Case: Sinclair v. Meisner

2:18-cv-14042 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 26, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 26, 2018, a Black woman filed this putative class action in the U.S. District Court for the Eastern District of Michigan against the Oakland County, the City of Southfield, and various private entities on behalf of herself and similarly situated persons. The plaintiff alleged that the office circumvented Michigan law by improperly transferring her property and property belonging to other Black homeowners to private corporations in violation of their right to procedural due process. …

On December 26, 2018, a Black woman filed this putative class action in the U.S. District Court for the Eastern District of Michigan against the Oakland County, the City of Southfield, and various private entities on behalf of herself and similarly situated persons. The plaintiff alleged that the office circumvented Michigan law by improperly transferring her property and property belonging to other Black homeowners to private corporations in violation of their right to procedural due process. These properties, which the plaintiff alleged were disproportionately owned by Black persons, faced tax foreclosures, and the plaintiff argued that these transfers racially discriminated against Black homeowners in violation of the Fair Housing Act. Initially proceeding pro se, but later represented by private counsel, the plaintiff sought injunctive relief against the City’s Neighborhood Revitalization Initiative, which evicted her from her home, to prevent further transfers of her property. She also sought punitive and compensatory damages. Judge Terrence G. Berg was assigned to the case.

On February 14, 2019, the plaintiff amended her complaint to include the argument that Oakland County violated her due process rights and equal protection guarantees. She based her argument on the fact that Wayne County allowed its residents to take advantage of a 2015 law that the MI Legislature passed, which gave residents more time to pay off delinquent taxes. Plaintiff contended that the unequal application of the 2015 law violated procedural due process rights and equal protection guarantees in the U.S. Constitution and state analogues.

The defendants filed separate motions to dismiss in March of 2019. Magistrate Judge Michael J. Hluchaniuk issued a report and recommendation on January 9, 2020, supporting dismissal of the plaintiff's claims. Judge Berg accepted the magistrate judge's report and recommendation dismissing the plaintiff's complaint and then stayed the case pending the Sixth Circuit's resolution of a case that would affect the viability of any amended complaint the plaintiff filed arguing violations of the Takings Clause. That case, Freed v. Thomas, concerned whether there were jurisdictional grounds to dismiss a takings claim brought in federal court that did not seek to enjoin an ongoing state court proceeding on the grounds of the Tax Injunction Act, Rooker-Feldman, or comity.

Freed ultimately did not affect the disposition of this case, and the plaintiff moved to filed a second amended complaint on May 28, 2021. However, the district court denied that motion on February 28, 2022, reasoning that there was no clear evidence that the government had pocketed surplus value from the foreclosure of the plaintiff's home or that the plaintiff had a property or equity interest in that surplus.

On March 30, 2022, the plaintiff appealed the district court's dismissal of her claims, arguing that she and members of the putative class did have a cognizable property interest. The U.S. Court of Appeals for the Sixth Circuit affirmed in part and vacated in part the district court's dismissal. The appellate court concluded that the plaintiff did have a cognizable equitable property interest and therefore a takings claim that could survive the motion to dismiss stage. As such, the appellate court vacated the district court's denial of the plaintiff's motion to amend to allege federal takings claims against Oakland County; state takings claims against Oakland County and the City of Southfield; and a civil conspiracy claim as to all the defendants. While these claims hinged on the same predicate analysis of a cognizable property interest, others did not. As such, the Sixth Circuit affirmed the district court's dismissal of the plaintiff's original complaint and its claims, in part also because the plaintiff's objections to the magistrate judge's initial report and recommendation were too generalized.

This case remains ongoing. The defendants filed a petition for writ of certiorari with the Supreme Court of the United States on March 14, 2023, docketed at 22-894.

Summary Authors

Priyanka Podugu (3/31/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8459855/parties/sinclair-v-meisner/


Judge(s)

Berg, Terrence George (Michigan)

Attorney for Plaintiff

Blake, Jayson E. (Michigan)

Attorney for Defendant

Abel, Jason R. (Michigan)

Asmar, David N. (Michigan)

Buck, Brandon K. (Michigan)

show all people

Documents in the Clearinghouse

Document
1

2:18-cv-14042

Injunctive Relief Complaint and Jury Demand

Dec. 26, 2018

Dec. 26, 2018

Complaint
8

2:18-cv-14042

Plaintiff's First Amended Complaint

Feb. 14, 2019

Feb. 14, 2019

Complaint
34

2:18-cv-14042

Report and Recommendation Defendants' Motions to Dismiss (ECF Nos. 13,15,17)

Jan. 9, 2020

Jan. 9, 2020

Magistrate Report/Recommendation

2020 WL 2020

39

2:18-cv-14042

Order Adopting Report and Recommendation

March 10, 2020

March 10, 2020

Order/Opinion

2020 WL 2020

64

2:18-cv-14042

Order Denying Motion to File Second Amended Complaint

Feb. 28, 2022

Feb. 28, 2022

Order/Opinion

587 F.Supp.3d 587

65

2:18-cv-14042

Judgment

Feb. 28, 2022

Feb. 28, 2022

Order/Opinion
69

22-01264

Order

U.S. Court of Appeals for the Sixth Circuit

May 27, 2022

May 27, 2022

Order/Opinion

22-01264

Order

U.S. Court of Appeals for the Sixth Circuit

Dec. 29, 2022

Dec. 29, 2022

Order/Opinion

2022 WL 2022

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8459855/sinclair-v-meisner/

Last updated March 9, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Marion Sinclair against All Defendants (Attachments: # 1 Document Continuation) (NAhm) (Entered: 12/27/2018)

1 Document Continuation

View on PACER

Dec. 26, 2018

Dec. 26, 2018

Clearinghouse
2

APPLICATION to Proceed without prepaying fees or costs by Marion Sinclair. (NAhm) (Entered: 12/27/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
4

Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
5

ORDER granting 2 Application to Proceed Without Prepaying Fees or Costs and for service by the U.S. Marshal. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
6

ORDER Directing Plaintiff to Complete Service Documents and for Service of Process by the US Marshal. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
7

ORDER Referring Pretrial Matters to Magistrate Judge Stephanie Dawkins Davis. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 5 Order on Application to Proceed Without Prepaying Fees or Costs, 7 Order Referring Pretrial Matters to Magistrate Judge, 6 Directing Service by the US Marshal on All Plaintiffs at 25325 Grodan Drive Apt 220, Southfield, MI 48022. (AChu)

Jan. 29, 2019

Jan. 29, 2019

PACER
8

AMENDED COMPLAINT with jury demand filed by Marion Sinclair against defendants. (Attachments: # 1 Document Continuation) (DPer) (Entered: 02/15/2019)

Feb. 14, 2019

Feb. 14, 2019

Clearinghouse
9

SUMMONS Issued for *Nancy Banks, Lora Brantley-Gilbert, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Rita Fulgiam-Hillman, GTJ Consulting, LLC, Habitat for Humanity, JBR Disposal, LLC, Etoile Libbett, Irv Lowenberg, Michael Mandlebaum, Andy Meisner, Oakland, County of, Mitchell Simon, Kenson Siver, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Southfield, City of, Earlene Trayler-Neal, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn* (DPer) (Entered: 02/19/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
10

ACKNOWLEDGMENT from U.S. Marshal Service of Receipt of Service of Process Documents. (NAhm) (Entered: 02/25/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
11

ATTORNEY APPEARANCE: T. Joseph Seward appearing on behalf of Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn (Seward, T.) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
12

ATTORNEY APPEARANCE: Michael A. Knoblock appearing on behalf of Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn (Knoblock, Michael) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
13

MOTION to Dismiss by Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Knoblock, Michael) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
14

ORDER Requiring Response to 13 Motion to Dismiss. Response due by 4/8/2019 Reply due by 4/22/2019 Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 14 Order Requiring Responsive Pleading on Marion Sinclair, 25325 Grodan Dr., Apt. 220, Southfield, MI 48022 (THal)

March 14, 2019

March 14, 2019

PACER
15

MOTION to Dismiss by Lora Brantley-Gilbert, Rita Fulgiam-Hillman, Etoile Libbett, Mitchell Simon, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Earlene Trayler-Neal. (Attachments: # 1 Brief in Support, # 2 Index of Exhibits, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Proof of Service, # 11 Notice of Appearance) (Couvreur, Joseph) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
16

NOTICE of Appearance by Matthew T. Nicols on behalf of Lora Brantley-Gilbert, Rita Fulgiam-Hillman, Etoile Libbett, Mitchell Simon, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Earlene Trayler-Neal. (Nicols, Matthew) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
17

MOTION to Dismiss by Andy Meisner, Oakland County Tax Tribunal, Oakland, County of. (Attachments: # 1 Exhibit Exhibits 1-4 of Motion to Dismiss) (Mann, William) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
18

ORDER Requiring Response to 15 Motion to Dismiss, 17 Motion to Dismiss. Response due by 4/22/2019. Reply due by 5/6/2019. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 18 Order Requiring Responsive Pleading on Marion Sinclair, 25325 Grodan Dr., Apt. 220, Southfield, MI 48022 (THal)

March 27, 2019

March 27, 2019

PACER
19

ANSWER to Amended Complaint with Affirmative Defenses and Certificate of Service by GTJ Consulting, LLC. (Abel, Jason) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
20

MOTION for appointment of counsel and for an extension of time to file a response to 13 Motion to dismiss by Marion Sinclair. (DPer) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
21

ORDER denying 20 Motion to Appoint Counsel ; granting 20 Motion for Extension of Time to File Response/Reply re 20 MOTION to Appoint Counsel MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss ( Response due by 5/6/2019, Reply due by 5/13/2019)Signed by Magistrate Judge Stephanie Dawkins Davis. (SKra) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 21 Order on Motion to Appoint Counsel,, Order on Motion for Extension of Time to File Response/Reply, on Marion Sinclair at 25325 Grodan Dr., Apt. 220, Southfield, MI 48022. (SKra) Modified on 4/15/2019 (SKra).

April 11, 2019

April 11, 2019

PACER
22

RESPONSE to 13, 15 and 17 Motions to dismiss filed by Marion Sinclair. (DPer) (Entered: 05/07/2019)

May 6, 2019

May 6, 2019

PACER
23

REPLY to Response re 15 MOTION to Dismiss filed by Lora Brantley-Gilbert, Rita Fulgiam-Hillman, Etoile Libbett, Mitchell Simon, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Earlene Trayler-Neal. (Attachments: # 1 Exhibit) (Couvreur, Joseph) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
24

CERTIFICATE OF SERVICE re 23 Reply to Response to Motion, by Lora Brantley-Gilbert, Rita Fulgiam-Hillman, Etoile Libbett, Mitchell Simon, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Earlene Trayler-Neal (Couvreur, Joseph) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
25

REPLY to Response re 17 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Andy Meisner, Oakland County Tax Tribunal, Oakland, County of. (Mann, William) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
26

REPLY to Response re 13 MOTION to Dismiss filed by Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn. (Attachments: # 1 Exhibit - 1 Rafaeli v. Wayne Cty.) (Knoblock, Michael) (Entered: 05/20/2019)

May 20, 2019

May 20, 2019

PACER
27

Summons Returned Unexecuted as to Lloyd Crews. (DPer) (Entered: 05/22/2019)

May 21, 2019

May 21, 2019

PACER
28

Summons Returned Unexecuted as to Earlene Trayler-Neal. (DPer) (Entered: 05/22/2019)

May 21, 2019

May 21, 2019

PACER
29

Summons Returned Unexecuted as to Etoile Libbett. (DPer) (Entered: 05/22/2019)

May 21, 2019

May 21, 2019

PACER
30

Summons Returned Unexecuted as to Michael Mandlebaum. (DPer) (Entered: 05/22/2019)

May 21, 2019

May 21, 2019

PACER
31

Summons Returned Unexecuted as to Rita Fulgiam-Hillman. (DPer) (Entered: 05/22/2019)

May 21, 2019

May 21, 2019

PACER
32

Summons Returned Unexecuted as to Lora Brantley-Gilbert. (DPer) (Entered: 05/22/2019)

May 21, 2019

May 21, 2019

PACER

Text-Only Reassignment Pursuant to Administrative Order

Dec. 23, 2019

Dec. 23, 2019

PACER

Text-Only Order of reassignment from Magistrate Judge Stephanie Dawkins Davis to Magistrate Judge Michael J. Hluchaniuk pursuant to Administrative Order 19-AO-038. (NAhm)

Dec. 23, 2019

Dec. 23, 2019

PACER
33

ORDER Referring Pretrial Matters to Magistrate Judge Michael J. Hluchaniuk. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER

TEXT-ONLY CERTIFICATE OF SERVICE re 33 Order Referring Pretrial Matters to Magistrate Judge on Marion Sinclair at 25325 Grodan Dr Apt 220, Southfield, MI 48022. (AChu)

Jan. 3, 2020

Jan. 3, 2020

PACER
34

REPORT AND RECOMMENDATION re Defendants' Motions to Dismiss (ECF Nos. 13, 15, 17 . Signed by Magistrate Judge Michael J. Hluchaniuk. (DWor) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

Clearinghouse

TEXT-ONLY CERTIFICATE OF SERVICE re 34 REPORT AND RECOMMENDATION re 17 MOTION to Dismiss, 15 MOTION to Dismiss, 13 MOTION to Dismiss on Marion Sinclair at 25325 Grodan Dr., Apt. 220, Southfield, MI 48022 (DWor)

Jan. 9, 2020

Jan. 9, 2020

PACER
35

OBJECTIONS to 34 Report and Recommendation by Marion Sinclair; with request to amend complaint. (DPer) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER
36

RESPONSE to 34 REPORT AND RECOMMENDATION re 17 MOTION to Dismiss filed by Oakland County Tax Tribunal, Oakland, County of, Andy Meisner, 15 MOTION to Dismiss filed by Mitchell Simon, Lora Brantley-Gilbert, Southfield Neighborhood Re filed by Andy Meisner, Oakland, County of. (Mann, William) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
37

RESPONSE to 35 Objection to Report and Recommendation by Lora Brantley-Gilbert, Rita Fulgiam-Hillman, Etoile Libbett, Mitchell Simon, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Earlene Trayler-Neal. (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Nicols, Matthew) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
38

RESPONSE to 35 Objection to Report and Recommendation by Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 White v. Mortg. Elecs. Registration Sys., Inc., # 3 Exhibit 2 Wilson v. Bredesen, # 4 Exhibit 3 Johnson v. Michigan Dept of Treasury, # 5 Exhibit 4 Pegross v. Oakland County Treasurer, # 6 Exhibit 5 Kuerbitz v. Meisner, # 7 Exhibit 6 Hammoud v. County of Wayne, # 8 Exhibit 7 Hammoud v. Wayne County, # 9 Exhibit 8 Rafaeli LLC v. Wayne County, # 10 Exhibit 9 Anderson v. Cty. of Wayne, # 11 Exhibit 10 Bey v. Smith) (Knoblock, Michael) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
39

ORDER Adopting 34 Report and Recommendation. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

Clearinghouse

TEXT-ONLY CERTIFICATE OF SERVICE re 39 Order Adopting Report and Recommendation on Marion Sinclair at 25325 Grodan Dr Apt 220, Southfield, MI 48022. (AChu)

March 10, 2020

March 10, 2020

PACER
40

ATTORNEY APPEARANCE: Brandon K. Buck appearing on behalf of Andy Meisner, Oakland County Tax Tribunal, Oakland, County of (Buck, Brandon) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
41

ATTORNEY APPEARANCE: David N. Asmar appearing on behalf of Andy Meisner, Oakland County Tax Tribunal, Oakland, County of (Asmar, David) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
42

NOTICE by Nancy Banks, Lora Brantley-Gilbert, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Rita Fulgiam-Hillman, Etoile Libbett, Irv Lowenberg, Michael Mandlebaum, Andy Meisner, Oakland County Tax Tribunal, Oakland, County of, Mitchell Simon, Kenson Siver, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Southfield, City of, Earlene Trayler-Neal, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn (Attachments: # 1 Exhibit) (Nicols, Matthew) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
43

STIPULATION AND ORDER for Withdrawal of Attorney William J. Mann. Attorney William J. Mann terminated. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
44

CERTIFICATE OF SERVICE by Southfield Neighborhood Revitalization Initiative, LLC (Nicols, Matthew) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
45

ORDER in Response to Issuance of Freed Mandate. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

RECAP

TEXT-ONLY CERTIFICATE OF SERVICE re 45 Order on Marion Sinclair at 25325 Grodan Dr Apt 220, Southfield, MI 48022. (AChu)

April 8, 2021

April 8, 2021

PACER
46

NOTICE of Appearance by Mark L. McAlpine on behalf of Marion Sinclair. (McAlpine, Mark) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
47

NOTICE of Appearance by Jayson E. Blake on behalf of Marion Sinclair. (Blake, Jayson) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
48

NOTICE of Appearance by Adam T. Schnatz on behalf of Marion Sinclair. (Schnatz, Adam) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
49

NOTICE of Appearance by Scott F. Smith on behalf of All Plaintiffs. (Smith, Scott) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
50

NOTICE by Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn re 45 Order for Meet-and-Confer Conference (Knoblock, Michael) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
51

MOTION for Leave to File To file Second Amended Class Action Complaint by Marion Sinclair. (Attachments: # 1 Exhibit Exhibit A - Plaintiff's Second Amended Complaint for Declaratory Relief and Damages) (McAlpine, Mark) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
52

RESPONSE to 51 MOTION for Leave to File To file Second Amended Class Action Complaint filed by Oakland, County of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Freed v Thomas, # 3 Exhibit B - Hall Opinion & Order) (Buck, Brandon) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
53

RESPONSE to 51 MOTION for Leave to File To file Second Amended Class Action Complaint filed by Lora Brantley-Gilbert, Rita Fulgiam-Hillman, Etoile Libbett, Mitchell Simon, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Earlene Trayler-Neal. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6) (Couvreur, Joseph) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
54

RESPONSE to 51 MOTION for Leave to File To file Second Amended Class Action Complaint filed by Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Freed v. Thomas, on remand, # 3 Exhibit 2 Rose v. Oakland County Treasurer, et al., # 4 Exhibit 3 Hall v. Meisner, # 5 Exhibit 4 Hathon v. State, # 6 Exhibit 5 Hathon v. State Motion to Certify, # 7 Exhibit 6 Stockler v. City of Detroit, # 8 Exhibit 7 Garwood v. Baker Coll Of Clinton Tp., # 9 Exhibit 8 Bauss v. Plymouth Twp., # 10 Exhibit 9 Faith Baptist Church v. Waterford Twp., # 11 Exhibit 10 Arkona, LLC v. Co. of Cheboygan, # 12 Exhibit 11 Grainger, Jr v. Co. of Ottawa) (Knoblock, Michael) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER

TEXT-ONLY ORDER Directing Plaintiff to File a Consolidated Reply to 54 Response to Motion, 53 Response to Motion, 52 Response to Motion. The page limit is increased to 15 pages. Issued by District Judge Terrence G. Berg. (AChu)

June 16, 2021

June 16, 2021

PACER

Text-Only Order

June 16, 2021

June 16, 2021

PACER
55

STIPULATION REGARDING PLAINTIFFS REPLY BRIEF IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT by Marion Sinclair (Blake, Jayson) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER

TEXT-ONLY ORDER GRANTING 55 Stipulation filed by Marion Sinclair. Signed by District Judge Terrence G. Berg. (AChu)

June 21, 2021

June 21, 2021

PACER

Text-Only Order

June 21, 2021

June 21, 2021

PACER
56

REPLY to Response re 51 MOTION for Leave to File To file Second Amended Class Action Complaint filed by Marion Sinclair. (McAlpine, Mark) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
57

NOTICE OF HEARING on 51 MOTION for Leave to File To file Second Amended Class Action Complaint. Motion Hearing set for 9/27/2021 02:00 PM before District Judge Terrence G. Berg (AChu) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
58

MOTION for Leave to File Supplement to Motion for Leave to File Second Amended Class Action Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Plaintiff's Supplement to Her Motion for Leave to File Second Amended Class Action Complaint) (Blake, Jayson) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER

TEXT-ONLY ORDER GRANTING 58 MOTION for Leave to File Supplement to Motion for Leave to File Second Amended Class Action Complaint filed by Marion Sinclair. Issued by District Judge Terrence G. Berg. (AChu)

Aug. 5, 2021

Aug. 5, 2021

PACER
59

SUPPLEMENTAL BRIEF re 51 MOTION for Leave to File To file Second Amended Class Action Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3) (Blake, Jayson) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER

~Util - Terminate Motions AND Text-Only Order

Aug. 5, 2021

Aug. 5, 2021

PACER
60

SUPPLEMENTAL BRIEF re 59 Supplemental Brief, filed by Nancy Banks, Daniel Brightwell, Lloyd Crews, Donald Fracassi, Myron Frasier, Irv Lowenberg, Michael Mandlebaum, Kenson Siver, Southfield, City of, Sue Ward-Witkowski, Gerald Witkowski, Frederick Zorn. (Attachments: # 1 Exhibit Johnson v. Meisner) (Knoblock, Michael) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
61

REPLY to Response re 51 MOTION for Leave to File To file Second Amended Class Action Complaint filed by All Plaintiffs. (Blake, Jayson) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER

TEXT-ONLY NOTICE: Motion Hearing on 09/27/2021 is Cancelled. New date to issue. (AChu)

Sept. 23, 2021

Sept. 23, 2021

PACER

Text-Only Notice of Hearing Cancelled

Sept. 24, 2021

Sept. 24, 2021

PACER
62

NOTICE OF VIDEO CONFERENCE HEARING on 51 MOTION for Leave to File To file Second Amended Class Action Complaint. Motion Hearing set for 1/5/2022 02:00 PM before District Judge Terrence G. Berg |Zoom Webinar Information: https://www.zoomgov.com/j/1607851503?pwd=dVdOMkxTS1Z6VkNSNnJMN2ljVlA5QT09 Passcode: 417973 Or One tap mobile : US: +16692545252,,1607851503# or +16692161590,,1607851503#| (AChu) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER

Minute Entry for virtual proceedings before District Judge Terrence G. Berg: Motion Hearing held on 1/5/2022 re 51 MOTION for Leave to File To file Second Amended Class Action Complaint filed by Marion Sinclair. Disposition: Motion taken under advisement (Court Reporter: Linda Cavanagh) (AChu)

Jan. 5, 2022

Jan. 5, 2022

PACER
63

MOTION for Withdrawal of Attorney Adam T. Schnatz by All Plaintiffs. (McAlpine, Mark) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER

TEXT-ONLY ORDER GRANTING 63 MOTION for Withdrawal of Attorney Adam T. Schnatz filed by Marion Sinclair. Attorney Adam T. Schnatz terminated. Signed by District Judge Terrence G. Berg. (AChu)

Jan. 13, 2022

Jan. 13, 2022

PACER

~Util - Add and Terminate Attorneys AND ~Util - Terminate Motions AND Text-Only Order

Jan. 13, 2022

Jan. 13, 2022

PACER

~Util - Terminate Motions AND ~Util - Add and Terminate Attorneys AND Text-Only Order

Jan. 13, 2022

Jan. 13, 2022

PACER

~Util - Add and Terminate Attorneys AND Text-Only Order AND ~Util - Terminate Motions

Jan. 13, 2022

Jan. 13, 2022

PACER
64

ORDER denying 51 Motion for Leave to File Second Amended Class Action Complaint. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

Clearinghouse
65

JUDGMENT. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

Clearinghouse
66

NOTICE OF APPEAL by All Plaintiffs re 64 Order on Motion for Leave to File, 65 Judgment. Receipt No: AMIEDC-8854148 - Fee: $ 505 - Fee Status: Fee Paid. (Blake, Jayson) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
67

Certificate of Service re 66 Notice of Appeal. (DPer) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
68

TRANSCRIPT of Motion for Leave to File Second Amended Complaint held on 01/05/2022. (Court Reporter/Transcriber: Linda Cavanagh) (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 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Cavanagh, Linda) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
69

ORDER from U.S. Court of Appeals - Sixth Circuit re 66 Notice of Appeal filed by Marion Sinclair [Appeal Case Number 22-1264] (SKra) (Entered: 05/31/2022)

May 27, 2022

May 27, 2022

Clearinghouse
70

NOTICE of Appearance by William H. Horton on behalf of Andy Meisner, Oakland, County of. (Horton, William) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
71

NOTICE of Appearance by John R. Fleming on behalf of Andy Meisner, Oakland, County of. (Fleming, John) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
72

ORDER from U.S. Court of Appeals - Sixth Circuit re 66 Notice of Appeal filed by Marion Sinclair [Appeal Case Number 22-1264] (TTho) (Entered: 12/29/2022)

Dec. 29, 2022

Dec. 29, 2022

PACER
73

JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 66 Notice of Appeal filed by Marion Sinclair [Appeal Case Number 22-1264] (TTho) (Entered: 12/29/2022)

Dec. 29, 2022

Dec. 29, 2022

PACER
74

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 72 Appeal Order/Opinion/Judgment, 73 Appeal Order/Opinion/Judgment [Appeal Case Number 22-1264] (SKra) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER
75

MOTION to Stay by Andy Meisner, Oakland, County of. (Attachments: # 1 Exhibit A- Tyler v. Hennepin) (Horton, William) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
76

RESPONSE to 75 MOTION to Stay filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1 - Order Denying OC Motion to Stay, # 2 Exhibit Exhibit 2 - Order Denying Petition for En Banc Rehearing) (Blake, Jayson) (Entered: 02/20/2023)

Feb. 20, 2023

Feb. 20, 2023

PACER
77

MOTION for Withdrawal of Attorney Matthew T. Nicols by Lora Brantley-Gilbert, Rita Fulgiam-Hillman, Etoile Libbett, Mitchell Simon, Southfield Neighborhood Revitalization Initiative, LLC, Southfield Non Profit Housing Coporation, Earlene Trayler-Neal. (Couvreur, Joseph) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER

~Util - Terminate Motions AND Text-Only Order

March 1, 2023

March 1, 2023

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Dec. 26, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Black homeowner whose property was seized pursuant to a state law regarding tax delinquency and foreclosure

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Oakland County (Oakland), County

City of Southfield (Southfield, Oakland), City

Southfield Non-Profit Housing Corporation (Southfield, Oakland), Non-profit or advocacy

Southfield Neighborhood Revitalization Initiative, LLC (Southfield, Oakland), Non-profit or advocacy

Habitat for Humanity (- United States (national) -), Non-profit or advocacy

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Takings

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Forfeiture

Housing

Loss or damage to property

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Race discrimination

Race:

Black