Case: Signature Sothbeys International Realty, Inc. v. Whitmer

1:20-cv-00360 | U.S. District Court for the Western District of Michigan

Filed Date: April 28, 2020

Closed Date: Dec. 2, 2020

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Case Summary

The executive orders issued by Michigan Governor Gretchen Whitmer in response to the outbreak of COVID-19 prohibited activities and business "not necessary to sustain or protect life." Seven Michigan businesses that were required to stop operating alleged that the executive orders violated their constitutional rights and state law. Represented by private counsel, plaintiffs brought this Section 1983 suit in the United States District Court for the Western District of Michigan against Governor Whitmer and the Director of the Michigan Department of Health and Human Services on April 28, 2020. Specifically, plaintiffs alleged that the executive orders were arbitrary and discriminated against their businesses by treating them differently than other similarly situated businesses. Plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The case was assigned to Judge Paul L. Maloney.

Plaintiffs asserted that the executive orders forced them to "close or significantly restrict their businesses, depriving them of their liberty and property interests without due process," while allowing other businesses deemed 'critical' to stay open, even though: 'critical' businesses must adhere to guidance from the U.S. Centers for Disease Control and Prevention on 'social distancing'; and Plaintiffs are fully capable of adhering to those same guide-lines if allowed to reopen." Moreover, plaintiffs argued that the measures taken by defendants to "flatten the curve" and stop the spread of COVID-19 in Michigan were unnecessary and excessive. Plaintiffs claimed that the executive orders requiring them to close their businesses violated the Dormant Commerce Clause, the Privileges and Immunities Clause, their Procedural and Substantive Due Process rights, the Equal Protection Clause, and that the orders were unconstitutionally vague. Plaintiffs also contended that executive orders violated the state's separation of powers clause and the Emergency Powers Act. 2020 WL 2079549.

On May 11, plaintiffs filed an amended complaint and removed their claims that the executive orders violated state law.

On May 29, the United States Department of Justice filed a statement of interest explaining that the alleged facts suggest that the executive orders violated the Equal Protection Clause and the Commerce Clause. The DOJ stated that "Plaintiffs have made an initial showing that the Orders arbitrarily and oppressively limit their business operations by prohibiting and restricting Plaintiffs’ business operations while permitting similarly situated businesses to continue to operate, or to operate with lesser restrictions, and permitting social gatherings of as many as ten people." The DOJ also concluded that plaintiffs were likely to establish that the executive orders unduly burdened interstate commerce, in violation of the Commerce Clause.

On June 8, defendants filed a motion to dismiss, arguing that the plaintiffs' claims were moot, that plaintiffs lacked standing, and that plaintiffs failed to adequately state a claim concerning their federal constitutional challenges. Defendants asserted that the restrictions challenged by plaintiffs had been lifted as the "curve of the virus's spread . . . flatten[ed]," rendering the plaintiffs' claims moot. Furthermore, defendants argued that plaintiffs' claims lacked merit because the executive orders were "a proper exercise of the authority given to the States to combat a public health crisis" and "necessary to meet the demands of these extraordinary times."

On June 12, the Michigan Epidemiologists sought to file an amicus brief in support of the defendants' motion to dismiss. The plaintiffs opposed the motion for amicus brief on June 30 and they opposed the motion to dismiss itself on July 8, 2020.

On December 2, 2020, the court dismissed the complaint without prejudice and without costs or attorneys' fees to any party. The case is now closed.

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Summary Authors

Aaron Gurley (6/9/2020)

Averyn Lee (7/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17222701/parties/signature-sothbeys-international-realty-inc-v-whitmer/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Allen, Christopher M. (Michigan)

Booth, Joshua O. (Michigan)

Fedynsky, John G. (Michigan)

Expert/Monitor/Master/Other

Birge, Andrew Byerly (Michigan)

Dreiband, Eric S. (District of Columbia)

Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

McCarthy, Daniel J (Michigan)

Richotte, Joseph E. (Michigan)

Attorney for Defendant

Allen, Christopher M. (Michigan)

Booth, Joshua O. (Michigan)

Fedynsky, John G. (Michigan)

Fowler, Darrin F. (Michigan)

Froehlich, Joseph T. (Michigan)

Nessel, Dana M. (Michigan)

Expert/Monitor/Master/Other

Birge, Andrew Byerly (Michigan)

Dreiband, Eric S. (District of Columbia)

Kay, Jonathan R (New York)

Matz, Joshua Adam (New York)

Maugeri, Alexander Virgil (District of Columbia)

McManus, Jennifer L (Michigan)

Pinion, Hilary (Virginia)

Schneider, Matthew (New York)

Taufique, Mahrah M (New York)

Tolentino, Raymond Patrick (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-00360	Docket [PACER] Signature Sothbeys International Realty v. Whitmer	Dec. 2, 2020	Dec. 2, 2020 Docket
1 1:20-cv-00360	Complaint for Declaratory and Injunctive Relief Signature Sotheby's International Realty v. Whitmer	April 28, 2020	April 28, 2020 Complaint 2020 WL 2079549
8 1:20-cv-00360	First Amended Complaint for Declaratory and Injunctive Relief Signature Sotheby's International Realty v. Whitmer	May 11, 2020	May 11, 2020 Complaint
14 1:20-cv-00360	Statement of Interest on Behalf of the United States Signature Sotheby's International Realty v. Whitmer	May 29, 2020	May 29, 2020 Statement of Interest (DOJ)
18-1 to 18-14 1:20-cv-00360	Exhibits to Defendants Whitmer and Gordon's Brief in Support of Motion to Dismiss (Part 2/2) Signature Sotheby's International Realty v. Whitmer	June 8, 2020	June 8, 2020 Pleading / Motion / Brief
18 1:20-cv-00360	Defendants Whitmer and Gordon's Brief in Support of Motion to Dismiss (Part 1/2) Signature Sotheby's International Realty v. Whitmer	June 8, 2020	June 8, 2020 Pleading / Motion / Brief
19, 19-1 1:20-cv-00360	Motion for Leave to File Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss Signature Sotheby's International Realty v. Whitmer	June 12, 2020	June 12, 2020 Pleading / Motion / Brief
22, 22-1 1:20-cv-00360	Plaintiffs' Opposition to Amici's Motion for Leave to File Amicus Brief Signature Sotheby's International Realty v. Whitmer	June 30, 2020	June 30, 2020 Pleading / Motion / Brief
23 1:20-cv-00360	Reply Brief in Support of Amici Curiae Michigan Epidemiologists' Motion for Leave to File Brief in Support of Defendants' Motion to Dismiss Signature Sotheby's International Realty v. Whitmer	July 2, 2020	July 2, 2020 Pleading / Motion / Brief
26 (incl. 26-1 to 26-5) 1:20-cv-00360	Plaintiffs' Opposition to Defendants' Motion to Dismiss Signature Sotheby's International Realty v. Whitmer	July 8, 2020	July 8, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17222701/signature-sothbeys-international-realty-inc-v-whitmer/

Last updated April 23, 2025, 11:49 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with jury demand for Declaratory and Injunctive Relief against Robert Gordon, Gretchen E. Whitmer filed by Signature Sothebys International Realty, Inc., Casite Intraco, LLC, Intraco Corporation, INC., Executive Pproperty Mintenance, Inc., Bahash & Company, LLC, d/b/a Hillsdale Jewelers (Attachments: # 1 Exhibit 1) (McCarthy, Daniel) Modified text on 4/29/2020 to change unnecessary capitalization (ns). (Entered: 04/28/2020) 1 Exhibit 1 View on PACER	April 28, 2020	April 28, 2020 RECAP
2	CORPORATE DISCLOSURE STATEMENT by Casite Intraco, LLC, (McCarthy, Daniel); Modified text on 4/29/2020; Casite Intraco, LLC is the only entity listed by the corporate disclosure statement (ns). (Entered: 04/28/2020)	April 28, 2020	April 28, 2020 PACER
3	NOTICE that this case has been assigned Paul L. Maloney ; with NOTICE OF DEFICIENCY re filing fee re corporate disclosure statement (ns) (Entered: 04/29/2020)	April 29, 2020	April 29, 2020 PACER
	Summons Not Issued	April 29, 2020	April 29, 2020 PACER
	SUMMONS NOT ISSUED ; filing fee due, none provided (ns)	April 29, 2020	April 29, 2020 PACER
	FILING FEE PAID re 1 by plaintiffs Bahash & Company LLC, Casite Intraco LLC, Executive Property Management, Inc., Intraco Corporation Inc., Signature Sotheby's International Realty, Inc. in the amount of $400, receipt number AMIWDC-5192417 (McCarthy, Daniel)	April 30, 2020	April 30, 2020 PACER
	Filing Fee (Civil Case) - Credit Card Payment	April 30, 2020	April 30, 2020 PACER
4	CORPORATE DISCLOSURE STATEMENT by Signature Sotheby's International Realty, Inc. identifying Corporate Parent Signature Sothebeys International Realty, Inc. for Signature Sotheby's International Realty, Inc. (McCarthy, Daniel) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 PACER
5	CORPORATE DISCLOSURE STATEMENT by Executive Property Management, Inc. identifying Corporate Parent EXECUTIVE PROPERTY MAINTENANCE, INC. for Executive Property Management, Inc. (McCarthy, Daniel) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 PACER
6	CORPORATE DISCLOSURE STATEMENT by Intraco Corporation Inc. identifying Corporate Parent INTRACO CORPORATION, INC. for Intraco Corporation Inc. (McCarthy, Daniel) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 PACER
7	CORPORATE DISCLOSURE STATEMENT by Bahash & Company LLC (McCarthy, Daniel) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 PACER
8	FIRST AMENDED COMPLAINT For Declaratory and Injunctive Relief against All Defendants filed by Intraco Corporation Inc., Executive Property Management, Inc., Casite Intraco LLC, Signature Sotheby's International Realty, Inc., Bahash & Company LLC, William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C., d/b/a Shortt Dental, Midwest Carwash Association (Attachments: # 1 Exhibit 1) (McCarthy, Daniel) Modified text on 5/12/2020 to change unnecessary capitalization (ns). (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
9	PROPOSED SUMMONS to be issued re 8 (McCarthy, Daniel) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
10	CORPORATE DISCLOSURE STATEMENT by Midwest Carwash Association (McCarthy, Daniel) Modified text on 5/12/2020 to change unnecessary capitalization (ns). (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
11	CORPORATE DISCLOSURE STATEMENT by William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C., d/b/a Shortt Dental (McCarthy, Daniel) Modified text on 5/12/2020 to change unnecessary capitalization (ns). (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
12	SUMMONS ISSUED as to defendants Robert Gordon, Gretchen E. Whitmer (ns) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph E. Richotte on behalf of plaintiffs Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C. (Richotte, Joseph)	May 15, 2020	May 15, 2020 PACER
	Attorney Appearance	May 15, 2020	May 15, 2020 PACER
13	SUMMONS returned executed; Robert Gordon served on 5/15/2020, answer due 6/5/2020; Gretchen E. Whitmer served on 5/15/2020, answer due 6/5/2020 (McCarthy, Daniel) Modified text on 5/18/2020 (ns). (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John)	May 20, 2020	May 20, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Froehlich, Joseph)	May 20, 2020	May 20, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Booth, Joshua)	May 20, 2020	May 20, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Allen, Christopher)	May 20, 2020	May 20, 2020 PACER
	Attorney Appearance	May 20, 2020	May 20, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Darrin F. Fowler on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Fowler, Darrin)	May 22, 2020	May 22, 2020 PACER
	Attorney Appearance	May 22, 2020	May 22, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew Byerly Birge on behalf of interested party United States of America ; party United States of America added (Birge, Andrew)	May 29, 2020	May 29, 2020 PACER
	Attorney Appearance	May 29, 2020	May 29, 2020 PACER
14	BRIEF by interested party United States of America statement of interest (Birge, Andrew) (Entered: 05/29/2020)	May 29, 2020	May 29, 2020 PACER
15	MOTION for leave to file excess pages /Exceed Word Limit by defendants Robert Gordon, Gretchen E. Whitmer; (Attachments: # 1 Exhibit 1: Defs. Whitmer and Gordon's Motion to Dismiss, # 2 Brief in Support of Defs. Whitmer and Gordon's Motion to Dismiss, # 3 Index of Exhibits, # 4 Exhibit A: April 29, 2020 Opinion and Order Denying Plaintiffs Motion for, # 5 Exhibit B: Modes of transmission of virus causing COVID-19, World Health, # 6 Exhibit C: Social Distancing, Quarantine, and Isolation, Centers for, # 7 Exhibit D: Flattening the Coronavirus Curve (March 27, 2020), New York, # 8 Exhibit E: E.O. No. 2020-4, # 9 Exhibit F: E.O. No. 2020-5, # 10 Exhibit G: E.O. No. 2020-9, # 11 Exhibit H: E.O. No. 2020-11, # 12 Exhibit I: E.O. 2020-17, # 13 Exhibit J: E.O. 2020-96, # 14 Exhibit K: E.O. No. 2020-21, # 15 Exhibit L: E.O. 2020-110, # 16 Exhibit M: South Bay United Pentecostal Church, et al. v. Gavin Newsom,) (Fedynsky, John) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
16	ORDER granting 15 motion for leave to file excess pages/exceed word limitations; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
17	MOTION to dismiss by defendants Robert Gordon, Gretchen E. Whitmer; (ns) (Entered: 06/09/2020)	June 8, 2020	June 8, 2020 PACER
18	BRIEF in support of MOTION to dismiss 17 filed by Robert Gordon, Gretchen E. Whitmer (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M) (ns) (Entered: 06/09/2020) 1 Index View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on PACER	June 8, 2020	June 8, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua Adam Matz on behalf of amicus Amici Curiae Michigan Epidemiologists ; party Amici Curiae Michigan Epidemiologists added (Matz, Joshua)	June 12, 2020	June 12, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Raymond P. Tolentino on behalf of amicus Amici Curiae Michigan Epidemiologists (Tolentino, Raymond)	June 12, 2020	June 12, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Jonathan R. Kay on behalf of amicus Amici Curiae Michigan Epidemiologists (Kay, Jonathan)	June 12, 2020	June 12, 2020 PACER
	Attorney Appearance	June 12, 2020	June 12, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Mahrah Taufique on behalf of amicus Amici Curiae Michigan Epidemiologists (Taufique, Mahrah)	June 12, 2020	June 12, 2020 PACER
19	MOTION for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss by amicus Amici Curiae Michigan Epidemiologists ; (Attachments: # 1 Exhibit A - Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss) (Matz, Joshua) (Entered: 06/12/2020)	June 12, 2020	June 12, 2020 PACER
20	ORDER regarding Motion for Leave to File amicus brief 19 and certificate of concurrence; motion held in abeyance pending filing of certificate; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/15/2020)	June 15, 2020	June 15, 2020 PACER
21	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss 19 filed by Michigan Epidemiologists (Matz, Joshua) (Entered: 06/16/2020)	June 16, 2020	June 16, 2020 PACER
22	RESPONSE in opposition to MOTION for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss 19 filed by Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C. (Attachments: # 1 Exhibit 1) (McCarthy, Daniel) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020 PACER
23	REPLY to response to motion 19 for leave to file Brief of Amici Curiae Michigan Epidemiologists in Support of Defendants' Motion to Dismiss filed by Michigan Epidemiologists (Matz, Joshua) (Entered: 07/02/2020)	July 2, 2020	July 2, 2020 PACER
24	MOTION for leave to file excess pages FOR RESPONSE IN OPPOSITION TO GOVERNMENT'S MOTION TO DISMISS by plaintiffs Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C.; (Attachments: # 1 Proposed Response to Government's Motion to Dismiss, # 2 Proposed Index of Exhibits, # 3 Proposed Exhibit 1, # 4 Proposed Exhibit 2, # 5 Proposed Exhibit 3, # 6 Proposed Exhibit 4) (Richotte, Joseph) (Entered: 07/06/2020)	July 6, 2020	July 6, 2020 PACER
25	ORDER granting 24 motion for leave to file excess pages/exceed word limitations; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
26	RESPONSE TO MOTION to dismiss 17 filed by Bahash & Company LLC, Casite Intraco LLC, Executive Property Maintenance, Inc., Intraco Corporation Inc., Midwest Carwash Association, Signature Sotheby's International Realty, Inc., William A. Shortt, D.D.S. & Therese F. Shortt, D.D.S, P.C. (Attachments: # 1 Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (ns) (Entered: 07/09/2020)	July 8, 2020	July 8, 2020 PACER
27	MOTION for leave to file excess pages /EXCEED WORD LIMIT by defendants Robert Gordon, Gretchen E. Whitmer; (Attachments: # 1 Exhibit 1: Defendants' Reply Brief in Support of Defendants' Motion to Dismiss, # 2 Exhibit 1 to Defendants' Reply Brief: Allen v. Whitmer, Order Denying Plaintiffs' Motion to Exclude Exhibits) (Fedynsky, John) (Entered: 07/20/2020)	July 20, 2020	July 20, 2020 PACER
28	ORDER granting 27 motion for leave to file excess pages/exceed word limits; the Clerk of Court shall accept the proposed document for filing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 07/31/2020)	July 31, 2020	July 31, 2020 PACER
29	REPLY to response to motion 17 filed by Robert Gordon, Gretchen E. Whitmer (Attachments: # 1 Exhibit 1) (ns) (Entered: 08/03/2020)	July 31, 2020	July 31, 2020 PACER
30	MOTION to withdraw as attorney Raymond P. Tolentino by movant Michigan Epidemiologists; (Tolentino, Raymond) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 PACER
31	STATUS REPORT ORDER; status report due by 12/1/2020 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 11/12/2020)	Nov. 12, 2020	Nov. 12, 2020 PACER
32	JOINT STATUS REPORT submitted for filing by defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) (Entered: 12/01/2020)	Dec. 1, 2020	Dec. 1, 2020 PACER
33	PROPOSED STIPULATION and ORDER Dismissing Case Without Prejudice and Without Costs by defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) (Entered: 12/01/2020)	Dec. 1, 2020	Dec. 1, 2020 PACER
34	STIPULATION AND ORDER of dismissal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 12/02/2020)	Dec. 2, 2020	Dec. 2, 2020 RECAP