Case: Midwest Institute of Health, PLLC v. Whitmer

1:20-cv-00414 | U.S. District Court for the Western District of Michigan

Filed Date: May 12, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This lawsuit was filed by four medical providers and an individual seeking medical services to challenge the state’s executive orders related to the COVID-19 pandemic. The plaintiffs sought declaratory and injunctive relief. On May 28, the court filed a notice of hearing regarding certification of issues to the Michigan Supreme Court. On June 16 the court stayed the case until the Michigan Supreme Court resolved the state law questions. On June 25, the defendants appealed the …

COVID-19 Summary: This lawsuit was filed by four medical providers and an individual seeking medical services to challenge the state’s executive orders related to the COVID-19 pandemic. The plaintiffs sought declaratory and injunctive relief. On May 28, the court filed a notice of hearing regarding certification of issues to the Michigan Supreme Court. On June 16 the court stayed the case until the Michigan Supreme Court resolved the state law questions. On June 25, the defendants appealed the decision to the Sixth Circuit. The Michigan Supreme Court held that the Governor's executive orders exceeded her authority on October 2, 2020. The case is ongoing.


On May 12, 2020, four medical providers and an individual seeking medical services filed a suit against Michigan’s Attorney General, Governor, and Director of the Michigan Department of Health and Human Services to challenge the state’s executive orders related to the COVID-19 pandemic. The plaintiffs sued under 42 U.S.C § 1983 for declaratory and injunctive relief. Specifically, the plaintiffs sought a declaration that executive orders 2020-17 and 2020-77 violated the Michigan Constitution, the Fourteenth Amendment and Commerce Clause of the U.S. Constitution, or, alternatively, that the plaintiffs were permitted to continue their business operations. They also sought injunctive relief preventing the defendants from enforcing the orders against the plaintiffs. The plaintiffs also sought attorneys' fees and monetary damages, and they were represented by the Mackinac Center Legal Foundation and private attorneys. The case was filed in the U.S. District Court for the Western District of Michigan, and assigned to District Judge Paul L. Maloney.

On March 11, The Governor of Michigan proclaimed a state of emergency under both the Emergency Management Act and the Emergency Powers of the Governor Act of 1945 (the Emergency Powers Act). Under the initial announcement, the Governor issued various stay at home orders and restrictions, including order 2020-17, which prohibited any bariatric or joint replacement surgeries except for emergencies starting March 21. On May 7, the Governor issued order 2020-77, which continued the restrictions of the previous stay at home orders with limited exceptions to “critical infrastructure workers,” defined as those “necessary to sustain or protect life.”

The plaintiffs argued that the Governor did not have the authority to issue executive orders 2020-17 and 2020-77 under the Emergency Powers Act and the Emergency Management Act beyond the 28 days after the announcement of the state of emergency without the approval of the Michigan Legislature. The plaintiffs also claimed that the Emergency Powers Act violated the Separation of Powers and the nondelegation clauses of the Michigan Constitution. The plaintiffs also alleged that the executive orders violated due process and were void for vagueness. The plaintiffs argued that executive order 2020-17 did not give the plaintiffs a reasonable opportunity to know what is prohibited, as the assessment of which medical treatments are deemed essential are largely left to the discretion of healthcare providers. Additionally, they alleged that order 2020-77 did not provide any explicit standards for determining whether particular operations were “critical infrastructure” activity. Lastly, the plaintiffs alleged that the executive orders violated the Fourteenth Amendment and Commerce Clause under the U.S. Constitution.

The plaintiffs also filed a motion for a preliminary injunction to enjoin the defendants from enforcing order 2020-17 and 2020-77 on May 18, which was dismissed on May 27.

On May 28, the court filed a notice of hearing regarding certification of issues to the Michigan Supreme Court. The district court noted that parts of the plaintiff’s complaint presented questions that required interpretation by the Michigan Supreme Court since they had never been considered by the Michigan Court of Appeals or the Michigan Supreme Court before. The following questions were at issue: (1) whether the Governor of Michigan had the authority to renew executive orders related to the pandemic under the Emergency Powers Act and Emergency Management Act; and, (2) whether the Emergency Powers Act violated the separation of powers or nondelegation clauses under the Michigan Constitution?

Michigan’s Attorney General filed a motion to dismiss on June 2, and the Governor of Michigan and Director of the Michigan Department of Health and Human Services also filed a motion to dismiss on June 5. The defendants argued that the plaintiffs lacked standing and that the public health benefits of the executive orders outweighed the burden to the plaintiffs. The defendants also argued that the plaintiffs failed to state a dormant Commerce Clause claim.

In response to the district court’s notice of hearing regarding certification of issues, the plaintiffs submitted a brief requesting the two questions to be taken to the Michigan Supreme Court. The defendants also filed a brief requesting the court to either dismiss the questions as moot, decline jurisdiction of the issues as state law claims, or hold the questions in abeyance pending resolution. A hearing was held on the issue on June 10.

On June 11, the defendants filed a motion opposing certification. The defendants asked the court to dismiss the questions as state law claims, arguing that the district court lacked jurisdiction under the Eleventh Amendment. The request was denied on June 16; instead, the district court certified the two questions. 2020 WL 3248785. The same day, the court stayed the case until the Michigan Supreme Court resolved the state law questions. On June 25, the defendants appealed the decision to the Sixth Circuit (No. 20-1650).

On June 30, the Michigan Supreme Court scheduled an oral argument on the two questions for September 2. 2020 WL 3571909.

The Michigan Supreme Court held on October 2, 2020 that (1) the Governor lacked authority under the Emergency Management Act to issue or renew any executive orders related to COVID-19 after her first order expired on April 30, 2020; and (2) the Emergency Powers Act violated the Michigan Constitution's nondelegation clause.

The Court's decision as to the Emergency Management Act was unanimous. Justice Stephen J. Markman explained that the Act's requirement that "[a]fter 28 days, the governor shall issue an executive order or proclamation declaring the state of disaster terminated, unless a request by the governor for an extension . . . is approved by resolution of both houses of the legislature" implied that the Governor could not bypass the legislature by issuing an executive order terminating a state of emergency and then immediately declaring a new state of emergency for "identical reasons."

The Court produced several opinions about the Emergency Powers Act. Justice Markman, joined by Justices Brian K. Zahra and Elizabeth T. Clement, wrote that the Act authorized emergency action by the Governor because the phrase "public emergency" included the COVID-19 pandemic. But he held that the Act violated the Michigan Constitution's nondelegation clause because it allowed the Governor to exercise "a substantial part of the entire police power of the state" for an "indefinite duration" subject only to the constraints that the governor's actions be "reasonable" and "necessary," which failed to supply "genuine guidance to the Governor as to how to exercise the authority delegated [or] constrain[] . . . in any meaningful manner."

Justice David F. Viviano concurred. He noted that the Emergency Powers Act only allowed the Governor to declare emergencies "when public safety is imperiled" and argued that public health emergencies like the COVID-19 pandemic did not imperil public safety.

Chief Justice Bridget M. McCormack argued that the Emergency Powers Act was constitutional. She noted that the Act allowed only "reasonable" and "necessary" actions to protect public safety during emergencies, so it supplied an intelligible principle for the Governor as federal nondelegation precedent required. Justices Richard Bernstein and Megan K. Cavanagh agreed; Justice Bernstein also wrote a concurrence expressing similar themes. 2020 WL 5877599.

The appeal before the Sixth Circuit is pending as of October 5, 2020, on December 18, 2020, Judge Maloney stayed the case pending the Sixth Circuit's resolution of the appellate motions.

Summary Authors

Averyn Lee (7/12/2020)

Timothy Leake (10/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17170835/parties/midwest-institute-of-health-pllc-v-whitmer/


Judge(s)

Bernstein, Richard H. (Michigan)

Cavanagh, Megan K (Michigan)

Clement, Elizabeth T (Michigan)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Markman, Stephen J. (Michigan)

McCormack, Bridget (Michigan)

Viviano, David F (Michigan)

Zahra, Brian K. (Michigan)

Attorneys(s) for Plaintiff

Murphy, Amy Elizabeth (Michigan)

Judge(s)

Bernstein, Richard H. (Michigan)

Cavanagh, Megan K (Michigan)

Clement, Elizabeth T (Michigan)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Markman, Stephen J. (Michigan)

McCormack, Bridget (Michigan)

Viviano, David F (Michigan)

Zahra, Brian K. (Michigan)

Attorneys(s) for Plaintiff

Murphy, Amy Elizabeth (Michigan)

Peterson, James Richard (Michigan)

van Stempvoort, Stephen James (Michigan)

Wright, Patrick J. (Michigan)

Attorneys(s) for Defendant

Allen, Christopher M. (Michigan)

Berels, Rebecca Ashley (Michigan)

Booth, Joshua O. (Michigan)

Fedynsky, John G. (Michigan)

Fowler, Darrin F. (Michigan)

Froehlich, Joseph T. (Michigan)

Hammoud, Fadwa Alawieh (Michigan)

Sherman, Ann (Michigan)

Other Attorney(s)

Bagenstos, Samuel R. (Michigan)

Beydoun, Hassan (Michigan)

Dame, Frankie A (Michigan)

Douglas, Stephanie A (Michigan)

McKeever, Susan M (Michigan)

Seyferth, Patrick G (Michigan)

Stone, William R (Michigan)

Triplett, Nathan (Michigan)

Williams, Michael R. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 18, 2020 Docket
1 (incl. 1-1 to 1-19)

Verified Complaint

May 12, 2020 Complaint
9, 10 (incl. 10-1 to 10-18)

Motion for Preliminary Injunction

May 18, 2020 Pleading / Motion / Brief
15, 15-1, 15-2, 15-3

Defendant Attorney General Dana Nessel's Response to Plaintiffs' Motion for Preliminary Injunction

May 22, 2020 Pleading / Motion / Brief
20 (incl. 20-1 to 20-15)

Defendants Whitmer and Gordon's Response to Plaintiffs' Motion for Preliminary Injunction

May 22, 2020 Pleading / Motion / Brief
21, 21-1, 21-2, 21-3

Plaintiffs' Reply Regarding Motion for Preliminary Injunction & Request for Scheduling Conference in Lieu of Preliminary Injunction Hearing

May 26, 2020 Pleading / Motion / Brief
26, 27, 27-1

Attorney General Dana Nessel's Motion to Dismiss

June 2, 2020 Pleading / Motion / Brief
34, 34-1

Attorney General Dana Nessel's Supplemental Briefing on Certification

June 5, 2020 Pleading / Motion / Brief
35 (incl. 35-1 to 35-17)

Defendants Whitmer and Gordon's Motion to Dismiss

June 5, 2020 Pleading / Motion / Brief
32, (incl. 32-1 to 32-4)

Plaintiffs' Brief Regarding Certification of State-Law Issues to the Michigan Supreme Court

June 5, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17170835/midwest-institute-of-health-pllc-v-whitmer/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Robert Gordon, Dana Nessel, Gretchen Whitmer filed by Midwest Institute of Health, PLLC d/b/a Grand Health Partners, Jeffery Gulick, Primary Health Services, PC, Wellston Medical Center, PLLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19) (Peterson, James) (Entered: 05/12/2020)

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May 12, 2020 RECAP

Filing Fee (Civil Case) - Credit Card Payment

May 12, 2020 PACER

FILING FEE PAID re 1 by plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC d/b/a Grand Health Partners, Primary Health Services, PC, Wellston Medical Center, PLLC in the amount of $400, receipt number AMIWDC-5234817 (Peterson, James)

May 12, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Amy Elizabeth Murphy on behalf of plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC (Murphy, Amy)

May 13, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Stephen James van Stempvoort on behalf of plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC (van Stempvoort, Stephen)

May 13, 2020 PACER

Attorney Appearance

May 13, 2020 PACER
2

PROPOSED SUMMONS to be issued re 1 (Peterson, James) (Entered: 05/13/2020)

May 13, 2020 PACER
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NOTICE that this case has been assigned Paul L. Maloney ; with NOTICE OF DEFICIENCY re corporate disclosure statement (clw) (Entered: 05/13/2020)

May 13, 2020 PACER
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SUMMONS ISSUED as to defendants Robert Gordon, Dana Nessel, Gretchen Whitmer (clw) (Entered: 05/13/2020)

May 13, 2020 PACER
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CORPORATE DISCLOSURE STATEMENT by Midwest Institute of Health, PLLC (Peterson, James) (Entered: 05/14/2020)

May 14, 2020 PACER
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CORPORATE DISCLOSURE STATEMENT by Wellston Medical Center, PLLC (Peterson, James) (Entered: 05/14/2020)

May 14, 2020 PACER
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CORPORATE DISCLOSURE STATEMENT by Primary Health Services, PC (Peterson, James) (Entered: 05/14/2020)

May 14, 2020 PACER
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PROOF OF SERVICE by plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC re Summons Issued 4, complaint,, 1 (Peterson, James) (Entered: 05/15/2020)

May 15, 2020 PACER
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MOTION for preliminary injunction by plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC; (Peterson, James) (Entered: 05/18/2020)

May 18, 2020 RECAP
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BRIEF in support of MOTION for preliminary injunction 9 filed by Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18) (Peterson, James) (Entered: 05/18/2020)

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May 18, 2020 PACER
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CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for preliminary injunction 9 filed by Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC (Peterson, James) (Entered: 05/18/2020)

May 18, 2020 PACER
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PROOF OF SERVICE by plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC re MOTION for preliminary injunction 9, Brief in Support of a Motion,, 10, Certificate Regarding Motion Concurrence, 11 (Peterson, James) (Entered: 05/19/2020)

May 19, 2020 PACER

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

May 19, 2020 PACER

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

May 19, 2020 PACER

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

May 19, 2020 PACER

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

May 19, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Ann Maurine Sherman on behalf of defendant Dana Nessel (Sherman, Ann)

May 19, 2020 PACER

Attorney Appearance

May 19, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Rebecca Ashley Berels on behalf of defendant Dana Nessel (Berels, Rebecca)

May 19, 2020 PACER
13

ORDER regarding response to Motion for Preliminary Injunction 9 responses due by 3:00 p.m. on 5/22/2020; hearing on motion scheduled for 5/28/2020 at 9:00 a.m., 174 Federal Building, Kalamazoo, Michigan; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 05/19/2020)

May 19, 2020 PACER
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NOTICE of Screening Device by defendant Dana Nessel (Sherman, Ann) (Entered: 05/22/2020)

May 22, 2020 PACER

Attorney Appearance

May 22, 2020 PACER
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RESPONSE TO MOTION for preliminary injunction 9 filed by Dana Nessel (Attachments: # 1 Index, # 2 Exhibit 1, # 3 Exhibit 2) (Sherman, Ann) (Entered: 05/22/2020)

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May 22, 2020 PACER
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CERTIFICATE of compliance re word count for Response to Motion 15 filed by Dana Nessel (Sherman, Ann) (Entered: 05/22/2020)

May 22, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Darrin F. Fowler on behalf of defendants Robert Gordon, Gretchen Whitmer (Fowler, Darrin)

May 22, 2020 PACER
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MOTION for leave to file excess pages /Exceed Word Limit Under LR 7.1(c) by defendants Robert Gordon, Gretchen Whitmer; (Attachments: # 1 Exhibit 1 to Defendants' Whitmer and Gordon's Motion to Exceed Word Limit, # 2 Defendants Whitmer and Gordon's Response to Plaintiff's Motion for Prelim. Injunction, # 3 Index of Exhibits, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N) (Fedynsky, John) Modified text on 5/26/2020 (clw). (Entered: 05/22/2020)

1 Exhibit 1 to Defendants' Whitmer and Gordon's Motion to Exceed Word Li

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2 Defendants Whitmer and Gordon's Response to Plaintiff's Motion for Pr

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3 Index of Exhibits

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17 Exhibit N

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May 22, 2020 PACER
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ORDER regarding response to Motion for Preliminary Injunction 9 ; replies due by 5/26/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 05/22/2020)

May 22, 2020 PACER
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ORDER granting 17 motion for leave to file excess pages ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 05/22/2020)

May 22, 2020 PACER
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RESPONSE TO MOTION for preliminary injunction 9 filed by Robert Gordon, Gretchen Whitmer (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N) (clw) (Entered: 05/26/2020)

1 Index of Exhibits

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15 Exhibit N

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May 22, 2020 PACER
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REPLY to response to motion 9 filed by Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC (Attachments: # 1 Exhibit 1 - EO 2020-96, # 2 Exhibit 2 - EO 2020-97, # 3 Exhibit 3 - EO 2020-99) (Peterson, James) (Entered: 05/26/2020)

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May 26, 2020 PACER
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ORDER dismissing without prejudice 9 motion for preliminary injunction; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 05/27/2020)

May 27, 2020 PACER
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NOTICE of hearing regarding certification of issues to Michigan Supreme Court set for 6/10/2020 at 01:30 PM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; (Judge Paul L. Maloney, cmc) (Entered: 05/28/2020)

May 28, 2020 PACER
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MOTION for leave to file excess pages Exceed Word Limit by defendants Robert Gordon, Gretchen Whitmer; (Attachments: # 1 Exhibit 1: Defs. Gordon and Whitmer's Motion to Dismiss, # 2 Defs. Gordon and Whitmer's Brief in Support of Its Motion to Dismiss, # 3 Index of Exhibits, # 4 Exhibit A: Opinion and Order Denying Plaintiffs Motion for a Preliminary Injunction, Martinko, et. al. v. Governor Whitmer, et. al., Michigan Court of Claims Case No. 20-62-MM, # 5 Exhibit B: Modes of transmission of virus causing COVID-19, World Health Organization, # 6 Exhibit C: Social Distancing, Quarantine, and Isolation, Centers for Disease Control, # 7 Exhibit D: Flattening the Coronavirus Curve (March 27, 2020), New York Times, # 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. No. 2020-17, # 13 Exhibit J: E.O. No. 2020-96, # 14 Exhibit K: E.O. No. 2020-21, # 15 Exhibit L: Opinion and Order of the Court issued May 21, 2020, Michigan House and Senate v. Gov. Whitmer, Michigan Court of Claims Case No. 20-79-MZ, # 16 Exhibit M: Opinion and Order of the Court issued May 18, 2019, Michigan United for Liberty v. Gov. Whitmer, Michigan Court of Claims Case No. 20-61-MZ, # 17 Exhibit N: Governor Gretchen Whitmers Emergency Bypass Application for Leave to Appeal and Brief, # 18 Exhibit O: Summary Order released May 29, 2020, South Bay United Pentecostal Church, et al. v. Gavin Newsom, Governor of California, 509 U.S. ___ (2020)) (Fedynsky, John) Modified text on 6/4/2020 (clw). (Entered: 06/02/2020)

1 Exhibit 1: Defs. Gordon and Whitmer's Motion to Dismiss

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2 Defs. Gordon and Whitmer's Brief in Support of Its Motion to Dismiss

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5 Exhibit B: Modes of transmission of virus causing COVID-19, World Health Organi

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6 Exhibit C: Social Distancing, Quarantine, and Isolation, Centers for Disease Co

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7 Exhibit D: Flattening the Coronavirus Curve (March 27, 2020), New York Times

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12 Exhibit I: E.O. No. 2020-17

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13 Exhibit J: E.O. No. 2020-96

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14 Exhibit K: E.O. No. 2020-21

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15 Exhibit L: Opinion and Order of the Court issued May 21, 2020, Michigan House a

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16 Exhibit M: Opinion and Order of the Court issued May 18, 2019, Michigan United

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17 Exhibit N: Governor Gretchen Whitmers Emergency Bypass Application for Leave to

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18 Exhibit O: Summary Order released May 29, 2020, South Bay United Pentecostal Ch

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June 2, 2020 PACER
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MOTION for leave to file excess pages for Motion to Dismiss by defendant Dana Nessel; (Sherman, Ann) (Entered: 06/02/2020)

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MOTION to dismiss by defendant Dana Nessel; (Sherman, Ann) (Entered: 06/02/2020)

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BRIEF in support of MOTION to dismiss 26 filed by Dana Nessel (Attachments: # 1 Exhibit 1) (Sherman, Ann) (Entered: 06/02/2020)

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CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file excess pages for Motion to Dismiss 25 filed by Dana Nessel (Sherman, Ann) (Entered: 06/02/2020)

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CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss 26 filed by Dana Nessel (Sherman, Ann) (Entered: 06/02/2020)

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CERTIFICATE of compliance re word count for Brief in Support of a Motion 27 filed by Dana Nessel (Sherman, Ann) (Entered: 06/02/2020)

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ORDER granting 24 motion for leave to file excess pages; granting 25 motion for leave to file excess pages; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/05/2020)

June 5, 2020 PACER
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BRIEF by plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC Regarding Certification of State-Law Issues to the Michigan Supreme Court (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Peterson, James) (Entered: 06/05/2020)

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June 5, 2020 PACER
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BRIEF by defendants Robert Gordon, Gretchen Whitmer with Certificate of Service (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Froehlich, Joseph) (Entered: 06/05/2020)

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June 5, 2020 PACER
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BRIEF by defendant Dana Nessel on certification (supplemental) (Attachments: # 1 Exhibit 1) (Sherman, Ann) Modified text on 6/8/2020 (clw). (Entered: 06/05/2020)

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June 5, 2020 PACER
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MOTION to dismiss by defendants Robert Gordon, Gretchen Whitmer; (Attachments: # 1 Brief in Support, # 2 Index, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O) (clw) (Entered: 06/08/2020)

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June 5, 2020 PACER
36

MINUTES of hearing regarding certification of issues to Michigan Supreme Court; opinion to issue; held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, acr) (Entered: 06/10/2020)

June 10, 2020 PACER
37

NOTICE joint notice of supplemental authority regarding their motions to dismiss by defendants Robert Gordon, Dana Nessel, Gretchen Whitmer (Attachments: # 1 Exhibit A: Opinion and Order Granting Defendants Motion to Dismiss issued in Martinko, et al. v. Gretchen Whitmer) (Froehlich, Joseph) Modified text on 6/12/2020 (clw). (Entered: 06/11/2020)

1 Exhibit A: Opinion and Order Granting Defendants Motion to Dismiss issued in Ma

View on PACER

June 11, 2020 PACER
38

JOINT MOTION for reconsideration re 36 Certification by defendants Robert Gordon, Dana Nessel, Gretchen Whitmer; (Attachments: # 1 Exhibit A: Barachkov v. Davis, 580 Fed.Appx. 288 (2014)) (Froehlich, Joseph) Modified text on 6/12/2020 (clw). (Entered: 06/11/2020)

1 Exhibit A: Barachkov v. Davis, 580 Fed.Appx. 288 (2014)

View on PACER

June 11, 2020 PACER
39

ORDER regarding response to Motion for Reconsideration 38 responses due by 12:00 p.m. on 6/12/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/11/2020)

June 11, 2020 PACER
40

RESPONSE in opposition to JOINT MOTION for reconsideration re 36 38 filed by Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC (Peterson, James) Modified text on 6/15/2020 (clw). (Entered: 06/12/2020)

June 12, 2020 PACER
41

STIPULATION and Proposed Facts and Questions Regarding Certification of State-Law Issues to the Michigan Supreme Court by plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC, Primary Health Services, PC, Wellston Medical Center, PLLC (Peterson, James) (Entered: 06/12/2020)

June 12, 2020 PACER
42

ORDER denying 38 motion for reconsideration; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 06/16/2020)

June 16, 2020 PACER
43

OPINION; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 06/16/2020)

June 16, 2020 RECAP
44

ORDER re STIPULATION 41 and staying the case; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 06/16/2020)

June 16, 2020 PACER

Certified Copy of Opinion 43, Order on Stipulation 44 sent via U.S. Mail to Clerk of the Michigan Supreme Court @ PO Box 30052,Lansing, MI 48909 (clw)

June 17, 2020 PACER

Copies Mailed

June 17, 2020 PACER
45

NOTICE OF APPEAL re 42 by defendants Robert Gordon, Gretchen Whitmer (Fedynsky, John) (Entered: 06/25/2020)

June 25, 2020 PACER

Appeal Fee - Credit Card Payment

June 25, 2020 PACER

APPEAL FEE PAID re 45 by defendants Robert Gordon, Gretchen Whitmer in the amount of $505, receipt number AMIWDC-5393217 (Fedynsky, John)

June 25, 2020 PACER
46

LETTER FROM CCA regarding appeal 45 indicating Civil Case Docketed (clw) (Entered: 06/29/2020)

June 26, 2020 PACER

Appellate Court Case Number

June 26, 2020 PACER

CASE NUMBER 20-1611 assigned by Sixth Circuit to appeal 45 (clw)

June 26, 2020 PACER
47

NOTICE OF APPEAL re 42 by defendant Dana Nessel (Sherman, Ann) (Entered: 07/02/2020)

July 2, 2020 PACER

Appeal Fee - Credit Card Payment

July 2, 2020 PACER

APPEAL FEE PAID re 47 by defendant Dana Nessel in the amount of $505, receipt number AMIWDC-5419471 (Sherman, Ann)

July 2, 2020 PACER

CASE NUMBER 20-1650 assigned by Sixth Circuit to appeal 47 (clw)

July 9, 2020 PACER

Appellate Court Case Number

July 9, 2020 PACER
48

LETTER FROM CCA regarding appeal 47 indicating Civil Case Docketed (clw) (Entered: 07/09/2020)

July 9, 2020 PACER
49

APPEAL TRANSCRIPT of the Preliminary Injunction Hearing held June 10, 2020, before the Honorable Paul L. Maloney; re appeal 45, 47 ; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 11/9/2020 ; redaction request due 8/31/2020 (Court Reporter-Transcriptionist: K. Thomas, (269) 808-6116) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
50

RESPONSE TO 43, 44 from the Michigan Supreme Court regarding Certified Questions from the United States District Court (ems) Modified text on 10/7/2020 (ems). (Entered: 10/07/2020)

Oct. 7, 2020 PACER
51

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 RECAP
52

JOINT STATUS REPORT submitted for filing by plaintiffs Jeffery Gulick, Midwest Institute of Health, PLLC (Peterson, James) (Entered: 12/01/2020)

Dec. 1, 2020 RECAP
53

ORDER STAYING CASE; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 12/18/2020)

Dec. 18, 2020 RECAP
56

Order on Motion to Dismiss AND Order on Motion to Dismiss

Feb. 25, 2022 PACER
57

Reconsideration

March 18, 2022 PACER
60

Order

March 18, 2022 PACER
63

Order on Motion for Reconsideration

March 23, 2022 PACER
64

Order on Motion for Order

March 23, 2022 PACER
65

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

March 23, 2022 RECAP
66

File Excess Pages

April 21, 2022 PACER
67

Attorney Fees

April 21, 2022 PACER
69

Order Regarding Motion and Certificate of Concurrence

April 22, 2022 PACER
71

Order on Motion for Leave to File Excess Pages

April 29, 2022 PACER

State / Territory: Michigan

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 12, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four medical providers and an individual seeking medical services who could not provide or obtain medical services due to executive orders Michigan's Governor issued in response to the COVID-19 pandemic.

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

Attorney General of the State of Michigan, State

Director of the Michigan Department of Health and Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Commerce Power

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied