Case: Davis v. Benson

1:20-cv-00768 | U.S. District Court for the Western District of Michigan

Filed Date: Aug. 14, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 09/01/2020, Plaintiff sued the Secretary of State for the State of Michigan for violating his constitutional and statutory rights by mailing of an unsolicited absentee voter application. Defendant mass mailed unsolicited absentee voter applications to plaintiff and other registered voters in the State of Michigan. Plaintif…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 09/01/2020,

Plaintiff sued the Secretary of State for the State of Michigan for violating his constitutional and statutory rights by mailing of an unsolicited absentee voter application. Defendant mass mailed unsolicited absentee voter applications to plaintiff and other registered voters in the State of Michigan. Plaintiff alleged that mailing out of unsolicited applications was unlawful, arbitrary, capricious, and contrary to Mich. Comp. Laws §168.759(5). Under Michigan Election Law, the process of issuing absentee ballots is controlled by local city and township clerks, not the Secretary of State. Also, a registered voter must first request an application to vote by absentee ballot. Defendant contended that the applications were mailed due to the COVID-19 pandemic. Because plaintiff believed that the unsolicited absentee voter application was unlawful, he chose to vote in person for the August 4, 2020 primary election. He was told, however, that the local clerk’s office would not issue a different absentee ballot application. Therefore, plaintiff contended that he had been denied his constitutional and statutory rights to request an absentee voter application from his local city clerk as well as procedural due process rights under the Fourteenth Amendment.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17449728/parties/davis-v-benson/


Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Neff, Janet T. (Michigan)

Redford, James Robert (Michigan)

Stephens, Cynthia (Michigan)

Tukel, Jonathan (Michigan)

Attorneys(s) for Plaintiff

Davis, Robert C. (Michigan)

Paterson, Andrew A. (Michigan)

Attorneys(s) for Defendant

Asher, Kyle M. (Michigan)

Gordon, Gary P. (Michigan)

Judge(s)

Green, Phillip J. (Michigan)

Maloney, Paul Lewis (Michigan)

Neff, Janet T. (Michigan)

Redford, James Robert (Michigan)

Stephens, Cynthia (Michigan)

Tukel, Jonathan (Michigan)

Attorneys(s) for Plaintiff

Davis, Robert C. (Michigan)

Paterson, Andrew A. (Michigan)

Attorneys(s) for Defendant

Asher, Kyle M. (Michigan)

Gordon, Gary P. (Michigan)

Grill, Erik A. (Michigan)

Hanselman, Jason T (Michigan)

Meingast, Heather S. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 2, 2020 Docket

Verified Complaint

Michigan state trial court

May 28, 2020 Complaint

Opinion and Order Denying Preliminary Injunction

Cooper-Keel v. Benson, Black v. Benson

Michigan state trial court

June 18, 2020 Order/Opinion
1

Complaint and Jury Demand

Aug. 14, 2020 Complaint

Opinion and Order Granting Summary Disposition

Cooper-Keel v. Benson, Black v. Benson

Michigan state trial court

Aug. 25, 2020 Order/Opinion

Appellant's Brief on Appeal

Michigan state appellate court

Aug. 28, 2020 Pleading / Motion / Brief

[Opinion]

Davis v. Secretary of State

Michigan state appellate court

2020 WL 5552822

Sept. 16, 2020 Order/Opinion
1

Complaint and Jury Demand

Oct. 14, 2020 Complaint
13

Order Denying Emergency Motions and Dismissing State Law Claim

Oct. 30, 2020 Order/Opinion
13

Order Denying Emergency Motions and Dismissing State Law Claim

Oct. 30, 2020 Order/Opinion

Resources

Title Description External URL

Davis v. Benson

Stanford-MIT Healthy Elections Project

Plaintiff sued the Secretary of State for the State of Michigan for violating his constitutional and statutory rights by mailing of an unsolicited absentee voter application. Defendant mass mailed un… Sept. 1, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=195

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17449728/davis-v-benson/

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

ECF Number Description Date Link
1

COMPLAINT with jury demand against Jocelyn Benson filed by Robert Davis (Paterson, Andrew) (Entered: 08/14/2020)

Aug. 14, 2020 Clearinghouse

Filing Fee (Civil Case) - Credit Card Payment

Aug. 14, 2020 PACER

FILING FEE PAID re 1 by plaintiff Robert Davis in the amount of $400, receipt number AMIWDC-5575236 (Paterson, Andrew)

Aug. 14, 2020 PACER
2

PROPOSED SUMMONS to be issued re 1 (Paterson, Andrew) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
3

NOTICE that this case has been assigned Janet T. Neff (clw) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
4

SUMMONS ISSUED as to defendant Jocelyn Benson (clw) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
5

SUMMONS returned executed; Jocelyn Benson served on 8/18/2020, answer due 9/8/2020 (Paterson, Andrew) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
6

First AMENDED COMPLAINT against Jocelyn Benson, Mario Morrow filed by Robert Davis (Paterson, Andrew) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
7

PROPOSED SUMMONS to be issued re 6 (Paterson, Andrew) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
8

SUMMONS ISSUED as to defendant Mario Morrow (clw) (Entered: 08/19/2020)

Aug. 19, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Heather S. Meingast on behalf of defendant Jocelyn Benson (Meingast, Heather)

Aug. 29, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Erik Alexander Grill on behalf of defendant Jocelyn Benson (Grill, Erik)

Aug. 29, 2020 PACER
9

REQUEST for pre-motion conference by defendant Jocelyn Benson (Meingast, Heather) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
10

MOTION for extension of time to File Responsive Pleading by defendant Jocelyn Benson; (Meingast, Heather) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
11

ORDER granting 10 motion for extension of time; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 09/09/2020)

Sept. 9, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Gary P. Gordon on behalf of defendant Mario Morrow (Gordon, Gary)

Sept. 9, 2020 PACER
12

MOTION for extension of time to file a Dispositive Motion by defendant Mario Morrow; (Gordon, Gary) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
13

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to file a Dispositive Motion 12 filed by Mario Morrow (Gordon, Gary) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
14

REQUEST for pre-motion conference Seeking Permission to File Motion to Dismiss filed by defendant Mario Morrow (Gordon, Gary) Modified text on 9/22/2020 (pjw). (Entered: 09/09/2020)

Sept. 9, 2020 PACER
15

ORDER granting to an extent 12 motion for extension of time; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 09/10/2020)

Sept. 10, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Kyle Michael Asher on behalf of defendant Mario Morrow (Asher, Kyle)

Sept. 10, 2020 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jason Thomas Hanselman on behalf of defendant Mario Morrow (Hanselman, Jason)

Sept. 10, 2020 PACER
16

ORDER: Plaintiff's response(s) to pre-motion conference requests 9, 14 due no later than 9/24/2020; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
17

RESPONSE TO REQUEST for pre-motion conference by defendant Mario Morrow Seeking Permission to File Motion to Dismiss 14 filed by Robert Davis (Paterson, Andrew) Modified text on 9/22/2020 (pjw). (Entered: 09/22/2020)

Sept. 22, 2020 PACER
18

AMENDED/CORRECTED RESPONSE TO REQUEST for pre-motion conference by defendant Mario Morrow Seeking Permission to File Motion to Dismiss 14 filed by Robert Davis (Paterson, Andrew); this entry replaces 17 ; Modified text on 9/22/2020 (pjw). (Entered: 09/22/2020)

Sept. 22, 2020 PACER
19

RESPONSE TO REQUEST for pre-motion conference by defendant Jocelyn Benson 9 filed by Robert Davis (Paterson, Andrew) Modified text on 9/22/2020 (pjw). (Entered: 09/22/2020)

Sept. 22, 2020 PACER
20

ORDER: setting certain deadlines; dismissing as moot pre-motion conference requests 9, 14 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 09/23/2020)

Sept. 23, 2020 RECAP
21

AMENDED COMPLAINT Per the Court's September 23, 2020 Order 20 against All Defendants filed by Robert Davis (Paterson, Andrew) Modified text on 10/8/2020 (ns). (Entered: 10/07/2020)

Oct. 7, 2020 PACER
22

REQUEST for pre-motion conference by defendant Mario Morrow (Gordon, Gary) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
23

MOTION for extension of time to file Dispositive Motion by defendant Mario Morrow; (Gordon, Gary) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
24

CERTIFICATE regarding compliance with LCivR 7.1(d) re REQUEST for pre-motion conference by defendant Mario Morrow 22 filed by Mario Morrow (Gordon, Gary) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
25

ORDER granting to an extent 23 motion for extension of time; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
26

SECOND REQUEST for pre-motion conference by defendant Jocelyn Benson (Meingast, Heather) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
27

SECOND MOTION for extension of time to File Responsive Pleading by defendant Jocelyn Benson; (Meingast, Heather) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
28

ORDER granting 27 motion for extension of time; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
29

RESPONSE TO SECOND REQUEST for pre-motion conference by defendant Jocelyn Benson 26 ; filed by Robert Davis filed by Robert Davis (Paterson, Andrew) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
30

RESPONSE TO REQUEST for pre-motion conference by defendant Mario Morrow 22 ; filed by Robert Davis filed by Robert Davis (Paterson, Andrew) (Entered: 10/28/2020)

Oct. 28, 2020 PACER
31

ORDER re 22 and 26 request for pre-motion conference; briefing schedule issued; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
32

PROPOSED STIPULATION and ORDER for Extension of Time to file Motion to Dismiss by defendant Mario Morrow (Asher, Kyle) (Entered: 12/01/2020)

Dec. 1, 2020 PACER
33

ORDER granting to an extent proposed stipulated order of extension 32 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 12/02/2020)

Dec. 2, 2020 PACER
33

ORDER granting to an extent proposed stipulated order of extension 32 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 12/02/2020)

Dec. 2, 2020 PACER
34

Stipulation and Order (Proposed-one document)

Dec. 10, 2020 PACER
35

Order on Stipulation and Proposed Order

Dec. 11, 2020 PACER
38

Stipulation and Order (Proposed-one document)

Jan. 20, 2021 PACER
39

Order on Stipulation and Proposed Order

Jan. 21, 2021 PACER
40

Stipulation and Order (Proposed-one document)

Jan. 21, 2021 PACER
41

Order on Stipulation and Proposed Order

Jan. 22, 2021 PACER
42

Extension of Time to File Response/Reply

Feb. 8, 2021 PACER
45

Order on Motion for Extension of Time to File Response/Reply

Feb. 10, 2021 PACER
49

Dismiss/Failure to State a Claim

Feb. 25, 2021 PACER
55

Dismiss/Failure to State a Claim

Feb. 26, 2021 RECAP
61

Leave to File Document

March 3, 2021 PACER
65

Order on Motion for Leave to File

Sept. 22, 2021 PACER
66

Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss for Failure to State a Claim

March 11, 2022 PACER
67

Judgment

March 11, 2022 PACER

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 14, 2020

Case Ongoing: Yes

Plaintiffs

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome