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

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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…

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.

On February 28, 2022, the final judgment was entered in favor of the defendant.

The case is now closed.

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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 attorneys, see: https://www.courtlistener.com/docket/17070396/parties/beemer-v-whitmer/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Allen, Christopher M. (Michigan)

Beindit, Thomas David (Michigan)

Booth, Joshua O. (Michigan)

Brege, Andrew James (Michigan)

Bryant, Joel C. (Michigan)

Judge(s)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

Muise, Robert Joseph (Michigan)

Attorney 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)

Seward, T. Joseph (Michigan)

Attorney Contact Information via CourtListener

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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
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
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
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
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
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

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Docket

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

Last updated April 22, 2025, 1:28 p.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 View on PACER	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 View on PACER 2 Exhibit 2 - Declaration of Plaintiff Cavanaugh View on PACER 3 Exhibit 3 - Declaration of Plaintiff Muise View on PACER 4 Proposed Order View on PACER	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER	April 23, 2020	April 23, 2020 PACER
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 View on PACER 2 Exhibit 1 - April 16, 2020 Statement re Whitmer Federal Lawsuit View on PACER 3 Exhibit 2 - April 17, 2020 WHMI Article View on PACER 4 Exhibit 3 - April 2, 2020 Tweet View on PACER 5 Exhibit 4 - April 14, 2020 Cease and Desist Letter View on PACER 6 Exhibit 5 - April 16, 2020 Cease and Desist Letter View on PACER 7 Exhibit 6 - Hoover v Michigan Department of Licensing and Regulatory Affairs View on PACER	April 24, 2020	April 24, 2020 PACER
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 View on PACER	April 24, 2020	April 24, 2020 PACER
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 View on PACER 2 Exhibit 2 - Hoover v MI Department of Licensing & Regulatory Affairs View on PACER	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 RECAP
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 View on PACER 2 Exhibit 2 - Executive Order 2020-59 View on PACER 3 Summons for new party - Defendant Dana Nessel View on PACER	April 28, 2020	April 28, 2020 RECAP
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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER	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 View on PACER 2 Exhibit A. Executive Order 2020-4 View on PACER 3 Exhibit B. Executive Order 2020-5 View on PACER 4 Exhibit C. Executive Order 2020-9 View on PACER 5 Exhibit D. Executive Order 2020-11 View on PACER 6 Exhibit E. Executive Order 2020-21 View on PACER 7 Exhibit F. Martinko v. Whitmer, No. 20-00062-MM, Michigan Court of Claims View on PACER	May 20, 2020	May 20, 2020 PACER
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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER	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 View on PACER 2 Exhibit 2 - Declaration of Gabriella Korkes View on PACER	June 15, 2020	June 15, 2020 RECAP
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 View on PACER 2 Attachment Exhibit A to Defendants Whitmer and Nessel's Reply Brief View on PACER 3 Attachment Exhibit B to Defendants Whitmer and Nessel's Reply Brief View on PACER 4 Attachment Exhibit C to Defendants Whitmer and Nessel's Reply Brief View on PACER 5 Attachment Exhibit D to Defendants Whitmer and Nessel's Reply Brief View on PACER 6 Attachment Exhibit E to Defendants Whitmer and Nessel's Reply Brief View on PACER 7 Attachment Exhibit F to Defendants Whitmer and Nessel's Reply Brief View on PACER 8 Attachment Exhibit G to Defendants Whitmer and Nessel's Reply Brief View on PACER 9 Attachment Exhibit H to Defendants Whitmer and Nessel's Reply Brief View on PACER 10 Attachment Exhibit I to Defendants Whitmer and Nessel's Reply Brief View on PACER 11 Attachment Exhibit J to Defendants Whitmer and Nessel's Reply Brief View on PACER 12 Attachment Exhibit K to Defendants Whitmer and Nessel's Reply Brief View on PACER 13 Attachment Exhibit L to Defendants Whitmer and Nessel's Reply Brief View on PACER	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) View on PACER	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER	June 30, 2020	June 30, 2020 PACER
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 RECAP
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
57	Order on Motion for Attorney Fees	Sept. 30, 2022	Sept. 30, 2022 PACER