Case: League of Women Voters v. Johnson

2:17-cv-14148 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 27, 2017

Closed Date: Nov. 22, 2019

Clearinghouse coding complete

Case Summary

On December 22, 2017, the League of Women Voters of Michigan and eleven individual plaintiffs sued Ruth Johnson in her official capacity as Michigan Secretary of State in the United States District Court for the Eastern District of Michigan, Southern Division.  Plaintiffs sought declaratory and injunctive relief, claiming that the congressional and legislative districting plan adopted by the Michigan Legislature in 2011 violated Plaintiffs’ rights under the First Amendment and the Equal Protect…

On December 22, 2017, the League of Women Voters of Michigan and eleven individual plaintiffs sued Ruth Johnson in her official capacity as Michigan Secretary of State in the United States District Court for the Eastern District of Michigan, Southern Division.  Plaintiffs sought declaratory and injunctive relief, claiming that the congressional and legislative districting plan adopted by the Michigan Legislature in 2011 violated Plaintiffs’ rights under the First Amendment and the Equal Protection clause of the Fourteenth Amendment of the United States Constitution.  Specifically, Plaintiffs claimed that the districting plan placed Democrats in voting districts that reduced or eliminated the power of Democrat votes.  Plaintiffs asked the court to declare the district maps unconstitutional and enjoin Secretary of State Johnson from allowing any state or federal representatives to be elected or nominated based on those maps in the 2020 election cycle.    

Contemporaneous with filing their Complaint, Plaintiffs applied for appointment of a three-judge panel pursuant to 28 U.S.C. §2284(a).  The Honorable Denise Page Hood, Chief Judge for the United States District Court for the Eastern District of Michigan, granted Plaintiffs’ application on December 27, 2017. 2017 WL 6610622.  On January 4, 2018, the Honorable R. Guy Cole, Jr., Chief Judge for the Sixth Circuit Court of Appeals, designated the Honorable Eric L. Clay, Circuit Judge of the Sixth Court of Appeals, and the Honorable Gordon J. Quist, District Judge of the United States District Court for the Western District of Michigan, to serve with the Judge Hood in this matter. 

On January 23, 2018, Ruth Johnson filed a motion to stay the proceedings and to dismiss for lack of standing to challenge a statewide districting plan, to which Plaintiffs responded on February 6, 2018. On March 14, 2018, the Honorable Eric L. Clay entered an order denying Johnson’s motion to stay the proceedings, (2018 WL 10483912), and on May 16, 2018, Judge Eric Clay, on behalf of the three-judge panel, granted Johnson’s motion to dismiss for lack of standing as it pertained to Plaintiffs’ challenge of Michigan’s districting plan on a statewide basis, but denied Johnson’s motion as it pertained to Plaintiffs’ challenge on a district-by-district basis, (2018 WL 10483517). As the litigation progressed, Plaintiffs narrowed their claims to 34 districts used to elect Michigan’s Senate, Michigan’s House of Representatives, and Michigan’s delegation to the United States Congress (the “Challenged Districts”).

On June 6, 2018, Johnson filed another motion to dismiss, for failure to state a claim on which relief can be granted.  Johnson sought to have Plaintiffs’ claims for remapping of the Michigan Senate districts dismissed because Plaintiffs expressly sought relief as to the 2020 election, not the 2018 election, and therefore the Court could grant no relief as to remapping the districts for the election of the Michigan Senate because the Senate would be elected in 2018 and then not again until 2022.  Plaintiffs responded on June 27, 2018, and on August 3, 2018, Judge Hood denied Johnson’s motion, noting it was premature, as the 2018 election hadn’t occurred yet. 2018 WL 10483518. 

In the meantime, on February 28, 2018, a group of incumbent Republican members of Congress (the “Congressional Intervenors”) filed a motion to intervene as defendants in the case. The motion to intervene was denied on April 4, 2018 by Judge Clay. 2018 WL 10483889. The Congressional Intervenors appealed this decision to the Sixth Circuit Court of Appeals, which, on August 30, 2018, reversed and remanded to the district court for further proceedings. 902 F.3d 572. While the Congressional Intervenors’ appeal was pending, on July 12, 2018, Representative Lee Chatfield, Speaker Pro Tempore of the Michigan House of Representatives, and Representative Aaron Miller, Chairman of Elections and the Ethics Committee of the Michigan House of Representatives, each in his official capacity (the “Legislative Intervenors”), filed a motion to intervene in the case, which the three-judge court denied on August 14, 2018.  2018 WL 3861731.  The Legislative Intervenors filed a notice of appeal to the Sixth Circuit Court of Appeals on August 20, 2018, and on August 24, 2018, they filed a motion for stay in the district court pending appeal. After the Sixth Circuit Court of Appeals reversed the district court’s denial of the Congressional Intervenors’ motion to intervene on August 30, Plaintiffs filed a motion to remand the Legislative Intervenors’ appeal, and to deny the motion to stay the proceedings as moot, as Plaintiffs no longer objected to the Legislative Intervenors’ intervening.  The Sixth Circuit Court of Appeals granted the motion to remand and denied the motion to stay on October 25, 2018. 2018 U.S. App. LEXIS 30240.  The Legislative Intervenors then renewed their motion to intervene, which the three-judge panel again denied on November 30, 2018, reasoning primarily that the Legislative Intervenors’ interests were sufficiently represented by the executive (the Michigan Secretary of State) in this matter. 2018 WL 6272041.  The Legislative Intervenors filed a notice of appeal to the Sixth Circuit Court of Appeals on November 30, 2018 and an emergency motion to stay the proceedings in district court pending their appeal on December 5, 2018.  On December 20, 2018, the Sixth Circuit Court of Appeals reversed the district court, allowing the Legislative Intervenors to intervene in the case, and it denied the Legislative Intervenors’ motion to stay as moot.  2018 WL 10096237. 

On September 21, 2018, Johnson filed a motion for summary judgment and in the alternative, to dismiss.  The Congressional Intervenors also filed a motion for summary judgment on that date, joining Johnson’s motion but specifically addressing standing and laches.  Also on September 21, 2018, Plaintiffs filed a motion for partial summary judgment on the defense of laches.  On October 12, 2018, Johnson filed a response to Plaintiffs’ motion for summary judgment on laches.  And on October 13, 2018, Plaintiffs filed their reply to Johnson’s motion for summary judgment and to dismiss.  Judge Eric Clay, writing for the three-judge panel, denied Johnson’s motion for summary judgment and to dismiss, denied the Congressional Intervenors’ motion for summary judgment, and denied Plaintiffs’ motion for partial summary judgment on laches on November 30, 2018.  352 F.Supp.3d 777.

On December 4, 2018, Johnson filed a motion in limine to exclude Plaintiffs’ expert, Dr. Jowei Chen, arguing that Dr. Chen deleted the computer software used to draft “neutral” redistricting plans and admittedly did not use Michigan’s traditional redistricting criteria when he created the software, thus warranting exclusion under Daubert v. Merrell Dow Pharmaceuticals, Inc.  Johnson filed another motion in limine on December 4, 2018, seeking to exclude, under Federal Rule of Evidence 702, Plaintiffs’ expert testimony and reports that use certain metrics to determine the existence and/or acceptability of gerrymandering.  Plaintiffs responded to both motions, and the Congressional Intervenors filed a brief in support of Johnson’s motions, all on December 14, 2018.  On January 15, 2019, Judge Quist, on behalf of the three-judge panel, denied both of Johnson’s motions in limine on the basis that Daubert and Federal Rule of Evidence 702 are both meant to protect juries from hearing unreliable scientific evidence and are not applicable to bench trials. 2019 WL 8106155.

On January 15, 2019, Jocelyn Benson, Ruth Johnson’s successor to the office of the Michigan Secretary of State, was substituted for Ruth Johnson, and on January 22, 2019 and January 24, 2019, respectively, a group of Michigan Senators and the Michigan Senate moved to intervene as defendants in the case.  The three-judge panel granted both motions on February 1, 2019.  2019 WL 8106247.  On January 25, 2019, Plaintiffs and Secretary of State Benson jointly moved for the court’s approval of their proposed consent decree, and on February 1, 2019, the three-judge court denied the parties’ motion because the Congressional Intervenors and the Legislative Intervenors opposed the motion, and if approved, the consent decree would not provide the intervening parties their requested relief. 2019 WL 8106156.

A bench trial was held from February 5–7, 2019, after which the parties filed proposed findings of fact, proposed conclusions of law, motions for rulings on objections and for judgments on partial findings.  The Court denied the post-trial motions because the parties failed to comply with the Court’s directives on post-trial submissions.  On April 25, 2019, the three-judge panel issued its opinion and order, and judgment in favor of Plaintiffs against Defendant Benson and the intervening parties.  373 F.Supp.3d 867.  The Court found that the Michigan districting plan violated Plaintiffs’ First and Fourteenth Amendment rights insofar as it “deliberately dilute[d] their votes by placing them in districts that were intentionally drawn to ensure a particular partisan outcome” and it “discriminate[d] against them and their political party and subject[ed] them to “disfavored treatment by reason of their views.”” Id. at 880 (quoting Vieth v. Jubelirer, 541 U.S. 267, 314 (2004) (Kennedy, J., concurring in the judgment)).  The court therefore enjoined the use of Michigan’s districting plan in the Challenged Districts in any future election.

On April 30, 2019, the Michigan Senators and the Michigan Senate, and the Congressional and Legislative Intervenors filed separate notices of appeal to the United States Supreme Court.  On October 21, 2019, the United States Supreme Court vacated the lower court’s judgment and remanded the case back to the United States District Court for the Eastern District of Michigan for further consideration in light of Rucho v. Common Cause, 588 U.S. __, 139 S.Ct. 2484 (2019), which held that partisan gerrymandering claims present political questions and are therefore not justiciable.  The United States Supreme Court’s judgment was filed November 22, 2019, and it constituted the last filing in the case.

 

Summary Authors

Lauren Jameson (11/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6253878/parties/league-of-women-voters-of-michigan-v-benson/


Attorney for Plaintiff

Brewer, Mark C. (Michigan)

Bundy, Kerry Lou (Michigan)

Attorney for Defendant

Carvin, Michael A. (Michigan)

Cessante, David (Michigan)

Expert/Monitor/Master/Other

Asher, Kyle M. (Michigan)

show all people

Documents in the Clearinghouse

Document
1

2:17-cv-14148

Complaint for Declaratory and Injunctive Relief

League of Women Voters of Michigan v. Johnson

Dec. 22, 2017

Dec. 22, 2017

Complaint
7

2:17-cv-14148

Order Granting Application for Three-Judge Court

League of Women Voters of Michigan v. Johnson

Dec. 27, 2017

Dec. 27, 2017

Order/Opinion

2017 WL 2017

9

2:17-cv-14148

Order

League Of Women Voters , et al V. Johnson, et al.

U.S. Court of Appeals for the Sixth Circuit

Jan. 4, 2018

Jan. 4, 2018

Order/Opinion
11

2:17-cv-14148

Defendant's Motion to Stay and to Dismiss for Lack of Standing

League of Women Voters of Michigan v. Johnson

Jan. 23, 2018

Jan. 23, 2018

Pleading / Motion / Brief
15

2:17-cv-14148

Plaintiffs' Response To Defendant's Motion To Stay And To Dismiss

League Of Women Voters , Et Al V. Johnson, Et Al

Feb. 6, 2018

Feb. 6, 2018

Pleading / Motion / Brief
20

2:17-cv-14148

Defendant's Reply in Further Support of her Motion to Stay or to Dismiss

League of Women Voters of Michigan v. Johnson

Feb. 20, 2018

Feb. 20, 2018

Pleading / Motion / Brief
21

2:17-cv-14148

Motion To Intervene By Republican Congressional Delegation

League Of Women Voters , Et Al V. Johnson, Et Al

Feb. 28, 2018

Feb. 28, 2018

Pleading / Motion / Brief
36

2:17-cv-14148

Plaintiffs' Response To Motion To Intervene By Republican Congressional Delegation

League Of Women Voters , Et Al V. Johnson, Et Al

March 14, 2018

March 14, 2018

Pleading / Motion / Brief
37

2:17-cv-14148

Plaintiffs' Brief In Support Of Response To Motion To Intervene By Republican Congressional Delegation

League Of Women Voters , Et Al V. Johnson, Et Al

March 14, 2018

March 14, 2018

Pleading / Motion / Brief
35

2:17-cv-14148

Order Denying Defendant's Request to Stay Proceedings Pending Resolution of Whitford and Benisek

League of Women Voters of Michigan v. Johnson

March 14, 2018

March 14, 2018

Order/Opinion

2018 WL 2018

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6253878/league-of-women-voters-of-michigan-v-benson/

Last updated March 9, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by All Plaintiffs against Ruth Johnson. Plaintiff requests summons issued. Receipt No: 0645-6529789 - Fee: $ 400. County of 1st Plaintiff: Ingham - County Where Action Arose: Ingham - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A - Current House Plan, # 2 Exhibit B - Current Senate Plan, # 3 Exhibit C - Current Congressional Plan, # 4 Exhibit D - Alternative House Plan, # 5 Exhibit E - Alternative Senate Plan, # 6 Exhibit F - Alternative Congressional Plan) (Yeager, Joseph) (Entered: 12/22/2017)

1 Exhibit A - Current House Plan

View on RECAP

2 Exhibit B - Current Senate Plan

View on RECAP

3 Exhibit C - Current Congressional Plan

View on RECAP

4 Exhibit D - Alternative House Plan

View on RECAP

5 Exhibit E - Alternative Senate Plan

View on RECAP

6 Exhibit F - Alternative Congressional Plan

View on RECAP

Dec. 22, 2017

Dec. 22, 2017

Clearinghouse
2

NOTICE of Appearance by Joseph H. Yeager on behalf of All Plaintiffs. (Yeager, Joseph) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
3

NOTICE of Appearance by Harmony Mappes on behalf of All Plaintiffs. (Mappes, Harmony) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
4

NOTICE of Appearance by Mark C. Brewer on behalf of All Plaintiffs. (Brewer, Mark) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
5

APPLICATION FOR THREE-JUDGE COURT AND MEMORANDUM OF POINTS AND AUTHORITIES by All Plaintiffs. (Yeager, Joseph) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
6

SUMMONS Issued for *Ruth Johnson* (SKra) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
7

ORDER Granting 5 Application for Three-Judge Court. Signed by District Judge Denise Page Hood. (JOwe) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

Clearinghouse
8

CERTIFICATE of Service/Summons Returned Executed. Ruth Johnson served on 1/2/2018, answer due 1/23/2018. (Mappes, Harmony) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
9

ORDER APPOINTING A THREE JUDGE PANEL PURSUANT TO 28 USC 2284(a) by Chief Judge R. Guy Cole, Jr. Designating Honorable Eric L. Clay, Circuit Judge, Honorable Gordon J. Quist, District Judge to serve with the Honorable Denise Page Hood. (ATee) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

Clearinghouse
10

NOTICE of Appearance by Jeffrey P. Justman on behalf of All Plaintiffs. (Justman, Jeffrey) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
11

MOTION to Dismiss for Lack of Standing, MOTION to Stay by Ruth Johnson. (Young, Robert) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

Clearinghouse
12

NOTICE of Appearance by Ryan M. Shannon on behalf of Ruth Johnson. (Shannon, Ryan) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
13

APPLICATION to File a Response Brief Exceeding 25 Pages by All Plaintiffs. (Mappes, Harmony) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

RECAP
14

NOTICE of Appearance by Peter H. Ellsworth on behalf of All Defendants. (Ellsworth, Peter) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
15

RESPONSE to 11 MOTION to Dismiss for Lack of Standing MOTION to Stay and Brief in Support filed by Roger J. Brdak, Frederick C. Durhal, Jr, Jack E. Ellis, Donna E. Farris, William "Bill" J. Grasha, Rosa L. Holliday, Diana L. Ketola, Jon "Jack" G. LaSalle, League of Women Voters of Michigan, Richard "Dick" W. Long, Lorenzo Rivera, Rashida H. Tlaib. (Yeager, Joseph) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

Clearinghouse
16

Scheduling Order and Notice of Hearing on behalf of the panel . (SSch) (Entered: 02/08/2018)

Feb. 7, 2018

Feb. 7, 2018

RECAP
17

ORDER Granting 13 Plaintiffs' Unopposed Application to File a Response Brief Exceeding 25 pages. (Marion, Diane) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

RECAP
18

APPLICATION to File a Reply Brief Exceeding 7 Pages by Ruth Johnson. (Shannon, Ryan) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

RECAP
19

ORDER Granting 18 Defendants Unopposed Application to File a Reply Brief Exceeding 7 Pages. (Marion, Diane) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

RECAP
20

REPLY to Response re 11 MOTION to Dismiss for Lack of Standing MOTION to Stay filed by Ruth Johnson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Shannon, Ryan) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

Clearinghouse
21

MOTION to Intervene by Republican Congressional Delegation. (Attachments: # 1 List of Attachments to Motion to Intervene, # 2 Attachment 1 Motion to Dismiss Pursuant to FRCP 12(b)1(1) and 12(b)(6), # 3 Attchment 2 Motion to Stay) (Shekell, Brian) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

Clearinghouse
22

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Mappes, Harmony) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
23

AMENDED 21 MOTION to Intervene by Republican Congressional Delegation Amendment Replacing Attachment 2 to Motion to Intervene by Republican Congressional Delegation Filed February 28, 2018 (Attachments: # 1 Att 2 Amended Motion to Stay, # 2 Certificate of Service) (Shekell, Brian) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
24

NOTICE of Appearance by Gary P. Gordon on behalf of Robert LaBrant, Michigan Chamber of Commerce. (Gordon, Gary) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
26

NOTICE of Appearance by Gary P. Gordon on behalf of William F. Carney, Jeff Cobb, Shelly Edgerton, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, James Marleau, Terry Marquardt, John Proos, Randy Richardville, Brian Began, Jase Bolger, Ralph Fiebig, J. Lohrstorfer, Pete Lund, Edward McBroom, Daniel McMaster, Rick Outman, Al Pscholka, Gary Randall, Sharon Tyler. (Gordon, Gary) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
27

MOTION to Quash Subpoenas and for Protective Order by Brian Began, Jase Bolger, William F. Carney, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Sharon Tyler. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Gordon, Gary) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
29

NOTICE of Appearance by Jason T Hanselman on behalf of Brian Began, Jase Bolger, William F. Carney, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Sharon Tyler. (Hanselman, Jason) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
30

NOTICE of Appearance by Kyle M. Asher on behalf of Brian Began, Jase Bolger, William F. Carney, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Sharon Tyler. (Asher, Kyle) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
31

NOTICE of Appearance by Eric E. Doster on behalf of Robert I. Schostak. (Doster, Eric) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER

Error

March 13, 2018

March 13, 2018

PACER
32

[STRICKEN] CERTIFICATE OF SERVICE by Robert I. Schostak (Doster, Eric) Modified on 3/13/2018 (DWor). (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER

NOTICE of Error directed to: Eric E. Doster re 32 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DWor)

March 13, 2018

March 13, 2018

PACER
33

[STRICKEN] CERTIFICATE OF SERVICE by Robert I. Schostak (Doster, Eric) Modified on 3/13/2018 (DWor). (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER

NOTICE of Error directed to: Eric E. Doster re 33 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DWor)

March 13, 2018

March 13, 2018

PACER

Notice of Error

March 13, 2018

March 13, 2018

PACER
34

[STRICKEN] CERTIFICATE OF SERVICE by Robert I. Schostak Non-Party Robert Schostak's Objections to Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises (Doster, Eric) Modified on 3/13/2018 (DWor). (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER

NOTICE of Error directed to: Eric E. Doster re 34 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DWor)

March 13, 2018

March 13, 2018

PACER

NOTICE of Error directed to: Gary P. Gordon re 25 Certificate of Service,. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (SKra)

March 13, 2018

March 13, 2018

PACER

NOTICE of Error directed to: Gary P. Gordon re 28 Certificate of Service,. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (SKra)

March 13, 2018

March 13, 2018

PACER
35

ORDER denying 11 Motion to Stay. Signed by Circuit Judge Eric L. Clay on behalf of the panel. (Marion, Diane) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

Clearinghouse
36

RESPONSE to 21 MOTION to Intervene filed by All Plaintiffs. (Attachments: # 1 Certificate of Service) (Brewer, Mark) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

Clearinghouse
37

RESPONSE to 21 MOTION to Intervene filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, # 2 Certificate of Service) (Brewer, Mark) Modified on 3/14/2018 (DWor). [DOCUMENT ENTITLED "BRIEF IN SUPPORT OF RESPONSE TO MOTION TO INTERVENE BY REPUBLICAN CONGRESSIONAL DELEGATION"] (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

Clearinghouse
38

SUPERSEDING SCHEDULING ORDER and Notice of Hearing, as to 11 MOTION to Dismiss:( Motion Hearing set for 3/19/2018 11:00 AM before Circuit Judge Eric L. Clay, District Judge Denise Page Hood, and District Judge Gordon J. Quist) Signed by Circuit Judge Eric L. Clay on behalf of the panel. (Marion, Diane) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

RECAP
39

REPLY to Response re 21 MOTION to Intervene filed by Republican Congressional Delegation. (Gordon, Phillip) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
40

REPLY to Response re 21 MOTION to Intervene AMENDED filed by Republican Congressional Delegation. (Gordon, Phillip) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER

Minute Entry for proceedings before Circuit Judge Eric L. Clay, Chief Judge Denise Page Hood, Judge Gordon J. Quist: Motion Hearing held on 3/19/2018 re 11 MOTION to Dismiss for Lack of Standing filed by Ruth Johnson. Disposition: Motion taken under advisement (Court Reporter: Cheryl Daniel) (LSau)

March 19, 2018

March 19, 2018

PACER

Motion Hearing

March 19, 2018

March 19, 2018

PACER
41

RESPONSE to 27 MOTION to Quash Subpoenas and for Protective Order filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A) (Yeager, Joseph) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
42

REPLY to Response re 27 MOTION to Quash Subpoenas and for Protective Order filed by Brian Began, Jase Bolger, William F. Carney, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Sharon Tyler. (Gordon, Gary) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
43

EXHIBIT A re 42 Reply to Response to Motion, by Brian Began, Jase Bolger, William F. Carney, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Sharon Tyler (Gordon, Gary) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
44

ATTORNEY APPEARANCE: Gary P. Gordon appearing on behalf of Michigan House Business Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Clerk of the Michigan House, Secretary of the Michigan Senate (Gordon, Gary) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
45

ATTORNEY APPEARANCE: Jason T Hanselman appearing on behalf of Clerk of the Michigan House, Michigan House Business Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Secretary of the Michigan Senate (Hanselman, Jason) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
46

MOTION to Quash Subpoenas and for Protective Order by Clerk of the Michigan House, Michigan House Business Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Secretary of the Michigan Senate. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Gordon, Gary) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
47

ORDER DENYING MOTION TO INTERVENE BY REPUBLICAN CONGRESSIONAL DELEGATION 21 Motion to Intervene. Signed by Circuit Judge Eric L. Clay on behalf of the panel. (Marion, Diane) (Entered: 04/05/2018)

April 4, 2018

April 4, 2018

Clearinghouse
48

NOTICE by Republican Congressional Delegation of Appeal to the United States Supreme Court (Gordon, Phillip) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

Clearinghouse
49

RESPONSE to 46 MOTION to Quash Subpoenas and for Protective Order filed by All Plaintiffs. (Yeager, Joseph) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
50

NOTICE OF APPEAL by Republican Congressional Delegation re 47 Order on Motion to Intervene. Receipt No: 0645-6692555 - Fee: $ 505 - Fee Status: Fee Paid. (Gordon, Phillip) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

Clearinghouse
51

Certificate of Service re 50 Notice of Appeal. (SOso) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
52

REPLY to Response re 46 MOTION to Quash Subpoenas and for Protective Order filed by Clerk of the Michigan House, Michigan House Business Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Secretary of the Michigan Senate. (Gordon, Gary) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

Clearinghouse
53

CASE MANAGEMENT ORDER No. 1: Discovery due by 8/24/2018 Dispositive Motion Cut-off set for 9/21/2018 Final Pretrial Conference set for 12/11/2018 11:00 AM before Circuit Judge Eric L. Clay Bench Trial set for 2/5/2019 09:00 AM before Circuit Judge Eric L. Clay, Chief Judge Denise Page Hood and District Judge Gordon J. Quist Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (LSau) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

RECAP

Set Motion and R&R Deadlines/Hearings

May 9, 2018

May 9, 2018

PACER

Set/Reset Deadlines as to Motion Hearing set for 11/9/2018 11:00 AM before Circuit Judge Eric L. Clay, Chief Judge Denise Page Hood and District Judge Gordon J. Quist (LSau)

May 9, 2018

May 9, 2018

PACER
54

OPINION AND ORDER Granting in Part and Denying in Part Defendant's Motion to Dismiss for Lack of Standing 11 Motion to Dismiss. Signed by Circuit Judge Eric L. Clay on behalf of the panel. (Marion, Diane) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

Clearinghouse
55

MOTION for Order Convening Scheduling Conference by Ruth Johnson. (Shannon, Ryan) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
56

RESPONSE to 55 MOTION for Order Convening Scheduling Conference filed by All Plaintiffs. (Mappes, Harmony) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
57

ORDER Denying Defendant's Motion to Convene a Scheduling Conference 55 Motion for Order. Signed by Circuit Judge Eric L. Clay on behalf of the panel. (Marion, Diane) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
58

ORDER Granting in Part and Denying in Part Non-Party Movants' Motions to Quash 27, 46 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

Clearinghouse
59

ANSWER to Complaint with Affirmative Defenses by Ruth Johnson. (Shannon, Ryan) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
60

STIPULATION for Withdrawal of Appearance by Robert P. Young by Ruth Johnson (Shannon, Ryan) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
61

ORDER of withdrawal of Attorney Robert P. Young. Signed by Circuit Judge Eric L. Clay. (DPer) (Entered: 06/01/2018)

May 31, 2018

May 31, 2018

RECAP
62

NOTICE of Withdrawal of Attorney Kyle M. Asher on behalf of Clerk of the Michigan House, Michigan House Business Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Secretary of the Michigan Senate. (Gordon, Gary) Modified on 6/6/2018 (DWor). [DOCUMENT ENTITLED "REQUEST FOR WITHDRAWAL OF APPEARANCE OF KYLE M. ASHER"] (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
63

MOTION to Dismiss Claims as to Michigan Senate by Ruth Johnson. (Shannon, Ryan) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

Clearinghouse
64

RESPONSE to 63 MOTION to Dismiss Claims as to Michigan Senate filed by All Plaintiffs. (Mappes, Harmony) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
65

MOTION to Quash and/or for Protective Order by Peter H. Ellsworth. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Vartanian, Michael) (Entered: 06/28/2018)

1 Index of Exhibits Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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June 28, 2018

June 28, 2018

RECAP
66

MOTION for Contempt by All Plaintiffs. (Attachments: # 1 Exhibit A, Brewer Affidavit, # 2 Exhibit B, Email, # 3 Exhibit C, Email, # 4 Exhibit Proposed Order) (Yeager, Joseph) (Entered: 06/29/2018)

1 Exhibit A, Brewer Affidavit

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2 Exhibit B, Email

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3 Exhibit C, Email

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4 Exhibit Proposed Order

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June 29, 2018

June 29, 2018

RECAP
67

RESPONSE to 66 MOTION for Contempt filed by Brian Began, Jase Bolger, William F. Carney, Clerk of the Michigan House, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Michigan House Business Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Secretary of the Michigan Senate, Sharon Tyler. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C) (Gordon, Gary) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
68

SUPPLEMENTAL BRIEF re 66 MOTION for Contempt, requesting deferral of ruling on same, filed by All Plaintiffs. (Yeager, Joseph) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
69

REPLY to Response re 63 MOTION to Dismiss Claims as to Michigan Senate filed by Ruth Johnson. (Shannon, Ryan) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

Clearinghouse
70

MOTION to Intervene by Individual Michigan Legislators by Lee Chatfield, Aaron Miller. (Spies, Charles) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

RECAP
71

RESPONSE to 65 MOTION to Quash and/or for Protective Order filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Yeager, Joseph) (Entered: 07/12/2018)

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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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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July 12, 2018

July 12, 2018

PACER
72

REPLY to Response re 65 MOTION to Quash and/or for Protective Order filed by Peter H. Ellsworth. (Attachments: # 1 Exhibit Exhibit 1) (Vartanian, Michael) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
73

MOTION to Compel by Ruth Johnson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Shannon, Ryan) (Entered: 07/23/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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July 23, 2018

July 23, 2018

PACER
74

Ex Parte MOTION to Expedite Briefing and Consideration of Motion to Compel by Ruth Johnson. (Attachments: # 1 Exhibit 1) (Shannon, Ryan) (Entered: 07/23/2018)

1 Exhibit 1

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July 23, 2018

July 23, 2018

RECAP
75

ORDER Granting Defendant's Ex Parte Motion to Expedite 74 . Signed by District Judge Denise Page Hood on behalf of the panel. (LSau) Modified on 7/24/2018 (LSau). (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

RECAP
76

MOTION to Quash and/or for Protective Order by Brian Began, Jase Bolger, William F. Carney, Clerk of the Michigan House, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Michigan House Business Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Secretary of the Michigan Senate, Sharon Tyler. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Subpoena, # 3 Exhibit B - Objections/Redacted Billing Records, # 4 Document Continuation B - Redacted Billing Records, # 5 Document Continuation B - Redacted Billing Records, # 6 Document Continuation B - Redacted Billing Records, # 7 Exhibit C - Doyle Declaration) (Gordon, Gary) Modified on 7/25/2018 (SKra).[FILED BY MICHIGAN REDISTRICTIN RESOURCE INSTITUTE]. (Entered: 07/25/2018)

1 Index of Exhibits

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2 Exhibit A - Subpoena

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3 Exhibit B - Objections/Redacted Billing Records

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4 Document Continuation B - Redacted Billing Records

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5 Document Continuation B - Redacted Billing Records

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6 Document Continuation B - Redacted Billing Records

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7 Exhibit C - Doyle Declaration

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July 25, 2018

July 25, 2018

RECAP

Addition of Parties

July 25, 2018

July 25, 2018

PACER

Addition of Parties to CM/ECF: Movant Michigan Redistricting Resource Institute. Reason: The party was not added to CM/ECF when e-filing 76 MOTION to Quash and/or for Protective Order (Gordon, Gary)

July 25, 2018

July 25, 2018

PACER
77

Amended MOTION re 76 MOTION to Quash and/or for Protective Order by Michigan Redistricting Resource Institute. (Gordon, Gary) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

RECAP
78

RESPONSE to 70 MOTION to Intervene by Individual Michigan Legislators and Brief in Support filed by All Plaintiffs. (Mappes, Harmony) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
79

RESPONSE to 70 MOTION to Intervene by Individual Michigan Legislators filed by Ruth Johnson. (Shannon, Ryan) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
80

NOTICE of Appearance by Matthew Kunkel Giffin on behalf of All Plaintiffs. (Giffin, Matthew) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
81

REPLY to Response re 73 MOTION to Compel filed by All Plaintiffs. (Attachments: # 1 Exhibit July 6 2018 counsel email, # 2 Exhibit July 13 2018 counsel email, # 3 Exhibit Declaration of Daniel R. Kelley, # 4 Exhibit July 26 2018 counsel email, # 5 Exhibit Chen Expert Report, # 6 Exhibit Declaration of Joseph H. Yeager Jr., # 7 Exhibit Plaintiffs' Discovery Responses, # 8 Exhibit June 29 counsel email, # 9 Exhibit July 24 counsel email) (Yeager, Joseph)[DOCUMENT IS A RESPONSE TO MOTION TO COMPEL] Modified on 8/1/2018 (EKar). (Entered: 07/31/2018)

5

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July 31, 2018

July 31, 2018

PACER
82

SUPPLEMENTAL BRIEF re 66 MOTION for Contempt Request for Ruling on Motion for Contempt filed by All Plaintiffs. (Attachments: # 1 Exhibit July 6 counsel email, # 2 Exhibit July 13 counsel email, # 3 Exhibit Declaration of Daniel R. Kelley, # 4 Exhibit July 26 counsel email, # 5 Exhibit July 31 counsel email) (Yeager, Joseph) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
83

SUPPLEMENTAL BRIEF re 82 Supplemental Brief, Amended Request for Ruling on Motion for Contempt filed by All Plaintiffs. (Yeager, Joseph) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

RECAP
84

SUPPLEMENTAL BRIEF re 67 Response to Motion,,, filed by Brian Began, Jase Bolger, William F. Carney, Clerk of the Michigan House, Jeff Cobb, Shelly Edgerton, Ralph Fiebig, Frederick Hall, David Hildenbrand, Joseph Hune, Rick Jones, Scott Jones, James Kinsey, Marty Knollenberg, J. Lohrstorfer, Pete Lund, James Marleau, Terry Marquardt, Edward McBroom, Daniel McMaster, Michigan House Business Office, Michigan House Republican Caucus, Michigan House Republican Communications Office, Michigan House Republican Policy Office, Michigan Senate Business Office, Michigan Senate Republican Caucus, Michigan Senate Republican Communications Office, Michigan Senate Republican Policy Office, Rick Outman, John Proos, Al Pscholka, Gary Randall, Randy Richardville, Secretary of the Michigan Senate, Sharon Tyler. (Gordon, Gary) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
85

REPLY to Response re 70 MOTION to Intervene by Individual Michigan Legislators filed by Lee Chatfield, Aaron Miller. (Gordon, Phillip) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
86

ORDER Denying 76 and 77 Motion to Quash and/or for Protective Order by Michigan Redistricting Resource Institute. Signed by Circuit Judge Eric L. Clay on behalf of the panel. (Marion, Diane) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

RECAP
87

NOTICE of Appearance by Michael A. Carvin on behalf of Ruth Johnson. (Carvin, Michael) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
88

ORDER denying without prejudice 63 Motion to Dismiss. Signed by District Judge Denise Page Hood on behalf of the panel (ATee) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

Clearinghouse
89

NOTICE of Joinder/Concurrence in 65 MOTION to Quash and/or for Protective Order filed by Peter H. Ellsworth by Michigan Redistricting Resource Institute (Gordon, Gary) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 27, 2017

Closing Date: Nov. 22, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

League of Women Voters of Michigan; 11 individual plaintiffs

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Secretary of State, State

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):

Freedom of speech/association

Equal Protection

Special Case Type(s):

Three-Judge Court

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Redistricting

Issues

Voting:

Redistricting/district composition

Vote dilution