Case: Graveline v. Johnson

2:18-cv-12354 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 27, 2018

Closed Date: Aug. 18, 2021

Clearinghouse coding complete

Case Summary

This case related to whether Michigan's signature requirement for a candidate to be placed on the ballot was constitutional in that they were narrowly tailored to serve a state interest.  On July 27, 2018, a no-party-affiliation candidate for the office of Michigan Attorney General and supportive voters filed a complaint against the Secretary State of Michigan and the Michigan Bureau of Elections. The Complaint alleged that an early candidate filing deadline and a requirement that submission of…

This case related to whether Michigan's signature requirement for a candidate to be placed on the ballot was constitutional in that they were narrowly tailored to serve a state interest. 

On July 27, 2018, a no-party-affiliation candidate for the office of Michigan Attorney General and supportive voters filed a complaint against the Secretary State of Michigan and the Michigan Bureau of Elections. The Complaint alleged that an early candidate filing deadline and a requirement that submission of nomination petitions with 30,000 qualifying signatures dispersed across at least half of the congressional districts in the state was unconstitutional as applied under the First and Fourteenth Amendments. Specifically, the early voting deadline and 30,000 signatures requirement deprived plaintiffs of their rights to freedom of speech and association, equal protection, and due process, since the requirements are not narrowly tailored to meet any compelling or legitimate state interest and effectively deprives the plaintiff-voters of an effective choice. The complaint sought declaratory judgement, injunctive relief, and attorney's fees. 

On August 3, 2018, plaintiffs moved for a preliminary injunction seeking to enjoin the state from enforcing its signature requirements and requiring the state to place plaintiff on the ballot. The state filed a response on August 16, 2018, and Plaintiffs filed a reply on August 20,2018. On August 27, 2018, the Court issued a preliminary injunction finding that plaintiffs had satisfied the need for a preliminary injunction when weighing the factors: (1) whether the movant has a strong likelihood of success on the merits; (2) whether the movant would suffer irreparable injury absent the injunction; (3) whether the injunction would cause substantial harm to others; and (4) whether the public interest would be served by the issuance of an injunction.

The Court ordered that: (1) plaintiff must immediately present his qualifying petition – with all materials he tried to submit on July 19, 2018, including the signatures of registered voters that he collected – to the Bureau of Elections; (2) the State must accept plaintiff's filing as complete and determine the validity of the signatures in time to place plaintiff on the ballot if he has sufficient valid signatures; and (3) If plaintiff had at least 5,000 valid signatures, and at least 100 valid signatures from registered voters in each of at least half of the 14 congressional districts of the state, his name must be placed on the November 6, 2018 general election ballot as an independent candidate for the Office of Michigan Attorney General. 

On August 29, 2018, Defendants filed a Notice of Appeal to the 6th Circuit Court of Appeals asking the 6th Circuit to stay the preliminary injunction. On September 6, 2018, the 6th Circuit issued its Order denying Defendants motion to stay the preliminary injunction. 

On September 12, 2018, Defendant filed their Answer to the July 27th Complaint mostly denying the allegations of the Complaint. Defendants also claimed as affirmative defenses that the Plaintiff’s claims were barred due to lack of standing, the Eleventh Amendment, and mootness.

On August 15, 2019, both parties moved for Summary Judgement, and Plaintiffs also moved for a Permanent Injunction. Both parties argued the merits of the constitutional claims. On September 19, 2019, both parties filed their respective replies. On December 22, 2019, the Court issued its order denying Defendants' motion and granting Plaintiffs motion and permanent injunctive relief. 

The Court applied the Under the Anderson-Burdick framework, under which "the Court first looks at the 'character and magnitude of the asserted injury' to Plaintiffs’ asserted constitutional rights." (citing Anderson v. Celebrezze, 460 U.S. 780, 789 (1983)). "After assessing Plaintiffs’ injury, the Court must 'identify and evaluate the precise interests put forward by the State as justifications for the burden imposed by its rule.'" Id. "In doing this, the Court must 'determine the legitimacy and strength of each of those interests' and 'consider the extent to which those interests make it necessary to burden the plaintiff’s rights.'" Id. "Finally, the Court must weigh these factors to determine whether the state law is constitutional." Id.

In determining to apply strict scrutiny to the claims, the Court held that "the combined effect of Michigan’s statutory scheme severely burdens Plaintiffs’ fundamental rights." Under strict scrutiny, the state was " required to set forth precise interests of compelling importance and show that the regulations are necessary and narrowly tailored to advance those interests. Although the requirements were tied to legitimate state interests, the Court held that the State fell "far short in showing that its 30,000-signature requirement is narrowly tailored to advance these state interests."

On January 21, 2020, following the Court's order granting summary judgement for Plaintiffs and issuing a permanent injunction, the Defendants moved for the Court to Amend its findings to clarify whether the legislature can pass a statutory requirement in excess of 12,000 signatures. On March 19, 2020, the Court denied Defendants' motion. 

On April 20, 2020, Defendants appealed the order to the Sixth Circuit Court of Appeals (docket no. 20-1337). On March 29, 2021, the Sixth Circuit affirmed the District Court's ruling, finding that Defendants failed "to provide any evidence to demonstrate that the 30,000-signature requirement is narrowly drawn to protect Michigan’s interests in preventing voter confusion, ballot overcrowding, or frivolous candidates, especially as combined with the early filing deadline." 

On April 23, 2021, Plaintiffs moved for Attorney fees. The parties settled the issue of attorney fees and expenses, but the settlement was not filed with the Court. Plaintiffs withdrew their motion for attorney fees and expenses citing a settlement on August 12, 2021. The case was dismissed on August 18, 2021. 

The case is now closed. 

Summary Authors

Matthew Blewitt (11/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7538166/parties/graveline-v-johnson/


Judge(s)
Attorney for Plaintiff

Hall, Oliver B. (Michigan)

Attorney for Defendant

Barton, Denise C. (Michigan)

Mertens, Scott A. (Michigan)

Expert/Monitor/Master/Other

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

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Documents in the Clearinghouse

Document
1

2:18-cv-12354

Complaint for Declatory and Injunctive Relief

July 27, 2018

July 27, 2018

Complaint
1-4

2:18-cv-12354

Exhibit C - Declaration of Willard H Johnson

July 27, 2018

July 27, 2018

Declaration/Affidavit
1-6

2:18-cv-12354

Exhibit E - Declaration of Kellie K Deming

July 27, 2018

July 27, 2018

Declaration/Affidavit
10

2:18-cv-12354

Stipulated Order Extending Time For Defendants to Respond to Plaintiffs' Complaint

Aug. 22, 2018

Aug. 22, 2018

Order/Opinion
12

2:18-cv-12354

Opinion and Order Granting Plaintiffs' Motion for Preliminary Injunction [ECF No. 4]

Aug. 27, 2018

Aug. 27, 2018

Order/Opinion

336 F.Supp.3d 801

14

2:18-cv-12354

Defendants' Emergency Motion for Stay Pending Emergency Appeal

Aug. 29, 2018

Aug. 29, 2018

Pleading / Motion / Brief
14

2:18-cv-12354

Defendants' Emergency Motion for Stay Pending Emergency Appeal

Aug. 29, 2018

Aug. 29, 2018

Pleading / Motion / Brief
17

2:18-cv-12354

Order Denying Defendants' Emergency Motion for Stay Pending Emergency Appeal [EFC No. 14]

Aug. 30, 2018

Aug. 30, 2018

Order/Opinion

2018 WL 4184577

20

2:18-cv-12354

Defendants Ruth Johnson's and Sally Williams' Answer to Plaintiffs' Original Complaint, and Affirmative Defenses

Sept. 12, 2018

Sept. 12, 2018

Pleading / Motion / Brief
28

2:18-cv-12354

Defendants' Motion for Summary Judgment

Aug. 15, 2019

Aug. 15, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7538166/graveline-v-johnson/

Last updated Jan. 31, 2025, 6:29 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Christopher Graveline, Kellie K Deming, Michael Leibson, Willard H Johnson against Ruth Johnson, Sally Williams. Plaintiff requests summons issued. Receipt No: 0645-6836652 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Richard Winger, # 3 Exhibit B - Declaration of Christopher Graveline, # 4 Exhibit C - Declaration of Willard H Johnson, # 5 Exhibit D - Declaration of Michael Leibson, # 6 Exhibit E - Declaration of Kellie K Deming, # 7 Exhibit F - Declaration of Janet M Urbanic, # 8 Exhibit G - Declaration of Christa Byrd, # 9 Exhibit H - David Foster email communication) (Tedards, William) (Entered: 07/27/2018)

1 Index of Exhibits

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2 Exhibit A - Declaration of Richard Winger

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3 Exhibit B - Declaration of Christopher Graveline

View on Clearinghouse

4 Exhibit C - Declaration of Willard H Johnson

View on Clearinghouse

5 Exhibit D - Declaration of Michael Leibson

View on Clearinghouse

6 Exhibit E - Declaration of Kellie K Deming

View on Clearinghouse

7 Exhibit F - Declaration of Janet M Urbanic

View on Clearinghouse

8 Exhibit G - Declaration of Christa Byrd

View on Clearinghouse

9 Exhibit H - David Foster email communication

View on Clearinghouse

July 27, 2018

July 27, 2018

Clearinghouse

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 (LGra)

July 30, 2018

July 30, 2018

PACER
2

SUMMONS Issued for *Ruth Johnson, Sally Williams* (LGra) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER

Set Deadlines: TELEPHONIC Status Conference set for 8/1/2018 at 9:30 AM before District Judge Victoria A. Roberts. Plaintiff's counsel must initiate the call. (LVer)

Aug. 1, 2018

Aug. 1, 2018

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 8/1/2018 (CPin)

Aug. 1, 2018

Aug. 1, 2018

PACER
3

ORDER SETTING BRIEFING SCHEDULE AND MOTION HEARING. Motion Hearing set for 8/22/2018 at 9:30 AM in Courtroom 811 before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 3 Order on Denise Barton at 525 West Ottaw Street, 5th Floor, Lansing, MI 48909. (LVer)

Aug. 1, 2018

Aug. 1, 2018

PACER
4

MOTION for Preliminary Injunction by All Plaintiffs. (Tedards, William) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
5

ATTORNEY APPEARANCE: Denise C. Barton appearing on behalf of Ruth Johnson, Sally Williams (Barton, Denise) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Ruth Johnson served on 8/1/2018, answer due 8/22/2018. (DPer) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Sally Williams served on 8/1/2018, answer due 8/22/2018. (DPer) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
8

RESPONSE to 4 MOTION for Preliminary Injunction filed by Ruth Johnson, Sally Williams. (Barton, Denise) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
9

REPLY to Response re 4 MOTION for Preliminary Injunction PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION filed by All Plaintiffs. (Tedards, William) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Motion Hearing held on 8/22/2018 re 4 MOTION for Preliminary Injunction filed by Willard H Johnson, Michael Leibson, Kellie K Deming, Christopher Graveline Disposition: Motion taken under advisement (Court Reporter: Janice Coleman) (CPin)

Aug. 22, 2018

Aug. 22, 2018

PACER
10

STIPULATION AND ORDER to Extend Time to Answer/Respond to Plaintiffs' Complaint. Response due by 9/12/2018 Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

Clearinghouse
11

NOTICE of Appearance by Oliver B. Hall on behalf of All Plaintiffs. (Hall, Oliver) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

RECAP
12

OPINION AND ORDER Granting 4 Plaintiffs' Motion for Preliminary Injunction. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

Clearinghouse
13

NOTICE OF APPEAL by Sally Williams, Ruth Johnson re 12 Order on Motion for Preliminary Injunction. Fee Status: No Fee Paid. (Meingast, Heather) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
14

MOTION to Stay re 12 Order on Motion for Preliminary Injunction Pending Emergency Appeal by Ruth Johnson, Sally Williams. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Affidavit of Sally Williams) (Meingast, Heather) (Entered: 08/29/2018)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Affidavit of Sally Williams

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Aug. 29, 2018

Aug. 29, 2018

Clearinghouse
15

Certificate of Service re 13 Notice of Appeal. (ATee) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

RECAP

TEXT-ONLY ORDER: Plaintiffs' response brief to Defendants' Emergency Motion to Stay 14 due by 12:00 noon on 8/30/18. (LVer)

Aug. 29, 2018

Aug. 29, 2018

PACER
16

RESPONSE to 14 MOTION to Stay re 12 Order on Motion for Preliminary Injunction Pending Emergency Appeal filed by Kellie K Deming, Christopher Graveline, Willard H Johnson, Michael Leibson. (Hall, Oliver) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
17

ORDER denying 14 Motion to Stay. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

Clearinghouse
18

Appeal Fee received for 13 Notice of Appeal filed by Sally Williams, Ruth Johnson in the amount of $ 505.00 - Receipt No. DET116456. (BHan) (Entered: 08/31/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
19

OPINION from U.S. Court of Appeals - Sixth Circuit re 13 Notice of Appeal filed by Sally Williams, Ruth Johnson [Appeal Case Number 18-1992] (DWor) (Entered: 09/07/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
20

ANSWER to Complaint with Affirmative Defenses by Ruth Johnson, Sally Williams. (Barton, Denise) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

Clearinghouse
21

NOTICE TO APPEAR: Scheduling Conference set for 10/30/2018 03:00 PM before District Judge Victoria A. Roberts SEE NOTICE FOR DETAILS (CPin) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
22

ORDER from U.S. Court of Appeals - Sixth Circuit re 13 Notice of Appeal filed by Sally Williams, Ruth Johnson [Appeal Case Number 18-1992] (SKra) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
23

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Tedards, William) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER

Set Deadlines/Hearings: Scheduling Conference reset for 10/30/2018 at 3:30 PM before District Judge Victoria A. Roberts. PLEASE NOTE THIS IS A TIME CHANGE ONLY. (LVer)

Oct. 25, 2018

Oct. 25, 2018

PACER
24

NOTICE of Appearance by Scott A. Mertens on behalf of Ruth Johnson, Sally Williams. (Mertens, Scott) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Scheduling Conference held on 10/30/2018. (LVer)

Oct. 30, 2018

Oct. 30, 2018

PACER
25

SCHEDULING ORDER: Discovery due by 6/17/2019; Dispositive Motion Cut-off set for 8/15/2019. Signed by District Judge Victoria A. Roberts. (Refer to image for additional dates) (LVer) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
26

MOTION TO EXTEND Date for Defendants to Serve Expert Reports by Ruth Johnson, Sally Williams. (Mertens, Scott) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER

TEXT-ONLY ORDER Granting 26 MOTION TO EXTEND Date for Defendants to Serve Expert Reports. Motions terminated: 26 . Signed by District Judge Victoria A. Roberts. (LVer)

Feb. 2, 2019

Feb. 2, 2019

PACER
27

MOTION for Leave to File Excess Pages for Defendants' Brief in Support of Motion for Summary Judgment by Ruth Johnson, Sally Williams. (Grill, Erik) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER
28

MOTION for Summary Judgment by Ruth Johnson, Sally Williams. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Affidavit of Sally Williams, # 3 Exhibit B. Comm to Elect Christopher Graveline Statement of Organization, # 4 Exhibit C. Republican Nomination, # 5 Exhibit D. Winger Report and CV, # 6 Exhibit E. Albright CV, # 7 Exhibit F. Albright Report, # 8 Exhibit G. Kelly Report, # 9 Exhibit H. Winger Rebuttal and CV, # 10 Exhibit I. Kelly Rebuttal, # 11 Exhibit J. 2018 Michigan Election Dates) (Grill, Erik) (Entered: 08/15/2019)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Affidavit of Sally Williams

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3 Exhibit B. Comm to Elect Christopher Graveline Statement of Organization

View on PACER

4 Exhibit C. Republican Nomination

View on PACER

5 Exhibit D. Winger Report and CV

View on PACER

6 Exhibit E. Albright CV

View on PACER

7 Exhibit F. Albright Report

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8 Exhibit G. Kelly Report

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9 Exhibit H. Winger Rebuttal and CV

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10 Exhibit I. Kelly Rebuttal

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11 Exhibit J. 2018 Michigan Election Dates

View on PACER

Aug. 15, 2019

Aug. 15, 2019

Clearinghouse
29

MOTION for Leave to File Excess Pages for Brief in Support of Motion for Summary Judgment and Permanent Injunctive Relief by All Plaintiffs. (Tedards, William) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER
30

MOTION for Summary Judgment AND PERMANENT INJUNCTIVE RELIEF by All Plaintiffs. (Attachments: # 1 Index of Exhibits Attachment 1, # 2 Exhibit 1 - Winger Expert Report - Dec 14, 2018, # 3 Exhibit 2 - Winger Expert Report - Apr 15, 2019, # 4 Exhibit 3 - Albright Expert Report - Feb 26, 2019, # 5 Exhibit 4 - Declaration of Willard H Johnson, # 6 Exhibit 5 - Declaration of Michael Leibson) (Tedards, William) (Entered: 08/15/2019)

1 Index of Exhibits Attachment 1

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2 Exhibit 1 - Winger Expert Report - Dec 14, 2018

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3 Exhibit 2 - Winger Expert Report - Apr 15, 2019

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4 Exhibit 3 - Albright Expert Report - Feb 26, 2019

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5 Exhibit 4 - Declaration of Willard H Johnson

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6 Exhibit 5 - Declaration of Michael Leibson

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Aug. 15, 2019

Aug. 15, 2019

Clearinghouse

TEXT-ONLY ORDER Granting 29 Motion for Leave to File Excess Pages and 27 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (LVer)

Aug. 16, 2019

Aug. 16, 2019

PACER
31

RESPONSE to 30 MOTION for Summary Judgment AND PERMANENT INJUNCTIVE RELIEF filed by Ruth Johnson, Sally Williams. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Election Results, # 3 Exhibit 2. Campaign Statement Cover Page) (Grill, Erik) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
32

MOTION for Leave to File Excess Pages for Brief in Opposition to Defendants' Motion for Summary Judgment by All Plaintiffs. (Tedards, William) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
33

RESPONSE to 28 MOTION for Summary Judgment PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by All Plaintiffs. (Tedards, William) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

TEXT-ONLY ORDER Granting Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (LVer)

Sept. 17, 2019

Sept. 17, 2019

PACER
34

REPLY to Response re 28 MOTION for Summary Judgment filed by Ruth Johnson, Sally Williams. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. MI Campaign Finance Committee Search Results Attorney General, # 3 Exhibit B. MI Campaign Finance Committee Search Results Secretary of State, # 4 Exhibit C. MI Campaign Finance Committee Search Results Governor) (Grill, Erik) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
35

REPLY to Response re 30 MOTION for Summary Judgment AND PERMANENT INJUNCTIVE RELIEF filed by All Plaintiffs. (Hall, Oliver) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
36

MOTION to Strike New Evidence and Arguments Raised in Defendants' Reply Brief, or in the Alternative, for Leave to File Surreply re 34 Reply to Response to Motion, by All Plaintiffs. (Hall, Oliver) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

Clearinghouse
37

MOTION to Amend/Correct 36 MOTION to Strike New Evidence and Arguments Raised in Defendants' Reply Brief, or in the Alternative, for Leave to File Surreply re 34 Reply to Response to Motion, by All Plaintiffs. (Hall, Oliver) Modified on 10/1/2019 (DWor). [[WRONG EVENT SELECTED - DOCUMENT IS ENTITLED "PLAINTIFFS' ADDENDUM TO MOTION TO STRIKE, OR IN THE ALTERNATIVE, FOR LEAVE TO FILE SURREPLY TO DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT"] (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
38

RESPONSE to 37 MOTION to Amend/Correct 36 MOTION to Strike New Evidence and Arguments Raised in Defendants' Reply Brief, or in the Alternative, for Leave to File Surreply re 34 Reply to Response to Motion, filed by Ruth Johnson, Sally Williams. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Memphis Publishing v Newspaper Guild) (Grill, Erik) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
39

ORDER granting in part and denying in part 36 Motion. Signed by District Judge Victoria A. Roberts. (NAhm) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
40

ERRATA Sheet re: 34 Reply to Response to Motion, filed by Sally Williams, Ruth Johnson. by Jocelyn Benson, Sally Williams (Attachments: # 1 Exhibit C. MI Campaign Finance Committee Search Results Governor) (Grill, Erik) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
41

SUR-REPLY re 30 MOTION for Summary Judgment AND PERMANENT INJUNCTIVE RELIEF filed by All Plaintiffs. (Hall, Oliver) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER

Set Hearing as to 28 Motion for Summary Judgment and 30 Motion for Summary Judgment And Permanent Injunctive Relief. Motion Hearing set for 12/17/2019 at 8:30 AM before District Judge Victoria A. Roberts in Courtroom 1080. (LVer)

Nov. 19, 2019

Nov. 19, 2019

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Motion Hearing held on 12/17/2019 re 30 MOTION for Summary Judgment and Permanent Injunctive Relief and 28 MOTION for Summary Judgment. Disposition: Motion taken under advisement (Court Reporter: Janice Coleman) (LVer)

Dec. 17, 2019

Dec. 17, 2019

PACER
42

ORDER: (1)Denying 28 Defendants' Motion for Summary Judgment; and (2) Granting 30 Plaintiffs' Motion for Summary Judgment and Permanent Injunctive Relief. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 12/22/2019)

Dec. 22, 2019

Dec. 22, 2019

Clearinghouse
43

JUDGMENT. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 12/22/2019)

Dec. 22, 2019

Dec. 22, 2019

PACER
44

[STRICKEN] MOTION for Attorney Fees by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Oliver Hall, # 2 Exhibit Declaration of William Tedards, # 3 Exhibit Declaration of Yvonne Tedards, # 4 Exhibit Declaration of Christopher Graveline) (Hall, Oliver) (Entered: 01/20/2020)

1 Exhibit Declaration of Oliver Hall

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2 Exhibit Declaration of William Tedards

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3 Exhibit Declaration of Yvonne Tedards

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4 Exhibit Declaration of Christopher Graveline

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Jan. 20, 2020

Jan. 20, 2020

Clearinghouse
45

MOTION Alter or Amend the Court's Findings re 42 Order on Motion for Summary Judgment, by Jocelyn Benson, Sally Williams. (Grill, Erik) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

Clearinghouse
46

MOTION to Intervene by Dana Nessel. (Meingast, Heather) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
47

ORDER Striking 44 MOTION for Attorney Fees. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
48

MOTION for Attorney Fees by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Oliver B. Hall (and Exhibits 1-4), # 3 Exhibit B - Declaration of William P. Tedards, Jr. (and Exhibits 1-3), # 4 Exhibit C - Declaration of Yvonne Watson (and Exhibits 1-5), # 5 Exhibit D - Declaration of Christopher Graveline) (Hall, Oliver) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
49

RESPONSE to 45 MOTION Alter or Amend the Court's Findings re 42 Order on Motion for Summary Judgment, filed by All Plaintiffs. (Hall, Oliver) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
50

REPLY to Response re 45 MOTION Alter or Amend the Court's Findings re 42 Order on Motion for Summary Judgment, filed by Jocelyn Benson, Sally Williams. (Grill, Erik) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

Clearinghouse
51

NOTICE by All Plaintiffs of withdrawal of 48 MOTION for Attorney Fees and Litigation Expenses. (Tedards, William) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

RECAP
52

ORDER Denying 45 Defendants' Motion to Alter or Amend The Court's Findings. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

Clearinghouse
53

ORDER Regarding 46 Attorney General Dana Nessel's Motion to Intevene. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
54

SUPPLEMENTAL BRIEF re 46 MOTION to Intervene, 53 Order filed by Dana Nessel. (Meingast, Heather) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
55

RESPONSE to 46 MOTION to Intervene of Dana Nessel filed by All Plaintiffs. (Hall, Oliver) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

Set Deadlines as to 46 MOTION to Intervene. Reply due by 4/23/2020. (LVer)

April 16, 2020

April 16, 2020

PACER
56

MOTION for Attorney Fees and Litigation Costs by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Oliver B. Hall (and Exhibits 1-4), # 3 Exhibit B - Declaration of William P. Tedards, Jr. (and Exhibits 1-3), # 4 Exhibit C - Declaration of Yvonne Watson (and Exhibits 1-5), # 5 Exhibit D - Declaration of Christopher Graveline) (Hall, Oliver) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
57

NOTICE OF APPEAL by Jocelyn Benson, Sally Williams, Dana Nessel re 42 Order on Motion for Summary Judgment, 52 Order on Motion - Free. Receipt No: AMIEDC-7751337 - Fee: $ 505 - Fee Status: Fee Paid. (Meingast, Heather) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

Clearinghouse
58

Certificate of Service re 57 Notice of Appeal. (LGra) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
59

REPLY to Response re 46 MOTION to Intervene filed by Dana Nessel. (Grill, Erik) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
60

TRANSCRIPT of Defendants' Motion for Summary Judgment and Plaintiffs' Motion for Permanent Injunctive Relief held on 12/17/19. (Court Reporter/Transcriber: Janice Coleman) (Number of Pages: 50) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber 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 5/20/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/28/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber at www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Coleman, J.) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
61

ORDER Granting 46 Michigan Attorney General's Motion to Intervene. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

Clearinghouse
62

ORDER Denying Without Prejudice Plaintiffs' 56 Motion for Attorney Fees and Litigation Expenses. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

Clearinghouse
63

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 57 Notice of Appeal filed by Sally Williams, Jocelyn Benson, Dana Nessel [Appeal Case Number 20-1337] (TTho) (Entered: 03/30/2021)

March 29, 2021

March 29, 2021

Clearinghouse
64

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 57 Notice of Appeal filed by Sally Williams, Jocelyn Benson, Dana Nessel, 63 Appeal Order/Opinion/Judgment [Appeal Case Number 20-1337] (TTho) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
65

MOTION for Attorney Fees by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Oliver B. Hall, # 3 Exhibit B - Declaration of William P Tedards Jr., # 4 Exhibit C - Declaration of Yvonne Watson, # 5 Exhibit D - Declaration of Christopher Graveline) (Hall, Oliver) (Entered: 04/23/2021)

1 Index of Exhibits

View on PACER

2 Exhibit A - Declaration of Oliver B. Hall

View on PACER

3 Exhibit B - Declaration of William P Tedards Jr.

View on PACER

4 Exhibit C - Declaration of Yvonne Watson

View on PACER

5 Exhibit D - Declaration of Christopher Graveline

View on PACER

April 23, 2021

April 23, 2021

Clearinghouse
66

STIPULATION AND ORDER Regarding Plaintiffs' Motion for Attorney Fees. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/18/2021)

May 17, 2021

May 17, 2021

Clearinghouse
67

RESPONSE to 65 MOTION for Attorney Fees filed by Jocelyn Benson, Dana Nessel, Sally Williams. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Economics of Law Practice Survey 2020) (Grill, Erik) (Entered: 05/21/2021)

1 Index of Exhibits Exhibit List

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2 Exhibit A. Economics of Law Practice Survey 2020

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May 21, 2021

May 21, 2021

PACER
69

ORDER Striking 68 Reply to Response to Motion filed by Willard H Johnson, Michael Leibson, Kellie K Deming, Christopher Graveline. (see image for details) Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

Clearinghouse
70

REPLY to Response re 65 MOTION for Attorney Fees filed by All Plaintiffs. (Hall, Oliver) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
71

REPLY to Response re 65 MOTION for Attorney Fees filed by All Plaintiffs. (Hall, Oliver) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

Clearinghouse
72

ORDER REOPENING CASE. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

Clearinghouse
73

NOTICE by Jocelyn Benson, Sally Williams Joint Notice of Pending Settlement of Plaintiffs' Motion for Award of Attorneys' Fees and Litigation Expenses (Grill, Erik) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

Clearinghouse
74

NOTICE by All Plaintiffs re 65 MOTION for Attorney Fees (Hall, Oliver) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

PACER
75

NOTICE by All Plaintiffs of withdrawal of 65 MOTION for Attorney Fees Plaintiffs' Praecipe To Withdraw Plaintiffs' Motion For Award Of Attorneys' Fees And Litigation Expenses. (Tedards, William) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

Clearinghouse
76

ORDER of Dismissal. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: July 27, 2018

Closing Date: Aug. 18, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Christopher Graveline filed suit in his capacity as a no-party-affiliation candidate for the office of Michigan Attorney General. Three voter-supporters also joined in filing suit.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sally William (Lansing), State

Ruth Johnson (Lansing), State

Jocelyn Benson (Lansing), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Voting Process Changes

Issues