Case: League of Independent Fitness Facilities and Trainers, Inc. v. Whitmer

1:20-cv-00458 | U.S. District Court for the Western District of Michigan

Filed Date: May 22, 2020

Closed Date: March 3, 2021

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Case Summary

COVID-19 Summary: This lawsuit was filed against the state of Michigan by 22 individual companies operating fitness businesses in Michigan and an organization representing over 150 fitness facilities in the state to enjoin executive orders that caused their facilities to remain closed. The court granted a preliminary injunction on June 19. On appeal, the Sixth Circuit stayed the lower court's injunction on June 24. Due to the case being mooted, after the governor's orders were struck down, the …

On May 22, 2020, owners and operators of Michigan’s indoor fitness facilities filed a suit against the Governor of the State of Michigan and the Director of the Michigan Department of Health and Human Services to enjoin orders that required the plaintiffs to keep their facilities closed. The plaintiffs brought this lawsuit as a declaratory and injunctive action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201–2202, and the All Writs Act, 28 U.S.C. § 1651. The plaintiffs sought a declaration that the Lockdown Orders violated the Constitution, an order enjoining the state from enforcing the lockdown orders, and a prohibition form issuing further orders that would require the plaintiffs to keep their businesses closed. The case filed in the U.S District Court for the Western District of Michigan and assigned to District Judge Paul L Maloney.

The plaintiffs, represented by private counsel, were comprised of 22 individual companies operating fitness businesses in Michigan, as well as the League of Independent Fitness Facilities and Trainers (LIFFT), an organization representing over 150 fitness facilities in the state.

On March 16, Governor Whitmer issued temporary restrictions on the uses of public facilities, which included gymnasiums, fitness centers, recreation centers, and indoor sports facilities. Throughout June, the defendant incrementally re-opened sectors of the economy with Michigan Executive order 2020-110 and 2020-115. The orders lifted certain restrictions on facilities such as restaurants, bowling, and climbing facilities subject to capacity restrictions, but left indoor fitness facilities remained completely closed. The plaintiffs alleged that the differential treatment of indoor fitness facilities violated substantive and procedural due process and equal protection of the law under the Fourteenth Amendment, as well as the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Emergency Management Act. Further, the plaintiffs alleged that the order was void for vagueness as the defendant did not identify the criteria for which businesses were allowed to operate during the pandemic. They also alleged that the defendant exceeded the Governor’s authority in violation of the separation of powers doctrine in the Michigan constitution.

The complaint was amended on June 1 to add 15 additional plaintiffs. On June 8, the plaintiffs moved for a preliminary injunction to enjoin the defendants from enforcing the orders. On June 12, the defendants filed a response to the plaintiff’s motion for a preliminary injunction. The defendants contended that the plaintiff LIFFT lacked organizational standing as it failed to establish injury-in-fact for the pre-enforcement claim, and therefore, should be dismissed. Oral argument was held on June 17. On the same day, the defendants filed a motion to dismiss for lack of standing.

On June 19, the preliminary injunction was granted. 2020 WL 3421229. The court found that while the state was empowered to address emergencies like pandemics largely without interference from the courts, it was subject to constitutional limitations. Because the court found that the defendant was unable to state a rational basis to support the continued closure of indoor gyms, it did not survive deferential review.

On the same day, the defendant filed an appeal to the Sixth Circuit, and also an emergency motion for a stay pending appeal filed at the district court. On June 22, the plaintiffs filed a motion in opposition to the stay pending appeal. The same day, the district court denied the defendants’ emergency motion to stay. 2020 WL 3422586.

On June 24, the Sixth Circuit granted the defendant’s motion for an emergency stay, contending that the public interest of combatting COVID-19 outweighed the plaintiffs’ in favor of the stay. 814 Fed. Appx. 125. The Sixth Circuit disagreed with the district court on whether the State demonstrated a rational basis to justify the plaintiffs’ continued closure, therefore surviving deferential review. The plaintiffs filed a motion asking the Sixth Circuit to reconsider the order, but the Sixth Circuit denied the motion on July 7.

Back in the district court, the plaintiffs responded to the defendants motion to dismiss on July 16, 2020; the defendants replied on July 30. On October 28, the plaintiffs requested to file an amendment or correction to the complaint, which the defendants opposed on November 12.

During December 2020, the court received several unopposed motions to dismiss many of the plaintiffs. On February 3, 2021, the Sixth Circuit found that the issues presented on appeal were moot and dismissed the appeal for lack of jurisdiction. 843 Fed. Appx. 707.

On March 3, 2021, the court denied the motion to amend the complaint and granted the motion to dismiss. The court stated that the plaintiffs' proposed amendment concerned separate and distinct issues, and so they could not change the scope of their case so drastically through an amendment. The court also found that the issues presented were no longer live, since the Governor's Executive Orders were set aside, which meant the case was moot. The court terminated the action that same day and the case is now closed.

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Summary Authors

Averyn Lee (7/4/2020)

Justin Hill (10/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17190534/parties/league-of-independent-fitness-facilities-and-trainers-inc-v-whitmer/

Judge(s)

Cook, Deborah L. (Ohio)

Donohue, Christine (Pennsylvania)

Attorney for Plaintiff

Attorney for Defendant

Allen, Christopher M. (Michigan)

Booth, Joshua O. (Michigan)

Expert/Monitor/Master/Other

Anderson, Patrick (Michigan)

Judge(s)

Cook, Deborah L. (Ohio)

Donohue, Christine (Pennsylvania)

Gibbons, Julia Smith (Tennessee)

Green, Phillip J. (Michigan)

Kavanaugh, Brett M. (District of Columbia)

Maloney, Paul Lewis (Michigan)

Murray, Christopher M. (Michigan)

Posner, Richard Allen (Illinois)

Readler, Chad Andrew (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Saylor, Thomas (Pennsylvania)

Attorney for Plaintiff

Erskine, Scott M (Michigan)

Thomme, Carly Ann (Michigan)

Van Thomme, Carly Ann (Michigan)

Attorney for Defendant

Allen, Christopher M. (Michigan)

Booth, Joshua O. (Michigan)

Fedynsky, John G. (Michigan)

Froehlich, Joseph T. (Michigan)

Jurgensen, Andrew J (Michigan)

Nessel, Dana M. (Michigan)

Expert/Monitor/Master/Other

Anderson, Patrick (Michigan)

Peterson, Brian (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-00458 20-01581	Docket [PACER]	March 3, 2021	March 3, 2021 Docket
1 (incl. 1-1 to 1-4) 1:20-cv-00458	Complaint for Declaratory and Injunctive Relief	May 22, 2020	May 22, 2020 Complaint
16 (& 16-1 to 16-4) 1:20-cv-00458	First Amended Complaint for Declaratory and Injunctive Relief	June 1, 2020	June 1, 2020 Complaint
32, 33 (& 33-1 to 33-19) 1:20-cv-00458	Motion for Preliminary Injunction	June 8, 2020	June 8, 2020 Pleading / Motion / Brief
35 (& 35-1 to 35-13) 1:20-cv-00458	Defendants' Response to Plaintiffs' Motion for Preliminary Injunction League of Independent Fitness Facilities and Trainers v. Whitmer	June 12, 2020	June 12, 2020 Pleading / Motion / Brief
37 (& 37-1 to 37-4) 1:20-cv-00458	Plaintiffs' Reply Brief in Support of Motion for Preliminary Injunction League of Independent Fitness Facilities and Trainers v. Whitmer	June 15, 2020	June 15, 2020 Pleading / Motion / Brief
41 (& 41-1 to 41-14) 1:20-cv-00458	Defendants Whitmer and Gordon's Motion to Dismiss League of Independent Fitness Facilities and Trainers v. Whitmer	June 17, 2020	June 17, 2020 Pleading / Motion / Brief
44-45 1:20-cv-00458	Defendants' Emergency Motion for Stay Pending Appeal League of Independent Fitness Facilities and Trainers v. Whitmer	June 19, 2020	June 19, 2020 Pleading / Motion / Brief
42 1:20-cv-00458	Opinion League of Independent Fitness Facilities and Trainers v. Whitmer	June 19, 2020	June 19, 2020 Order/Opinion 468 F.Supp.3d 940
49 1:20-cv-00458	Plaintiffs' Response Brief in Opposition to Defendants' Motion for Stay League of Independent Fitness Facilities and Trainers v. Whitmer	June 22, 2020	June 22, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17190534/league-of-independent-fitness-facilities-and-trainers-inc-v-whitmer/

Last updated April 11, 2025, 10:28 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by JKP Fitness, LLC, Building Your Temple LLC, JPF Enterprises, LLC, Baseline Fitness LLC, Nascot Enterprises, LLC, BYT Fitness 247 LLC, League of Independent Fitness Facilities and Trainers, Inc., H3 Fitness LLC (Attachments: # 1 Exhibit Anderson Economic Report, # 2 Exhibit Planet Fitness Letter, # 3 Exhibit Michigan Fitness Clubs Association Letter, # 4 Exhibit LIFFT Letter to Governor) (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020) 1 Exhibit Anderson Economic Report View on PACER 2 Exhibit Planet Fitness Letter View on PACER 3 Exhibit Michigan Fitness Clubs Association Letter View on PACER 4 Exhibit LIFFT Letter to Governor View on PACER	May 22, 2020	May 22, 2020 RECAP
	Filing Fee (Civil Case) - Credit Card Payment	May 22, 2020	May 22, 2020 PACER
	FILING FEE PAID re 1 by plaintiffs baseline fitness llc, building your temple llc, byt fitness 247 llc, h3 fitness llc, jkp fitness llc, jpf enterprises llc, league of independent fitness facilities and trainers, inc., nascot enterprises, llc in the amount of $400, receipt number AMIWDC-5270934 (Erskine, Scott)	May 22, 2020	May 22, 2020 PACER
	FILING FEE PAID re 1 by plaintiffs JKP Fitness, LLC, Building Your Temple LLC, JPF Enterprises, LLC, Baseline Fitness LLC, Nascot Enterprises, LLC, BYT Fitness 247 LLC, League of Independent Fitness Facilities and Trainers, Inc., H3 Fitness LLC in the amount of $400, receipt number AMIWDC-5270934 (Erskine, Scott) Modified text on 5/27/2020 (clw).	May 22, 2020	May 22, 2020 PACER
	Attorney Appearance	May 22, 2020	May 22, 2020 PACER
2	PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
3	PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
4	CORPORATE DISCLOSURE STATEMENT by Baseline Fitness LLC (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
5	CORPORATE DISCLOSURE STATEMENT by Building Your Temple LLC (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
6	CORPORATE DISCLOSURE STATEMENT by BYT Fitness 247 LLC (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
7	CORPORATE DISCLOSURE STATEMENT by H3 Fitness LLC (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
8	CORPORATE DISCLOSURE STATEMENT by JKP Fitness, LLC (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
9	CORPORATE DISCLOSURE STATEMENT by JPF Enterprises, LLC (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
10	CORPORATE DISCLOSURE STATEMENT by League of Independent Fitness Facilities and Trainers, Inc. (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
11	CORPORATE DISCLOSURE STATEMENT by Nascot Enterprises, LLC (Erskine, Scott) Modified text on 5/27/2020 (clw). (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
12	PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
13	PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Carly Ann Van Thomme on behalf of plaintiffs baseline fitness llc, building your temple llc, byt fitness 247 llc, h3 fitness llc, jkp fitness llc, jpf enterprises llc, league of independent fitness facilities and trainers, inc., nascot enterprises, llc (Van Thomme, Carly)	May 22, 2020	May 22, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Carly Ann Van Thomme on behalf of plaintiffs JKP Fitness, LLC, Building Your Temple LLC, JPF Enterprises, LLC, Baseline Fitness LLC, Nascot Enterprises, LLC, BYT Fitness 247 LLC, League of Independent Fitness Facilities and Trainers, Inc., H3 Fitness LLC (Van Thomme, Carly) Modified text on 5/27/2020 (clw).	May 22, 2020	May 22, 2020 PACER
14	NOTICE that this case has been assigned Paul L. Maloney (clw) (Entered: 05/27/2020)	May 27, 2020	May 27, 2020 PACER
15	SUMMONS ISSUED as to defendants Robert Gordon, Gretchen E. Whitmer (clw) (Entered: 05/27/2020)	May 27, 2020	May 27, 2020 RECAP
	(NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John)	May 28, 2020	May 28, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew J. Jurgensen on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Jurgensen, Andrew)	May 28, 2020	May 28, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Froehlich, Joseph)	May 28, 2020	May 28, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Booth, Joshua)	May 28, 2020	May 28, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Allen, Christopher)	May 28, 2020	May 28, 2020 PACER
	Attorney Appearance	May 28, 2020	May 28, 2020 PACER
16	FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against Robert Gordon, Gretchen E. Whitmer filed by JPF Enterprises, LLC, Baseline Fitness LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., JKP Fitness, LLC, Building Your Temple LLC, Nascot Enterprises, LLC, BYT Fitness 247 LLC, H3 Fitness LLC, 24/7 Bootcamp and Boxing Inc., Fenton Athletic Club Inc., 4 Seasons Gym LLC, MH & AB LLC, Fenton Karate LLC, RMP Fitness Inc., Fusion Fitness 24/7 LLC, D-Lux Karate University LLC, Prison City Physique LLC, Motor City CF - St. Clair Shores LLC, Clawson Fitness LLC, Strength Beyond LLC, M Fitness Club LLC, Clinton Fitness Inc., I Fitness Personal Training Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Erskine, Scott) (Entered: 06/01/2020) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER	June 1, 2020	June 1, 2020 RECAP
	Attorney Appearance	June 1, 2020	June 1, 2020 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Carly Ann Van Thomme on behalf of plaintiffs 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym LLC, Clawson Fitness LLC, Clinton Fitness Inc., D-Lux Karate University LLC, Fenton Athletic Club Inc., Fenton Karate LLC, Fusion Fitness 24/7 LLC, I Fitness Personal Training Inc., M Fitness Club LLC, MH & AB LLC, Motor City CF - St. Clair Shores LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC (Van Thomme, Carly)	June 1, 2020	June 1, 2020 PACER
17	CORPORATE DISCLOSURE STATEMENT by 4 Seasons Gym, LLC (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
18	CORPORATE DISCLOSURE STATEMENT by 24/7 Bootcamp and Boxing Inc. (Erskine, Scott) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
19	CORPORATE DISCLOSURE STATEMENT by Clawson Fitness, LLC (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
20	CORPORATE DISCLOSURE STATEMENT by Clinton Fitness, Inc. (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
21	CORPORATE DISCLOSURE STATEMENT by D-Lux Karate University LLC (Erskine, Scott) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
22	CORPORATE DISCLOSURE STATEMENT by Fenton Athletic Club, Inc. (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
23	CORPORATE DISCLOSURE STATEMENT by Fenton Karate, LLC (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
24	CORPORATE DISCLOSURE STATEMENT by Fusion Fitness 24/7 LLC (Erskine, Scott) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
25	CORPORATE DISCLOSURE STATEMENT by I Fitness Personal Training, Inc. (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
26	CORPORATE DISCLOSURE STATEMENT by M Fitness Club, LLC (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
27	CORPORATE DISCLOSURE STATEMENT by MH & AB LLC (Erskine, Scott) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
28	CORPORATE DISCLOSURE STATEMENT by Motor City CF - St. Clair Shores, LLC (Erskine, Scott) Modified text on 6/3/2020 (clw). (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
29	CORPORATE DISCLOSURE STATEMENT by Prison City Physique LLC (Erskine, Scott) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
30	CORPORATE DISCLOSURE STATEMENT by RMP Fitness Inc. (Erskine, Scott) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
31	CORPORATE DISCLOSURE STATEMENT by Strength Beyond LLC (Erskine, Scott) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 PACER
32	EMERGENCY MOTION for preliminary injunction with Proof of Service by plaintiffs 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC; (Erskine, Scott) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
33	BRIEF in support of EMERGENCY MOTION for preliminary injunction with Proof of Service 32 with Proof of Service filed by 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC (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) (Erskine, Scott) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
34	ORDER regarding response to Motion for Preliminary Injunction 32 ; responses due by 12:00 p.m. (noon) on 6/12/2020; a hearing on the motion is scheduled for 6/17/2020 at 9:00 a.m., 174 Federal Building, Kalamazoo, Michigan; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/09/2020)	June 9, 2020	June 9, 2020 PACER
35	RESPONSE TO EMERGENCY MOTION for preliminary injunction with Proof of Service 32 filed by Robert Gordon, Gretchen E. Whitmer (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Opinion and Order Denying Plaintiffs Motion, # 3 Exhibit B: Summary Order, South Bay United Pentecostal Church v. Gavin, # 4 Exhibit C: Modes of transmission of virus causing COVID-19, # 5 Exhibit D: Social Distancing, Quarantine, and Isolation, # 6 Exhibit E: Flattening the Coronavirus Curve, # 7 Exhibit F: E.O. No. 2020-4, # 8 Exhibit G: E.O. No. 2020-5, # 9 Exhibit H: E.O. No. 2020-9, # 10 Exhibit I: E.O. No. 2020-11, # 11 Exhibit J: E.O. No. 2020-21, # 12 Exhibit K: E.O. No. 2020-110, # 13 Exhibit L: E.O. No. 2020-115) (Fedynsky, John) (Entered: 06/12/2020) 1 Index of Exhibits View on PACER 2 Exhibit A: Opinion and Order Denying Plaintiffs Motion View on PACER 3 Exhibit B: Summary Order, South Bay United Pentecostal Church v. Gavin View on PACER 4 Exhibit C: Modes of transmission of virus causing COVID-19 View on PACER 5 Exhibit D: Social Distancing, Quarantine, and Isolation View on PACER 6 Exhibit E: Flattening the Coronavirus Curve View on PACER 7 Exhibit F: E.O. No. 2020-4 View on PACER 8 Exhibit G: E.O. No. 2020-5 View on PACER 9 Exhibit H: E.O. No. 2020-9 View on PACER 10 Exhibit I: E.O. No. 2020-11 View on PACER 11 Exhibit J: E.O. No. 2020-21 View on PACER 12 Exhibit K: E.O. No. 2020-110 View on PACER 13 Exhibit L: E.O. No. 2020-115 View on PACER	June 12, 2020	June 12, 2020 RECAP
36	CERTIFICATE of compliance re word count for Response to Motion 35 filed by Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) Modified text on 6/15/2020 (clw). (Entered: 06/12/2020)	June 12, 2020	June 12, 2020 PACER
37	REPLY to response to motion 32 with Certificate of Compliance and Proof of Service filed by 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC (Attachments: # 1 Exhibit 20, # 2 Exhibit 21, # 3 Exhibit 22, # 4 Exhibit 23) (Erskine, Scott) (Entered: 06/15/2020)	June 15, 2020	June 15, 2020 PACER
38	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 Defendants' Brief in Support of Motion to Dismiss, # 3 Index of Exhibits, # 4 Exhibit A: Unsuccessful State Court Challenges to Executive Orders, # 5 Exhibit B: May 29, 2020 Summary Order, South Bay United Pentecostal, # 6 Exhibit C: Social Distancing, Quarantine and Isolation, # 7 Exhibit D: Flattening the Coronavirus Curve, # 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. 2020-21, # 13 Exhibit J: E.O. No. 2020-110, # 14 Exhibit K: E.O. No. 2020-115, # 15 Exhibit L: Governors Bypass Application to the Michigan Supreme Court) (Fedynsky, John) Modified text on 6/17/2020 (clw). (Entered: 06/16/2020)	June 16, 2020	June 16, 2020 PACER
39	MINUTES of motion hearing re 32 EMERGENCY MOTION for preliminary injunction filed by 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, Fusion Fitness 24/7 LLC, JPF Enterprises, LLC, Fenton Karate, LLC, H3 Fitness LLC, Motor City CF - St. Clair Shores, LLC, Fenton Athletic Club, Inc., Clawson Fitness, LLC, Building Your Temple LLC, D-Lux Karate University LLC, Prison City Physique LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, MH & AB LLC, RMP Fitness Inc., Leauge of Independent Fitness Facilities and Trainers, Inc., Clinton Fitness, Inc., Nascot Enterprises, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Strength Beyond LLC, M Fitness Club, LLC; opinion and order to issue; held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, acr) (Entered: 06/17/2020)	June 17, 2020	June 17, 2020 PACER
40	ORDER granting 38 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: 06/17/2020)	June 17, 2020	June 17, 2020 PACER
41	MOTION to dismiss by defendants Robert Gordon, Gretchen E. 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) (clw) (Entered: 06/18/2020)	June 17, 2020	June 17, 2020 PACER
42	OPINION AND ORDER granting 32 motion for preliminary injunction; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 06/19/2020)	June 19, 2020	June 19, 2020 RECAP
	Appeal Fee - Credit Card Payment	June 19, 2020	June 19, 2020 PACER
43	NOTICE OF APPEAL re 42 by defendants Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) (Entered: 06/19/2020)	June 19, 2020	June 19, 2020 PACER
44	EMERGENCY MOTION for stay pending appeal by defendants Robert Gordon, Gretchen E. Whitmer; (Fedynsky, John) Modified text on 6/22/2020 (clw). (Entered: 06/19/2020)	June 19, 2020	June 19, 2020 RECAP
45	BRIEF in support of EMERGENCY MOTION for stay pending appeal 44 filed by Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) Modified text on 6/22/2020 (clw). (Entered: 06/19/2020)	June 19, 2020	June 19, 2020 RECAP
	APPEAL FEE PAID re 43 by defendants Robert Gordon, Gretchen E. Whitmer in the amount of $505, receipt number AMIWDC-5373540 (Fedynsky, John)	June 19, 2020	June 19, 2020 PACER
46	ORDER regarding response to motion to stay 44 ; responses due by 10:00 a.m. on 6/22/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 06/19/2020)	June 19, 2020	June 19, 2020 PACER
47	CERTIFICATE of compliance re word count for Brief in Support of a Motion 45 filed by Robert Gordon, Gretchen E. Whitmer (Fedynsky, John) (Entered: 06/20/2020)	June 20, 2020	June 20, 2020 PACER
48	RESPONSE in opposition to EMERGENCY MOTION to stay pending appeal 44 with Proof of Service filed by 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC (Erskine, Scott) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
	Appellate Court Case Number	June 22, 2020	June 22, 2020 PACER
49	RESPONSE in opposition to EMERGENCY MOTION to stay pending appeal 44 (Brief in Opposition) with Proof of Service filed by 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC (Erskine, Scott) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 RECAP
50	CERTIFICATE of compliance re word count for Response in Opposition,, 49 with Proof of Service filed by 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC (Erskine, Scott) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
	CASE NUMBER 20-1581 assigned by the Sixth Circuit to appeal 43 (mkc)	June 22, 2020	June 22, 2020 PACER
51	ORDER denying 44 motion to stay pending appeal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 RECAP
52	LETTER FROM CCA regarding appeal 43 indicating Civil Case Docketed (clw) (Entered: 06/23/2020)	June 22, 2020	June 22, 2020 RECAP
53	ORDER of USCA (certified copy) re appeal 43 The motion for an emergency stay is GRANTED (clw) (Entered: 06/25/2020)	June 24, 2020	June 24, 2020 PACER
54	ORDER of USCA (certified copy) re appeal 43 DENYING Appellees' motion to reconsider the order filed 6/24/2020 filed by Ms. Carly Ann Van Thomme (clw) (Entered: 07/08/2020)	July 7, 2020	July 7, 2020 PACER
55	RESPONSE in opposition to MOTION to dismiss 41 with Proof of Service filed by 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC (Erskine, Scott) (Entered: 07/16/2020)	July 16, 2020	July 16, 2020 RECAP
56	REPLY to response to motion 41 to Dismiss filed by Robert Gordon, Gretchen E. Whitmer (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: LIFFT v. Whitmer, et al., ___ F.3d ___ (slip opinion), Sixth Cir. No. 20-1581 (June 24, 2020), # 3 Exhibit 2: Opinion and Order Denying Plaintiffs Motion for Preliminary Injunction, CH Royal Oak, LLC v. Whitmer, et al., W.D. Mich. No. 20-cv-570 (July 16, 2020), # 4 Exhibit 3: Order Denying Plaintiffs Motion for Preliminary Injunction, Baker Events, LLC v. Whitmer, et al, W.D. Mich. No. 20-cv-654 (July 23, 2020), # 5 Exhibit 4: Sports Illustrated article: Michigan State the Latest and Most Significant Victim of College Footballs Biggest Obstacle (July 24, 2020), # 6 Exhibit 5: Los Angeles Times article: Marlins coronavirus outbreak has sports world on edge (July 27, 2020)) (Fedynsky, John) (Entered: 07/30/2020) 1 Index of Exhibits View on PACER 2 Exhibit 1: LIFFT v. Whitmer, et al., ___ F.3d ___ (slip opinion), Sixth Cir. No View on PACER 3 Exhibit 2: Opinion and Order Denying Plaintiffs Motion for Preliminary Injuncti View on PACER 4 Exhibit 3: Order Denying Plaintiffs Motion for Preliminary Injunction, Baker Ev View on PACER 5 Exhibit 4: Sports Illustrated article: Michigan State the Latest and Most Sign View on PACER 6 Exhibit 5: Los Angeles Times article: Marlins coronavirus outbreak has sports View on PACER	July 30, 2020	July 30, 2020 RECAP
57	APPEAL TRANSCRIPT of the Hearing on Emergency Motion for Preliminary Injunction held June 17, 2020, before the Honorable Paul L. Maloney; re appeal 43 ; 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	Aug. 10, 2020 PACER
58	MOTION to amend/correct the complaint with Brief in Support by plaintiffs 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC; (Attachments: # 1 Exhibit Proposed Second Amended Complaint) (Erskine, Scott) Modified text on 10/29/2020 (pjw). (Entered: 10/28/2020)	Oct. 28, 2020	Oct. 28, 2020 PACER
59	RESPONSE TO MOTION to amend/correct the complaint 58 with Cetificate of Service filed by Robert Gordon, Gretchen E. Whitmer (Attachments: # 1 Exhibit 1) (Fedynsky, John) (Entered: 11/12/2020)	Nov. 12, 2020	Nov. 12, 2020 PACER
60	UNOPPOSED MOTION for order Dismissing Baseline Fitness LLC by plaintiffs 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC; (Erskine, Scott) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 PACER
61	UNOPPOSED MOTION for order Dismissing Nascot Enterprises, LLC with brief support and certificate of compliance by plaintiffs 24/7 Bootcamp and Boxing Inc., 4 Seasons Gym, LLC, BYT Fitness 247 LLC, Baseline Fitness LLC, Building Your Temple LLC, Clawson Fitness, LLC, Clinton Fitness, Inc., D-Lux Karate University LLC, Fenton Athletic Club, Inc., Fenton Karate, LLC, Fusion Fitness 24/7 LLC, H3 Fitness LLC, I Fitness Personal Training, Inc., JKP Fitness, LLC, JPF Enterprises, LLC, Leauge of Independent Fitness Facilities and Trainers, Inc., M Fitness Club, LLC, MH & AB LLC, Motor City CF - St. Clair Shores, LLC, Nascot Enterprises, LLC, Prison City Physique LLC, RMP Fitness Inc., Strength Beyond LLC; (Erskine, Scott) Modified text on 12/16/2020 (eod) (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 PACER
62	ORDER granting 60 motion to dismiss plaintiff Baseline Fitness LLC; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
63	ORDER granting 61 motion to dismiss plaintiff Nascot Fitness, LLC; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
64	OPINION of USCA re appeal 43 dismissed for lack of jurisdiction, mandate to issue (ndj) Modified text on 2/10/2021 (ndj) (Entered: 02/04/2021)	Feb. 3, 2021	Feb. 3, 2021 RECAP
65	MANDATE of USCA re appeal 43 (ndj) (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER
66	OPINION AND ORDER granting 41 motion to dismiss; denying 58 motion to amend/correct; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 03/03/2021)	March 3, 2021	March 3, 2021 RECAP
67	JUDGMENT ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)	March 3, 2021	March 3, 2021 RECAP