Civil Rights Litigation Clearinghouse

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.

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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)

Attorney Contact Information via CourtListener

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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.

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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