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

Clearinghouse coding complete

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 …

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 Sixth Circuit, and then the district court, dismissed the case as moot.

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.

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)

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)

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)

Attorneys(s) for Plaintiff

Erskine, Scott M (Michigan)

Van Thomme, Carly Ann (Michigan)

Attorneys(s) 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

Anderson, Patrick (Michigan)

Peterson, Brian (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

March 3, 2021 Docket
1 (incl. 1-1 to 1-4)

Complaint for Declaratory and Injunctive Relief

May 22, 2020 Complaint
16 (& 16-1 to 16-4)

First Amended Complaint for Declaratory and Injunctive Relief

June 1, 2020 Complaint
32, 33 (& 33-1 to 33-19)

Motion for Preliminary Injunction

June 8, 2020 Pleading / Motion / Brief
35 (& 35-1 to 35-13)

Defendants' Response to Plaintiffs' Motion for Preliminary Injunction

League of Independent Fitness Facilities and Trainers v. Whitmer

June 12, 2020 Pleading / Motion / Brief
37 (& 37-1 to 37-4)

Plaintiffs' Reply Brief in Support of Motion for Preliminary Injunction

League of Independent Fitness Facilities and Trainers v. Whitmer

June 15, 2020 Pleading / Motion / Brief
41 (& 41-1 to 41-14)

Defendants Whitmer and Gordon's Motion to Dismiss

League of Independent Fitness Facilities and Trainers v. Whitmer

June 17, 2020 Pleading / Motion / Brief
42

Opinion

League of Independent Fitness Facilities and Trainers v. Whitmer

468 F.Supp.3d 940, 2020 WL 3421229

June 19, 2020 Order/Opinion
44-45

Defendants' Emergency Motion for Stay Pending Appeal

League of Independent Fitness Facilities and Trainers v. Whitmer

June 19, 2020 Pleading / Motion / Brief
48

Plaintiffs' Response in Opposition to Defendants' Motion for Stay

League of Independent Fitness Facilities and Trainers v. Whitmer

June 22, 2020 Pleading / Motion / Brief

Docket

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

Last updated May 12, 2022, 8 p.m.

ECF Number Description 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

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3 Exhibit Michigan Fitness Clubs Association Letter

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4 Exhibit LIFFT Letter to Governor

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May 22, 2020 Clearinghouse
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

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2 Exhibit Planet Fitness Letter

View on PACER

3 Exhibit Michigan Fitness Clubs Association Letter

View on PACER

4 Exhibit LIFFT Letter to Governor

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May 22, 2020 Clearinghouse

Filing Fee (Civil Case) - Credit Card Payment

May 22, 2020 PACER

Filing Fee (Civil Case) - Credit Card Payment

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 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 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 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 PACER

Attorney Appearance

May 22, 2020 PACER

Attorney Appearance

May 22, 2020 PACER
2

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

May 22, 2020 PACER
2

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

May 22, 2020 PACER
3

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

May 22, 2020 PACER
3

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 PACER
12

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

May 22, 2020 PACER
12

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

May 22, 2020 PACER
13

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

May 22, 2020 PACER
13

PROPOSED SUMMONS to be issued re 1 (Erskine, Scott) (Entered: 05/22/2020)

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 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 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 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 PACER
14

NOTICE that this case has been assigned Paul L. Maloney (clw) (Entered: 05/27/2020)

May 27, 2020 PACER
14

NOTICE that this case has been assigned Paul L. Maloney (clw) (Entered: 05/27/2020)

May 27, 2020 PACER
15

SUMMONS ISSUED as to defendants Robert Gordon, Gretchen E. Whitmer (clw) (Entered: 05/27/2020)

May 27, 2020 RECAP
15

SUMMONS ISSUED as to defendants Robert Gordon, Gretchen E. Whitmer (clw) (Entered: 05/27/2020)

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 PACER

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

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 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew J. Jurgensen on behalf of defendants Robert Gordon, Gretchen E. Whitmer (Jurgensen, Andrew)

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 PACER

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

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 PACER

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

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 PACER

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

May 28, 2020 PACER

Attorney Appearance

May 28, 2020 PACER

Attorney Appearance

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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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June 1, 2020 Clearinghouse
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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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June 1, 2020 Clearinghouse

Attorney Appearance

June 1, 2020 PACER

Attorney Appearance

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 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 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 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 PACER
18

CORPORATE DISCLOSURE STATEMENT by 24/7 Bootcamp and Boxing Inc. (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
18

CORPORATE DISCLOSURE STATEMENT by 24/7 Bootcamp and Boxing Inc. (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 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 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 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 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 PACER
21

CORPORATE DISCLOSURE STATEMENT by D-Lux Karate University LLC (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
21

CORPORATE DISCLOSURE STATEMENT by D-Lux Karate University LLC (Erskine, Scott) (Entered: 06/01/2020)

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 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 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 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 PACER
24

CORPORATE DISCLOSURE STATEMENT by Fusion Fitness 24/7 LLC (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
24

CORPORATE DISCLOSURE STATEMENT by Fusion Fitness 24/7 LLC (Erskine, Scott) (Entered: 06/01/2020)

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 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 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 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 PACER
27

CORPORATE DISCLOSURE STATEMENT by MH & AB LLC (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
27

CORPORATE DISCLOSURE STATEMENT by MH & AB LLC (Erskine, Scott) (Entered: 06/01/2020)

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 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 PACER
29

CORPORATE DISCLOSURE STATEMENT by Prison City Physique LLC (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
29

CORPORATE DISCLOSURE STATEMENT by Prison City Physique LLC (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
30

CORPORATE DISCLOSURE STATEMENT by RMP Fitness Inc. (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
30

CORPORATE DISCLOSURE STATEMENT by RMP Fitness Inc. (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
31

CORPORATE DISCLOSURE STATEMENT by Strength Beyond LLC (Erskine, Scott) (Entered: 06/01/2020)

June 1, 2020 PACER
31

CORPORATE DISCLOSURE STATEMENT by Strength Beyond LLC (Erskine, Scott) (Entered: 06/01/2020)

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 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 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 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 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 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 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

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2 Exhibit A: Opinion and Order Denying Plaintiffs Motion

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3 Exhibit B: Summary Order, South Bay United Pentecostal Church v. Gavin

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4 Exhibit C: Modes of transmission of virus causing COVID-19

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5 Exhibit D: Social Distancing, Quarantine, and Isolation

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6 Exhibit E: Flattening the Coronavirus Curve

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7 Exhibit F: E.O. No. 2020-4

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8 Exhibit G: E.O. No. 2020-5

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9 Exhibit H: E.O. No. 2020-9

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10 Exhibit I: E.O. No. 2020-11

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11 Exhibit J: E.O. No. 2020-21

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12 Exhibit K: E.O. No. 2020-110

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13 Exhibit L: E.O. No. 2020-115

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June 12, 2020 Clearinghouse
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

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2 Exhibit A: Opinion and Order Denying Plaintiffs Motion

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3 Exhibit B: Summary Order, South Bay United Pentecostal Church v. Gavin

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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

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7 Exhibit F: E.O. No. 2020-4

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8 Exhibit G: E.O. No. 2020-5

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9 Exhibit H: E.O. No. 2020-9

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10 Exhibit I: E.O. No. 2020-11

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11 Exhibit J: E.O. No. 2020-21

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12 Exhibit K: E.O. No. 2020-110

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13 Exhibit L: E.O. No. 2020-115

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June 12, 2020 Clearinghouse
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 PACER
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 PACER

State / Territory: Michigan

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 22, 2020

Closing Date: March 3, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indoor fitness facility owners and operators

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor 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:

State law

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Commerce Power

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted