Case: Taylor v. City of Saginaw

1:17-cv-11067 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 5, 2017

Closed Date: Sept. 20, 2022

Clearinghouse coding complete

Case Summary

This is the first case to allege that “chalking” tires––the practice of marking a legally parked vehicle to track how long it has been parked––to enforce parking time limits is a Fourth Amendment violation. On April 5, 2017, an individual plaintiff filed an action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Michigan against the City of Saginaw and its parking enforcement officer in her individual capacity. The plaintiff sought injunctive and declaratory relief …

This is the first case to allege that “chalking” tires––the practice of marking a legally parked vehicle to track how long it has been parked––to enforce parking time limits is a Fourth Amendment violation. On April 5, 2017, an individual plaintiff filed an action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Michigan against the City of Saginaw and its parking enforcement officer in her individual capacity. The plaintiff sought injunctive and declaratory relief together with monetary damages (for a refund of all fines obtained via chalking, plus interest), punitive damages, and attorneys fees.

The City filed a motion to dismiss, arguing that chalking did not constitute a Fourth Amendment and that, even if it were a search, community caretaker and administrative search exceptions to warrant requirements applied. On September 15, 2017, Judge Thomas L. Ludington granted the City’s motion to dismiss. The court said that whether chalking is a search is a debatable issue, but that, even if it were a search, there was both a lesser expectation of privacy for automobiles and a community caretaking exception that applied since city officials were acting within their authority to enforce parking ordinances.

The plaintiff appealed to the Sixth Circuit (Judges Donald, Keith, and Kethledge), which reversed the district court decision on April 15, 2019. The court held that chalking tires was a search for Fourth Amendment purposes and that the motor-vehicle expectations for warrantless searches did not apply. Judge Donald, writing for the panel, reasoned that probable cause was required for warrantless searches but that the cars being chalked were legally parked. They also rejected the City’s argument that the community caretaking exception applied because the function of chalking tires was to raise revenue, not to protect public safety. After several media outlets reported on this decision, the court amended its opinion to leave the door open to the possibility that another exception to the warrant requirement may apply.

On remand, the City filed an answer to the complaint on September 17, 2019, including 31 affirmative defenses in their brief. The plaintiff moved to strike all affirmative defenses, largely on the grounds that they were made with insufficient factual bases. In response, Judge Ludington requested that the parties confer regarding the voluminous affirmative defenses, after which the City removed nine. On January 23, 2022, the court struck all but three affirmative defenses. The City were allowed to continue to argue that the plaintiff waived her rights by paying the parking tickets and failed to mitigate her damages. The City also asserted that the statute of limitations had passed. The court also allowed the City to include a qualified immunity argument via motion rather than as an affirmative defense.

After discovery, the City moved for summary judgment on March 9, 2020. The plaintiff moved on April 5, 2020 for class certification, to include anyone whose tires were chalked since April 5, 2014, and a subclass of people who paid tickets as a result of being chalked.

Judge Ludington granted summary judgment for the City and denied class certification as moot on June 9, 2020. The court found that it was within a municipality’s police powers to issue parking tickets and thus that the administrative exception for warrantless searches applied. The court did not address additional exceptions that the City raised, including de minimis searches, community caretaker searches, automobile searches, and searches subject to consent.

After an appeal from the plaintiff and cross-appeal from the City, the Sixth Circuit (Judges Griffin, Larsen, and Nalbandian) reversed the lower court again. Judge Griffin wrote on August 25, 2021, for the panel that the administrative search exception did not apply because municipal parking does not pose a clear and significant risk to public welfare. The appellate court further held that the lower court improperly placed the burden on the plaintiff to show that chalking was unreasonable. The Sixth Circuit continued to hold the door open to another possible exception to the warrant requirement and held that the City’s parking enforcement officer, an individually named defendant, was entitled to qualified immunity.

Once again remanded to the district court, Judge Ludington granted class certification on January 21, 2022. Both the City and plaintiff moved for summary judgment in March. The City requested oral argument, but Judge Ludington did not grant a hearing. Judge Ludington issued a final opinion on August 8, declaring the practice of suspicionless chalking unconstitutional and ordering the City to pay nominal damages for each instance of chalking. The plaintiffs’ request for a permanent injunction was denied as moot since the city voluntarily ceased the practice of chalking in 2019 and had not indicated any intent to resume the practice. The court also denied the class’s demand for ticket fine refunds on causation grounds, reasoning that while the injury of a parking ticket is causally connected to the constitutional violation of chalking, it did not directly flow from it. The parties later stipulated that the City would pay $203,631 in attorneys fees, which the court approved on September 20, 2022.

This case is now closed.

Summary Authors

Robin Peterson (10/23/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6201007/parties/taylor-v-city-of-saginaw/


Attorney for Plaintiff

Ellison, Philip L (Michigan)

Gronda, Matthew E (Michigan)

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Documents in the Clearinghouse

Document

1:17-cv-11067

Complaint for Injunctive and Declaratory Relief

April 5, 2017

April 5, 2017

Complaint
9

1:17-cv-11067

First Amended Complaint

May 17, 2017

May 17, 2017

Complaint
10

1:17-cv-11067

Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)

June 5, 2017

June 5, 2017

Pleading / Motion / Brief
14

1:17-cv-11067

Opinion and Order Granting Motion to Dismiss and Dismissing Plaintiff's Amended Complaint

Sept. 15, 2017

Sept. 15, 2017

Order/Opinion

2017 WL 2017

20

1:17-cv-11067

17-2126

Amended Opinion

U.S. Court of Appeals for the Sixth Circuit

April 25, 2019

April 25, 2019

Order/Opinion

922 F.3d 922

32

1:17-cv-11067

Defendant's Answer to Plaintiff's First Amended Complaint

Sept. 17, 2019

Sept. 17, 2019

Pleading / Motion / Brief
34

1:17-cv-11067

Motion to Strike Affirmative Defenses

Sept. 18, 2019

Sept. 18, 2019

Pleading / Motion / Brief
51

1:17-cv-11067

Order Granting in Part Motion to Strike Affirmative Defenses

Jan. 23, 2020

Jan. 23, 2020

Order/Opinion

2020 WL 2020

64

1:17-cv-11067

Motion for Summary Judgment

March 9, 2020

March 9, 2020

Pleading / Motion / Brief
77

1:17-cv-11067

Order Granting Motion for Summary Judgment & Dismissing Amended Complaint

June 9, 2020

June 9, 2020

Order/Opinion

2020 WL 2020

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6201007/taylor-v-city-of-saginaw/

Last updated April 8, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Class Action) filed by Alison Patricia Taylor against City of Saginaw, Tabitha Hoskins with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6170605 - Fee: $ 400. County of 1st Plaintiff: Saginaw - County Where Action Arose: Saginaw - County of 1st Defendant: Saginaw. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A1 - A14, # 2 Exhibit B, # 3 Exhibit C) (Ellison, Philip) (Entered: 04/05/2017)

1 Exhibit A1 - A14

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2 Exhibit B

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3 Exhibit C

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April 5, 2017

April 5, 2017

PACER
2

SUMMONS Issued for *City of Saginaw* (SOso) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
3

SUMMONS Issued for *Tabitha Hoskins* (SOso) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

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 (SOso)

April 5, 2017

April 5, 2017

PACER
4

NOTICE of Appearance by Matthew E. Gronda on behalf of Alison Patricia Taylor. (Gronda, Matthew) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
5

NOTICE of Appearance by Gregory W. Mair on behalf of All Defendants. (Mair, Gregory) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
6

NOTICE of Appearance by Brett T. Meyer on behalf of All Defendants. (Meyer, Brett) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
7

WAIVER OF SERVICE Returned Executed. City of Saginaw waiver sent on 4/5/2017, answer due 6/5/2017. (Ellison, Philip) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
8

WAIVER OF SERVICE Returned Executed. Tabitha Hoskins waiver sent on 4/5/2017, answer due 6/5/2017. (Ellison, Philip) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
9

AMENDED COMPLAINT with Jury Demand filed by Alison Patricia Taylor against City of Saginaw, Tabitha Hoskins. NO NEW PARTIES ADDED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Ellison, Philip) (Entered: 05/17/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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May 17, 2017

May 17, 2017

Clearinghouse
10

MOTION to Dismiss by All Defendants. (Attachments: # 1 Index of Exhibits Defendants' Index of Exhibits for Their Motion to Dismiss, # 2 Exhibit Jackson v. Williams Opinion) (Meyer, Brett) (Entered: 06/05/2017)

1 Index of Exhibits Defendants' Index of Exhibits for Their Motion to Dismiss

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2 Exhibit Jackson v. Williams Opinion

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June 5, 2017

June 5, 2017

Clearinghouse
11

NOTICE OF HEARING on 10 MOTION to Dismiss . Motion Hearing set for 9/13/2017 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
12

RESPONSE to 10 MOTION to Dismiss filed by Alison Patricia Taylor. (Ellison, Philip) (Entered: 06/25/2017)

June 25, 2017

June 25, 2017

PACER
13

REPLY to Response re 10 MOTION to Dismiss filed by All Defendants. (Meyer, Brett) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER

TEXT-ONLY NOTICE: Motion Hearing on 9/13/2017 is Cancelled re 10 MOTION to Dismiss . Motion will be decided on the papers. (KWin)

Sept. 1, 2017

Sept. 1, 2017

PACER
14

OPINION and ORDER Granting 10 Motion to Dismissing Plaintiff's 9 Amended Complaint. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

Clearinghouse
15

JUDGMENT. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
16

NOTICE OF APPEAL by All Plaintiffs re 15 Judgment. Receipt No: 0645-6400929 - Fee: $ 505 - Fee Status: Fee Paid. (Ellison, Philip) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP
17

Certificate of Service re 16 Notice of Appeal. (Krause, S) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
18

ORDER from U.S. Court of Appeals - Sixth Circuit re 16 Notice of Appeal filed by Alison Patricia Taylor [Appeal Case Number 17-2126] (DWor) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

RECAP
19

OPINION from U.S. Court of Appeals - Sixth Circuit re 16 Notice of Appeal filed by Alison Patricia Taylor [Appeal Case Number 17-2126] (SKra) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
20

AMENDED OPINION AND JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 16 Notice of Appeal filed by Alison Patricia Taylor [Appeal Case Number 17-2126] (DWor) (Entered: 04/26/2019)

April 25, 2019

April 25, 2019

Clearinghouse
21

OPINION from U.S. Court of Appeals - Sixth Circuit re 16 Notice of Appeal filed by Alison Patricia Taylor [Appeal Case Number 17-2126] (SKra) (Entered: 04/26/2019)

April 25, 2019

April 25, 2019

PACER
22

ORDER from U.S. Court of Appeals - Sixth Circuit re 16 Notice of Appeal filed by Alison Patricia Taylor [Appeal Case Number 17-2126] (SKra) (Entered: 05/23/2019)

May 22, 2019

May 22, 2019

PACER
23

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 16 Notice of Appeal filed by Alison Patricia Taylor [Appeal Case Number 17-2126] (SKra) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
24

ATTORNEY APPEARANCE: Kailen C. Piper appearing on behalf of All Defendants (Piper, Kailen) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER
25

NOTICE TO APPEAR: Status Conference set for 7/16/2019 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER

RE-Set Deadlines/Hearings: Status Conference RE-set for 7/23/2019 at 2:00 PM before District Judge Thomas L. Ludington (From 7/16/2019). (KWin)

July 8, 2019

July 8, 2019

PACER
26

ORDER of Withdrawal of Attorney. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER

Minute Entry for proceedings before District Judge Thomas L. Ludington: Status Conference held on 7/23/2019. Disposition: Order to be Issued Re: Supplemental Briefing. (Court Reporter: None Present, Not on the Record) (KWin)

July 23, 2019

July 23, 2019

PACER
27

ORDER Directing Supplemental Briefing and Reopening the Case. (Supplemental Briefs Not Exceeding 5 Pages due by 8/5/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
28

SUPPLEMENTAL BRIEF re 27 Order, Set Deadlines/Hearings filed by Alison Patricia Taylor. (Ellison, Philip) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
29

SUPPLEMENTAL BRIEF re 27 Order, Set Deadlines/Hearings filed by All Defendants. (Mair, Gregory) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
30

CERTIFICATE OF SERVICE re 29 Supplemental Brief by All Defendants (Mair, Gregory) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
31

ORDER Directing Defendants' Answer or Responsive Briefing. (Response due by 9/18/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

RECAP
32

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Piper, Kailen) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

Clearinghouse
33

ORDER to Submit Material for Case Management Order. (Short Statements Submitted to CM/Utilities/Proposed Orders by 10/2/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
34

MOTION to Strike 32 Answer to Amended Complaint re Affirmative Defenses Pursuant to Rule 12(f) by Alison Patricia Taylor. (Ellison, Philip) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

Clearinghouse
34

MOTION to Strike 32 Answer to Amended Complaint re Affirmative Defenses Pursuant to Rule 12(f) by Alison Patricia Taylor. (Ellison, Philip) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

Clearinghouse
35

NOTICE OF HEARING on 34 MOTION to Strike 32 Answer to Amended Complaint re Affirmative Defenses Pursuant to Rule 12(f). Motion Hearing set for 10/22/2019 at 3:30 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
36

RESPONSE to 34 MOTION to Strike 32 Answer to Amended Complaint re Affirmative Defenses Pursuant to Rule 12(f) filed by All Defendants. (Piper, Kailen) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
37

REPLY to Response re 34 MOTION to Strike 32 Answer to Amended Complaint re Affirmative Defenses Pursuant to Rule 12(f) filed by Alison Patricia Taylor. (Ellison, Philip) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
38

Case Management and SCHEDULING ORDER: Discovery due by 2/11/2020; Settlement Conference set for 2/19/2020 at 3:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 3/11/2020; Final Pretrial Conference set for 6/30/2020 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 7/14/2020 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER

Text-Only Notice of Hearing Cancelled

Oct. 16, 2019

Oct. 16, 2019

PACER

TEXT-ONLY NOTICE: Motion Hearing on 10/22/2019 is Cancelled re 34 MOTION to Strike 32 Answer to Amended Complaint re Affirmative Defenses Pursuant to Rule 12(f). Decision will be made without oral argument from the filed papers. (KWin)

Oct. 16, 2019

Oct. 16, 2019

PACER
39

ORDER Directing Supplemental Briefing re 34 Motion to Strike. Plaintiff's Supplemental Briefing due by 12/2/2019; Defendant's Supplemental Briefing Within 7 Days of Plaintiff's Brief. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
40

SUPPLEMENTAL BRIEF re 39 Order Requiring Responsive Pleading, regarding Affirmative Defenses Pleading filed by Alison Patricia Taylor. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - 11/22/2019 Email, # 3 Exhibit B - The Federal Lawyer Article, # 4 Exhibit C - Note, Cleveland State Law Review) (Ellison, Philip) (Entered: 12/01/2019)

Dec. 1, 2019

Dec. 1, 2019

PACER
41

[STRICKEN] CERTIFICATE OF SERVICE by Alison Patricia Taylor re Rule 45 SUBPOENA on nonparty Complus Group (Ellison, Philip) Modified on 12/3/2019 (NAhm). (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER

Error

Dec. 3, 2019

Dec. 3, 2019

PACER

NOTICE of Error directed to: Philip L. Ellison re 41 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (NAhm)

Dec. 3, 2019

Dec. 3, 2019

PACER
42

SUPPLEMENTAL BRIEF re 39 Order Requiring Responsive Pleading, and Brief in Opposition to Plaintiff's Motion to Strike Affirmative Defenses filed by City of Saginaw, Tabitha Hoskins. (Mair, Gregory) (Entered: 12/06/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
43

MOTION to Compel Discovey, MOTION for Order to Determine the Sufficiency of a Request to Admit by Alison Patricia Taylor. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Discovery Responses, # 3 Exhibit B - Sample FOIA Response Record, # 4 Exhibit C - Dfs Initial Disclosures) (Ellison, Philip) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
44

NOTICE OF HEARING on 43 MOTION to Compel Discovey MOTION for Order to Determine the Sufficiency of a Request to Admit. Motion Hearing set for 1/22/2020 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
45

REPLY to Response re 43 MOTION to Compel Discovey MOTION for Order to Determine the Sufficiency of a Request to Admit filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Discovery Request -Exhibit 1, # 3 Exhibit Answers to Discovery Request- Exhibit 2) (Piper, Kailen) (Entered: 12/26/2019)

Dec. 26, 2019

Dec. 26, 2019

PACER
46

REPLY to Response re 43 MOTION to Compel Discovey MOTION for Order to Determine the Sufficiency of a Request to Admit filed by Alison Patricia Taylor. (Attachments: # 1 Exhibit 1 - Email) (Ellison, Philip) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
47

MOTION to Certify Class and Appoint Class Counsel by Alison Patricia Taylor. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Ticket Data, # 3 Exhibit B - Gronda Declaration, # 4 Exhibit C - Ellison Declaration) (Ellison, Philip) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
48

RE-NOTICE OF HEARING on 43 MOTION to Compel Discovey MOTION for Order to Determine the Sufficiency of a Request to Admit. Motion Hearing RE-set for 2/4/2020 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
49

ATTORNEY APPEARANCE: Nicholas Paul Gamber appearing on behalf of All Defendants (Gamber, Nicholas) (Entered: 01/20/2020)

Jan. 20, 2020

Jan. 20, 2020

PACER
50

NOTICE OF HEARING on 47 MOTION to Certify Class and Appoint Class Counsel. Motion Hearing set for 3/17/2020 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
51

ORDER Granting in Part 34 Motion to Strike Affirmative Defenses. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

Clearinghouse
52

[STRICKEN PER ERROR NOTICE] RESPONSE to 47 MOTION to Certify Class and Appoint Class Counsel in opposition filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2) (Piper, Kailen) Modified on 1/27/2020 (KWin). (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER

Error

Jan. 27, 2020

Jan. 27, 2020

PACER

NOTICE of Error directed to: Kailen C. Piper re 52 Response to Motion. Per ECF Policies and Procedures Rule 18(b)(3) Exhibits - An Index of Exhibits Must be Attached; Each Exhibit Must be Attached Individually and Each Attachment Must be Individually Named - Not by Letter or Number. Document 52 was Stricken. Please Re-file With the Correction.. [No Image Associated with this docket entry] (KWin)

Jan. 27, 2020

Jan. 27, 2020

PACER
53

RESPONSE to 47 MOTION to Certify Class and Appoint Class Counsel filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1- Vinny's landscaping, Inc., v. United Auto Credit Corporation, 207 F.Supp. 3d 746 (2016), # 3 Exhibit Exhibit 2 -Tabitha Hoskin's Deposition Transcript) (Piper, Kailen) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER

RE-Set Hearings: Settlement Conference RE-set for 2/25/2020 at 4:00 PM before District Judge Thomas L. Ludington (From 2/19/2020). (KWin)

Jan. 28, 2020

Jan. 28, 2020

PACER
54

REPLY to Response re 47 MOTION to Certify Class and Appoint Class Counsel filed by Alison Patricia Taylor. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Taylor Deposition Transcript, # 3 Exhibit 2 - Data Sheet) (Ellison, Philip) (Entered: 02/02/2020)

Feb. 2, 2020

Feb. 2, 2020

PACER

Minute Entry for proceedings before District Judge Thomas L. Ludington: Motion Hearing held on 2/4/2020 re 43 MOTION to Compel Discovey MOTION for Order to Determine the Sufficiency of a Request to Admit filed by Alison Patricia Taylor. Disposition: Motion granted in part and denied in part. (Court Reporter: Carol Harrison) (KWin)

Feb. 4, 2020

Feb. 4, 2020

PACER
55

ORDER Granting in Part 43 Motion to Compel. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
56

MOTION for Sanctions re Spoliation by Alison Patricia Taylor. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Hoskins Dep, # 3 Exhibit B - Discovery Response, # 4 Exhibit C - 01/14/2020 Emails, # 5 Exhibit D - 02/13/2020 Emails, # 6 Exhibit E - City of Saginaws FOIA Response, # 7 Exhibit F - Hoskins Affidavit) (Ellison, Philip) (Entered: 02/16/2020)

Feb. 16, 2020

Feb. 16, 2020

PACER
57

MOTION for Leave to File Excess Pages and Brief, MOTION Excess Pages by All Defendants. (Mair, Gregory) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
58

RESPONSE to 57 MOTION for Leave to File Excess Pages and Brief MOTION Excess Pages filed by Alison Patricia Taylor. (Ellison, Philip) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
59

TRANSCRIPT of Motion held on 02/04/2020. (Court Reporter: Carol Harrison) (Number of Pages: 40) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/11/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/19/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (CHar) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
60

RESPONSE to 56 MOTION for Sanctions re Spoliation filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1- Plaintiffs Complaint, # 3 Exhibit Exhibit 2- Order of Dismissal, # 4 Exhibit Exhibit 3-Amended Opinion, # 5 Exhibit Exhibit 4-Discovery Request, # 6 Exhibit Exhibit 5- Answers to Discovery Request, # 7 Exhibit Exhibit 6-Court Transcript, # 8 Exhibit Exhibit 7-Supplemental Answers to Discovery Request, # 9 Exhibit Exhibit 8-Email Correspondence with Matthew Gronda, # 10 Exhibit Exhibit 9-Email Correspondence with Eva Wojtalewski) (Gamber, Nicholas) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
61

ORDER Granting in Part 57 Motion for Excess Pages. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER

Minute Entry for proceedings before District Judge Thomas L. Ludington: Settlement Conference held on 2/25/2020. Disposition: No settlement reached. (Court Reporter: None Present, Not on the Record) (KWin)

Feb. 25, 2020

Feb. 25, 2020

PACER
62

Ex Parte MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Sanctions re Spoliation by Alison Patricia Taylor. (Ellison, Philip) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
63

MOTION TO EXTEND Plaintiff's MSJ Filing Deadline by Alison Patricia Taylor. (Ellison, Philip) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
64

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1-John Stemple Affidavit, # 3 Exhibit Exhibit 2- Deposition of Tabitha Hoskins, # 4 Exhibit Exhibit 3- Tabitha Hoskins Affidavit, # 5 Exhibit Exhibit 4- Saginaw Ordinance, # 6 Exhibit Exhibit 5- Photos) (Mair, Gregory) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

Clearinghouse
65

RE-NOTICE OF HEARING ON 47 MOTION to Certify Class and Appoint Class Counsel and NOTICE OF HEARING on 64 MOTION for Summary Judgment. Motion Hearings set for 5/19/2020 at 2:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
66

ORDER Denying 63 Motion to Extend Deadline for Filing Plaintiff's Motion for Summary Judgment and Granting in Part Plaintiff's 62 Motion to Extend Deadline to file Reply Brief (re: 56 Motion for Sanctions). ( Response due by 3/13/2020. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

RECAP
67

Order Accepting in Part Stipulation to Extend Plaintiff's Response to Deadline Re 64 MOTION for Summary Judgment. (Response due by 4/6/2020.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
68

RESPONSE to 64 MOTION for Summary Judgment with Exhibits A through J filed by Alison Patricia Taylor. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Tickets and Photos, # 3 Exhibit B - City Website Printout, # 4 Exhibit C - Ordinance, # 5 Exhibit D- Taylor Declaration, # 6 Exhibit E - Wand Photo, # 7 Exhibit F - Ticket Handheld, # 8 Exhibit G - Taylor Dep, # 9 Exhibit H - Sample Photos, # 10 Exhibit I - Hoskins Dep, # 11 Exhibit J - License Plate Records) (Ellison, Philip) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
69

ORDER rejecting Stipulation and Proposed Order Directing Plaintiff to File Reply 56 Motion for Sanctions. Reply due by 4/14/2020. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
70

REPLY to Response re 56 MOTION for Sanctions re Spoliation filed by Alison Patricia Taylor. (Attachments: # 1 Exhibit A - Stip and Order) (Ellison, Philip) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
71

REPLY to Response re 64 MOTION for Summary Judgment filed by City of Saginaw, Tabitha Hoskins. (Attachments: # 1 Exhibit Exhibit 6) (Mair, Gregory) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
72

ORDER Directing Supplemental Briefing by Defendants. (Defendant's Supplemental Briefing due by 4/27/2020.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
73

SUPPLEMENTAL BRIEF re 72 Order, Set Deadlines/Hearings filed by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Emails to Passport Inc., # 3 Exhibit 2 - Emails between Counsel, # 4 Exhibit 3 - Letters Between Parties, # 5 Exhibit 4 - Court Transcript) (Mair, Gregory) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Text-Only Notice of Hearing Cancelled

May 12, 2020

May 12, 2020

PACER

TEXT-ONLY NOTICE: Motion Hearings on 5/19/2020 are Cancelled re 64 MOTION for Summary Judgment, and 47 MOTION to Certify Class and Appoint Class Counsel. Motions will be Decided Without Oral Argument on the Filed Papers. (KWin)

May 12, 2020

May 12, 2020

PACER
74

STIPULATION AND ORDER to Extend Motion in Limine Deadline. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
75

ORDER Denying 56 Motion for Sanctions. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

RECAP
76

MOTION for Withdrawal of Attorney Nicholas Gamber by All Defendants. (Attachments: # 1 Exhibit 1 - Stipulated Order to Withdraw Attorney) (Mair, Gregory) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
77

ORDER Granting 64 Motion for Summary Judgment and Dismissing 9 Amended Complaint. (Terminating 47 Motion to Certify Class and 76 Motion to Withdraw as Attorney.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

Clearinghouse
78

JUDGMENT. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
79

NOTICE OF APPEAL by Alison Patricia Taylor re 78 Judgment. Receipt No: AMIEDC-7852728 - Fee: $ 505 - Fee Status: Fee Paid. (Ellison, Philip) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
80

Certificate of Service re 79 Notice of Appeal. (SKra) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
81

NOTICE OF CROSS APPEAL by All Defendants re 77 Order on Motion to Certify Class, Order on Motion for Summary Judgment, Order on Motion to Withdraw as Attorney. Receipt No: AMIEDC-7880867 - Fee: $ 505 - Fee Status: Fee Paid. (Piper, Kailen) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

Clearinghouse
82

Certificate of Service re 81 Notice of Cross Appeal,. (SKra) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
83

ORDER from U.S. Court of Appeals - Sixth Circuit re 79 Notice of Appeal filed by Alison Patricia Taylor, 81 Notice of Cross Appeal, filed by City of Saginaw, Tabitha Hoskins [Appeal Case Number 20-1538 / 20-1588] (TTho) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
84

OPINION from U.S. Court of Appeals - Sixth Circuit re 79 Notice of Appeal filed by Alison Patricia Taylor, 81 Notice of Cross Appeal, filed by City of Saginaw, Tabitha Hoskins [Appeal Case Number 20-1538/1588] (SKra) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Policing

Key Dates

Filing Date: April 5, 2017

Closing Date: Sept. 20, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of people whose tires were chalked by a City of Saginaw parking enforcement officer without a warrant

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Saginaw (City of Saginaw), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 203,631

Issues

General/Misc.:

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