-1 to 25-3)

1:20-cv-00323

First Amended Complaint

April 28, 2020

April 28, 2020

Complaint
34 (& 34-1 to 34-7)

1:20-cv-00323

Defendant Brian L. Mackie's Motion to Dismiss the First Amended Complaint

May 20, 2020

May 20, 2020

Pleading / Motion / Brief
31, 32 (& 32-1 to 32-18)

1:20-cv-00323

Defendant Whitmer's Motion to Dismiss

May 20, 2020

May 20, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17070396/beemer-v-whitmer/

Last updated Aug. 16, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Kimberly Beemer, Robert Muise, Paul Cavanaugh (Attachments: # 1 Exhibit 1 - Executive Order 2020-42) (Muise, Robert) (Entered: 04/15/2020)

1 Exhibit 1 - Executive Order 2020-42

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April 15, 2020

April 15, 2020

RECAP

Filing Fee (Civil Case) - Credit Card Payment

April 15, 2020

April 15, 2020

PACER

FILING FEE PAID re 1 by plaintiffs Kimberly Beemer, Paul Cavanaugh, Robert Muise in the amount of $400, receipt number AMIWDC-5134918 (Muise, Robert)

April 15, 2020

April 15, 2020

PACER
2

PROPOSED SUMMONS to be issued re 1 (Muise, Robert) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
3

NOTICE that this case has been assigned Paul L. Maloney (pjw) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
4

SUMMONS ISSUED as to defendants Brian L. Mackie, Allen Telgenhof, William J. Vailliencourt, Jr, Gretchen Whitmer (pjw) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
5

SUMMONS returned executed; Gretchen Whitmer served on 4/16/2020, answer due 5/7/2020 (Muise, Robert) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendant Gretchen Whitmer (Froehlich, Joseph)

April 16, 2020

April 16, 2020

PACER

Attorney Appearance

April 16, 2020

April 16, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendant Gretchen Whitmer (Allen, Christopher)

April 16, 2020

April 16, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendant Gretchen Whitmer (Fedynsky, John)

April 17, 2020

April 17, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendant Gretchen Whitmer (Booth, Joshua)

April 17, 2020

April 17, 2020

PACER

Attorney Appearance

April 17, 2020

April 17, 2020

PACER
6

ADMINISTRATIVE ORDER 20-CA-033 regarding the assignment of cognate cases to Paul L. Maloney pursuant to Local Civil Rule 3.3.2(c) ; signed by Chief Judge Robert J. Jonker (kvt) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP
7

MOTION for temporary restraining order Expedited Consideration Requested by plaintiffs Kimberly Beemer, Paul Cavanaugh, Robert Muise; (Muise, Robert) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP
8

BRIEF in support of MOTION for temporary restraining order Expedited Consideration Requested 7 with certificate of compliance and certificate of service filed by Kimberly Beemer, Paul Cavanaugh, Robert Muise (Attachments: # 1 Exhibit 1 - Declaration of Plaintiff Beemer, # 2 Exhibit 2 - Declaration of Plaintiff Cavanaugh, # 3 Exhibit 3 - Declaration of Plaintiff Muise, # 4 Proposed Order) (Muise, Robert) Modified text on 4/21/2020. (kw) (Entered: 04/20/2020)

1 Exhibit 1 - Declaration of Plaintiff Beemer

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2 Exhibit 2 - Declaration of Plaintiff Cavanaugh

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3 Exhibit 3 - Declaration of Plaintiff Muise

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4 Proposed Order

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April 20, 2020

April 20, 2020

PACER
9

SUMMONS returned executed; William J. Vailliencourt, Jr served on 4/21/2020, answer due 5/12/2020 (Muise, Robert) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

Attorney Appearance

April 22, 2020

April 22, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of T. Joseph Seward on behalf of defendant William J. Vailliencourt, Jr (Seward, T.)

April 22, 2020

April 22, 2020

PACER
10

RESPONSE TO MOTION for temporary restraining order Expedited Consideration Requested 7 filed by Gretchen Whitmer (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Froehlich, Joseph) (Entered: 04/23/2020)

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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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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April 23, 2020

April 23, 2020

Clearinghouse
11

CERTIFICATE of compliance re word count for Response to Motion, 10 filed by Gretchen Whitmer (Froehlich, Joseph) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
12

SUMMONS returned executed; Allen Telgenhof served on 4/23/2020, answer due 5/14/2020 (Muise, Robert) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Attorney Appearance

April 23, 2020

April 23, 2020

PACER
13

SUMMONS returned executed; Brian L. Mackie served on 4/23/2020, answer due 5/14/2020 (Muise, Robert) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
14

ORDER regarding response to Motion for TRO 7 ; responses due by 12:00 p.m. (noon) on 4/24/2020; reply due by 12:00 p.m. (noon) on 4/27/2020; hearing on motion for preliminary injunction set for 4/30/2020 at 10:00 a.m. in Grand Rapids, Michigan; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
15

ORDER SCHEDULING HEARING regarding MOTION for temporary restraining order 7 : motion hearing is set for 4/30/2020 at 10:00 AM at 601 Federal Building, Grand Rapids, MI before District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Sonal H. Mithani on behalf of defendant Brian L. Mackie (Mithani, Sonal)

April 23, 2020

April 23, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joel C. Bryant on behalf of defendant Brian L. Mackie (Bryant, Joel)

April 23, 2020

April 23, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew James Brege on behalf of defendant Allen Telgenhof (Brege, Andrew)

April 23, 2020

April 23, 2020

PACER
16

NOTICE and Order regarding status conference set for 4/24/2020 at 04:00 PM at by video before Magistrate Judge Phillip J. Green (ald) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
17

RESPONSE in opposition to MOTION for temporary restraining order Expedited Consideration Requested 7 filed by Brian L. Mackie (Mithani, Sonal) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Attorney Appearance

April 24, 2020

April 24, 2020

PACER
18

RESPONSE TO MOTION for temporary restraining order with Brief in Support Expedited Consideration Requested 7 filed by William J. Vailliencourt, Jr (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - April 16, 2020 Statement re Whitmer Federal Lawsuit, # 3 Exhibit 2 - April 17, 2020 WHMI Article, # 4 Exhibit 3 - April 2, 2020 Tweet, # 5 Exhibit 4 - April 14, 2020 Cease and Desist Letter, # 6 Exhibit 5 - April 16, 2020 Cease and Desist Letter, # 7 Exhibit 6 - Hoover v Michigan Department of Licensing and Regulatory Affairs) (Seward, T.) Modified text on 4/24/2020 (pjw). (Entered: 04/24/2020)

1 Index of Exhibits

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2 Exhibit 1 - April 16, 2020 Statement re Whitmer Federal Lawsuit

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3 Exhibit 2 - April 17, 2020 WHMI Article

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4 Exhibit 3 - April 2, 2020 Tweet

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5 Exhibit 4 - April 14, 2020 Cease and Desist Letter

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6 Exhibit 5 - April 16, 2020 Cease and Desist Letter

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7 Exhibit 6 - Hoover v Michigan Department of Licensing and Regulatory Affairs

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April 24, 2020

April 24, 2020

Clearinghouse
19

RESPONSE TO MOTION for temporary restraining order Expedited Consideration Requested 7 filed by Allen Telgenhof (Attachments: # 1 Exhibit 1 - Lawsuit Statement) (Brege, Andrew) Modified text on 4/24/2020 (pjw). (Entered: 04/24/2020)

1 Exhibit 1 - Lawsuit Statement

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April 24, 2020

April 24, 2020

Clearinghouse
20

EXHIBIT re 19 Index of Unpublished Authority to Defendant Telgenhofs Response to Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction by defendant Allen Telgenhof (Attachments: # 1 Exhibit 1 - McNeil v Community Probation Services, LLC, # 2 Exhibit 2 - Hoover v MI Department of Licensing & Regulatory Affairs) (Brege, Andrew) (Entered: 04/24/2020)

1 Exhibit 1 - McNeil v Community Probation Services, LLC

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2 Exhibit 2 - Hoover v MI Department of Licensing & Regulatory Affairs

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April 24, 2020

April 24, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Thomas David Beindit on behalf of defendant Allen Telgenhof (Beindit, Thomas)

April 24, 2020

April 24, 2020

PACER
21

MINUTES held before Magistrate Judge Phillip J. Green of videostatus conference regarding ECF No. 7; parties to work on possiblestipulation; if not possible status conference will be rescheduled; plaintiffs' reply to motion now due by noon on Tuesday, April 28, 2020; order to issue (Proceedings Digitally Recorded) (ald) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
22

ORDER re 14 7 Extending Reply Brief Deadline; signed by Magistrate Judge Phillip J. Green (ald) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
23

PROPOSED STIPULATION and ORDER Resolving Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by plaintiffs Kimberly Beemer, Paul Cavanaugh, Robert Muise (Muise, Robert) (Entered: 04/26/2020)

April 26, 2020

April 26, 2020

PACER
24

STIPULATION AND ORDER; plaintiff's motion for preliminary injunction 7 is dismissed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

Clearinghouse
25

FIRST AMENDED COMPLAINT against Brian L. Mackie, Gretchen Whitmer filed by Kimberly Beemer, Robert Muise (Attachments: # 1 Exhibit 1 - Executive Order 2020-42, # 2 Exhibit 2 - Executive Order 2020-59, # 3 Summons for new party - Defendant Dana Nessel) (Muise, Robert) (Entered: 04/28/2020)

1 Exhibit 1 - Executive Order 2020-42

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2 Exhibit 2 - Executive Order 2020-59

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3 Summons for new party - Defendant Dana Nessel

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April 28, 2020

April 28, 2020

Clearinghouse
26

NOTICE OF VOLUNTARY DISMISSAL re Paul Cavanaugh pursuant to Rule 41(a)(1)(A) as to original Complaint (Doc. No. 1) filed by plaintiff Paul Cavanaugh (Muise, Robert) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Summons Not Issued

April 29, 2020

April 29, 2020

PACER

(DISREGARD) SUMMONS NOT ISSUED as to defendant Dana Nessel (none provided) (pjw) Modified text on 4/29/2020; incorrectly entered (pjw).

April 29, 2020

April 29, 2020

PACER
27

SUMMONS ISSUED as to defendant Dana Nessel (pjw) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
28

SUMMONS returned executed; Dana Nessel served on 4/29/2020, answer due 5/20/2020 (Muise, Robert) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendant Dana Nessel (Froehlich, Joseph)

April 30, 2020

April 30, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendant Dana Nessel (Allen, Christopher)

April 30, 2020

April 30, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendant Dana Nessel (Booth, Joshua)

April 30, 2020

April 30, 2020

PACER

Attorney Appearance

April 30, 2020

April 30, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendant Dana Nessel (Fedynsky, John)

April 30, 2020

April 30, 2020

PACER
29

PROPOSED STIPULATION and ORDER Setting Time for Defendants to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint by defendant Brian L. Mackie (Bryant, Joel) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
30

STIPULATION AND ORDER; deadline for defendants to answer or otherwise respond to amended complaint is 5/20/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
31

MOTION to dismiss with Certificate of Service by defendant Gretchen Whitmer; (Froehlich, Joseph) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
32

BRIEF in support of MOTION to dismiss with Certificate of Service 31 filed by Gretchen Whitmer (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R) (Froehlich, Joseph) (Entered: 05/20/2020)

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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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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May 20, 2020

May 20, 2020

PACER
33

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 32 with Certificate of Service filed by Gretchen Whitmer (Froehlich, Joseph) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
34

MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction with Brief in Support by defendant Brian L. Mackie; (Attachments: # 1 Index, # 2 Exhibit A. Executive Order 2020-4, # 3 Exhibit B. Executive Order 2020-5, # 4 Exhibit C. Executive Order 2020-9, # 5 Exhibit D. Executive Order 2020-11, # 6 Exhibit E. Executive Order 2020-21, # 7 Exhibit F. Martinko v. Whitmer, No. 20-00062-MM, Michigan Court of Claims) (Mithani, Sonal) Modified text on 5/21/2020 (pjw). (Entered: 05/20/2020)

1 Index

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2 Exhibit A. Executive Order 2020-4

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3 Exhibit B. Executive Order 2020-5

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4 Exhibit C. Executive Order 2020-9

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5 Exhibit D. Executive Order 2020-11

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6 Exhibit E. Executive Order 2020-21

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7 Exhibit F. Martinko v. Whitmer, No. 20-00062-MM, Michigan Court of Claims

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May 20, 2020

May 20, 2020

Clearinghouse
35

AMENDED MOTION to dismiss with Certificate of Service by defendants Dana Nessel, Gretchen Whitmer; (Froehlich, Joseph) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
36

BRIEF in support of AMENDED MOTION to dismiss with Certificate of Service 35 filed by Dana Nessel, Gretchen Whitmer (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R) (Froehlich, Joseph) (Entered: 05/21/2020)

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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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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May 21, 2020

May 21, 2020

PACER
37

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 36 filed by Dana Nessel, Gretchen Whitmer (Froehlich, Joseph) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
38

PROPOSED STIPULATION and ORDER to Permit Plaintiffs to File Single Brief in Response to Defendants' Motions to Dismiss by plaintiffs Kimberly Beemer, Robert Muise (Muise, Robert) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
39

STIPULATION AND ORDER allowing plaintiffs to file a single response brief not to exceed 12,000 words due 6/17/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
40

RESPONSE in opposition to MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 34, AMENDED MOTION to dismiss with Certificate of Service 35 filed by Kimberly Beemer, Robert Muise (Attachments: # 1 Exhibit 1 - Declaration of Robert J. Muise, # 2 Exhibit 2 - Declaration of Gabriella Korkes) (Muise, Robert) (Entered: 06/15/2020)

1 Exhibit 1 - Declaration of Robert J. Muise

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2 Exhibit 2 - Declaration of Gabriella Korkes

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June 15, 2020

June 15, 2020

Clearinghouse
41

MOTION for leave to file Defendants' Reply Brief in Excess of Word Count by defendants Dana Nessel, Gretchen Whitmer; (Attachments: # 1 Attachment Reply Brief, # 2 Attachment Exhibit A to Defendants Whitmer and Nessel's Reply Brief, # 3 Attachment Exhibit B to Defendants Whitmer and Nessel's Reply Brief, # 4 Attachment Exhibit C to Defendants Whitmer and Nessel's Reply Brief, # 5 Attachment Exhibit D to Defendants Whitmer and Nessel's Reply Brief, # 6 Attachment Exhibit E to Defendants Whitmer and Nessel's Reply Brief, # 7 Attachment Exhibit F to Defendants Whitmer and Nessel's Reply Brief, # 8 Attachment Exhibit G to Defendants Whitmer and Nessel's Reply Brief, # 9 Attachment Exhibit H to Defendants Whitmer and Nessel's Reply Brief, # 10 Attachment Exhibit I to Defendants Whitmer and Nessel's Reply Brief, # 11 Attachment Exhibit J to Defendants Whitmer and Nessel's Reply Brief, # 12 Attachment Exhibit K to Defendants Whitmer and Nessel's Reply Brief, # 13 Attachment Exhibit L to Defendants Whitmer and Nessel's Reply Brief) (Froehlich, Joseph) (Entered: 06/29/2020)

1 Attachment Reply Brief

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2 Attachment Exhibit A to Defendants Whitmer and Nessel's Reply Brief

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3 Attachment Exhibit B to Defendants Whitmer and Nessel's Reply Brief

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4 Attachment Exhibit C to Defendants Whitmer and Nessel's Reply Brief

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5 Attachment Exhibit D to Defendants Whitmer and Nessel's Reply Brief

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6 Attachment Exhibit E to Defendants Whitmer and Nessel's Reply Brief

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7 Attachment Exhibit F to Defendants Whitmer and Nessel's Reply Brief

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8 Attachment Exhibit G to Defendants Whitmer and Nessel's Reply Brief

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9 Attachment Exhibit H to Defendants Whitmer and Nessel's Reply Brief

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10 Attachment Exhibit I to Defendants Whitmer and Nessel's Reply Brief

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11 Attachment Exhibit J to Defendants Whitmer and Nessel's Reply Brief

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12 Attachment Exhibit K to Defendants Whitmer and Nessel's Reply Brief

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13 Attachment Exhibit L to Defendants Whitmer and Nessel's Reply Brief

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June 29, 2020

June 29, 2020

PACER
42

REPLY to response to motion 34 filed by Brian L. Mackie (Attachments: # 1 Exhibit A. Exec. Order 2020-127 (June 18, 2020)) (Mithani, Sonal) (Entered: 06/29/2020)

1 Exhibit A. Exec. Order 2020-127 (June 18, 2020)

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June 29, 2020

June 29, 2020

PACER
43

ORDER granting 41 motion for leave to file excess pages/exceed word limit; the Clerk of Court shall accept the proposed document for filing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
44

REPLY to response to motion 35 filed by Dana Nessel, Gretchen Whitmer (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (pjw) (Entered: 07/01/2020)

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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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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June 30, 2020

June 30, 2020

Clearinghouse
45

ADMINISTRATIVE ORDER No. 20-CA-087 regarding the reassignment of cognate case 1:20-cv-1104; signed by Chief Judge Robert J. Jonker (ndj) Modified text on 11/19/2020 (ndj). (Entered: 11/19/2020)

Nov. 18, 2020

Nov. 18, 2020

RECAP
46

ORDER granting 34 motion to dismiss ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

Clearinghouse
47

ORDER dismissing 35 motion to dismiss and dismissing lawsuit; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

RECAP
48

JUDGMENT; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

Feb. 24, 2022

Feb. 24, 2022

RECAP
49

Attorney Fees

March 3, 2022

March 3, 2022

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three residents of Michigan who own vacation property and businesses in the state affected by the Governor's COVID-19 stay-at-home order.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of the State of Michigan, State

Charlevoix County Prosecuting Attorney (Charlevoix), County

Washtenaw County Prosecuting Attorney (Washtenaw), County

Livingston County Prosecuting Attorney (Livingston), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Content of Injunction:

Preliminary relief request withdrawn/mooted