Case: St. Joseph Parish St. Johns v. Nessel

1:22-cv-01154 | U.S. District Court for the Western District of Michigan

Filed Date: Dec. 5, 2022

Case Ongoing

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Case Summary

On December 5, 2022, a Catholic church in rural Michigan filed this lawsuit against the state, arguing that new sex and gender protections under civil rights law prevent its elementary school from hiring and teaching according to its faith. The church filed the lawsuit in the U.S. District Court for the Western District of Michigan, Southern Division, and named the Michigan Attorney General, Michigan Department of Civil Rights, and Michigan Civil Rights Commission as the defendants. The church …

On December 5, 2022, a Catholic church in rural Michigan filed this lawsuit against the state, arguing that new sex and gender protections under civil rights law prevent its elementary school from hiring and teaching according to its faith. The church filed the lawsuit in the U.S. District Court for the Western District of Michigan, Southern Division, and named the Michigan Attorney General, Michigan Department of Civil Rights, and Michigan Civil Rights Commission as the defendants. The church was represented by the Becket Fund, a national nonprofit religious liberty law firm, and by the Lansing Catholic Diocese's attorney. 

In July 2022, the Michigan Supreme Court held in Rouch World, LLC v. Department of Civil Rights that discrimination "because of" sex also applies to gender identity and sexual orientation. Accordingly, Michigan announced they would extend the Elliot-Larsen Civil Rights Act (ELCRA) to prevent discrimination not just based on biological sex, but also on sexual orientation and gender identity. Unlike its federal counterpart and the policies of some other states, Michigan's ELCRA does not contain a religious exemption. ELCRA applies to employers and educational facilities, and so applies to the church; the ELCRA also applies to public accommodations, which the church at times meets the criteria for.

The church argues that the ELCRA (1) holds them liable as a public accommodation, and that they would have to let any visitors to their facilities use any bathrooms, would have to administer gay marriages, and not make statements otherwise, (2) deprives them of the right to participate equally in public programs they currently rely on, e.g., staff support programs, (3) interferes with their ability to hire employees based on their faithfulness to Catholic teachings, (4) infringes their ability to espouse the church's teachings (e.g., that marriage is between a man and a woman and that there are only two sexes, determined at birth, which parishioners must behave in accordance with) and corresponding code of conduct.

The church alleges that the ELCRA (1) violates the First Amendment's case-law-created grant of church autonomy (e.g., Carson v. Makin and Hosanna-Tabor v. EEOC), (2) violates general applicability under the First Amendment's Free Exercise Clause by applying specifically to religion and not comparable secular activities (the ELCRA allows some secular exemptions) and therefore triggers strict scrutiny, (3) further violates the Free Exercise clause by discriminating based on religious status when deciding whether to confer government benefits, (4) violates the Free Speech portion of the First Amendment by barring the church from choosing the content of its own message, and (5) violates the Free Speech & Assembly Clauses by compelling them to assemble and associate with those who contradict their beliefs. 

The church sought declaratory relief, attorney's fees, and preliminary and permanent injunctions against the harms they had enumerated (e.g., an injunction against compelling the church to hire employees who do not share its beliefs).

The most recent docket action was on December 6, 2022: the case was assigned to Judge Robert J. Jonker.

Summary Authors

Sophia Bucci (12/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66612801/parties/st-joseph-parish-st-johns-v-nessel/


Attorney for Plaintiff

Haun, William (Michigan)

Reaves, Nicholas Robert (Michigan)

Windham, Lori (Michigan)

Attorney for Defendant

Jeter, Tonya (Michigan)

Pendrick, Kimberly Karen (Michigan)

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Documents in the Clearinghouse

Document
1

1:22-cv-01154

Complaint

Dec. 5, 2022

Dec. 5, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66612801/st-joseph-parish-st-johns-v-nessel/

Last updated July 28, 2023, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by St. Joseph Parish St. Johns (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Haun, William) (Entered: 12/05/2022)

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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Dec. 5, 2022

Dec. 5, 2022

Clearinghouse
2

PROPOSED SUMMONS to be issued re 1 (Haun, William) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
3

CORPORATE DISCLOSURE STATEMENT by St. Joseph Parish St. Johns (Haun, William) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER

Filing Fee (Civil Case) - Credit Card Payment

Dec. 5, 2022

Dec. 5, 2022

PACER

FILING FEE PAID re 1 by plaintiff St. Joseph Parish St. Johns in the amount of $402, receipt number AMIWDC-6916533 (Haun, William)

Dec. 5, 2022

Dec. 5, 2022

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Lori Windham on behalf of plaintiff St. Joseph Parish St. Johns (Windham, Lori)

Dec. 5, 2022

Dec. 5, 2022

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of William Haun on behalf of plaintiff St. Joseph Parish St. Johns (Haun, William)

Dec. 5, 2022

Dec. 5, 2022

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Nicholas Robert Reaves on behalf of plaintiff St. Joseph Parish St. Johns (Reaves, Nicholas)

Dec. 5, 2022

Dec. 5, 2022

PACER

Attorney Appearance

Dec. 5, 2022

Dec. 5, 2022

PACER
4

NOTICE that this case has been assigned to Robert J. Jonker (slk) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
5

SUMMONS ISSUED as to defendants Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (slk) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
6

SUMMONS returned executed; Dana Nessel served on 12/13/2022, answer due 1/3/2023 (Haun, William) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER
7

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to David Worthams waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
8

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to Portia L. Roberson waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
9

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to Luke R. Londo waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
10

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to Gloria E. Lara waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
11

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to Anupama Kosaraju waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
12

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to John E. Johnson, Jr waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
13

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to Zenna Faraj Elhason waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
14

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to Richard Corriveau waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
15

WAIVER OF SERVICE returned executed by St. Joseph Parish St. Johns as to Regina Gasco-Bentley waiver sent on 12/19/2022, answer due 2/17/2023 (Haun, William) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
16

PROPOSED STIPULATION and ORDER Extending Deadline for Defendant Dana Nessel to File Responsive Documents by defendant Dana Nessel [Attorney Tonya Jeter added to party Dana Nessel(pty:dft)] (Jeter, Tonya) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

RECAP
17

ORDER granting STIPULATION 16 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, sdb) (Entered: 01/05/2023)

Jan. 5, 2023

Jan. 5, 2023

RECAP
18

MOTION to reassign case Within the Western District by defendants Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams; (Jeter, Tonya) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER
19

BRIEF in support of MOTION to reassign case Within the Western District 18 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Attachments: # 1 Index Exhibit List, # 2 Exhibit A. Christian Healthcare Centers Complaint, # 3 Exhibit Rouch World Opinion & Order) (Jeter, Tonya) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER
20

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to reassign case Within the Western District 18 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER
21

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 19 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER
22

ADMINISTRATIVE ORDER No. 23-CA-008 that this case is reassigned to District Judge Jane M. Beckering and Magistrate Judge Phillip J. Green for all further proceedings ; signed by Chief Judge Hala Y. Jarbou (mlc) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

PACER
23

(DISREGARD) ORDER dismissing as moot motion to reassign case 18 ; signed by District Judge Jane M. Beckering (lep) Modified text on 1/27/2023 - document did not attach, please see 24 (slk). (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER
24

ORDER dismissing as moot motion to reassign case 18 ; signed by District Judge Jane M. Beckering (lep) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER

Order on Motion to Reassign Case

Jan. 26, 2023

Jan. 26, 2023

PACER
25

MOTION to dismiss for lack of jurisdiction, MOTION to dismiss for failure to state a claim by defendants Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams; (Jeter, Tonya) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
26

BRIEF in support of MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim 25 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Attachments: # 1 Index Exhibit List, # 2 Exhibit A. MCRC Resolution, # 3 Exhibit B. Rouch World Court of Claims Opinion & Order, # 4 Exhibit C. Rouch World Court of Claims Stipulated Order of Dismissal) (Jeter, Tonya) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
27

CERTIFICATE of compliance re word count for Brief in Support of a Motion,, 26 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
28

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim 25 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Kimberly Karen Pendrick on behalf of defendants Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Pendrick, Kimberly)

Feb. 16, 2023

Feb. 16, 2023

PACER
29

AMENDED COMPLAINT against All Defendants filed by St. Joseph Parish St. Johns (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) (Haun, William) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

PACER
30

ORDER dismissing as moot motion to dismiss 25 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

PACER
31

MOTION to amend/correct Complaint by plaintiff St. Joseph Parish St. Johns; (Attachments: # 1 Exhibit 1 - Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit 2 - Proposed Order Granting Motion for Leave to Amend Complaint, # 12 Exhibit 3 - Certificate of Nonconcurrence) (Haun, William) (Entered: 03/30/2023)

1 Exhibit 1 - Second Amended Complaint

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit 2 - Proposed Order Granting Motion for Leave to Amend Complaint

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12 Exhibit 3 - Certificate of Nonconcurrence

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March 30, 2023

March 30, 2023

RECAP
32

BRIEF in support of MOTION to amend/correct Complaint 31 filed by St. Joseph Parish St. Johns (Haun, William) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

RECAP
33

MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction by defendants Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams; (Jeter, Tonya) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

RECAP
34

BRIEF in support of MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 33 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

RECAP
35

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction 33 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

RECAP
36

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 34 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

RECAP
37

MOTION to hold motion to dismiss 33 in abeyance pending motion for leave to amend complaint 31 by plaintiff St. Joseph Parish St. Johns; (Haun, William) Modified text on 4/6/2023 (slk). (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

PACER
38

BRIEF in support of MOTION to hold motion to dismiss 33 in abeyance pending motion for leave to amend complaint 31, 37 filed by St. Joseph Parish St. Johns (Attachments: # 1 Attachment Certificate of Nonconcurrence, # 2 Proposed Order) (Haun, William) Modified text on 4/6/2023 (slk). (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

PACER
39

ORDER granting motion for leave to amend complaint 31 ; the Clerk of Court shall accept for filing Plaintiff's proposed second amended complaint; Defendants' answer or other responsive pleading due not later than 4/28/2023; dismissing as moot motion to dismiss 33 and motion to hold in abeyance 37 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 04/07/2023)

April 7, 2023

April 7, 2023

RECAP
40

SECOND AMENDED COMPLAINT (filed per order 39 ) against All Defendants filed by St. Joseph Parish St. Johns (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) (slk) (Entered: 04/07/2023)

April 7, 2023

April 7, 2023

PACER
41

PROPOSED STIPULATION and ORDER Extending Deadline for Defendants to File Responsive Documents by defendants Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Pendrick, Kimberly) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
42

ORDER granting STIPULATION 41 ; Defendants' answer or motion under Rule 12 due 5/5/2023; signed by District Judge Jane M. Beckering (rmw) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
43

MOTION to dismiss for lack of jurisdiction Plaintiff's Second Amended Complaint by defendants Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams; (Jeter, Tonya) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
44

BRIEF in support of MOTION to dismiss for lack of jurisdiction Plaintiff's Second Amended Complaint 43 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Attachments: # 1 Index Exhibit List, # 2 Exhibit A. MCRC Resolution, # 3 Exhibit B. Rouch World Court of Claims Opinion & Order, # 4 Exhibit C. Rouch World Court of Claims Stipulated Order of Dismissal) (Jeter, Tonya) (Entered: 05/05/2023)

1 Index Exhibit List

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2 Exhibit A. MCRC Resolution

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3 Exhibit B. Rouch World Court of Claims Opinion & Order

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4 Exhibit C. Rouch World Court of Claims Stipulated Order of Dismissal

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May 5, 2023

May 5, 2023

RECAP
45

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for lack of jurisdiction Plaintiff's Second Amended Complaint 43 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
46

CERTIFICATE of compliance re word count for Brief in Support of a Motion,, 44 filed by Richard Corriveau, Zenna Faraj Elhason, Regina Gasco-Bentley, John E. Johnson, Jr, Anupama Kosaraju, Gloria E. Lara, Luke R. Londo, Dana Nessel, Portia L. Roberson, David Worthams (Jeter, Tonya) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
47

Response in Opposition

1 Exhibit A

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June 2, 2023

June 2, 2023

RECAP
48

Reply to Response to Motion

June 16, 2023

June 16, 2023

RECAP
49

Certificate of Compliance Regarding Word Count

June 16, 2023

June 16, 2023

PACER
50

Motion for Leave to File

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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June 26, 2023

June 26, 2023

RECAP
51

Certificate Regarding Motion Concurrence

June 26, 2023

June 26, 2023

PACER
52

Response in Opposition

July 6, 2023

July 6, 2023

PACER
53

Certificate of Compliance Regarding Word Count

July 6, 2023

July 6, 2023

PACER
54

Motion for Leave to File

July 13, 2023

July 13, 2023

PACER
55

Supplement

July 13, 2023

July 13, 2023

PACER
56

Certificate Regarding Motion Concurrence

July 13, 2023

July 13, 2023

PACER