Case: Powell v. Benson

2:20-cv-11023 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 25, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. This suit was filed on April 25, 2020 in the U.S. District Court for the Eastern District of Michigan. The suit was brought by two individual plaintiffs, each blind, against Michigan Secretary of State Jocelyn Benson and Michigan Director of Elections Jonathan Brater. The plaintiffs were represented by private counsel. The lawsuit argued tha…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. This suit was filed on April 25, 2020 in the U.S. District Court for the Eastern District of Michigan. The suit was brought by two individual plaintiffs, each blind, against Michigan Secretary of State Jocelyn Benson and Michigan Director of Elections Jonathan Brater. The plaintiffs were represented by private counsel. The lawsuit argued that the system for administering absentee ballots was insufficient for blind people, especially regarding the lack of privacy and independence. This was especially important as Secretary of State Benson sent absentee ballot applications to all eligible Michigan voters amidst the COVID-19 pandemic. The suit alleged this insufficiency constituted a violation of Title II of the Americans with Disabilities Act (ADA). Moreover, a regulation pursuant to the ADA required any aid administered to protect the privacy and independence of people with disabilities. The plaintiffs also sued under Michigan state law, citing the Michigan Persons with Disabilities Civil Rights Act. This act prohibited discrimination against people with disabilities on the basis of that disability with regard to public services. They sought a preliminary and permanent injunction, requiring defendants to create a more accessible form of absentee voting, and declaratory relief. They also sought attorney's costs and fees.

The plaintiffs simultaneously submitted a motion for a preliminary injunction. In addition to the claims made in the complaint, they also added that failure to provide adequate absentee voting systems would result in spread of the virus. The plaintiffs added that the balance of equities weighs in their favor and that they would suffer irreparable harm without the relief.

The case was assigned to District Judge Gershwin A. Drain and Magistrate Judge Michael J. Hluchaniuk.

Three days later, on April 28, the plaintiffs submitted an amended complaint, which left the claims more or less the same, but added the National Federation of the Blind of Michigan as a plaintiff.

On May 1, in response to a motion for a temporary restraining order, the parties entered into a consent order which would make Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) ballots eligible to voters who swore to be blind or severely disabled. Voters were given until May 5 to register. However, by May 15, the parties agreed to a more comprehensive and longer-lasting consent order. The order required that defendants establish a remote accessible vote-by-mail system (RAVBM) by the August primary elections. If this were to become impracticable, defendants would have to inform the plaintiffs immediately and expand the (UOCAVA) system. The order lasted 30 months after the effective date.

On June 29, the defendants submitted a status report which said that they found that implementing a RAVBM system by the time of the election would have been impracticable. Instead, they opted for expansion of the Uniformed and Overseas Citizens Absentee Voting Act system.

However, this was not satisfactory to the plaintiffs. On the same day, they filed a motion to hold the defendants and their attorneys in civil contempt and to enforce the consent order. The plaintiffs claimed that the defendants had not made a good-faith effort to implement the RAVBM system, they failed to offer online absentee voting applications in an equal manner, and by failing to issue a timely press release.

Regarding the failure to implement the RAVBM system, on July 13 the judge ordered defendants to continue with the UOCAVA system, to modify the online absentee ballot request system in order to make it more accessible, and to continue implementation of the RAVBM system. While the schedule for the last item would not make the RAVBM system ready by the primary election, it was to be fully implemented by September 10, 2020, well ahead of the November general election. The court did not rule on the motion to hold defendants in civil contempt in this order.

The case is ongoing as of July 28, 2020.

Summary Authors

Jack Hibbard (7/28/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17101057/parties/powell-v-benson/


Judge(s)

Drain, Gershwin Allen (Michigan)

Hluchaniuk, Michael J. (Michigan)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Kaiser, Ryan Thomas (Michigan)

Mittleman, David S (Michigan)

Nyman, Melissa (California)

Turkish, Jason M. (Michigan)

Attorneys(s) for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Miller, Jeanmarie (Michigan)

Judge(s)

Drain, Gershwin Allen (Michigan)

Hluchaniuk, Michael J. (Michigan)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Kaiser, Ryan Thomas (Michigan)

Mittleman, David S (Michigan)

Nyman, Melissa (California)

Turkish, Jason M. (Michigan)

Attorneys(s) for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Miller, Jeanmarie (Michigan)

Expert/Monitor/Master

Nessel, Dana M. (Michigan)

Documents in the Clearinghouse

Document

2:20-cv-11023

Docket [PACER]

July 31, 2020

July 31, 2020

Docket
2

2:20-cv-11023

Plaintiffs' Motion for Preliminary Injunction

April 25, 2020

April 25, 2020

Pleading / Motion / Brief
1

2:20-cv-11023

Complaint for Declaratory and Injunctive Relief

April 25, 2020

April 25, 2020

Complaint
13

2:20-cv-11023

Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief

April 28, 2020

April 28, 2020

Complaint
24

2:20-cv-11023

Stipulation and Consent Order Resolving Plaintiffs' Motion for Temporary Restraining Order [ECF #16]

May 1, 2020

May 1, 2020

Order/Opinion
31

2:20-cv-11023

Consent Decree

May 19, 2020

May 19, 2020

Order/Opinion
33

2:20-cv-11023

Plaintiffs' Motion for Judgment of Civil Contempt Against Jocelyn Benson, Jonathan Brater, Erik Grill, and Heather Meingast, and to Enforce the Consent Decree [ECF #31]

June 29, 2020

June 29, 2020

Pleading / Motion / Brief
36, 36-2

2:20-cv-11023

Defendants' Amended Status Report 06/29/2020

June 29, 2020

June 29, 2020

Pleading / Motion / Brief
48

2:20-cv-11023

Order Regarding Implementation of Consent Decree [#31]

July 31, 2020

July 31, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17101057/powell-v-benson/

Last updated Aug. 4, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-7763098 - Fee: $ 400. County of 1st Plaintiff: Macomb - County Where Action Arose: Macomb - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Turkish, Jason) (Entered: 04/25/2020)

April 25, 2020

April 25, 2020

RECAP
2

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- Declaration of Michael Powell, # 3 Exhibit 2- Declaration of Fred Wurtzel, # 4 Exhibit 3- Esshaki v. Whitmer) (Turkish, Jason) (Entered: 04/25/2020)

1 Index of Exhibits

View on PACER

2 Exhibit 1- Declaration of Michael Powell

View on PACER

3 Exhibit 2- Declaration of Fred Wurtzel

View on PACER

4 Exhibit 3- Esshaki v. Whitmer

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April 25, 2020

April 25, 2020

RECAP
3

SUMMONS Issued for *Jocelyn Benson* (SKra) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

April 27, 2020

April 27, 2020

PACER
4

SUMMONS Issued for *Jonathan Brater* (SKra) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

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 (SKra)

April 27, 2020

April 27, 2020

PACER
5

NOTICE of Appearance by Ryan Thomas Kaiser on behalf of All Plaintiffs. (Kaiser, Ryan) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
6

ORDER Requiring Service and Setting Response and Hearing Date re 2 MOTION for Preliminary Injunction filed by Fred Wurtzel, Michael Powell., Set Motion and R&R Deadlines/Hearings as to 2 MOTION for Preliminary Injunction :( Response due by 4/30/2020, Motion Hearing set for 5/1/2020 at 4:00 PM before District Judge Gershwin A. Drain, Reply due by 5/1/2020) [SEE ORDER FOR DETAILS] Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
7

NOTICE of Appearance by Heather S. Meingast on behalf of Jocelyn Benson, Jonathan Brater. (Meingast, Heather) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
8

NOTICE of Appearance by Erik A. Grill on behalf of Jocelyn Benson, Jonathan Brater. (Grill, Erik) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
9

CERTIFICATE of Service/Summons Returned Executed. Jonathan Brater served on 4/27/2020, answer due 5/18/2020. (Attachments: # 1 Exhibit 1- Service Email) (Turkish, Jason) (Entered: 04/27/2020)

1 Exhibit 1- Service Email

View on PACER

April 27, 2020

April 27, 2020

PACER
10

CERTIFICATE of Service/Summons Returned Executed. Jocelyn Benson served on 4/27/2020, answer due 5/18/2020. (Attachments: # 1 Exhibit 1- Service Email) (Turkish, Jason) (Entered: 04/27/2020)

1 Exhibit 1- Service Email

View on PACER

April 27, 2020

April 27, 2020

PACER
11

NOTICE of Appearance by David S. Mittleman on behalf of All Plaintiffs. (Mittleman, David) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
12

NOTICE of Appearance by Melissa Nyman on behalf of All Plaintiffs. (Nyman, Melissa) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
13

AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Turkish, Jason) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
14

NOTICE of Appearance by Eve Lynn Hill on behalf of National Federation of the Blind of Michigan, Michael Powell, Fred Wurtzel. (Hill, Eve) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
15

NOTICE by National Federation of the Blind of Michigan, Michael Powell, Fred Wurtzel re 2 MOTION for Preliminary Injunction Notice of Joining Co-Plaintiffs' Motion for Preliminary Injunction (Hill, Eve) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
16

Ex Parte MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- Military and Overseas Voter Manual, # 3 Exhibit 2- Declaration of Lou Ann Blake, # 4 Exhibit 3- Absentee Voting in Michigan) (Turkish, Jason) (Entered: 04/29/2020)

1 Index of Exhibits

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2 Exhibit 1- Military and Overseas Voter Manual

View on PACER

3 Exhibit 2- Declaration of Lou Ann Blake

View on PACER

4 Exhibit 3- Absentee Voting in Michigan

View on PACER

April 29, 2020

April 29, 2020

PACER
17

RESPONSE to 2 MOTION for Preliminary Injunction filed by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Jonathan Brater, # 3 Exhibit B. McNeilly v Land) (Grill, Erik) (Entered: 04/29/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit A. Declaration of Jonathan Brater

View on PACER

3 Exhibit B. McNeilly v Land

View on PACER

April 29, 2020

April 29, 2020

PACER
18

REPLY to Response re 2 MOTION for Preliminary Injunction, 16 Ex Parte MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- Declaration of Fred Wurtzel, # 3 Exhibit 2- Declaration of Anne Taylor (NFB v. Lamone)) (Turkish, Jason) (Entered: 04/30/2020)

1 Index of Exhibits

View on PACER

2 Exhibit 1- Declaration of Fred Wurtzel

View on PACER

3 Exhibit 2- Declaration of Anne Taylor (NFB v. Lamone)

View on PACER

April 30, 2020

April 30, 2020

PACER
19

NOTICE TO APPEAR: Telephonic Status Conference set for 4/30/2020 at 3:30 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
20

SUPPLEMENTAL BRIEF re 18 Reply to Response to Motion, regarding additional exhibit filed by Michael Powell, Fred Wurtzel. (Attachments: # 1 Exhibit 1- Genesee County Notice) (Kaiser, Ryan) (Entered: 04/30/2020)

1 Exhibit 1- Genesee County Notice

View on PACER

April 30, 2020

April 30, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: Telephonic Status Conference held on 4/30/2020 (Court Reporter: Merilyn Jones) (TMcg)

April 30, 2020

April 30, 2020

PACER
21

ORDER Appointing the Honorable Judith E. Levy as Facilitator re 1 Complaint. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Settlement Conference held on 4/30/2020 Disposition: To be continued on 5/1/2020 (Court Reporter: None Present, Not on the Record) (WBar)

April 30, 2020

April 30, 2020

PACER
22

NOTICE Concerning Zoom Virtual Court/Chambers Proceedings re 6 Order, Set Motion and R&R Deadlines/Hearings. (TMcg) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

Text-Only Notice of Hearing Cancelled

May 1, 2020

May 1, 2020

PACER
23

NOTICE by All Plaintiffs re 18 Reply to Response to Motion, regarding supplemental authority (Attachments: # 1 Exhibit 1- Lucas v. Townsend) (Turkish, Jason) (Entered: 05/01/2020)

1 Exhibit 1- Lucas v. Townsend

View on PACER

May 1, 2020

May 1, 2020

PACER

TEXT-ONLY NOTICE:Motion Hearing on 5/1/2020 is Cancelled re 6 Order,,, Set Motion and R&R Deadlines/Hearings,, (TMcg)

May 1, 2020

May 1, 2020

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Settlement Conference held on 5/1/2020 Disposition: Settlement reached (Court Reporter: None Present, Not on the Record) (WBar)

May 1, 2020

May 1, 2020

PACER
24

STIPULATION AND Consent Order Resolving Plaintiffs' 16 Ex Parte MOTION for Temporary Restraining Order. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
25

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/4/2020 at 4:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER

~Util - Set Deadlines/Hearings

May 4, 2020

May 4, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: Telephonic Status Conference held on 5/4/2020, ( TELEPHONIC Scheduling Conference set for 5/8/2020 at 3:00 PM before District Judge Gershwin A. Drain) (Court Reporter: Merilyn Jones) (TMcg)

May 4, 2020

May 4, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: ZOOM Telephonic Scheduling Conference held on 5/11/2020, Telephonic Status Conference held on 5/11/2020 (Court Reporter: Merilyn Jones) (TMcg)

May 11, 2020

May 11, 2020

PACER
26

SCHEDULING ORDER Regarding Preliminary Injunction :, Set Motion and R&R Deadlines/Hearings as to 2 MOTION for Preliminary Injunction :( Response due by 5/27/2020, Motion Hearing set for 6/2/2020 10:00 AM before District Judge Gershwin A. Drain) Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (TMcg) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
27

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/14/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
28

OBJECTION to Plaintiffs' Notice of Deposition by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Plaintiffs' Notice of Deposition) (Grill, Erik) (Entered: 05/13/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Plaintiffs' Notice of Deposition

View on PACER

May 13, 2020

May 13, 2020

PACER
29

NOTICE by All Plaintiffs re 28 Objection (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Turkish, Jason) (Entered: 05/13/2020)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

May 13, 2020

May 13, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: (Zoom) Telephonic Status Conference held on 5/14/2020 (Court Reporter: Merilyn Jones) (TMcg)

May 14, 2020

May 14, 2020

PACER
30

ORDER Overruling Defendants' 28 Objection to Plaintiffs' Notice of Deposition re Status Conference. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
31

CONSENT DECREE ORDER re 1 Complaint, filed by Fred Wurtzel, Michael Powell. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
32

MOTION Status Conference re 31 Order unopposed by All Plaintiffs. (Attachments: # 1 Exhibit 1- Letter to Opposing Counsel) (Turkish, Jason) (Entered: 06/26/2020)

1 Exhibit 1- Letter to Opposing Counsel

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June 26, 2020

June 26, 2020

PACER
33

MOTION to Enforce Judgment and for Civil Contempt by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- May 8, 2020 Transcript, # 3 Exhibit 2- June 26, 2020 Grill Email, # 4 Exhibit 3- June 26, 2020 Brater Email, # 5 Exhibit 4- May 14, 2020 Transcript, # 6 Exhibit 5- Email Exchange) (Turkish, Jason) (Entered: 06/29/2020)

1 Index of Exhibits

View on PACER

2 Exhibit 1- May 8, 2020 Transcript

View on PACER

3 Exhibit 2- June 26, 2020 Grill Email

View on PACER

4 Exhibit 3- June 26, 2020 Brater Email

View on PACER

5 Exhibit 4- May 14, 2020 Transcript

View on PACER

6 Exhibit 5- Email Exchange

View on PACER

June 29, 2020

June 29, 2020

RECAP
34

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/2/2020 03:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
35

Defendants' Status Report REPORT by Jocelyn Benson, Jonathan Brater (Grill, Erik) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
36

Defendants' Amended Status REPORT by Jocelyn Benson, Jonathan Brater (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Request for Proposal) (Grill, Erik) (Entered: 06/29/2020)

1 Index of Exhibits Exhibit List

View on PACER

2 Exhibit A. Request for Proposal

View on PACER

June 29, 2020

June 29, 2020

PACER
37

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/7/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: ZOOM Telephonic Status Conference held on 7/2/2020 (Court Reporter: Merilyn Jones) (TMcg)

July 2, 2020

July 2, 2020

PACER

Set Deadlines/Hearings: TELEPHONIC ZOOM Status Conference reset for 7/7/2020 at 4:00 PM before District Judge Gershwin A. Drain (TMcg)

July 2, 2020

July 2, 2020

PACER

Set Deadlines/Hearings: Status Conference reset for 7/7/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg)

July 6, 2020

July 6, 2020

PACER
38

NOTICE of Appearance by Jeanmarie Miller on behalf of Jocelyn Benson, Jonathan Brater. (Miller, Jeanmarie) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
39

NOTICE by Jocelyn Benson, Jonathan Brater re Set Deadlines/Hearings, 34 Notice to Appear Objections to Plaintiffs' Proposed Order (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Declaration of James Colangelo, # 3 Exhibit 2. Declaration of Andrew Mason, # 4 Exhibit 3. Request for Proposal, # 5 Exhibit 4. Proposed order) (Miller, Jeanmarie) (Entered: 07/07/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Declaration of James Colangelo

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3 Exhibit 2. Declaration of Andrew Mason

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4 Exhibit 3. Request for Proposal

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5 Exhibit 4. Proposed order

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July 7, 2020

July 7, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: Telephonic Status Conference held on 7/7/2020, ( ZOOM TELEPHONIC Status Conference set for 7/8/2020 at 2:00 PM before District Judge Gershwin A. Drain) (Court Reporter: Merilyn Jones) (TMcg)

July 7, 2020

July 7, 2020

PACER
40

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/8/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

~Util - Set Deadlines/Hearings

July 7, 2020

July 7, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: Zoom Telephonic Status Conference held on 7/8/2020 (Court Reporter: Leann Lizza) (TMcg)

July 8, 2020

July 8, 2020

PACER
41

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/10/2020 at 2:00 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
42

TRANSCRIPT of Status Conference held on April 30, 2020. (Court Reporter: Merilyn Jones) (Number of Pages: 22) 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 8/3/2020. Redacted Transcript Deadline set for 8/12/2020. Release of Transcript Restriction set for 10/13/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 07/12/2020)

July 12, 2020

July 12, 2020

PACER
43

TRANSCRIPT of Status Conference held on May 4, 2020. (Court Reporter: Merilyn Jones) (Number of Pages: 19) 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
44

TRANSCRIPT of Status Conference held on May 8, 2020. (Court Reporter: Merilyn Jones) (Number of Pages: 31) 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
45

TRANSCRIPT of Motion held on May 14, 2020. (Court Reporter: Merilyn Jones) (Number of Pages: 23) 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: Zoom Telephonic Status Conference held on 7/13/2020 (Court Reporter: Leann Lizza) (TMcg)

July 13, 2020

July 13, 2020

PACER
46

TRANSCRIPT of Status Conference held on 07/08/2020. (Court Reporter: Leann S. Lizza) (Number of Pages: 28) (Appeal Purposes) 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter (www.transcriptorders.com) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
47

TRANSCRIPT of Status Conference held on 07/10/2020. (Court Reporter: Leann S. Lizza) (Number of Pages: 23) (Appeal Purposes) 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 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter (www.transcriptorders.com) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
48

ORDER Regarding Implementation of Consent Decree 31 Order. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
49

[STRICKEN] RESPONSE to 33 MOTION to Enforce Judgment and for Civil Contempt filed by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Declaration of Jonathan Brater, # 3 Exhibit 2. Declaration of Heather Meingast, # 4 Exhibit 3. Declaration of Erik Grill) (Miller, Jeanmarie) Modified on 7/15/2020 (TMcg). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
50

Ex Parte MOTION for Leave to File Excess Pages by Jocelyn Benson, Jonathan Brater. (Miller, Jeanmarie) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

TEXT-ONLY ORDER Denying 50 Ex Parte MOTION for Leave to File Excess Pages filed by Jonathan Brater, Jocelyn Benson. Signed by District Judge Gershwin A. Drain. (TMcg)

July 15, 2020

July 15, 2020

PACER
51

MOTION Status Conference by All Plaintiffs. (Attachments: # 1 Exhibit 1- Email Exchange, # 2 Exhibit 2- Demand Letter, # 3 Exhibit 3- Response to Demand Letter, # 4 Exhibit 4- Declaration of Maryann Murad, # 5 Exhibit 5- Email to Apple) (Turkish, Jason) (Entered: 07/15/2020)

1 Exhibit 1- Email Exchange

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2 Exhibit 2- Demand Letter

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3 Exhibit 3- Response to Demand Letter

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4 Exhibit 4- Declaration of Maryann Murad

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5 Exhibit 5- Email to Apple

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July 15, 2020

July 15, 2020

PACER
52

STIPULATION AND ORDER Regarding Schedulilng Related to Plaintiffs' 33 MOTION to Enforce Judgment and for Civil Contempt Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER

TEXT-ONLY ORDER Striking 49 Response to Motionfor Failure to Comply with Page Limit for Motions under the Local Rule for the Eastern District of Michigan. Signed by District Judge Gershwin A. Drain. (TMcg)

July 15, 2020

July 15, 2020

PACER

TEXT-ONLY ORDER Directing a Response to 51 MOTION Status Conference filed by Fred Wurtzel, Michael Powell, National Federation of the Blind of Michigan., Set Motion and R&R Deadlines/Hearings as to 51 MOTION Status Conference :( Response due by 6:00 p.m. on 7/16/2020) Signed by District Judge Gershwin A. Drain. (TMcg)

July 15, 2020

July 15, 2020

PACER

Text-Only Order

July 15, 2020

July 15, 2020

PACER
53

RESPONSE to 51 MOTION Status Conference filed by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Survey, # 3 Exhibit 2. Dykstra Declaration) (Meingast, Heather) (Entered: 07/16/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Survey

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3 Exhibit 2. Dykstra Declaration

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July 16, 2020

July 16, 2020

PACER
54

EXHIBIT 2. Declaration Exhibits re 53 Response to Motion by Jocelyn Benson, Jonathan Brater (Meingast, Heather) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
55

MOTION for Reconsideration re Text-Only Order by Jocelyn Benson, Jonathan Brater. (Miller, Jeanmarie) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
56

MOTION for Leave to File supplemental exhibits by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Exhibit 6, # 2 Exhibit Proposed Exhibit 7) (Turkish, Jason) (Entered: 07/17/2020)

1 Exhibit Proposed Exhibit 6

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2 Exhibit Proposed Exhibit 7

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July 17, 2020

July 17, 2020

PACER
57

RESPONSE to 56 MOTION for Leave to File supplemental exhibits filed by Jocelyn Benson, Jonathan Brater. (Miller, Jeanmarie) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
58

REPLY to Response re 56 MOTION for Leave to File supplemental exhibits filed by All Plaintiffs. (Turkish, Jason) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
59

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/21/2020 at 2:30 PM before District Judge Gershwin A. Drain (TMcg) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
60

ORDER Modifying Page Limits 52 Stipulation and Order Regarding Scheduling Related to Plaintiffs' 55 MOTION for Reconsideration, Granting Plaintiffs' 56 MOTION for Leave to File Supplemental Exhibits, Setting Schedule for Status Conference. Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
61

RESPONSE to 33 MOTION to Enforce Judgment and for Civil Contempt filed by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Jonathan Brater, # 3 Exhibit B. Declaration of Heather Meingast, # 4 Exhibit C. Declaration of Erik Grill) (Meingast, Heather) (Entered: 07/21/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Declaration of Jonathan Brater

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3 Exhibit B. Declaration of Heather Meingast

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4 Exhibit C. Declaration of Erik Grill

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July 21, 2020

July 21, 2020

PACER

Minute Entry for proceedings before District Judge Gershwin A. Drain: ZoomTelephonic Status Conference held on 7/21/2020 (Court Reporter: Merilyn Jones) (TMcg)

July 21, 2020

July 21, 2020

PACER
62

REPLY to Response re 33 MOTION to Enforce Judgment and for Civil Contempt filed by All Plaintiffs. (Turkish, Jason) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
63

TRANSCRIPT of Status Conference held on 7/02/2020. (Court Reporter: Merilyn Jones) (Number of Pages: 26) 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 8/21/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/29/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
64

TRANSCRIPT of Status Conference held on 7/07/2020. (Court Reporter: Merilyn Jones) (Number of Pages: 47) 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 8/21/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/29/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
65

MOTION for Protective Order and Request for Expedited Consideration of Motion by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Email exchange, # 3 Exhibit B. Plaintiffs' discovery request to Defendants, # 4 Exhibit C. Declaration of Jocelyn Benson, # 5 Exhibit Unpublished Opinions) (Miller, Jeanmarie) (Entered: 08/10/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Email exchange

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3 Exhibit B. Plaintiffs' discovery request to Defendants

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4 Exhibit C. Declaration of Jocelyn Benson

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5 Exhibit Unpublished Opinions

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Aug. 10, 2020

Aug. 10, 2020

PACER
66

ORDER Setting Briefind Schedule and Hearing Date for Defendant's 65 MOTION for Protective Order and Request for Expedited Consideration of Motion filed by Jonathan Brater, Jocelyn Benson., Set Motion and R&R Deadlines/Hearings as to 65 MOTION for Protective Order and Request for Expedited Consideration of Motion :( Response due by 8/20/2020, Reply due by 8/24/2020, Motion Hearing set for 8/28/2020 at 10:00 AM before District Judge Gershwin A. Drain) Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
67

NOTICE OF HEARING BY VIDEO CONFERENCE on 65 MOTION for Protective Order and Request for Expedited Consideration of Motion. Motion Hearing set for 8/28/2020 11:00 AM before District Judge Gershwin A. Drain |Zoom Webinar Information: https://zoom.us/j/91711520101?pwd=TnVocjJJRVFPeTloV1ZBTEwrOG9zZz09 Passcode: 171264 Or iPhone one-tap : US: +13126266799,,91711520101#,,,,,,0#,,171264# or +13017158592,,91711520101#,,,,,,0#,,171264#| (TMcg) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
68

TRANSCRIPT of Status Conference held on 7/21/2020. (Court Reporter: Merilyn J. Jones) (Number of Pages: 23) 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 9/8/2020. Redacted Transcript Deadline set for 9/17/2020. Release of Transcript Restriction set for 11/16/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
69

RESPONSE to 65 MOTION for Protective Order and Request for Expedited Consideration of Motion filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- Declaration of Fred Wurtzel, # 3 Exhibit 2- Pistons Announcement) (Turkish, Jason) (Entered: 08/17/2020)

1 Index of Exhibits

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2 Exhibit 1- Declaration of Fred Wurtzel

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3 Exhibit 2- Pistons Announcement

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Aug. 17, 2020

Aug. 17, 2020

PACER
70

MOTION to Intervene by Proposed Plaintiff-Intervenor Maryann Murad by All Plaintiffs. (Attachments: # 1 Exhibit 1- Proposed Complaint in Intervention) (Turkish, Jason) (Entered: 08/17/2020)

1 Exhibit 1- Proposed Complaint in Intervention

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Aug. 17, 2020

Aug. 17, 2020

PACER

TEXT-ONLY ORDER Setting a Response and Reply Deadlines, Set Motion and R&R Deadlines/Hearings as to 70 MOTION to Intervene by Proposed Plaintiff-Intervenor Maryann Murad :( Response due by noon on 8/25/2020, Reply due by noon on 8/27/2020) Signed by District Judge Gershwin A. Drain. (TMcg)

Aug. 18, 2020

Aug. 18, 2020

PACER

Text-Only Order

Aug. 18, 2020

Aug. 18, 2020

PACER
71

MOTION TO EXTEND Motion for Additional Time to Respond to Discovery by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Email Search and Collection Instructions) (Miller, Jeanmarie) (Entered: 08/21/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Email Search and Collection Instructions

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Aug. 21, 2020

Aug. 21, 2020

PACER
72

RESPONSE to 71 MOTION TO EXTEND Motion for Additional Time to Respond to Discovery filed by All Plaintiffs. (Attachments: # 1 Exhibit 1- Aug. 21 Email Chain) (Turkish, Jason) (Entered: 08/22/2020)

1 Exhibit 1- Aug. 21 Email Chain

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Aug. 22, 2020

Aug. 22, 2020

PACER
73

ORDER Denying Defendant's 71 Motion for Additional Time to Respond to Discovery . Signed by District Judge Gershwin A. Drain. (TMcg) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
74

REPLY to Response re 65 MOTION for Protective Order and Request for Expedited Consideration of Motion filed by Jocelyn Benson, Jonathan Brater. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Email dated July 19, 2020, # 3 Exhibit 2. Def Sec of State's Response to Pls' "Individual" First Interrogatories & Request for Documents Dated 07/21/2020) (Miller, Jeanmarie) (Entered: 08/24/2020)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Email dated July 19, 2020

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3 Exhibit 2. Def Sec of State's Response to Pls' "Individual"

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Aug. 24, 2020

Aug. 24, 2020

PACER
75

NOTICE OF HEARING BY VIDEO CONFERENCE on 70 MOTION to Intervene by Proposed Plaintiff-Intervenor Maryann Murad, 65 MOTION for Protective Order and Request for Expedited Consideration of Motion. Motion Hearing set for 8/28/2020 11:00 AM before District Judge Gershwin A. Drain |Zoom Webinar Information: https://zoom.us/j/91711520101?pwd=TnVocjJJRVFPeTloV1ZBTEwrOG9zZz09 Passcode: 171264 Or iPhone one-tap : US: +13126266799,,91711520101#,,,,,,0#,,171264# or +13017158592,,91711520101#,,,,,,0#,,171264#| (TMcg) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 25, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two blind voters and the National Federation of the Blind of Michigan

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Secretary of State Jocelyn Benson, State

Michigan Director of Elections Jonathan Brater, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief request withdrawn/mooted

Issues

General:

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Visual impairment

Voting:

Election administration

Voter registration rules