Case: Priorities USA v. Nessel

4:19-cv-13341 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 12, 2019

Case Ongoing

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Case Summary

This lawsuit was filed on November 12, 2019 in the U.S. District Court for the Eastern District of Michigan. The plaintiff, a left-wing advocacy group called Priorities USA, sued Michigan Attorney General Dana Nessel in her official capacity. They were represented by private counsel. The group claimed that two Michigan laws, the "Voter Transportation Ban" and the "Absentee Ballot Organizing Ban," violated the U.S. Constitution. The Voter Transportation Ban prohibited the hiring of vehicles to bring voters to an election, unless that voter is physically unable to walk. The Absentee Ballot Organizing Ban created strict limits on the handling of absentee ballots by third parties. The lawsuit argues that these provisions were in violation of the First and Fourteenth Amendments of the United States. The provisions violated the First Amendment, the complaint argued, in that they created an undue burden to vote and they violated the organization's rights to free speech and association. The Fourteenth Amendment charge asserted that the provisions violated the Equal Protection Clause because they only exempted one type of disability -- people unable to walk -- while leaving out many other people who cannot transport themselves to the polls, including people with visual and other physical impairments. The plaintiffs sought declaratory and injunctive relief, along with attorney's fees and costs.

The case was assigned to District Judge Mark A. Goldsmith and Magistrate Judge R. Steven Whalen.

A month later, the defendants filed a motion to dismiss on several grounds. First, they argued that the plaintiff lacked standing, as they had not been injured and could not sue as a representative. The motion also argued that the plaintiff did not state a claim upon which relief could be granted with regards to both the Voter Transportation Ban and to the Absentee Ballot Organizing Ban. The defendants argued that the laws only minimally burdened rights to vote and rights to free speech, and were supported by important interests. Judge Goldsmith issued an order on December 23 suggesting that the plaintiffs amend their complaint. In response, the plaintiffs filed an amended complaint on January 27, 2020.

The new amended complaint added two new plaintiffs. The first, Rise, Inc. was a student-run voter mobilization group operating in Michigan and California. The second, Detroit/Downriver Chapter of the A. Philip Randolph Institute (DAPRI) was a self-described "senior constituency group" of the AFL-CIO. The amended complaint also made changes to the underlying complaints. The first count now alleged that the Absentee Ballot Organizing Ban violated the Due Process Clause of the Fourteenth Amendment by being unconstitutionally vague. The amended complaint retained the arguments that the Absentee Ballot Organizing Ban was in violation of free speech and free association rights, and also that it created an undue burden regarding the right to vote. They also inserted a new argument, claiming that the state laws conflicted with Section 208 of the Voting Rights Act (which holds that voters can choose from whom they receive assistance in voting if they are blind, disabled, or unable to read/write). The plaintiffs put forth many of the same claims with regards to the Voter Transportation Ban in the amended complaint, claiming that it was unconstitutionally vague, violated free speech and association rights, created an undue burden to the right to vote, and was superseded by the Federal Election Campaign Act of 1973. Regulations pursuant to that act allow corporations and labor organizations to transport voters to and from the polls. They sought declaratory and injunctive relief, as well as attorney's fees and costs.

At the same time, the plaintiffs began a separate lawsuit with a complaint identical to the amended complaint under this docket. They claimed to have done this "out of an abundance of caution" to make sure that the new arguments regarding standing were properly considered. They immediately moved to consolidate the new case with this one, and the new case was dismissed on February 14, 2020.

On January 28, 2020, a day after the amended complaint was filed, the plaintiffs filed a motion for a preliminary and permanent injunction. Here, the plaintiffs argued that their claims were meritorious, that they would suffer irreparable harm if injunctive relief was not granted, that a preliminary injunction would not cause substantial harm to others, and that the injunction was in the public interest.

On the last day of January, the case was reassigned to District Judge Stephanie Dawkins Davis.

On February 10, the defendant filed a motion to dismiss the amended complaint, arguing the alterations made to the plaintiffs' complaint still did not grant them standing, because they had not shown that they were actually planning on participating in any of the prohibited behavior. They also argued that the federal statute regarding the Voting Rights Act and the Absentee Ballot Organizing Ban did not conflict, because the latter only prohibits third parties from actively requesting to take a voter's absentee ballot, whereas the Voting Rights Act ensures the voter's ability to ask for assistance in voting. Similarly, they argued that the Voter Transportation Ban did not conflict with the federal regulations, because the Voter Transportation Ban only forbade hiring someone for the purpose of taking the voter to the poll, but did not prohibit the plaintiffs from taking voters to the polls out of their own will.

A little over a week later, the defendants then filed a brief in opposition to the motion for a preliminary and permanent injunction. The brief more or less rehashed the same arguments they made in the motion to dismiss, adding that the plaintiffs would not face irreparable injury (but that the state would) and that an injunction would not be in the public interest.

Over the next few months, several other organizations submitted motions to intervene, including the Michigan Republican Party, the Republican National Committee, the Michigan House of Representatives, and the Michigan Senate. So on May 8, 2020, the court held a hearing regarding those parties' motions to intervene as well as the motion to dismiss. Two weeks later, the court issued an granting the parties' motions to intervene and granting in part and denying in part the defendant's motion to dismiss. The court dismissed Counts III and VII of the amended complaints, those being the allegations that the Absentee Ballot Organizing Ban and the Voter Transportation Ban constituted an undue burden to the right to vote. 2020 WL 2615766.

On June 1, the intervenors (the Michigan Republican Party and the Republican National Committee collectively and the Michigan House of Representatives and the Michigan Senate collectively) submitted similar responses to the amended complaint, which denied all of the allegations apart from the already dismissed counts, and asked that the court dismiss the case. They also submitted lists of affirmative defenses.

Two days later the defendant submitted a response to the amended complaint, which was more or less the same as what the intervenors had submitted.

Over the next few weeks, the intervenors responded to the motion for preliminary and permanent injunctions. The plaintiffs then filed a reply to the responses, and Judge Davis then scheduled a hearing for July 14 to listen to arguments regarding the proposed preliminary and permanent injunctions.

On September 17, 2020, the court issued an order granting the injunction with respect to the Voter Transportation Ban, because it found the ban to be preempted by federal law. 487 F. Supp. 3d 599. But the court denied the injunction as to the Absentee Ballot Organizing Ban, finding that the defendants had demonstrated that their interest in preventing fraud and abuse in the absentee ballot application process and maintaining public confidence in the absentee voting process were sufficiently important interests and were substantially related to the regulations set forth in the Absentee Ballot Organizing Ban. A week later, on September 24, 2020, the defendants appealed the order and requested a stay pending the appeal. The court denied the motion to stay on October 6, 2020, finding that a stay was not in the public’s best interest.

The U.S. Court of Appeals for the Sixth Circuit reversed the district court’s denial, granting the motion to stay on October 21, 2020. 978 F.3d 976 (2020). The court found that the harm to the legislature without a stay would be irreparable: the November 3, 2020, election would only take place once, and the legislature would lose its ability to regulate paid voter transportation for that election. The harm to the voter-advocacy organizations appeared to be modest, as the court concluded there were other ways, without violating Michigan’s statute, to take voters to the polls. Several months later, on July 20, 2021, the Sixth Circuit issued another order with respect to the injunction, reversing the district court’s decision to enjoin the Transportation Ban. 860 Fed.Appx. 419. The court found that the defendants were likely to succeed on the merits, and the plaintiffs faced no harm now that the 2020 election had passed.

Litigation continued, and the parties began discovery. On September 24, 2021, the defendants filed a motion to dismiss or, in the alternative, a judgment on the pleadings. Before the court could reach a decision on that motion, on March 21, 2022, both parties submitted motions for summary judgment. Judge Stephanie Dawkins, the presiding district court judge, was nominated to serve on the Sixth Circuit and the case was reassigned to Judge Stephen J. Murphy.

On September 15, 2022, the court issued an order granting the defendants’ motion for a judgment on the pleadings. The court found that the plaintiffs’ conduct related to the Absentee Ballot Organizing Ban lacked First Amendment protections, and even if the protections applied, both the Organizing Ban and the Transportation Ban satisfied the Anderson-Burdick framework for analyzing these challenges. No claims remained following this order, and any pending motions were rendered moot. On October 17, 2022, the court granted an extension of time for motions for attorneys’ fees.

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Summary Authors

Jack Hibbard (7/28/2020)

Simran Takhar (4/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16458002/parties/priorities-usa-v-nessel/

Judge(s)

Davis, Stephanie Dawkins (Michigan)

Attorney for Plaintiff

Almon-Griffin, Reina (Michigan)

Arora, Nitika (Michigan)

Beane, Amanda J. (Washington)

Bryant, Christopher James (District of Columbia)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Davis, Stephanie Dawkins (Michigan)

Goldsmith, Mark Allan (Michigan)

Whalen, R. Steven (Michigan)

Attorney for Plaintiff

Almon-Griffin, Reina (Michigan)

Arora, Nitika (Michigan)

Beane, Amanda J. (Washington)

Bryant, Christopher James (District of Columbia)

Elgart, Courtney (District of Columbia)

Elias, Marc Erik (District of Columbia)

Hamilton, Kevin J. (Washington)

Jasrasaria, Jyoti (Michigan)

Klein, Spencer W. (Michigan)

Mukerjee, Aaron Mihir (Michigan)

Prescott, Sarah (Michigan)

Sano, Hideaki (Michigan)

Attorney for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Expert/Monitor/Master/Other

Duraiswamy, Shankar (Michigan)

Eatherly, Steven R (Michigan)

Gonzalez, Joshua (Michigan)

Jones, Jonathan (Michigan)

Kohn, Brittney Danielle (Michigan)

Lewis, Aaron M. (Michigan)

McKeever, Susan M. (Michigan)

Meyers, Roger P (Michigan)

Richotte, Joseph E. (Michigan)

Seyferth, Patrick G (Michigan)

Steinberger, Michael K (Michigan)

Suwanda, Sarah (Michigan)

Wilder, Kurtis T (Michigan)

Young, Barrett (Michigan)

Zionts, David Meir (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:19-cv-13341	Docket [PACER]	June 26, 2020	June 26, 2020 Docket
1 4:19-cv-13341	Complaint for Declaratory and Injunctive Relief	Nov. 12, 2019	Nov. 12, 2019 Complaint
10 4:19-cv-13341	Defendant's Motion to Dismiss	Dec. 20, 2019	Dec. 20, 2019 Pleading / Motion / Brief
13 4:19-cv-13341	Order Regarding Motion to Dismiss	Dec. 23, 2019	Dec. 23, 2019 Order/Opinion
20 4:19-cv-13341	Motion for Consolidation of Related Cases	Jan. 27, 2020	Jan. 27, 2020 Pleading / Motion / Brief
17 4:19-cv-13341	Amended Complaint for Declaratory and Injunctive Relief	Jan. 27, 2020	Jan. 27, 2020 Complaint
22 4:19-cv-13341	Motion for a Preliminary and Permanent Injunction	Jan. 28, 2020	Jan. 28, 2020 Pleading / Motion / Brief
26, 26-1, 26-2 4:19-cv-13341	Defendant's Response to Plaintiffs' Motion to Consolidate	Feb. 7, 2020	Feb. 7, 2020 Pleading / Motion / Brief
27 4:19-cv-13341	Defendant's Motion to Dismiss Amended Complaint	Feb. 10, 2020	Feb. 10, 2020 Pleading / Motion / Brief
29 4:19-cv-13341	Order Denying Motion to Dismiss as Moot (ECF No. 10), Denying Motion to Expedite Without Prejudice (ECF No. 23), and Setting Briefing Schedule on Motion to Dismiss (ECF No. 27)	Feb. 11, 2020	Feb. 11, 2020 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Priorities USA v. Nessel Election Law @ Moritz	Plaintiffs challenge Michigan's Voter Transportation Ban and Absentee Ballot Organizing Ban, arguing that the bans violate the First and Fourteenth Amendments.	Nov. 12, 2019	Nov. 12, 2019 https://law.osu.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16458002/priorities-usa-v-nessel/

Last updated April 8, 2024, 3:14 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-7483386 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Prescott, Sarah) (Entered: 11/12/2019)	Nov. 12, 2019	Nov. 12, 2019 Clearinghouse
2	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Prescott, Sarah) (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019 PACER
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	Nov. 13, 2019	Nov. 13, 2019 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra)	Nov. 13, 2019	Nov. 13, 2019 PACER
3	SUMMONS Issued for Dana Nessel (LGra) (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019 PACER
4	NOTICE of Appearance by Marc E. Elias on behalf of Priorities USA. (Elias, Marc) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 RECAP
5	CERTIFICATE of Service/Summons Returned Executed. Priorities USA served on 11/15/2019, answer due 12/6/2019. (Elias, Marc) (Entered: 11/20/2019)	Nov. 20, 2019	Nov. 20, 2019 PACER
6	STIPULATED ORDER Extending Time for Defendant to Respond to Plaintiff's Complaint. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019 RECAP
7	ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Dana Nessel (Meingast, Heather) (Entered: 12/05/2019)	Dec. 5, 2019	Dec. 5, 2019 PACER
8	ATTORNEY APPEARANCE: Erik A. Grill appearing on behalf of Dana Nessel (Grill, Erik) (Entered: 12/05/2019)	Dec. 5, 2019	Dec. 5, 2019 PACER
9	Ex Parte MOTION for Leave to File Excess Pages for Motion to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019 PACER
10	MOTION to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 12/20/2019)	Dec. 20, 2019	Dec. 20, 2019 Clearinghouse
11	ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/23/2019)	Dec. 23, 2019	Dec. 23, 2019 RECAP
12	ORDER Granting Defendant's Ex Parte Motion for Leave to File Excess Pages (Dkt. 9 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/23/2019)	Dec. 23, 2019	Dec. 23, 2019 PACER
13	ORDER Regarding Motion to Dismiss. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/23/2019)	Dec. 23, 2019	Dec. 23, 2019 Clearinghouse
14	NOTICE of Appearance by Kevin J. Hamilton on behalf of Priorities USA. (Hamilton, Kevin) (Entered: 01/02/2020)	Jan. 2, 2020	Jan. 2, 2020 PACER
15	STIPULATED ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 01/09/2020)	Jan. 9, 2020	Jan. 9, 2020 PACER
16	STIPULATED ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS COMPLAINT. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 01/27/2020)	Jan. 27, 2020	Jan. 27, 2020 RECAP
17	AMENDED COMPLAINT filed by Priorities USA, Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute against Dana Nessel. NO NEW PARTIES ADDED. (Elias, Marc) (Entered: 01/27/2020)	Jan. 27, 2020	Jan. 27, 2020 Clearinghouse
18	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Rise, Inc. (Elias, Marc) (Entered: 01/27/2020)	Jan. 27, 2020	Jan. 27, 2020 PACER
19	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Detroit/Downriver Chapter of the A. Philip Randolph Institute (Elias, Marc) (Entered: 01/27/2020)	Jan. 27, 2020	Jan. 27, 2020 PACER
20	MOTION to Consolidate Cases by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 01/27/2020)	Jan. 27, 2020	Jan. 27, 2020 Clearinghouse
21	Ex Parte MOTION for Leave to File Excess Pages by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 01/28/2020)	Jan. 28, 2020	Jan. 28, 2020 PACER
22	MOTION for Preliminary Injunction by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Exhibit 1 - Brief in Support of Motion for Preliminary Injunction, # 2 Index of Exhibits 2 - Index, # 3 Exhibit 3 - Declaration of Chris Bryant, # 4 Exhibit 4 - Declaration of Guy Cecil, # 5 Exhibit 5 - Declaration of Andrea Hunter, # 6 Exhibit 6 - Declaration of Maxwell Lubin, # 7 Exhibit 7 - Declaration of Dr. Maxwell Palmer, # 8 Exhibit 8 - Declaration of Nse Ufot, # 9 Exhibit 9 - Letter to Defendant Attorney General Dana Nessel, # 10 Exhibit 10 - Letter to Michigan Secretary of State Jocelyn Benson and to Michigan Attorney General Dana Nessel, # 11 Exhibit 11 - Letter to Michigan County Prosecutor Carol Siemon, # 12 Exhibit 12 - Secretary of States Office, 2018 Michigan Election Results, # 13 Exhibit 13 - Danielle Burr, Update on Uber Drives the Vote, # 14 Exhibit 14 - National Conference of State Legislatures, State Laws Governing Early Voting, # 15 Exhibit 15 - National Conference of State Legislatures, Absentee and Early Voting, # 16 Exhibit 16 - Ashley Schafer, City preps for uptick of absentee voters, # 17 Exhibit 17 - Jackie Smith, Clerks prepare to handle spike in absentee voters in March presidential primary election, # 18 Exhibit 18 - Declaration of Andy Didorosi) (Elias, Marc) (Entered: 01/28/2020) 1 Exhibit 1 - Brief in Support of Motion for Preliminary Injunction View on RECAP 2 Index of Exhibits 2 - Index View on PACER 3 Exhibit 3 - Declaration of Chris Bryant View on PACER 4 Exhibit 4 - Declaration of Guy Cecil View on PACER 5 Exhibit 5 - Declaration of Andrea Hunter View on PACER 6 Exhibit 6 - Declaration of Maxwell Lubin View on PACER 7 Exhibit 7 - Declaration of Dr. Maxwell Palmer View on PACER 8 Exhibit 8 - Declaration of Nse Ufot View on PACER 9 Exhibit 9 - Letter to Defendant Attorney General Dana Nessel View on PACER 10 Exhibit 10 - Letter to Michigan Secretary of State Jocelyn Benson and to Michiga View on PACER 11 Exhibit 11 - Letter to Michigan County Prosecutor Carol Siemon View on PACER 12 Exhibit 12 - Secretary of States Office, 2018 Michigan Election Results View on PACER 13 Exhibit 13 - Danielle Burr, Update on Uber Drives the Vote View on PACER 14 Exhibit 14 - National Conference of State Legislatures, State Laws Governing Ear View on PACER 15 Exhibit 15 - National Conference of State Legislatures, Absentee and Early Votin View on PACER 16 Exhibit 16 - Ashley Schafer, City preps for uptick of absentee voters View on PACER 17 Exhibit 17 - Jackie Smith, Clerks prepare to handle spike in absentee voters in View on PACER 18 Exhibit 18 - Declaration of Andy Didorosi View on PACER	Jan. 28, 2020	Jan. 28, 2020 Clearinghouse
23	MOTION to Expedite by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Exhibit Brief in Support of Motion to Expedite) (Elias, Marc) (Entered: 01/28/2020) 1 Exhibit Brief in Support of Motion to Expedite View on PACER	Jan. 28, 2020	Jan. 28, 2020 PACER
24	RESPONSE to 23 MOTION to Expedite filed by Dana Nessel. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Letter from Perkins Coie to Attorney General Nessel, # 3 Exhibit B. Letter from Perkins Coie to Prosecutor Gary Rapp, # 4 Exhibit C. Emails between Sarah Prescott and Erik Grill) (Meingast, Heather) (Entered: 01/30/2020) 1 Index of Exhibits Exhibit List View on PACER 2 Exhibit A. Letter from Perkins Coie to Attorney General Nessel View on PACER 3 Exhibit B. Letter from Perkins Coie to Prosecutor Gary Rapp View on PACER 4 Exhibit C. Emails between Sarah Prescott and Erik Grill View on PACER	Jan. 30, 2020	Jan. 30, 2020 PACER
	Text-Only Reassignment Pursuant to Administrative Order	Jan. 31, 2020	Jan. 31, 2020 PACER
	Text-Only Order of reassignment from District Judge Mark A. Goldsmith to District Judge Stephanie Dawkins Davis pursuant to Administrative Order 20-AO-010. (SSch)	Jan. 31, 2020	Jan. 31, 2020 PACER
25	REPLY to Response re 23 MOTION to Expedite filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 01/31/2020)	Jan. 31, 2020	Jan. 31, 2020 PACER
26	RESPONSE to 20 MOTION to Consolidate Cases filed by Dana Nessel. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Email exchange between Erik Grill and Sarah Prescott) (Meingast, Heather) (Entered: 02/07/2020) 1 Index of Exhibits Exhibit List View on PACER 2 Exhibit A. Email exchange between Erik Grill and Sarah Prescott View on PACER	Feb. 7, 2020	Feb. 7, 2020 PACER
27	MOTION to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 02/10/2020)	Feb. 10, 2020	Feb. 10, 2020 Clearinghouse
28	Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss by Dana Nessel. (Meingast, Heather) (Entered: 02/10/2020)	Feb. 10, 2020	Feb. 10, 2020 PACER
	~Util - Terminate Motions	Feb. 11, 2020	Feb. 11, 2020 PACER
	Text-Only Order	Feb. 11, 2020	Feb. 11, 2020 PACER
	TEXT-ONLY ORDER GRANTING 21 Ex Parte MOTION for Leave to File Excess Pages filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Signed by District Judge Stephanie Dawkins Davis. (THal)	Feb. 11, 2020	Feb. 11, 2020 PACER
29	ORDER denying 10 Motion to Dismiss; denying 23 Motion to Expedite and setting briefing schedule on 27 Motion to Dismiss: Response due by 2/24/2020 and reply due by 2/28/2020. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 02/11/2020)	Feb. 11, 2020	Feb. 11, 2020 Clearinghouse
	Set/Reset Deadlines as to 27 MOTION to Dismiss . Response due by 2/24/2020; Reply due by 2/28/2020. (THal)	Feb. 11, 2020	Feb. 11, 2020 PACER
	Text-Only Order	Feb. 14, 2020	Feb. 14, 2020 PACER
	TEXT-ONLY ORDER Denying as Moot 20 MOTION to Consolidate Cases filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Signed by District Judge Stephanie Dawkins Davis. (THal)	Feb. 14, 2020	Feb. 14, 2020 PACER
30	RESPONSE to 22 MOTION for Preliminary Injunction filed by Dana Nessel. (Meingast, Heather) (Entered: 02/18/2020)	Feb. 18, 2020	Feb. 18, 2020 Clearinghouse
31	MOTION for Leave to File Excess Pages for Response in Opposition to Plaintiffs' Motion for Preliminary Injunction by Dana Nessel. (Meingast, Heather) (Entered: 02/18/2020)	Feb. 18, 2020	Feb. 18, 2020 PACER
	Text-Only Order	Feb. 19, 2020	Feb. 19, 2020 PACER
	TEXT-ONLY ORDER Granting 28 Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss filed by Dana Nessel. Signed by District Judge Stephanie Dawkins Davis. (THal)	Feb. 19, 2020	Feb. 19, 2020 PACER
32	NOTICE of Appearance by Kurtis T. Wilder on behalf of Republican National Committee, Michigan Republican Party. (Wilder, Kurtis) (Entered: 02/19/2020)	Feb. 19, 2020	Feb. 19, 2020 PACER
33	MOTION to Intervene by Michigan Republican Party, Republican National Committee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Wilder, Kurtis) (Entered: 02/19/2020) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	Feb. 19, 2020	Feb. 19, 2020 RECAP
34	NOTICE of Appearance by Steven R. Eatherly on behalf of Michigan Republican Party, Republican National Committee. (Eatherly, Steven) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 RECAP
35	[STRICKEN] ANSWER to Amended Complaint with Affirmative Defenses by Michigan Republican Party, Republican National Committee. (Eatherly, Steven) Modified on 6/4/2020 (THal). (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 RECAP
36	[STRICKEN] RESPONSE to 27 MOTION to Dismiss filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Exhibit 1-Declaration of Max Lubin) (Elias, Marc) Modified on 2/26/2020 (THal). (Entered: 02/24/2020)	Feb. 24, 2020	Feb. 24, 2020 PACER
37	Ex Parte MOTION for Leave to File Excess Pages by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 02/24/2020)	Feb. 24, 2020	Feb. 24, 2020 PACER
	Text-Only Order	Feb. 26, 2020	Feb. 26, 2020 PACER
	TEXT-ONLY ORDER GRANTING 31 MOTION for Leave to File Excess Pages for Response in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Dana Nessel. Signed by District Judge Stephanie Dawkins Davis. (THal)	Feb. 26, 2020	Feb. 26, 2020 PACER
38	ORDER granting in part 37 Motion for Leave to File Excess Pages and striking 36 Response. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 02/26/2020)	Feb. 26, 2020	Feb. 26, 2020 PACER
39	MOTION to Intervene by Michigan Senate, Michigan House of Representatives. (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 02/27/2020) 1 Exhibit 1 View on PACER	Feb. 27, 2020	Feb. 27, 2020 PACER
40	RESPONSE to 27 MOTION to Dismiss filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/02/2020)	March 2, 2020	March 2, 2020 Clearinghouse
41	REPLY to Response re 22 MOTION for Preliminary Injunction filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/03/2020)	March 3, 2020	March 3, 2020 Clearinghouse
42	RESPONSE to 39 MOTION to Intervene filed by Dana Nessel. (Meingast, Heather) (Entered: 03/04/2020)	March 4, 2020	March 4, 2020 PACER
43	RESPONSE to 33 MOTION to Intervene filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/04/2020)	March 4, 2020	March 4, 2020 PACER
44	REPLY to Response re 27 MOTION to Dismiss filed by Dana Nessel. (Meingast, Heather) (Entered: 03/09/2020)	March 9, 2020	March 9, 2020 Clearinghouse
	~Util - Terminate Motions	March 9, 2020	March 9, 2020 PACER
	Text-Only Order	March 9, 2020	March 9, 2020 PACER
45	Ex Parte MOTION for Leave to File Excess Pages for Reply Brief by Dana Nessel. (Meingast, Heather) (Entered: 03/09/2020)	March 9, 2020	March 9, 2020 PACER
	TEXT-ONLY ORDER GRANTING 45 Ex Parte MOTION for Leave to File Excess Pages for Reply Brief filed by Dana Nessel. Signed by District Judge Stephanie Dawkins Davis. (THal)	March 9, 2020	March 9, 2020 PACER
46	REPLY to Response re 33 MOTION to Intervene filed by Michigan Republican Party. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Certificate of Service) (Wilder, Kurtis) (Entered: 03/11/2020) 1 Index of Exhibits View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Certificate of Service View on PACER	March 11, 2020	March 11, 2020 Clearinghouse
47	NOTICE of Appearance by Christopher J. Bryant on behalf of Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Bryant, Christopher) (Entered: 03/12/2020)	March 12, 2020	March 12, 2020 PACER
48	RESPONSE to 39 MOTION to Intervene filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elias, Marc) (Entered: 03/12/2020)	March 12, 2020	March 12, 2020 Clearinghouse
49	REPLY to Response re 39 MOTION to Intervene Reply in Support of The Michigan Senate and Michigan House of Representatives' Motion to Intervene filed by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 03/19/2020)	March 19, 2020	March 19, 2020 Clearinghouse
50	NOTICE by Michigan House of Representatives, Michigan Senate re 39 MOTION to Intervene Notice of Supplemental Authority (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 03/27/2020) 1 Exhibit 1 View on PACER	March 27, 2020	March 27, 2020 PACER
51	NOTICE by Michigan House of Representatives, Michigan Senate re 39 MOTION to Intervene Notice of Supplemental Authority (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 03/28/2020) 1 Exhibit 1 View on PACER	March 28, 2020	March 28, 2020 PACER
52	NOTICE by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. re 51 Notice (Other), 50 Notice (Other) of Response to Notice of Supplemental Authority (Elias, Marc) (Entered: 03/30/2020)	March 30, 2020	March 30, 2020 PACER
53	NOTICE of Appearance by Courtney Elgart on behalf of Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Elgart, Courtney) (Entered: 03/31/2020)	March 31, 2020	March 31, 2020 PACER
54	NOTICE by Michigan House of Representatives, Michigan Senate re 39 MOTION to Intervene Notice of Supplemental Authority (Attachments: # 1 Exhibit 1) (Seyferth, Patrick) (Entered: 03/31/2020) 1 Exhibit 1 View on PACER	March 31, 2020	March 31, 2020 PACER
55	NOTICE OF HEARING on 33 MOTION to Intervene, 39 MOTION to Intervene, 27 MOTION to Dismiss . Motion Hearing set for 5/8/2020 11:00 AM before District Judge Stephanie Dawkins Davis in Flint. (THal) (Entered: 04/18/2020)	April 18, 2020	April 18, 2020 PACER
56	NOTICE Concerning Zoom Virtual Court/Chambers Proceedings as to 39 MOTION to Intervene, 33 MOTION to Intervene, 27 MOTION to Dismiss. (THal) (Entered: 05/06/2020)	May 6, 2020	May 6, 2020 PACER
57	NOTICE of Appearance by Michael K. Steinberger on behalf of Michigan House of Representatives, Michigan Senate. (Steinberger, Michael) (Entered: 05/07/2020)	May 7, 2020	May 7, 2020 PACER
58	ATTORNEY APPEARANCE: Amanda Beane appearing on behalf of Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. Appearance of Amanda Beane (Beane, Amanda) (Entered: 05/07/2020)	May 7, 2020	May 7, 2020 PACER
	Minute Entry for proceedings before District Judge Stephanie Dawkins Davis: Motion Hearing held via Zoom on 5/8/2020 re 39 MOTION to Intervene filed by Michigan Senate, Michigan House of Representatives, 33 MOTION to Intervene filed by Michigan Republican Party, Republican National Committee, 27 MOTION to Dismiss filed by Dana Nessel. Disposition: Motions taken under advisement (Court Reporter: Rob Smith) (THal)	May 8, 2020	May 8, 2020 PACER
59	ORDER granting in part and denying in part 27 Motion to Dismiss. Signed by District Judge Stephanie Dawkins Davis. (Brown, A.) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 Clearinghouse
60	ORDER granting 33 Motion to Intervene; granting 39 Motion to Intervene. Signed by District Judge Stephanie Dawkins Davis. (Brown, A.) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 Clearinghouse
61	ANSWER to Amended Complaint with Affirmative Defenses by Michigan Republican Party, Republican National Committee. (Wilder, Kurtis) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 Clearinghouse
62	ANSWER to Amended Complaint with Affirmative Defenses by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 06/01/2020)	June 1, 2020	June 1, 2020 Clearinghouse
63	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Republican National Committee (Wilder, Kurtis) (Entered: 06/02/2020)	June 2, 2020	June 2, 2020 PACER
64	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Michigan Republican Party (Wilder, Kurtis) (Entered: 06/02/2020)	June 2, 2020	June 2, 2020 PACER
65	ANSWER to Amended Complaint with Affirmative Defenses by Dana Nessel. (Meingast, Heather) (Entered: 06/03/2020)	June 3, 2020	June 3, 2020 Clearinghouse
66	TRANSCRIPT of Motion Hearings held on 05/08/2020. (Court Reporter: Robert L. Smith) (Number of Pages: 64) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/25/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/2/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter Robert L Smith (ph. 313-234-2612) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Smith, R.) (Entered: 06/04/2020)	June 4, 2020	June 4, 2020 PACER
67	Ex Parte MOTION for Leave to File Excess Pages for Response to Plaintiffs' Motion for a Preliminary and Permanent Injunction by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
68	RESPONSE to 22 MOTION for Preliminary Injunction filed by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 Clearinghouse
69	Ex Parte MOTION for Leave to File Excess Pages by Michigan Republican Party, Republican National Committee. (Wilder, Kurtis) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
70	RESPONSE to 22 MOTION for Preliminary Injunction filed by Michigan Republican Party, Republican National Committee. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7) (Wilder, Kurtis) (Entered: 06/05/2020) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER	June 5, 2020	June 5, 2020 Clearinghouse
	TEXT-ONLY ORDER GRANTING 69 Ex Parte MOTION for Leave to File Excess Pages filed by Michigan Republican Party, Republican National Committee and GRANTING 67 Ex Parte MOTION for Leave to File Excess Pages for Response to Plaintiffs' Motion for a Preliminary and Permanent Injunction filed by Michigan Senate, Michigan House of Representatives. Signed by District Judge Stephanie Dawkins Davis. (THal)	June 8, 2020	June 8, 2020 PACER
	Text-Only Order	June 8, 2020	June 8, 2020 PACER
71	Ex Parte MOTION for Leave to File Excess Pages (unopposed) by All Plaintiffs. (Prescott, Sarah) (Entered: 06/12/2020)	June 12, 2020	June 12, 2020 PACER
72	REPLY to Response re 22 MOTION for Preliminary Injunction filed by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Courtney Elgart, # 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) (Elias, Marc) (Entered: 06/12/2020) 1 Index of Exhibits View on PACER 2 Exhibit Declaration of Courtney Elgart View on PACER 3 Exhibit A View on PACER 4 Exhibit B View on PACER 5 Exhibit C View on PACER 6 Exhibit D View on PACER 7 Exhibit E View on PACER 8 Exhibit F View on PACER 9 Exhibit G View on PACER 10 Exhibit H View on PACER 11 Exhibit I View on PACER	June 12, 2020	June 12, 2020 Clearinghouse
	TEXT-ONLY ORDER granting 71 Ex Parte MOTION for Leave to File Excess Pages (unopposed) filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Signed by District Judge Stephanie Dawkins Davis. (THal)	June 17, 2020	June 17, 2020 PACER
	Text-Only Order	June 17, 2020	June 17, 2020 PACER
73	NOTICE by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. re 22 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Exhibit Deon v. Barasch) (Elias, Marc) (Entered: 06/26/2020) 1 Exhibit Deon v. Barasch View on PACER	June 26, 2020	June 26, 2020 RECAP
74	NOTICE OF HEARING BY VIDEO CONFERENCE on 22 MOTION for Preliminary Injunction . Motion Hearing set for 7/14/2020 11:00 AM before District Judge Stephanie Dawkins Davis \|Zoom Webinar Information: https://zoom.us/j/92538684766?pwd=ZXZxczRGdTU2and1ZDlsV1JUSWZzdz09 Password: 229158 Or iPhone one-tap : US: +16027530140,,92538684766#,,,,0#,,229158# or +12133388477,,92538684766#,,,,0#,,229158#\| (THal) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
75	NOTICE by Michigan Republican Party, Republican National Committee re 70 Response to Motion, for Preliminary and Permanent Injunction (Wilder, Kurtis) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 RECAP
	Minute Entry for proceedings before District Judge Stephanie Dawkins Davis: Motion Hearing held via Zoom Webinar on 7/14/2020 re 22 MOTION for Preliminary Injunction filed by Rise, Inc., Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA. Disposition: Motion taken under advisement (Court Reporter: Rob Smith) (THal)	July 14, 2020	July 14, 2020 PACER
76	NOTICE by Detroit/Downriver Chapter of the A. Philip Randolph Institute, Priorities USA, Rise, Inc. of Supplemental Authority (Attachments: # 1 Exhibit Supplemental Authority) (Elias, Marc) (Entered: 07/30/2020) 1 Exhibit Supplemental Authority View on PACER	July 30, 2020	July 30, 2020 PACER
77	NOTICE by Michigan Republican Party, Republican National Committee re 22 MOTION for Preliminary Injunction (Attachments: # 1 Index of Exhibits, # 2 Exhibit A) (Wilder, Kurtis) (Entered: 08/05/2020) 1 Index of Exhibits View on PACER 2 Exhibit A View on PACER	Aug. 5, 2020	Aug. 5, 2020 PACER