Case: Lowden v. Clare County

1:09-cv-11209 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 1, 2009

Closed Date: Nov. 18, 2011

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Case Summary

On April 1, 2009, two residents of Clare County, Michigan brought a lawsuit against Clare County and two sheriff's deputies in the United States District Court for the Eastern District of Michigan. The plaintiffs alleged that Michigan Compiled Laws § 750.167d (the “Michigan funeral protest statute”) violated the plaintiffs’ constitutional rights pursuant to 42 U.S.C. § 1983, based on the investigatory stop and subsequent arrest of the plaintiffs during a funeral procession on September 26, 2009…

The Michigan funeral protest statute provides: “(1) A person shall not do any of the following within 500 feet of a building or other location where a funeral, memorial service, or viewing of a deceased person is being conducted or within 500 feet of a funeral procession or burial ... (c) Engage in any other conduct that the person knows or should reasonably know will disturb, disrupt, or adversely affect the funeral, memorial service, viewing of the deceased person, funeral procession, or burial. (2) A person who violates subsection (1) is a disorderly person and is guilty of a felony punishable as provided under section 168. Mich. Comp. Laws § 750.167d. A violation of the statute is punishable by up to two years imprisonment. Mich. Comp. Laws § 750.168.”

The plaintiffs’ claims were based on challenging the “adversely affect” language of the statute, its application to an area within 500 feet of a funeral or related event, and its general application to a funeral or related events. The plaintiffs alleged four counts pursuant to 42 U.S.C. § 1983, including: (1) violation of the plaintiffs’ First Amendment rights based on the statute’s overbreadth; (2) violation of the plaintiff's right to due process under the Fourteenth Amendment because of the vagueness of the statutory provision; (3) violation of the plaintiff's Fourth Amendment right to be free from unreasonable searches and seizures; and (4) Clare County’s municipal liability for its violations of the First, Fourth, and Fourteenth Amendments.

The plaintiffs also sought a declaration that the plaintiffs’ First, Fourth, and Fourteenth Amendment rights were violated by all the defendants; a declaration that the Michigan funeral protest statute was unconstitutional on its face; compensatory damages and attorney’s fees incurred to defend criminal charges; fees to recover the plaintiffs’ van from an impound lot; and costs and attorneys’ fees pursuant to 42 U.S.C. § 1988.

The case was assigned to District Judge Thomas L. Ludington.

The defendants filed a motion to dismiss and a motion for judgment on the pleadings on July 30, 2009. On November 24, 2009, the plaintiffs filed a motion for partial judgment on the pleadings and for declaratory relief.

On January 29, 2010, the Michigan Attorney General intervened in the case pursuant to 28 U.S.C. § 2403(b) to defend the constitutionality of the Michigan funeral protest statute. On the same day, the Michigan Attorney General defendant filed a motion for summary judgment.

On March 26, 2010, Judge Ludington ruled on three motions: (1) County and individual defendants’ motion for summary judgment and to dismiss filed on January 30, 2010, (2) the plaintiffs’ motion for partial judgment filed on November 24, 2009, and (3) the Attorney General defendant’s motion for summary judgment filed on January 29, 2010. 709 F.Supp.2d 540.

First, the court granted in part and denied in part the County and individual defendants’ motion to dismiss. The court concluded that the County and individual defendants were not entitled to dismissal of plaintiffs’ claims because the plaintiffs pleaded sufficient facts to plausibly suggest an actionable municipal policy. On the motion to dismiss, the court determined that the County defendants were not entitled to qualified immunity on the plaintiffs’ Fourth Amendment cause of action or the plaintiffs’ as-applied First and Fourteenth Amendment causes of action, because the County defendants’ conduct violated the plaintiffs’ clearly established constitutional rights. However, the Court found that the two County defendant sheriffs were entitled to qualified immunity on plaintiffs’ First and Fourteenth Amendment facial challenges to the Michigan funeral protest statute, because it was not clearly established that the statute was unconstitutional on its face.

Second, the court denied in part and denied without prejudice in part the plaintiffs’ motion for partial judgment. The court denied plaintiffs’ motion for partial judgment on the pleadings without prejudice, and invited additional briefing on the constitutionality of the statute.

Third, the court denied without prejudice the Michigan Attorney General defendant’s motion for summary judgment, finding that the factual circumstances of the plaintiffs’ arrest to not be needed for determining the constitutionality of the statute.

The court, on July 1, 2010, entered judgment on the petition for declaratory relief. 709 F.Supp.2d 569. The court considered Sixth Circuit precedent to determine whether declaratory relief was appropriate, particularly whether a declaratory judgment “will serve a useful purpose in clarifying and settling the legal relations in issue” and will “terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to the proceeding.” In weighing the factors contributing to the principles, the court found it was appropriate to entertain the request for declaratory relief but stipulated that the case must proceed further before determining the precise scope of relief.

In the same order, the court considered the Attorney General’s arguments that the court should abstain from considering the constitutionality of the funeral protest statute under the Pullman doctrine and should abstain from hearing the case under the Burford doctrine. The court found that Pullman abstention was not appropriate, given the overbreadth and vagueness of the statute. The court also found that Burford abstention was not appropriate, as the Attorney General’s statements on the consequences of declaratory relief were contradictory and that relief would implicate a single law and not a complex regulatory scheme.

On July 16, 2010, the plaintiffs renewed their motion for declaratory judgment. The plaintiffs then filed a motion to file a first amended complaint on October 5, 2010. However, the court denied the plaintiff’s motion to file a first amended complaint as moot on October 8, 2010.

The plaintiffs filed an amended complaint with a jury demand on October 8, 2010. The amended complaint included additional defendants, particularly individual officers of Clare County Sheriff’s Department.

The plaintiffs filed a motion for partial summary judgment on February 22, 2011 against the County defendants and individual plaintiffs, claiming that they were arrested under an unconstitutional statute that was applied and enforced by such defendants. The plaintiffs sought summary judgment as to liability only, leaving the question of damages to a jury. The County defendants filed a motion for summary judgment on March 3, 2011.

On April 6, 2011, the court denied the plaintiffs’ renewed motion for declaratory judgment. 2011 WL 1304869. The court found it would be prudent to decline the motion, given that the parties had proceedings to litigate the claims.

On September 8, 2011, the court entered judgment on the plaintiffs’ motion for partial summary judgment, filed on February 22, 2011, and the County defendants’ motion for summary judgment, filed on March 3, 2011. 2011 WL 3958488.

First, the court ordered that the plaintiffs’ motion for partial summary judgment was granted in part. The court found that because it was always unlawful to enforce a facially unconstitutional statute, a person arrested under the authority of such a statute necessarily suffered a constitutional injury and consequently the plaintiffs' constitutional rights were violated. The court also found that, pursuant to 28 U.S.C. § 2201 and Federal Rule of Civil Procedure 57, that the Michigan funeral protest statute was unconstitutional on its face under the First and Fourteenth Amendments insofar as it prohibited conduct that would “adversely affect” a funeral or funeral-related event as set forth in the statute. The court denied the plaintiff’s due process violation claim, because the court found that the plaintiffs confused their constitutionality challenge of the statute with the constitutional conduct of the arresting officer.

Second, the court granted County defendants’ motion for summary judgment on the plaintiffs’ municipal liability claim, because the court found that the municipality did not have a policy of violating constitutional sufficient to impose liability under the Monell doctrine.

The parties reached a settlement agreement on November 14, 2011 with the County defendant agreeing to pay $122,500. The case was dismissed with prejudice and without costs per the terms of a settlement agreement on November 18, 2011. This case is closed.

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Summary Authors

Takeshi Yamamoto (12/1/2022)

Andrew Eslich (2/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4291488/parties/lowden-v-clare-county-of/

Judge(s)

Attorney for Plaintiff

Davis, Hugh M. (Michigan)

Heenan, Cynthia (Michigan)

Attorney for Defendant

Aseltyne, Patrick A. (Michigan)

Field, S. Randall (Michigan)

Kolkema, Jason D. (Michigan)

Judge(s)

Ludington, Thomas Lamson (Michigan)

Attorney for Plaintiff

Davis, Hugh M. (Michigan)

Heenan, Cynthia (Michigan)

Korobkin, Daniel S. (Michigan)

Steinberg, Michael J. (Michigan)

Attorney for Defendant

Aseltyne, Patrick A. (Michigan)

Field, S. Randall (Michigan)

Kolkema, Jason D. (Michigan)

Nelson, Margaret A. (Michigan)

Reed, Shaina R. (Michigan)

Sherman, Ann M. (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:09-cv-11209	Complaint	April 1, 2009	April 1, 2009 Complaint
12 1:09-cv-11209	Order Granting Emergency Motion to Take Deposition from Lewis Lowden Due to his Deteriorating Health and Granting Plaintiffs Leave to Take the Deposition of Plaintiff Lewis Lowden	May 19, 2009	May 19, 2009 Order/Opinion
52 1:09-cv-11209	Order on Motion for Summary Judgment	March 26, 2010	March 26, 2010 Order/Opinion 709 F.Supp.2d 540
58 1:09-cv-11209	Opinion and Order Regarding Declaratory Relief	July 1, 2010	July 1, 2010 Order/Opinion 709 F.Supp.2d 569
69 1:09-cv-11209	Plaintiffs' First Amended Complaint	Oct. 8, 2010	Oct. 8, 2010 Complaint
81 1:09-cv-11209	Plaintiffs’ Motion for Partial Summary Judgment	Feb. 22, 2011	Feb. 22, 2011 Pleading / Motion / Brief
81 1:09-cv-11209	Plaintiffs' Motion for Partial Summary Judgment	Feb. 22, 2011	Feb. 22, 2011 Pleading / Motion / Brief
96 1:09-cv-11209	Order Denying Plaintiffs’ Renewed Motion for Declaratory Judgment Without Prejudice	April 6, 2011	April 6, 2011 Order/Opinion 2011 WL 1304869
96 1:09-cv-11209	Order Denying Plaintiffs’ Renewed Motion for Declaratory Judgment Without Prejudice	April 6, 2011	April 6, 2011 Order/Opinion 2011 WL 1304869
110 1:09-cv-11209	Opinion and Order	Sept. 8, 2011	Sept. 8, 2011 Order/Opinion 2011 WL 3958488

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4291488/lowden-v-clare-county-of/

Last updated March 17, 2024, 3:08 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Lewis Lowden, Robert Lowden against all defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000001932666 - Fee: $ 350. County of 1st Plaintiff: Gratiot - County Where Action Arose: Clare - County of 1st Defendant: Clare. [Previously dismissed case: No] [Possible companion case(s): None] (Korobkin, Daniel) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 Clearinghouse
1	COMPLAINT filed by Lewis Lowden, Robert Lowden against all defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000001932666 - Fee: $ 350. County of 1st Plaintiff: Gratiot - County Where Action Arose: Clare - County of 1st Defendant: Clare. [Previously dismissed case: No] [Possible companion case(s): None] (Korobkin, Daniel) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 Clearinghouse
2	SUMMONS Issued for Clare, County of, Lawrence Kahsin, Calvin Woodcock (SSch) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 RECAP
2	SUMMONS Issued for Clare, County of, Lawrence Kahsin, Calvin Woodcock (SSch) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 PACER
3	NOTICE of Appearance by Cynthia Heenan on behalf of Lewis Lowden, Robert Lowden. (Heenan, Cynthia) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 PACER
3	NOTICE of Appearance by Cynthia Heenan on behalf of Lewis Lowden, Robert Lowden. (Heenan, Cynthia) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 PACER
4	NOTICE of Appearance by Hugh M. Davis, Jr on behalf of Lewis Lowden, Robert Lowden. (Davis, Hugh) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 PACER
4	NOTICE of Appearance by Hugh M. Davis, Jr on behalf of Lewis Lowden, Robert Lowden. (Davis, Hugh) (Entered: 04/01/2009)	April 1, 2009	April 1, 2009 PACER
5	NOTICE of Appearance by Michael J. Steinberg on behalf of Lewis Lowden, Robert Lowden. (Steinberg, Michael) (Entered: 04/02/2009)	April 2, 2009	April 2, 2009 PACER
5	NOTICE of Appearance by Michael J. Steinberg on behalf of Lewis Lowden, Robert Lowden. (Steinberg, Michael) (Entered: 04/02/2009)	April 2, 2009	April 2, 2009 PACER
6	CERTIFICATE of Service/Summons Returned Executed. Clare, County of served on 4/6/2009, answer due 4/27/2009. (Korobkin, Daniel) (Entered: 04/13/2009)	April 13, 2009	April 13, 2009 PACER
6	CERTIFICATE of Service/Summons Returned Executed. Clare, County of served on 4/6/2009, answer due 4/27/2009. (Korobkin, Daniel) (Entered: 04/13/2009)	April 13, 2009	April 13, 2009 PACER
7	CERTIFICATE of Service/Summons Returned Executed. Lawrence Kahsin served on 4/6/2009, answer due 4/27/2009. (Korobkin, Daniel) (Entered: 04/13/2009)	April 13, 2009	April 13, 2009 PACER
7	CERTIFICATE of Service/Summons Returned Executed. Lawrence Kahsin served on 4/6/2009, answer due 4/27/2009. (Korobkin, Daniel) (Entered: 04/13/2009)	April 13, 2009	April 13, 2009 PACER
8	ATTORNEY APPEARANCE: Patrick A. Aseltyne appearing on behalf of Clare, County of, Lawrence Kahsin and Proof of Service (Aseltyne, Patrick) (Entered: 04/24/2009)	April 24, 2009	April 24, 2009 PACER
8	ATTORNEY APPEARANCE: Patrick A. Aseltyne appearing on behalf of Clare, County of, Lawrence Kahsin and Proof of Service (Aseltyne, Patrick) (Entered: 04/24/2009)	April 24, 2009	April 24, 2009 PACER
9	ATTORNEY APPEARANCE: Jason D. Kolkema appearing on behalf of Clare, County of, Lawrence Kahsin and Proof of Service (Kolkema, Jason) (Entered: 04/24/2009)	April 24, 2009	April 24, 2009 PACER
9	ATTORNEY APPEARANCE: Jason D. Kolkema appearing on behalf of Clare, County of, Lawrence Kahsin and Proof of Service (Kolkema, Jason) (Entered: 04/24/2009)	April 24, 2009	April 24, 2009 PACER
10	Emergency MOTION to Take Deposition from Lewis Lowden Due to His Deteriorating Health by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 PACER
10	Emergency MOTION to Take Deposition from Lewis Lowden Due to His Deteriorating Health by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 PACER
11	ANSWER to Complaint with Affirmative Defenses and Proof of Service by Clare, County of, Lawrence Kahsin. (Kolkema, Jason) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 PACER
11	ANSWER to Complaint with Affirmative Defenses and Proof of Service by Clare, County of, Lawrence Kahsin. (Kolkema, Jason) (Entered: 05/15/2009)	May 15, 2009	May 15, 2009 PACER
12	ORDER granting 10 Motion to Take Deposition from Lewis Lowden. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 05/19/2009)	May 19, 2009	May 19, 2009 Clearinghouse
12	ORDER granting 10 Motion to Take Deposition from Lewis Lowden. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 05/19/2009)	May 19, 2009	May 19, 2009 Clearinghouse
13	CERTIFICATE of Service/Summons Returned Executed. Calvin Woodcock served on 5/28/2009, answer due 6/17/2009. (Korobkin, Daniel) (Entered: 06/04/2009)	June 4, 2009	June 4, 2009 PACER
13	CERTIFICATE of Service/Summons Returned Executed. Calvin Woodcock served on 5/28/2009, answer due 6/17/2009. (Korobkin, Daniel) (Entered: 06/04/2009)	June 4, 2009	June 4, 2009 PACER
14	ORDER to submit material for case management order., ( Responses due by 7/15/2009) Signed by District Judge Thomas L Ludington. (TJac) (Entered: 06/26/2009)	June 26, 2009	June 26, 2009 PACER
14	ORDER to submit material for case management order., ( Responses due by 7/15/2009) Signed by District Judge Thomas L Ludington. (TJac) (Entered: 06/26/2009)	June 26, 2009	June 26, 2009 PACER
15	NOTICE of Appearance by Jason D. Kolkema on behalf of Calvin Woodcock. (Kolkema, Jason) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009 PACER
15	NOTICE of Appearance by Jason D. Kolkema on behalf of Calvin Woodcock. (Kolkema, Jason) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009 PACER
16	NOTICE of Appearance by Patrick A. Aseltyne on behalf of Calvin Woodcock. (Aseltyne, Patrick) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009 PACER
16	NOTICE of Appearance by Patrick A. Aseltyne on behalf of Calvin Woodcock. (Aseltyne, Patrick) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009 PACER
17	ANSWER to Complaint with Affirmative Defenses with Jury Demand and Proof of Service by Calvin Woodcock. (Kolkema, Jason) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009 PACER
17	ANSWER to Complaint with Affirmative Defenses with Jury Demand and Proof of Service by Calvin Woodcock. (Kolkema, Jason) (Entered: 06/30/2009)	June 30, 2009	June 30, 2009 PACER
18	CASE MANAGEMENT AND SCHEDULING ORDER: Settlement Conference set for 1/21/2010 03:30 PM before District Judge Thomas L Ludington Discovery due by 1/29/2010 Dispositive Motion Cut-off set for 2/26/2010 Final Pretrial Conference set for 6/21/2010 03:30 PM before District Judge Thomas L Ludington Jury Trial set for 6/28/2010 08:30 AM before District Judge Thomas L Ludington Signed by District Judge Thomas L Ludington. (Refer to image for additional dates) (TJac) (Entered: 07/29/2009)	July 29, 2009	July 29, 2009 PACER
18	CASE MANAGEMENT AND SCHEDULING ORDER: Settlement Conference set for 1/21/2010 03:30 PM before District Judge Thomas L Ludington Discovery due by 1/29/2010 Dispositive Motion Cut-off set for 2/26/2010 Final Pretrial Conference set for 6/21/2010 03:30 PM before District Judge Thomas L Ludington Jury Trial set for 6/28/2010 08:30 AM before District Judge Thomas L Ludington Signed by District Judge Thomas L Ludington. (Refer to image for additional dates) (TJac) (Entered: 07/29/2009)	July 29, 2009	July 29, 2009 PACER
19	MOTION for Leave to File Excess Pages with Proof of Service by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 07/30/2009)	July 30, 2009	July 30, 2009 PACER
19	MOTION for Leave to File Excess Pages with Proof of Service by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 07/30/2009)	July 30, 2009	July 30, 2009 PACER
20	MOTION to Dismiss, MOTION for Judgment on the Pleadings by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Photographs, # 3 Exhibit 2 - Incident Report, # 4 Exhibit 3 - Bill Analysis) (Kolkema, Jason) (Entered: 07/30/2009)	July 30, 2009	July 30, 2009 PACER
20	MOTION to Dismiss, MOTION for Judgment on the Pleadings by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Photographs, # 3 Exhibit 2 - Incident Report, # 4 Exhibit 3 - Bill Analysis) (Kolkema, Jason) (Entered: 07/30/2009)	July 30, 2009	July 30, 2009 PACER
21	ORDER granting 19 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. [Brief not to exceed 22 pages] (SGam) (Entered: 08/03/2009)	Aug. 3, 2009	Aug. 3, 2009 PACER
21	ORDER granting 19 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. [Brief not to exceed 22 pages] (SGam) (Entered: 08/03/2009)	Aug. 3, 2009	Aug. 3, 2009 PACER
22	NOTICE of hearing on 20 MOTION to Dismiss, MOTION for Judgment on the Pleadings. Motion Hearing set for 9/24/2009 02:00 PM before District Judge Thomas L Ludington. (TJac) (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009 PACER
22	NOTICE of hearing on 20 MOTION to Dismiss, MOTION for Judgment on the Pleadings. Motion Hearing set for 9/24/2009 02:00 PM before District Judge Thomas L Ludington. (TJac) (Entered: 08/07/2009)	Aug. 7, 2009	Aug. 7, 2009 PACER
23	RESPONSE to 20 MOTION to Dismiss MOTION for Judgment on the Pleadings filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 08/20/2009)	Aug. 20, 2009	Aug. 20, 2009 RECAP
23	RESPONSE to 20 MOTION to Dismiss MOTION for Judgment on the Pleadings filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 08/20/2009)	Aug. 20, 2009	Aug. 20, 2009 RECAP
24	MOTION for Leave to File Excess Pages (Unopposed) by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 08/20/2009)	Aug. 20, 2009	Aug. 20, 2009 PACER
24	MOTION for Leave to File Excess Pages (Unopposed) by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 08/20/2009)	Aug. 20, 2009	Aug. 20, 2009 PACER
25	ORDER granting 24 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 08/24/2009)	Aug. 24, 2009	Aug. 24, 2009 PACER
25	ORDER granting 24 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 08/24/2009)	Aug. 24, 2009	Aug. 24, 2009 PACER
26	MOTION for Leave to File Excess Pages with Proof of Service by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 08/31/2009)	Aug. 31, 2009	Aug. 31, 2009 PACER
26	MOTION for Leave to File Excess Pages with Proof of Service by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 08/31/2009)	Aug. 31, 2009	Aug. 31, 2009 PACER
27	REPLY to Response re 20 MOTION to Dismiss MOTION for Judgment on the Pleadings with Proof of Service filed by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 08/31/2009)	Aug. 31, 2009	Aug. 31, 2009 PACER
27	REPLY to Response re 20 MOTION to Dismiss MOTION for Judgment on the Pleadings with Proof of Service filed by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 08/31/2009)	Aug. 31, 2009	Aug. 31, 2009 PACER
28	ORDER granting 26 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (TJac) (Entered: 09/08/2009)	Sept. 8, 2009	Sept. 8, 2009 PACER
28	ORDER granting 26 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (TJac) (Entered: 09/08/2009)	Sept. 8, 2009	Sept. 8, 2009 PACER
29	CERTIFICATE OF SERVICE by Clare, County of, Lawrence Kahsin, Calvin Woodcock on Defendants' Joint Offer of Judgment (Kolkema, Jason) (Entered: 09/11/2009)	Sept. 11, 2009	Sept. 11, 2009 PACER
29	CERTIFICATE OF SERVICE by Clare, County of, Lawrence Kahsin, Calvin Woodcock on Defendants' Joint Offer of Judgment (Kolkema, Jason) (Entered: 09/11/2009)	Sept. 11, 2009	Sept. 11, 2009 PACER
30	ORDER Staying Scheduling Order for Forty-Five Days and Scheduling Status Conference. (Status Conference set for 11/20/2009 02:00 PM before District Judge Thomas L Ludington) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 09/28/2009)	Sept. 28, 2009	Sept. 28, 2009 PACER
30	ORDER Staying Scheduling Order for Forty-Five Days and Scheduling Status Conference. (Status Conference set for 11/20/2009 02:00 PM before District Judge Thomas L Ludington) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 09/28/2009)	Sept. 28, 2009	Sept. 28, 2009 PACER
31	MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 PACER
31	MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 PACER
32	MOTION for Leave to File Excess Pages (Unopposed) by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 PACER
32	MOTION for Leave to File Excess Pages (Unopposed) by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 PACER
33	NOTICE by Lewis Lowden, Robert Lowden re 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief OF CONSTITUTIONAL QUESTION (Korobkin, Daniel) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 PACER
33	NOTICE by Lewis Lowden, Robert Lowden re 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief OF CONSTITUTIONAL QUESTION (Korobkin, Daniel) (Entered: 11/24/2009)	Nov. 24, 2009	Nov. 24, 2009 PACER
34	ORDER Continuing Stay and Scheduling Hearing. Set Motion Hearings as to 20 MOTION to Dismiss MOTION for Judgment on the Pleadings, 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief: (Motion Hearing set for 3/17/2010 02:00 PM before District Judge Thomas L Ludington) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009 PACER
34	ORDER Continuing Stay and Scheduling Hearing. Set Motion Hearings as to 20 MOTION to Dismiss MOTION for Judgment on the Pleadings, 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief: (Motion Hearing set for 3/17/2010 02:00 PM before District Judge Thomas L Ludington) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009 PACER
35	Notice to Attorney General of Michigan Pursuant to 28 USC Section 2403 and FRCP 5.1(B). (Responses due by 2/1/2010) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009 PACER
35	Notice to Attorney General of Michigan Pursuant to 28 USC Section 2403 and FRCP 5.1(B). (Responses due by 2/1/2010) Signed by District Judge Thomas L Ludington. (SGam) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009 PACER
36	ORDER granting 32 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 12/02/2009)	Dec. 2, 2009	Dec. 2, 2009 PACER
36	ORDER granting 32 Motion for Leave to File Excess Pages. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 12/02/2009)	Dec. 2, 2009	Dec. 2, 2009 PACER
37	STIPULATION AND ORDER Extending Deadline for Response. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 01/15/2010)	Jan. 15, 2010	Jan. 15, 2010 PACER
37	STIPULATION AND ORDER Extending Deadline for Response. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 01/15/2010)	Jan. 15, 2010	Jan. 15, 2010 PACER
38	MOTION to Intervene by Michael A. Cox. (Nelson, Margaret) (Entered: 01/29/2010)	Jan. 29, 2010	Jan. 29, 2010 PACER
38	MOTION to Intervene by Michael A. Cox. (Nelson, Margaret) (Entered: 01/29/2010)	Jan. 29, 2010	Jan. 29, 2010 PACER
39	MOTION for Summary Judgment with Brief in Support by Michael A. Cox. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2) (Nelson, Margaret) (Entered: 01/29/2010)	Jan. 29, 2010	Jan. 29, 2010 PACER
39	MOTION for Summary Judgment with Brief in Support by Michael A. Cox. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2) (Nelson, Margaret) (Entered: 01/29/2010)	Jan. 29, 2010	Jan. 29, 2010 PACER
40	ORDER granting 38 Motion to Intervene and Scheduling Hearing on Attorney General's Motion for Summary Judgment. Signed by District Judge Thomas L Ludington. (PMil) (Entered: 02/08/2010)	Feb. 5, 2010	Feb. 5, 2010 PACER
40	ORDER granting 38 Motion to Intervene and Scheduling Hearing on Attorney General's Motion for Summary Judgment. Signed by District Judge Thomas L Ludington. (PMil) (Entered: 02/08/2010)	Feb. 5, 2010	Feb. 5, 2010 PACER
41	NOTICE of Appearance by Ann M. Sherman on behalf of Michael A. Cox. (Sherman, Ann) (Entered: 02/08/2010)	Feb. 8, 2010	Feb. 8, 2010 PACER
41	NOTICE of Appearance by Ann M. Sherman on behalf of Michael A. Cox. (Sherman, Ann) (Entered: 02/08/2010)	Feb. 8, 2010	Feb. 8, 2010 PACER
42	RESPONSE to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief Brief in Opposition filed by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 02/08/2010)	Feb. 8, 2010	Feb. 8, 2010 PACER
42	RESPONSE to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief Brief in Opposition filed by Clare, County of, Lawrence Kahsin, Calvin Woodcock. (Kolkema, Jason) (Entered: 02/08/2010)	Feb. 8, 2010	Feb. 8, 2010 PACER
43	REPLY to Response to Motion for Partial Judgment on the Pleadings filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 02/12/2010)	Feb. 12, 2010	Feb. 12, 2010 PACER
43	REPLY to Response to Motion for Partial Judgment on the Pleadings filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 02/12/2010)	Feb. 12, 2010	Feb. 12, 2010 PACER
44	RESPONSE to Attorney General's Motion for Summary Judgment filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) Modified on 2/16/2010 (PMil).[WRONG DOCKET EVENT SELECTED] (Entered: 02/12/2010)	Feb. 12, 2010	Feb. 12, 2010 PACER
44	RESPONSE to Attorney General's Motion for Summary Judgment filed by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) Modified on 2/16/2010 (PMil).[WRONG DOCKET EVENT SELECTED] (Entered: 02/12/2010)	Feb. 12, 2010	Feb. 12, 2010 PACER
45	MOTION for Leave to File Excess Pages by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 02/12/2010)	Feb. 12, 2010	Feb. 12, 2010 PACER
45	MOTION for Leave to File Excess Pages by Lewis Lowden, Robert Lowden. (Korobkin, Daniel) (Entered: 02/12/2010)	Feb. 12, 2010	Feb. 12, 2010 PACER
46	MOTION for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
46	MOTION for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
47	RESPONSE to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
47	RESPONSE to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
48	REPLY to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) [INTERVENING DEFENDANT ATTORNEY GENERAL'S REPLY BRIEF] Modified on 2/25/2010 (DPer). (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
48	REPLY to 31 MOTION for Judgment (Partial) on the Pleadings and Declaratory Relief by Michael A. Cox. (Nelson, Margaret) [INTERVENING DEFENDANT ATTORNEY GENERAL'S REPLY BRIEF] Modified on 2/25/2010 (DPer). (Entered: 02/25/2010)	Feb. 25, 2010	Feb. 25, 2010 PACER
49	RESPONSE to 46 MOTION for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief filed by Lewis Lowden, Robert Lowden. (Attachments: # 1 Exhibit Cover Letter, # 2 Exhibit Return Receipt) (Korobkin, Daniel) (Entered: 02/26/2010)	Feb. 26, 2010	Feb. 26, 2010 PACER
49	RESPONSE to 46 MOTION for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief filed by Lewis Lowden, Robert Lowden. (Attachments: # 1 Exhibit Cover Letter, # 2 Exhibit Return Receipt) (Korobkin, Daniel) (Entered: 02/26/2010)	Feb. 26, 2010	Feb. 26, 2010 PACER
50	ORDER granting 45 Motion for Leave to File Excess Pages; granting 46 Motion for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief.. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 03/01/2010)	March 1, 2010	March 1, 2010 PACER
50	ORDER granting 45 Motion for Leave to File Excess Pages; granting 46 Motion for Leave to File Brief in Opposition to Plaintiff's Motion for Partial Judgment on the Pleadings and Declaratory Relief.. Signed by District Judge Thomas L Ludington. (SGam) (Entered: 03/01/2010)	March 1, 2010	March 1, 2010 PACER