Case: Jobs for Downriver v. Whitmer

2:20-cv-12115 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 5, 2020

Closed Date: Aug. 25, 2020

Clearinghouse coding complete

Case Summary

This is a case about challenges to Michigan ballot signature requirements. On August 5, 2020, local ballot committees of several cities in Michigan filed this lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the Governor of Michigan, the Secretary of State, Director of the Michigan Bureau of Elections as well as various city clerks for violations of the First and Fourteenth Amendments under 42 U.S.C. §1983. Represented by private counsel, the…

This is a case about challenges to Michigan ballot signature requirements. On August 5, 2020, local ballot committees of several cities in Michigan filed this lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the Governor of Michigan, the Secretary of State, Director of the Michigan Bureau of Elections as well as various city clerks for violations of the First and Fourteenth Amendments under 42 U.S.C. §1983. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief in the form of nonenforcement of the signature requirements. They claimed that due to the ongoing COVID-19 regulations imposed by the governor, the plaintiffs were unable to fulfill the signature requirements to allow their measure regarding the regulation and licensing of marijuana establishments to be placed on the ballot for the upcoming November 2020 election. They claimed that because most signatures are gathered from large groups in public places, a practice that was banned by the COVID-19 regulations, enforcement of the signature requirement was unconstitutional. The case was assigned to Judge George Caram Steeh III and was referred to Magistrate Elizabeth A. Stafford. 

The City of Plymouth and its city clerk filed their answer to the complaint on August 20, 2020.

The defendants each filed individual responses to the temporary restraining orders from August 17 to August 24, 2020. On August 25, 2020, the case was dismissed with prejudice after the plaintiffs stipulated to its dismissal. We were unable to find any further information on the reason for the dismissal. The case is now closed. 

Summary Authors

Rhea Sharma (1/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17417886/parties/jobs-for-downriver-v-michigan-state-of-governor/


Judge(s)

Stafford, Elizabeth A. (Michigan)

Steeh, George Caram III (Michigan)

Attorneys(s) for Plaintiff

Blair, Kevin M. (Michigan)

Mains, Douglas E. (Michigan)

Attorneys(s) for Defendant

DeWaele, Sharon A. (Michigan)

Grant, Brian C. (Hawaii)

Grill, Erik A. (Michigan)

Landry, David S. (Louisiana)

McLaughlin, Anne M. (Michigan)

Meingast, Heather S. (Michigan)

Judge(s)

Stafford, Elizabeth A. (Michigan)

Steeh, George Caram III (Michigan)

Attorneys(s) for Plaintiff

Blair, Kevin M. (Michigan)

Mains, Douglas E. (Michigan)

Attorneys(s) for Defendant

DeWaele, Sharon A. (Michigan)

Grant, Brian C. (Hawaii)

Grill, Erik A. (Michigan)

Landry, David S. (Louisiana)

McLaughlin, Anne M. (Michigan)

Meingast, Heather S. (Michigan)

Petrusak, Nathan D. (Michigan)

Roberts, Mark S. (Michigan)

Seibert, Robert J. (Michigan)

Shekell, Brian David (Michigan)

Trebilcock, Christopher M (Michigan)

Documents in the Clearinghouse

Document

2:20-cv-12115

Docket [PACER]

Aug. 25, 2020

Aug. 25, 2020

Docket
1

2:20-cv-12115

Complaint for Declaratory and Injunctive Relief

Aug. 5, 2020

Aug. 5, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17417886/jobs-for-downriver-v-michigan-state-of-governor/

Last updated June 7, 2022, 3:16 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-7970796 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Blair, Kevin) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

Clearinghouse
2

SUMMONS Issued for *Laura Pierce Auburn Hills City Clerk, City of Auburn HIlls, City of Flat Rock, City of Harper Woods, City of Plymouth, City of Saline, City of Wixom, Meaghan Bachman Flat Rock City Clerk, Leslie Frank Harper Woods City Clerk, Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State, Michigan, State of - Governor, Maureen Brodie Plymouth City Clerk, Terri Royal Saline City Clerk, Catherine Buck Wixom City Clerk* (SKra) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 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)

Aug. 5, 2020

Aug. 5, 2020

PACER

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

Aug. 5, 2020

Aug. 5, 2020

PACER
3

Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction by All Plaintiffs. (Blair, Kevin) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
4

CERTIFICATE OF SERVICE by All Plaintiffs (Blair, Kevin) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
5

NOTICE of Appearance by Douglas E. Mains on behalf of All Plaintiffs. (Mains, Douglas) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
6

NOTICE OF HEARING BY VIDEO CONFERENCE on 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction. Response due by 8/17/2020, Reply due by 8/24/2020, Motion Hearing set for 8/31/2020 at 10:00 AM before District Judge George Caram Steeh. |Zoom Webinar Information: https://zoom.us/j/98753859094?pwd=OVQ0VDZxNGlyLzNtcXNadjlpdmZ6Zz09 Passcode: 346192 Or iPhone one-tap : US: +12532158782,,98753859094#,,,,,,0#,,346192# or +13017158592,,98753859094#,,,,,,0#,,346192#|. (BSau) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
7

NOTICE of Appearance by Brian Shekell on behalf of City of Saline, Terri Royal Saline City Clerk. (Shekell, Brian) (Entered: 08/08/2020)

Aug. 8, 2020

Aug. 8, 2020

PACER
8

NOTICE of Appearance by Christopher M. Trebilcock on behalf of City of Saline, Terri Royal Saline City Clerk. (Trebilcock, Christopher) (Entered: 08/08/2020)

Aug. 8, 2020

Aug. 8, 2020

PACER
9

ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State, Michigan, State of - Governor (Meingast, Heather) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
10

ATTORNEY APPEARANCE: Erik A. Grill appearing on behalf of Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State, Michigan, State of - Governor (Grill, Erik) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
11

ATTORNEY APPEARANCE: Mark S. Roberts appearing on behalf of Laura Pierce Auburn Hills City Clerk, City of Auburn HIlls (Attachments: # 1 Certificate of Service) (Roberts, Mark) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
12

ATTORNEY APPEARANCE: Brian C. Grant appearing on behalf of City of Harper Woods, Leslie Frank Harper Woods City Clerk (Grant, Brian) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
13

NOTICE of Appearance by Anne McClorey McLaughlin on behalf of City of Wixom, Catherine Buck Wixom City Clerk. (McLaughlin, Anne) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
14

ATTORNEY APPEARANCE: Nathan D. Petrusak appearing on behalf of City of Harper Woods, Leslie Frank Harper Woods City Clerk (Petrusak, Nathan) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
15

NOTICE of Appearance by David B. Landry on behalf of City of Flat Rock. (Landry, David) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
16

NOTICE of Appearance by Robert J. Seibert on behalf of City of Plymouth. (Seibert, Robert) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
17

NOTICE of Appearance by Robert J. Seibert on behalf of Maureen Brodie Plymouth City Clerk. (Seibert, Robert) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
18

ATTORNEY APPEARANCE: Sharon A. DeWaele appearing on behalf of City of Harper Woods, Leslie Frank Harper Woods City Clerk (DeWaele, Sharon) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
19

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by City of Saline, Terri Royal Saline City Clerk. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Terri Royal, City Clerk for the City of Saline, # 3 Exhibit B - Statement of Organization form) (Shekell, Brian) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
20

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction Defs City of Flat Rock and Meaghan Bachman filed by City of Flat Rock. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 3, # 4 Exhibit Ex 4, # 5 Exhibit Ex 5, # 6 Exhibit Ex 6) (Landry, David) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
21

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by City of Plymouth. (Attachments: # 1 Index of Exhibits Appendix of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C) (Seibert, Robert) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
22

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Laura Pierce Auburn Hills City Clerk, City of Auburn HIlls. (Attachments: # 1 Index of Exhibits, # 2 Exhibit) (Roberts, Mark) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
23

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by City of Harper Woods, Leslie Frank Harper Woods City Clerk. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Jobs for HW Statement of Organization, # 3 Exhibit B Affidavit of Leslie Frank, # 4 Exhibit C Harper Woods Code of Ordinances, # 5 Exhibit D Clean Green Utica Statement of Organization, # 6 Exhibit E Clean Green Utica Petitions, # 7 Exhibit F Kishore v Whitmer, # 8 Exhibit G Esshaki v Whitmer, # 9 Exhibit H Reclaim Idaho v Little, # 10 Exhibit I Little v Reclaim Idaho) (Petrusak, Nathan) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
24

MOTION for Leave to File Excess Pages for Response to Motion by Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State, Michigan, State of - Governor. (Meingast, Heather) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
25

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State, Michigan, State of - Governor. (Meingast, Heather) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
26

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by City of Wixom, Catherine Buck Wixom City Clerk. (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, # 9 Exhibit 8, # 10 Exhibit 9) (McLaughlin, Anne) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

TEXT-ONLY ORDER Granting 24 MOTION for Leave to File Excess Pages for Response to Motion filed by Michigan, State of - Governor, Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State. Entered by District Judge George Caram Steeh. (BSau)

Aug. 18, 2020

Aug. 18, 2020

PACER

~Util - Terminate Motions AND Text-Only Order

Aug. 18, 2020

Aug. 18, 2020

PACER
27

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction (corrected copy of 26 ) filed by City of Wixom, Catherine Buck Wixom City Clerk. (McLaughlin, Anne) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
28

EXHIBIT B re 23 Response to Motion,, by City of Harper Woods, Leslie Frank Harper Woods City Clerk (Attachments: # 1 Exhibit B Affidavit of Leslie Frank) (Petrusak, Nathan) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
29

SUPPLEMENTAL BRIEF re 25 Response to Motion, filed by Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State, Michigan, State of - Governor. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Detroit Unity - Order Denying TRO) (Meingast, Heather) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
30

NOTICE of Joinder/Concurrence in 29 Supplemental Brief, filed by Michigan, State of - Governor, Jonathan Brater Michigan Bureau of Elections, Jocelyn Benson Michigan Secretary of State by City of Wixom, Catherine Buck Wixom City Clerk (McLaughlin, Anne) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
31

ANSWER to Complaint by City of Plymouth, Maureen Brodie Plymouth City Clerk. (Seibert, Robert) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
32

REPLY to Response re 3 Emergency MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by All Plaintiffs. (Mains, Douglas) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
33

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Mains, Douglas) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
34

STIPULATION of Dismissal by All Plaintiffs (Mains, Douglas) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

TEXT-ONLY NOTICE: Motion Hearing on 8/31/2020 is Cancelled. Case dismissed with prejudice per 34 Stipulation of Dismissal. (BSau)

Aug. 25, 2020

Aug. 25, 2020

PACER

Text-Only Notice of Hearing Cancelled

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)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: Aug. 5, 2020

Closing Date: Aug. 25, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Local Michigan ballot committees

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Michigan, State

Secretary of State of Michigan, State

City of Auburn Hills, City

City of Flat Rock, City

City of Harper Woods, City

City of Plymouth, City

City of Saline, City

City of Wixom, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting

Voting:

Election administration