Case: Michigan Protection and Advocacy v. Rosema

1:08-cv-00888 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 22, 2008

Closed Date: Dec. 9, 2009

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s record access authority. On September 22, 2008, Michigan Protection and Advocacy Service, Inc. (Michigan P&A), Michigan’s P&A, filed this lawsuit in the U.S. District Court for the Western District of Michigan. Michigan P&A filed this lawsuit against the Sheriff of Ottawa County in his official capacity under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Michigan P&A sought declaratory and injunctive relief, as well as attorney’s fees, in the form of requiring the Sheriff to allow them access to all records related to the death of a prisoner at the Ottawa County Jail. Judge Gordon Jay Quist presided over this matter.

In May 2008, Michigan P&A received a complaint alleging that the death of an inmate in the Ottawa County Jail was due to abuse and neglect. Michigan P&A opened an investigation and determined there was probable cause to continue looking into the matter. Michigan P&A wrote to the jail and requested all records related to the death as well as various mental health policies of the facility. The Sheriff responded that they did not have to release such records and that Michigan P&A had no authority to request them. This case was brought to gain access to those records. The Sheriff filed for summary judgment on December 8, 2008, arguing that Michigan P&A did not have authority to investigate because the deceased’s personal representative was looking into the matter. The court dismissed this motion as moot on June 11, 2009, and the case was dismissed on December 9, 2009 after the parties reached a private settlement agreement.

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Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12655086/parties/michigan-protection-advocacy-service-inc-v-rosema/

Judge(s)

Quist, Gordon Jay (Michigan)

Attorney for Plaintiff

Cody, Mark A. (Michigan)

Frampton, Gabrielle S. (Michigan)

Attorney for Defendant

Essen, Douglas W. (Michigan)

Judge(s)

Quist, Gordon Jay (Michigan)

Attorney for Plaintiff

Cody, Mark A. (Michigan)

Frampton, Gabrielle S. (Michigan)

Attorney for Defendant

Essen, Douglas W. (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:08-cv-00888	Complaint	Sept. 22, 2008	Sept. 22, 2008 Complaint
12 1:08-cv-00888	Brief in Support of Motion for Summary Judgment	Dec. 8, 2008	Dec. 8, 2008 Pleading / Motion / Brief
23 1:08-cv-00888	Stipulated Motion and Order Amending Case Management Order	Aug. 11, 2009	Aug. 11, 2009 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12655086/michigan-protection-advocacy-service-inc-v-rosema/

Last updated March 14, 2024, 3:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Gary Rosema filed by Michigan Protection & Advocacy Service, Inc. (Attachments: # 1 Civil Cover Sheet)(cr) (Entered: 09/25/2008) 2 Civil Cover Sheet View on PACER	Sept. 22, 2008	Sept. 22, 2008 Clearinghouse
	RECEIPT: in the amount of $350.00, receipt number LN000505; for Filing Fees (cr)	Sept. 22, 2008	Sept. 22, 2008 PACER
	SUMMONS ISSUED as to defendant Gary Rosema (cr)	Sept. 22, 2008	Sept. 22, 2008 PACER
2	CORPORATE DISCLOSURE STATEMENT by Michigan Protection & Advocacy Service, Inc. (cr) (Entered: 09/25/2008)	Sept. 22, 2008	Sept. 22, 2008 PACER
3	ATTORNEY APPEARANCE of Douglas W. Van Essen on behalf of defendant Gary Rosema (Van Essen, Douglas) (Entered: 09/26/2008)	Sept. 26, 2008	Sept. 26, 2008 PACER
4	Defendant's ANSWER to complaint 1 and Affirmative Defenses by Gary Rosema(Van Essen, Douglas) Modified text on 10/2/2008 (kvt). (Entered: 09/30/2008)	Sept. 30, 2008	Sept. 30, 2008 PACER
5	ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 11/20/2008 at 11:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 11/17/2008 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, kad) (Entered: 10/03/2008)	Oct. 3, 2008	Oct. 3, 2008 PACER
6	AMENDED ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 11/20/2008 at 11:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 11/17/2008 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, kad) (Entered: 10/03/2008)	Oct. 3, 2008	Oct. 3, 2008 PACER
7	SUMMONS returned executed; Gary Rosema served on 10/1/2008, answer due 10/21/2008 (elc) (Entered: 10/20/2008)	Oct. 17, 2008	Oct. 17, 2008 PACER
8	JOINT STATUS REPORT (Van Essen, Douglas) (Entered: 11/14/2008)	Nov. 14, 2008	Nov. 14, 2008 PACER
9	MINUTES of scheduling conference held before Magistrate Judge Ellen S. Carmody (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 11/20/2008)	Nov. 20, 2008	Nov. 20, 2008 PACER
10	CASE MANAGEMENT ORDER: settlement conference set for 10/2/2009 at 02:00 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 4/14/2010 at 03:00 PM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; bench trial set for 5/11/2010 at 09:00 AM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, kad) (Entered: 11/28/2008)	Nov. 28, 2008	Nov. 28, 2008 PACER
11	MOTION for summary judgment under Fed. R. Civ. P. 56 by defendant Gary Rosema; (Van Essen, Douglas) (Entered: 12/08/2008)	Dec. 8, 2008	Dec. 8, 2008 PACER
12	BRIEF in support of MOTION for summary judgment under Fed. R. Civ. P. 56 11 filed by Gary Rosema(Van Essen, Douglas) (Entered: 12/08/2008)	Dec. 8, 2008	Dec. 8, 2008 Clearinghouse
13	AFFIDAVIT re 11 of Douglas W. Van Essen by defendant Gary Rosema (Attachments: # 1 Exhibit A)(Van Essen, Douglas) (Entered: 12/08/2008)	Dec. 8, 2008	Dec. 8, 2008 PACER
14	AMENDED ANSWER to complaint 4 and Affirmative Defenses filed by defendant Gary Rosema (Van Essen, Douglas) (Entered: 12/11/2008)	Dec. 11, 2008	Dec. 11, 2008 PACER
15	RESPONSE TO MOTION for summary judgment under Fed. R. Civ. P. 56 11 filed by Michigan Protection & Advocacy Service, Inc. (Attachments: # 1 Exhibit Affidavit, # 2 Exhibit)(Frampton, Gabrielle) (Entered: 01/05/2009)	Jan. 5, 2009	Jan. 5, 2009 PACER
16	REPLY to RESPONSE to MOTION for summary judgment under Fed. R. Civ. P. 56 11 filed by Gary Rosema (Van Essen, Douglas) Modified text on 1/16/2009 (mkc). Modified entry relationship on 1/16/2009 (mla) (Entered: 01/15/2009)	Jan. 15, 2009	Jan. 15, 2009 PACER
	REPLY to response to motion 11 (see 16 for document) filed by Gary Rosema (mla)	Jan. 15, 2009	Jan. 15, 2009 PACER
17	NOTICE OF MOTION HEARING regarding document number 11 : oral argument is set for 5/21/2009 at 1:30 PM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist;(Judge Gordon J. Quist, jmt) (Entered: 05/01/2009)	May 1, 2009	May 1, 2009 PACER
18	MINUTES of motion hearing re 11 MOTION for summary judgment under Fed. R. Civ. P. 56 filed by Gary Rosema held before Judge Gordon J. Quist (Proceedings Digitally Recorded) (Judge Gordon J. Quist, jmt) (Entered: 05/21/2009)	May 21, 2009	May 21, 2009 PACER
19	ORDER: Plaintiff to inform court by 6/11/2009; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 05/28/2009)	May 28, 2009	May 28, 2009 PACER
20	LETTER from attorney Gabrielle S. Frampton for plaintiff Michigan Protection & Advocacy Service, Inc. regarding Entry of Release of Information signed by JHK's personal representative (Attachments: # 1 Exhibit Release of Information)(Frampton, Gabrielle) (Entered: 06/09/2009)	June 9, 2009	June 9, 2009 PACER
21	ORDER dismissing as moot 11 motion for summary judgment; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 06/11/2009)	June 11, 2009	June 11, 2009 PACER
22	ORDER regarding 10/2/2009 settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, jal) (Entered: 07/29/2009)	July 29, 2009	July 29, 2009 PACER
23	PROPOSED STIPULATION and ORDER Amending Case Management Order 10 by plaintiff Michigan Protection & Advocacy Service, Inc. (mkc) (Entered: 08/12/2009)	Aug. 11, 2009	Aug. 11, 2009 Clearinghouse
24	ORDER amending 11/28/2008 Case Management Order and adjourning 10/2/2009 settlement conference 23 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 08/20/2009)	Aug. 20, 2009	Aug. 20, 2009 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Mark A. Cody on behalf of plaintiff Michigan Protection and Advocacy Service, Inc. (Cody, Mark)	Dec. 8, 2009	Dec. 8, 2009 PACER
25	ORDER dismissing case; signed by Judge Gordon J. Quist (mkc) (Entered: 12/09/2009)	Dec. 9, 2009	Dec. 9, 2009 PACER