Case: Taylor v. City of Saginaw

U.S. Court of Appeals for the Sixth Circuit

Official Class Action Website of Taylor v City of Saginaw

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

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

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)

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

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

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

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)

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

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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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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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)

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

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

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

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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

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)

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)

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

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

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

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)

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

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)

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)

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)

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)

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)

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)

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)

Text-Only Notice of Hearing Cancelled

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)

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)

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)

[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)

Error

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

[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)

Error

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Text-Only Notice of Hearing Cancelled

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)

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

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

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)

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)

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

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)

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

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)

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

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)

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)