Case: Castillo v. Whitmer

1:20-cv-00751 | U.S. District Court for the Western District of Michigan

Filed Date: Aug. 11, 2020

Closed Date: Sept. 9, 2020

Clearinghouse coding complete

Case Summary

This case is about the constitutionality of a series of emergency orders issued by the State of Michigan during the COVID-19 pandemic. On June 29, 2020, the Governor of Michigan, Gretchen Whitmer, signed an executive order requiring those who provide housing for Michigan's migrant agricultural workers to implement plans to prevent their employees from contracting COVID-19. On August 3, the Director of the Michigan Department of Health and Human Services (MDHHS), Robert Gordon, issued an emergen…

On August 8, a group of six Latino individuals and two limited liability companies filed this lawsuit in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the Governor of Michigan, the Director of MDHHS, and the Director of the Michigan Department of Agriculture and Rural Development (MDARD) under 42 U.S.C. § 1983. The plaintiffs sought preliminary and permanent injunctive relief against the defendants' orders that all migrant agricultural workers be mandated to take a COVID-19 test (Emergency Order). The plaintiffs also sought compensatory damages, attorneys' fees, and a declaration that the defendants violated the plaintiffs' constitutional rights under the Fourteenth Amendment's Equal Protection Clause. Finally, the plaintiffs sought a declaration that the Director of MDHHS exceeded the scope of his statutory authority and a declaration that the governor and the Director of MDHHS violated the separation of powers established in the Michigan Constitution.

The plaintiffs amended their complaint on August 13, seeking class certification for all similarly situated plaintiffs. The plaintiffs outlined three classes that they sought to certify. Class 1 included all owners and operators of migrant housing camps licensed by MDARD, Class 2 included all residents of MDARD-licensed migrant housing camps, Class 3 included all agricultural employers in the state with over 20 workers on site at a time, and Class 4 included all workers of employed by Class 3.

On August 14, District Judge Paul L. Maloney denied the plaintiffs' motion for a temporary restraining order. In his order, the judge found that the plaintiffs did not establish likelihood of success on the merits. While the plaintiffs argued that the court should implement a strict scrutiny test to determine constitutionality because the Emergency Order disproportionately affected Latinos, the judge implemented a rational basis standard since the testing requirement applies to all agricultural workers in migrant housing camps, regardless of race. The judge then concluded that the plaintiffs did not rebut every conceivable basis for the Emergency Order. The judge also noted that the Emergency Order serves a legitimate public interest in its objective of slowing the spread of COVID-19. 2020 U.S. Dist. LEXIS 151354

On August 21, Judge Maloney denied the plaintiffs' motion for an emergency preliminary injunction. The judge used similar reasoning in his denial of the injunction as the temporary restraining order, reiterating that the plaintiffs did not show an intent to discriminate on the part of state officials. The judge again concluded that the Emergency Order is facially neutral, in terms of race. 2020 WL 5029586

On August 24, the plaintiffs filed an interlocutory appeal of the denial of a preliminary injunction in the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit denied the motion for a preliminary injunction on September 2. The court found that for a facially neutral action to be found unconstitutionally discriminatory, the plaintiffs must establish an improper racially motivated purpose. The court agreed with the district court judge in his conclusion that the plaintiffs failed to establish discriminatory intent. The court also noted that the plaintiffs did not demonstrate irreparable harm, in absence of a constitutional violation. 823 Fed.Appx. 413

On September 3, the defendants moved to dismiss the case for lack of jurisdiction and for failure to state a claim. On September 8, plaintiffs stipulated to a dismissal with prejudice, which was approved by Judge Maloney on September 9. The stipulated dismissal provided that neither party was responsible for the other's costs or attorneys' fees. The case is now closed.

show full summary

Summary Authors

Nicholas Gillan (12/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17435476/parties/castillo-v-whitmer/

Judge(s)

Attorney for Plaintiff

Allison-Yokom, Danielle (Michigan)

Arthur, Seth B (Michigan)

DeWaard, Ronald G (Michigan)

Attorney for Defendant

Bennett, Katherine J. (Michigan)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (Michigan)

Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

Allison-Yokom, Danielle (Michigan)

Arthur, Seth B (Michigan)

DeWaard, Ronald G (Michigan)

Doyle, Brion Bannon (Michigan)

Phelps, Aaron M (Michigan)

Attorney for Defendant

Bennett, Katherine J. (Michigan)

Sands, Mark (Michigan)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (Michigan)

Marin, Diana Eloina (Michigan)

Primus, Richard (Michigan)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1:20-cv-00751 0:20-01815	Docket [PACER]	Sept. 9, 2020	Sept. 9, 2020 Docket
1 1:20-cv-00751	Complaint	Aug. 11, 2020	Aug. 11, 2020 Complaint
17 1:20-cv-00751	Amended Complaint	Aug. 13, 2020	Aug. 13, 2020 Pleading / Motion / Brief
1:20-cv-00751	Order	Aug. 14, 2020	Aug. 14, 2020 Order/Opinion 2020 U.S.Dist.LEXIS 151354

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17435476/castillo-v-whitmer/

Last updated Jan. 17, 2026, 4:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Robert Gordon, Gretchen Whitmer, Gary McDowell filed by Manuel Nunez Morales, Smeltzer Orchards Co. LLC, Veronica Botella, Clarissa Vasquez, Susana Castillo, Dulce Sostenes, True Blue Berry Management LLC, Doraelia Nunez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER	Aug. 11, 2020	Aug. 11, 2020 RECAP
2	PROPOSED SUMMONS to be issued re 1 (Attachments: # 1 Summons, # 2 Summons) (Phelps, Aaron) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020
3	EMERGENCY MOTION for preliminary injunction by plaintiffs Susana Castillo, Manuel Nunez Morales, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020
4	CORPORATE DISCLOSURE STATEMENT by Smeltzer Orchards Co. LLC identifying Corporate Parent Smeltzer Companies, Inc., The for Smeltzer Orchards Co. LLC (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020
5	CORPORATE DISCLOSURE STATEMENT by True Blue Berry Management LLC (Phelps, Aaron) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020
6	BRIEF in support of EMERGENCY MOTION for preliminary injunction 3 (Expedited Consideration Requested) filed by Veronica Botella, Susana Castillo, Manuel Nunez Morales, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W) (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020
	Filing Fee (Civil Case) - Credit Card Payment	Aug. 11, 2020	Aug. 11, 2020
	FILING FEE PAID re 1 by plaintiffs Veronica Botella, Susana Castillo, Manuel Nunez Morales, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez in the amount of $400, receipt number AMIWDC-5561996 (Phelps, Aaron) Modified text on 8/12/2020 (ems).	Aug. 11, 2020	Aug. 11, 2020
7	Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Phillip J. Green indicating that this case is not related to 1:20-cv-323; 1:20-cv-392; 1:20-cv-414; 1:20-cv-428; 1:20-cv-452; 1:20-cv-737 (jmw) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020
8	NOTICE that this case has been assigned Robert J. Jonker (ems) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020
9	SUMMONS ISSUED as to defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (ems) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020
10	ADMINISTRATIVE ORDER No. 20-CA-056 that this case is reassigned to District Judge Paul L. Maloney for all further proceedings; signed by Chief Judge Robert J. Jonker (ems) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020
11	ORDER to respond; defendants to respond by 4pm 8/18/2020; plaintiffs to reply by 4 pm 8/20/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020
12	CERTIFICATE of compliance re word count for Brief in Support of a Motion 6 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) Modified text on 8/13/2020 (ems). (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020
13	CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION for preliminary injunction 3 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Ronald G. DeWaard on behalf of plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (DeWaard, Ronald) Modified text on 8/13/2020 (ems).	Aug. 12, 2020	Aug. 12, 2020
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Seth B. Arthur on behalf of plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Arthur, Seth)	Aug. 12, 2020	Aug. 12, 2020
14	SUMMONS returned executed; Gretchen Whitmer served on 8/13/2020, answer due 9/3/2020 (Arthur, Seth) (Entered: 08/13/2020)	Aug. 13, 2020	Aug. 13, 2020
15	SUMMONS returned executed; Robert Gordon served on 8/13/2020, answer due 9/3/2020 (Arthur, Seth) (Entered: 08/13/2020)	Aug. 13, 2020	Aug. 13, 2020
16	SUMMONS returned executed; Gary McDowell served on 8/13/2020, answer due 9/3/2020 (Arthur, Seth) (Entered: 08/13/2020)	Aug. 13, 2020	Aug. 13, 2020
17	AMENDED COMPLAINT against All Defendants filed by Manuel Nunez Morales, Jr, Smeltzer Orchards Co. LLC, Veronica Botello, Clarissa Vasquez, Susana Castillo, Dulce Sostenes, True Blue Berry Management LLC, Doraelia Nunez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Phelps, Aaron) (Entered: 08/13/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER	Aug. 13, 2020	Aug. 13, 2020 RECAP
18	MOTION for temporary restraining order by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Attachments: # 1 Exhibit A - Proposed Order) (Phelps, Aaron) Modified text on 8/14/2020 (ems). (Entered: 08/13/2020)	Aug. 13, 2020	Aug. 13, 2020
19	BRIEF in support of MOTION for temporary restraining order 18 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Phelps, Aaron) (Entered: 08/13/2020)	Aug. 13, 2020	Aug. 13, 2020
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Brion Bannon Doyle on behalf of plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Doyle, Brion) Modified text on 8/13/2020 (ems).	Aug. 13, 2020	Aug. 13, 2020
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Danielle Allison-Yokom on behalf of defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (Allison-Yokom, Danielle)	Aug. 13, 2020	Aug. 13, 2020
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Mark Gordon Sands on behalf of defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (Sands, Mark)	Aug. 13, 2020	Aug. 13, 2020
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Katherine J. Bennett on behalf of defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (Bennett, Katherine)	Aug. 13, 2020	Aug. 13, 2020
20	CERTIFICATE of compliance re word count for Brief in Support of a Motion, 19 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020
21	ORDER denying 18 motion for TRO; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020
22	MOTION to expedite Discovery and Evidentiary Hearing and Request for Telephone Conference (Expedited Consideration Requested) by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Phelps, Aaron) (Entered: 08/17/2020)	Aug. 17, 2020	Aug. 17, 2020
23	BRIEF in support of MOTION to expedite Discovery and Evidentiary Hearing and Request for Telephone Conference (Expedited Consideration Requested) 22 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Attachments: # 1 Exhibit A) (Phelps, Aaron) (Entered: 08/17/2020)	Aug. 17, 2020	Aug. 17, 2020
24	ORDER to respond; response must be filed by 4:00 pm on 8/19/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/17/2020)	Aug. 17, 2020	Aug. 17, 2020
25	MOTION for protective order, MOTION to quash, MOTION for sanctions by defendants Robert Gordon, Gary McDowell, Gretchen Whitmer; (Sands, Mark) (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020
26	BRIEF in support of MOTION for protective order MOTION to quash MOTION for sanctions 25 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Attachments: # 1 Exhibit A - Email regarding Concurrence) (Sands, Mark) Modified text on 8/18/2020 (ems). (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020
27	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for protective order MOTION to quash MOTION for sanctions 25 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Sands, Mark) (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020
28	RESPONSE in opposition to EMERGENCY MOTION for preliminary injunction 3 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Attachments: # 1 Exhibit A - EO 111, # 2 Exhibit B - HLCOM Statement) (Sands, Mark) Modified text on 8/18/2020 (ems). (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020
29	RESPONSE TO MOTION to expedite Discovery and Evidentiary Hearing and Request for Telephone Conference (Expedited Consideration Requested) 22 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Sands, Mark) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020
30	RESPONSE TO 24 Discovery Order filed by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020
31	MOTION for leave to file by amicus Richard Abraham Primus; (Primus, Richard) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020
32	REPLY to response to motion 3 Emergency Motion for Preliminary Injunction filed by Susana Castillo (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Phelps, Aaron) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020
33	MOTION for leave to file amici curiae brief in support of defendants by movant Worker Advocates, Unions, Community Organizations and Health Experts; (Attachments: # 1 Exhibit A: Identity and Statements of Interest Amici, # 2 Proposed Brief in Support, # 3 Exhibits A-D to Proposed Brief of Amici Curiae) (Marin, Diana) Modified text on 8/24/2020 (ems). (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020
34	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file amici curiae brief in support of defendants 33 filed by Worker Advocates, Unions, Community Organizations and Health Experts (Marin, Diana) Modified text on 8/24/2020 (ems). (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Samuel Bagenstos on behalf of amicus Worker Advocates, Unions, Community Organizations and Health Experts (Bagenstos, Samuel)	Aug. 20, 2020	Aug. 20, 2020
35	RESPONSE TO MOTION for leave to file 31, MOTION for leave to file amici curiae brief in support of defendants 33 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) Modified text on 8/24/2020 (ems). (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020
36	ORDER granting 31 motion for leave to file; denying 33 motion for leave to file ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020
37	ORDER denying 22 motion to expedite; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020
38	ORDER denying 3 motion for preliminary injunction; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020
40	BRIEF by amicus Richard Abraham Primus in support of neither party (as filed per Order 36 ) (ems) (Entered: 08/24/2020)	Aug. 21, 2020	Aug. 21, 2020
39	NOTICE OF INTERLOCUTORY APPEAL re 38 by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020
41	LETTER FROM CCA regarding appeal 39 indicating appeal has been docketed as USCA case number 20-1815 (ems) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020
42	EMERGENCY MOTION for preliminary injunction Pending Appeal (Expedited Consideration Requested) by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Phelps, Aaron) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020
43	BRIEF in support of EMERGENCY MOTION for preliminary injunction Pending Appeal (Expedited Consideration Requested) 42 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Attachments: # 1 Proposed Order) (Phelps, Aaron) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020
44	ORDER denying 42 emergency motion for preliminary injunction pending appeal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020
	APPEAL FEE PAID re 39 by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez in the amount of $505, receipt number AMIWDC-5606145 (Phelps, Aaron)	Aug. 24, 2020	Aug. 24, 2020
	CASE NUMBER 20-1815 assigned by the Sixth Circuit to appeal 39 (mkc)	Aug. 24, 2020	Aug. 24, 2020
45	SUMMONS returned executed; Robert Gordon served on 8/17/2020, answer due 9/8/2020; Gary McDowell served on 8/14/2020, answer due 9/4/2020; Gretchen Whitmer served on 8/14/2020, answer due 9/4/2020 (Phelps, Aaron) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020
46	ORDER of USCA (certified copy) re appeal 39 denying the motion for preliminary injunction and granting the motions to expedite and to file an amicus brief (ems) (Entered: 09/03/2020)	Sept. 2, 2020	Sept. 2, 2020
47	MOTION to dismiss for lack of jurisdiction, MOTION to dismiss for failure to state a claim by defendants Robert Gordon, Gary McDowell, Gretchen Whitmer; (Attachments: # 1 Exhibit A - Order denying PI 6th Cir CoA) (Sands, Mark) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020
48	STIPULATION of dismissal by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 RECAP
49	ORDER approving STIPULATION to dismiss 48 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020
50	ORDER of USCA (certified copy) re appeal 39 granting the motion to voluntarily dismiss the appeal ; no mandate to issue (ems) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020