Case: Babcock v. State of Michigan

2:22-cv-12951 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 6, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about disability accommodations in government buildings in Michigan. On December 6, 2022, three women filed a disability rights complaint against the state of Michigan alleging that several government buildings are not accessible and in violation of both state and federal law. Plaintiffs relied on disability-accessible, barrier-free buildings and restrooms as a citizen, an attorney, or an activist or advocate. The plaintiffs brought their suit under Title II of the Americans wit…

This is a case about disability accommodations in government buildings in Michigan.

On December 6, 2022, three women filed a disability rights complaint against the state of Michigan alleging that several government buildings are not accessible and in violation of both state and federal law. Plaintiffs relied on disability-accessible, barrier-free buildings and restrooms as a citizen, an attorney, or an activist or advocate. The plaintiffs brought their suit under Title II of the Americans with Disabilities Act of 1990 (ADA), §504 of the Rehabilitation Act of 1973 (Rehabilitation Act), the Michigan Persons With Disabilities Civil Rights Act (PWDCRA), the Michigan Barrier Free Design Act, the Michigan Uniform Construction Code and applicable International Building Codes, the Michigan Sidewalks: Persons With Disabilities Act, and sex discrimination, in violation of the Elliott-Larsen Civil Rights Act (ELCRA). The plaintiffs brought their suit against the State of Michigan, County of Wayne, City of Detroit, Wayne County Building Authority (WCBA), Detroit Building Authority (DBA), Detroit-Wayne Joint Building Authority (DWJBA), and Hines Detroit Services LLC, an organization involved in the redevelopment of two facilities in question.

The plaintiffs requested to certify a class of all injured persons with mobility and incontinence impairments, who have been denied equal access to government facilities and services owned, leased, and operated by the state of Michigan and some of its political subdivisions. The case was assigned to District Judge Mark A. Goldsmith.

One of the plaintiffs voluntarily withdrew from the case for personal reasons on December 27, 2022. The State of Michigan filed a motion to dismiss on March 10, 2023. The motion to dismiss was amended on March 14, 2023, because the original version was over the allowed length. The defendants argued that the plaintiffs’ complaint did not plead sufficiently detailed or specific factual allegations. On April 26, 2023, the court dismissed without prejudice Hines Detroit Services as a defendant after both parties agreed.

The plaintiffs filed an amended complaint on April 28, 2023 which removed Hines as a defendant and provided more detailed information of the allegations. On May 2, 2023, the court denied without prejudice the defendant’s motion to dismiss the case as moot because of the plaintiffs’ amended complaint.

On June 2, 2023, defendant DWJBA filed a motion to dismiss the amended complaint. DWJBA argued that the amended complaint had inaccurate and insufficient allegations to establish a claim under the Rehabilitation Act of 1973, failed to establish standings, and that the claims are barred by the statute of limitations.

The same day, defendants Wayne County Building Authority and the County of Wayne (Wayne County defendants) filed a motion to dismiss the amended complaint.

On June 6, 2023, the City filed a motion to dismiss the plaintiffs’ first amended complaint. That same day, DBA filed an amended motion to dismiss the plaintiffs’ first amended complaint. On June 23, 2023, the plaintiffs filed a second amended complaint demanding a jury trial. On June 26, 2023, the case was reassigned from District Judge Mark A. Goldsmith to District Judge Jonathan J.C. Grey.

On July 6, 2023, DWJBA and the State of Michigan filed motions to dismiss the second amended complaint. On July 10, 2023, the parties agreed to stipulate to the dismissal of Wayne County Building Authority. The next day, the Detroit Building Authority was also dismissed. On July 10, 2023, the court issued an order denying without prejudice the motion to dismiss since the plaintiffs had filed a second amended complaint. On July 14, 2023, the City of Detroit and the County of Wayne both filed motions to dismiss the plaintiffs’ second amended complaint.

On March 30, 2024, the court granted in part and denied in part the defendants’ motions to dismiss. The court found that the plaintiffs showed they intended to continue accessing the buildings and structures in question and thus had standing. The plaintiffs’ request for punitive damages was dismissed. While the court found that some of the allegations were vague, enough were specific for the case to proceed. Under the ADA, the court found that the plaintiffs’ claims regarding facilities in Washtenaw County, Livingston County, Ingham County; claims asserted by one of the plaintiffs, and claims regarding visually impaired persons failed to state a valid claim. Further, the court dismissed the claim under the Rehabilitation Act because it failed to show a relevant program or activity that was receiving federal financial assistance.

The order dismissed all of the plaintiffs’ claims except for the ADA and PWDCRA claims. It also dismissed allegations regarding all state-owned buildings, except for the State’s liability for local court facilities.

On April 15, 2023, the County, City, and State answered the second amended complaint with affirmative defenses. The State argued that if determined to be liable, the plaintiffs’ claims may be barred in whole or in part because the requested actions would constitute an undue financial burden and administrative burden upon the defendant. On April 29, 2023, DWJBA filed its answer to the second amended complaint.

On May 28, 2023, Magistrate Judge Elizabeth A. Stafford was recused from the case and Magistrate Judge Anthony P. Patti was assigned.

On July 1, 2023, the plaintiffs filed a motion to supplement their second amended complaint. They provided information specifically describing plaintiff Jacobson’s representation of clients and potential clients in the CAYMC. On July 15, 2023, the defendants responded in opposition to the motion to supplement due to unduly delay.

The plaintiffs submitted their reply to the response on July 22, 2023. They argued that the claims fall within the three-year statute of limitations and if the court ruled against their motion they would submit a new complaint.

On October 4, 2024, the State of Michigan filed a motion to dismiss arguing that the plaintiffs lack standing based on the claims remaining after the March 20, 2023, court decision.

On October 23, 2024, the court denied the plaintiffs’ motion to supplement the second amended complaint because the alleged events occurred nearly a year after the initial complaint. The court cited a case supporting the argument that plaintiffs who lack standing from the start of a case cannot reply on factual changes during the suit to support the case.

On October 24, 2024, the State filed a motion for permission to be exempt from participation in a settlement conference arguing that it didn’t own the facilities in questions and it didn’t have the authority to renovate the facilities. This request was denied by the court on November 5, 2024.

On November 8, 2024, the plaintiffs filed their response to the October 4, 2024, motion to dismiss. The argued that the State cannot avoid its liability due to funding or ownership assertions. On November 15, 2024, a settlement conference was held, but no settlement was reached.

The State filed its reply to the plaintiffs. response regarding the motion to dismiss on November 19, 2024, arguing that it is not liable for local courthouse facilities and that it is not obligated to join the other defendants. As of January 2025, this case is ongoing.

show full summary

Summary Authors

Charles Clark (3/8/2023)

Renuka Wagh (10/27/2023)

Cara Claflin (1/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66614542/parties/babcock-v-michigan-state-of/

Judge(s)

Attorney for Plaintiff

Abdnour, Elizabeth Kamm (Michigan)

Bartnik, Michael W. (Michigan)

Attorney for Defendant

Almonrode, Sharon S. (Michigan)

Baldwin, Angela L. (Michigan)

Bierlein, Kyle (Michigan)

Judge(s)

Goldsmith, Mark Allan (Michigan)

Attorney for Plaintiff

Abdnour, Elizabeth Kamm (Michigan)

Bartnik, Michael W. (Michigan)

Stromski, Renee Allison (Michigan)

Attorney for Defendant

Almonrode, Sharon S. (Michigan)

Baldwin, Angela L. (Michigan)

Bierlein, Kyle (Michigan)

Coschino, Kimberly M (Michigan)

Drysdale-Crown, Cassandra A. (Michigan)

Garcia, Lawrence T. (Michigan)

Halfon, Jesse (Michigan)

Hollander, Frances J. (Michigan)

Hollowell, Melvin B. (Michigan)

Hunt, Monica N. (Michigan)

Jernigan, James M. (Michigan)

Jilek, Erica Lynn (Michigan)

Longworth, Gregory N. (Michigan)

Magy, Paul (Michigan)

Miller, E. Powell (Michigan)

Noseda, James D. (Michigan)

Pendrick, Kimberly (Michigan)

Quigley, Erica Lynn (Michigan)

Raimi, Charles N. (Michigan)

Richelew, Marla Linderman (Michigan)

Warren, Richard W. (Michigan)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 2:22-cv-12951	Class Action Civil Case and Disability Rights Complaint for Injunctive and Other Relief	Dec. 6, 2022	Dec. 6, 2022 Complaint
1 2:22-cv-12951	Class Action Civil Case and Disability Rights Complaint for Injunctive and Other Relief	Dec. 6, 2022	Dec. 6, 2022 Complaint
79 2:22-cv-12951	Second Amended Class Action Civil and Disability Rights Complaint for Injunctive and Other Relief	June 23, 2023	June 23, 2023 Complaint
98 2:22-cv-12951	Defendant State of Michigan’s Reply in Support of Its Motion to Dismiss	Sept. 29, 2023	Sept. 29, 2023 Pleading / Motion / Brief

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66614542/babcock-v-michigan-state-of/

Last updated Aug. 10, 2025, 4:15 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9153321 - Fee: $ 402. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit) (Bartnik, Michael) (Entered: 12/06/2022) 1 Index of Exhibits View on PACER 2 Exhibit View on PACER 3 Exhibit View on RECAP	Dec. 6, 2022	Dec. 6, 2022 Clearinghouse
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	Dec. 6, 2022	Dec. 6, 2022 PACER
2	SUMMONS Issued for * All Defendants * (SKra) (Entered: 12/06/2022)	Dec. 6, 2022	Dec. 6, 2022 PACER
	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 (SKra)	Dec. 6, 2022	Dec. 6, 2022 PACER
	REQUEST for SUMMONS for All Plaintiffs. (Bartnik, Michael)	Dec. 9, 2022	Dec. 9, 2022 PACER
	REQUEST for SUMMONS for All Defendants. (Bartnik, Michael)	Dec. 9, 2022	Dec. 9, 2022 PACER
	Request for Additional Summons	Dec. 9, 2022	Dec. 9, 2022 PACER
3	SUMMONS Issued for * All Defendants * (LGra) (Entered: 12/12/2022)	Dec. 12, 2022	Dec. 12, 2022 RECAP
4	ORDER Regarding Filings. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 12/13/2022)	Dec. 13, 2022	Dec. 13, 2022 RECAP
5	NOTICE by Jaime Junior of Withdrawal of Claim Jaime Junior's ONLY Statement of Voluntary Withdrawal Without Prejudice From This Case. (Bartnik, Michael) (Entered: 12/27/2022)	Dec. 27, 2022	Dec. 27, 2022 RECAP
6	ORDER of Dismissal as to Jaime Junior. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 12/29/2022)	Dec. 29, 2022	Dec. 29, 2022 RECAP
7	ATTORNEY APPEARANCE: Charles N. Raimi appearing on behalf of Detroit, City of (Raimi, Charles) (Entered: 02/16/2023)	Feb. 16, 2023	Feb. 16, 2023 RECAP
8	NOTICE of Appearance by Jesse Halfon on behalf of Detroit, City of. (Halfon, Jesse) (Entered: 02/17/2023)	Feb. 17, 2023	Feb. 17, 2023 RECAP
9	NOTICE of Appearance by Monica N. Hunt on behalf of Detroit Building Authority. (Hunt, Monica) (Entered: 02/27/2023)	Feb. 27, 2023	Feb. 27, 2023 RECAP
10	CERTIFICATE of Service/Summons Returned Executed. Michigan, State of served on 1/27/2023, answer due 2/17/2023. (Bartnik, Michael) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
11	CERTIFICATE of Service/Summons Returned Executed. Wayne, County of served on 1/20/2023, answer due 2/10/2023. (Bartnik, Michael) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
12	CERTIFICATE of Service/Summons Returned Executed. Detroit, City of served on 1/20/2023, answer due 2/10/2023. (Bartnik, Michael) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
13	CERTIFICATE of Service/Summons Returned Executed. Wayne County Building Authority served on 1/20/2023, answer due 2/10/2023. (Bartnik, Michael) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
14	CERTIFICATE of Service/Summons Returned Executed. Detroit Building Authority served on 1/20/2023, answer due 2/10/2023. (Bartnik, Michael) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
15	CERTIFICATE of Service/Summons Returned Executed. Detroit-Wayne Joint Building Authority served on 1/20/2023, answer due 2/10/2023. (Bartnik, Michael) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
16	CERTIFICATE of Service/Summons Returned Executed. Hines Company served on 1/27/2023, answer due 2/17/2023. (Bartnik, Michael) (Entered: 03/01/2023)	March 1, 2023	March 1, 2023 RECAP
	Text-Only Order	March 2, 2023	March 2, 2023 PACER
	TEXT-ONLY ORDER: The time for all Defendants to respond to the Complaint is extended to March 10, 2023. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (KSan)	March 2, 2023	March 2, 2023 PACER
17	NOTICE of Appearance by Kimberly Pendrick on behalf of Michigan, State of. (Pendrick, Kimberly) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
18	NOTICE of Appearance by Cassandra A. Drysdale-Crown on behalf of Michigan, State of. (Drysdale-Crown, Cassandra) (Entered: 03/03/2023)	March 3, 2023	March 3, 2023 PACER
19	NOTICE of Appearance by Paul Magy on behalf of Detroit-Wayne Joint Building Authority, Hines Company. (Magy, Paul) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 RECAP
20	NOTICE of Appearance by Gregory N. Longworth on behalf of Detroit-Wayne Joint Building Authority, Hines Company. (Longworth, Gregory) (Entered: 03/09/2023)	March 9, 2023	March 9, 2023 PACER
21	NOTICE of Appearance by James M. Jernigan on behalf of Wayne County Building Authority and Wayne, County of (Jernigan, James) [PER ATTORNEY CALL, ALSO REPRESENTING WAYNE, COUNTY OF] (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 RECAP
26	MOTION to Dismiss by Michigan, State of. (Drysdale-Crown, Cassandra) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
22	ANSWER to Complaint with Affirmative Defenses with Jury Demand Wayne County Defendants' Answer To Class Action Civil And Disability Rights Complaint For Injunctive And Other Relief and Affirmative Defenses by Detroit-Wayne Joint Building Authority. (Jernigan, James) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 RECAP
23	ANSWER to Complaint with Affirmative Defenses by Defendant City of Detroit by Detroit, City of. (Halfon, Jesse) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
24	ANSWER to Complaint with Affirmative Defenses by Detroit-Wayne Joint Building Authority. (Magy, Paul) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
25	ANSWER to Complaint with Affirmative Defenses by Hines Company. (Magy, Paul) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
27	ANSWER to Complaint with Affirmative Defenses by Detroit Building Authority. (Hunt, Monica) (Entered: 03/10/2023)	March 10, 2023	March 10, 2023 PACER
28	ORDER STRIKING DOCUMENT (Dkt. 26). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 03/13/2023)	March 13, 2023	March 13, 2023 RECAP
29	Amended MOTION to Dismiss by Michigan, State of. (Drysdale-Crown, Cassandra) (Entered: 03/14/2023)	March 14, 2023	March 14, 2023 RECAP
30	ORDER Regarding Telephonic Scheduling Conference ( TELEPHONIC Scheduling Conference set for 3/30/2023 04:30 PM before District Judge Mark A. Goldsmith). Plaintiffs counsel shall initiate the call, and then include the Court by calling (313) 234-5240 when all parties are on the line. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 03/15/2023)	March 15, 2023	March 15, 2023 RECAP
31	ORDER Regarding Motion to Dismiss (Dkt. 29 ). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 03/16/2023)	March 16, 2023	March 16, 2023 RECAP
32	DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Bartnik, Michael) (Entered: 03/23/2023)	March 23, 2023	March 23, 2023 RECAP
33	STIPULATED ORDER Extending Time to File Plaintiffs' First Amended Complaint as of Right. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 03/24/2023)	March 24, 2023	March 24, 2023 RECAP
	Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Scheduling Conference held on 3/30/2023 (Court Reporter: None Present, Not on the Record) (KSan)	March 30, 2023	March 30, 2023 PACER
34	NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/17/2023 03:30 PM before District Judge Mark A. Goldsmith. Plaintiff's counsel shall initiate the call and then include the Court when all parties are available by calling 313/234-5240 (KSan) (Entered: 04/03/2023)	April 3, 2023	April 3, 2023 PACER
	Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 4/17/2023. (Court Reporter: None Present, Not on the Record) (HRya)	April 17, 2023	April 17, 2023 PACER
35	ATTORNEY APPEARANCE: Elizabeth Kamm Abdnour appearing on behalf of All Plaintiffs (Abdnour, Elizabeth) (Entered: 04/18/2023)	April 18, 2023	April 18, 2023 RECAP
36	ORDER Following Status Conference. Signed by District Judge Mark A. Goldsmith. (HRya)	April 19, 2023	April 19, 2023 RECAP
37	NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 5/4/2023 at 9:30 AM before District Judge Mark A. Goldsmith. (HRya) (Entered: 04/19/2023)	April 19, 2023	April 19, 2023 RECAP
38	STIPULATED ORDER Extending Time for Defendants to Respond to Plaintiffs' First Amended Complaint. Response due by 5/19/2023. Signed by District Judge Mark A. Goldsmith. (HRya) (Entered: 04/21/2023)	April 21, 2023	April 21, 2023 RECAP
39	STIPULATED ORDER Dismissing Hines (Including Hines Detroit Services LLC) Without Prejudice. Signed by District Judge Mark A. Goldsmith. (HRya) (Entered: 04/26/2023)	April 26, 2023	April 26, 2023 RECAP
40	ORDER Appointing Facilitator. Signed by District Judge Mark A. Goldsmith. (HRya)	April 28, 2023	April 28, 2023 RECAP
41	AMENDED COMPLAINT with Jury Demand filed by Ashley Jacobson, Jill Babcock, Marguerite Maddox against Detroit Building Authority, Detroit, City of, Detroit-Wayne Joint Building Authority, Michigan, State of, Wayne County Building Authority, Wayne, County of. NEW PARTIES ADDED. (Abdnour, Elizabeth) (Entered: 04/28/2023)	April 28, 2023	April 28, 2023 RECAP
42	NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference RESET for 5/15/2023 at 11:00 AM before District Judge Mark A. Goldsmith. PLEASE USE THE LINK PREVIOUSLY PROVIDED TO JOIN THE CONFERENCE (HRya) (Entered: 05/01/2023)	May 1, 2023	May 1, 2023 RECAP
43	ORDER Denying Without Prejudice Defendant's 29 Motion to Dismiss as Moot. Signed by District Judge Mark A. Goldsmith. (HRya)	May 2, 2023	May 2, 2023 RECAP
44	STATEMENT of Resolved and Unresolved Issues JOINT STATEMENT SUMMARY OF INITIAL RESULTS by Counsel For All Parties, as required by Order Following Status Conference ECF No. 36, being filed on behalf of all parties by Counsel for Plaintiffs by All Plaintiffs (Bartnik, Michael) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
45	NOTICE of Appearance by Angela L. Baldwin on behalf of Wayne, County of. (Baldwin, Angela) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
46	NOTICE of Appearance by Melvin B. Hollowell on behalf of Wayne, County of. (Hollowell, Melvin) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
47	NOTICE of Appearance by E. Powell Miller on behalf of Wayne, County of. (Miller, E.) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
48	NOTICE of Appearance by Sharon S. Almonrode on behalf of Wayne, County of. (Almonrode, Sharon) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
49	NOTICE of Appearance by Sharon S. Almonrode on behalf of Wayne County Building Authority, Wayne, County of. (Almonrode, Sharon) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
50	NOTICE of Appearance by E. Powell Miller on behalf of Wayne County Building Authority, Wayne, County of. (Miller, E.) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
51	NOTICE of Appearance by Melvin B. Hollowell on behalf of Wayne County Building Authority, Wayne, County of. (Hollowell, Melvin) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
52	NOTICE of Appearance by Angela L. Baldwin on behalf of Wayne County Building Authority, Wayne, County of. (Baldwin, Angela) (Entered: 05/03/2023)	May 3, 2023	May 3, 2023 RECAP
	Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 5/15/2023 (Court Reporter: None Present, Not on the Record) (KSan)	May 15, 2023	May 15, 2023 PACER
53	STIPULATION AND ORDER Extending Time to Respond to First Amended Complaint. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 05/16/2023)	May 16, 2023	May 16, 2023 RECAP
54	CASE MANAGEMENT AND SCHEDULING ORDER: ADR Telephonic Status Conference set for 12/13/2023 04:30 PM before District Judge Mark A. Goldsmith, Fact Discovery due by 2/2/2024, Expert Discovery due by 2/16/2024, Dispositive Motion Cut-off set for 3/1/2024, Final Settlement Conference set for 7/8/2024 01:30 PM before District Judge Mark A. Goldsmith and Final Pretrial Conference set for 7/29/2024 01:30 PM before District Judge Mark A. Goldsmith and Jury Trial set for 8/12/2024 08:30 AM before District Judge Mark A. Goldsmith. Signed by District Judge Mark A. Goldsmith. (Refer to image for additional dates) (KSan) (Entered: 05/22/2023)	May 22, 2023	May 22, 2023 RECAP
55	ANSWER to Amended Complaint with Affirmative Defenses by Detroit, City of. (Halfon, Jesse) (Entered: 05/31/2023)	May 31, 2023	May 31, 2023 RECAP
56	NOTICE of Appearance by Richard W. Warren on behalf of Detroit, City of. (Warren, Richard) (Entered: 05/31/2023)	May 31, 2023	May 31, 2023 RECAP
57	NOTICE of Appearance by Kimberly M Coschino on behalf of Detroit, City of. (Coschino, Kimberly) (Entered: 05/31/2023)	May 31, 2023	May 31, 2023 RECAP
58	[STRICKEN] STIPULATION and Order Withdrawing Answer to Amended Complaint by Detroit, City of (Halfon, Jesse) Modified on 6/2/2023 (KSan). (Entered: 06/01/2023)	June 1, 2023	June 1, 2023 RECAP
59	ORDER STRIKING STIPULATION (Dkt. 58). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 06/02/2023)	June 2, 2023	June 2, 2023 RECAP
60	MOTION to Dismiss Amended Complaint by Detroit-Wayne Joint Building Authority. (Attachments: # 1 Exhibit A) (Magy, Paul) (Entered: 06/02/2023) 1 Exhibit A View on RECAP	June 2, 2023	June 2, 2023 RECAP
61	[STRICKEN] MOTION to Dismiss by Michigan, State of. (Drysdale-Crown, Cassandra) Modified on 6/6/2023 (KSan). (Entered: 06/02/2023)	June 2, 2023	June 2, 2023 RECAP
62	[STRICKEN] MOTION for Leave to File Excess Pages by Michigan, State of. (Drysdale-Crown, Cassandra) Modified on 6/6/2023 (KSan). (Entered: 06/02/2023)	June 2, 2023	June 2, 2023 RECAP
63	[STRIKEN] MOTION to Dismiss Plaintiff's First Amended Complaint by Detroit, City of. (Warren, Richard) Modified on 6/6/2023 (KSan). (Entered: 06/02/2023)	June 2, 2023	June 2, 2023 RECAP
64	MOTION to Dismiss First Amended Complaint by Wayne County Building Authority, Wayne, County of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- About Wayne County, Michigan, # 3 Exhibit 2- Michigan SP Greektown Historic District, # 4 Exhibit 3- Cost of construction materials remains 37% higher than pre pandemic according to latest ABC analysis, Archinect News (February 21,) (Hollowell, Melvin) (Entered: 06/02/2023) 1 Index of Exhibits View on RECAP 2 Exhibit 1- About Wayne County, Michigan View on RECAP 3 Exhibit 2- Michigan SP Greektown Historic District View on RECAP 4 Exhibit 3- Cost of construction materials remains 37% higher than pre pande View on RECAP	June 2, 2023	June 2, 2023 RECAP
65	[STRICKEN] MOTION Requesting Judicial Notice as to information about certain buildings in support of Defendants County of Wayne and Wayne County Building Authority's Motion to Dismiss re 64 MOTION to Dismiss First Amended Complaint by Wayne County Building Authority, Wayne, County of. (Baldwin, Angela) Modified on 6/6/2023 (KSan). (Entered: 06/02/2023)	June 2, 2023	June 2, 2023 RECAP
66	[STRICKEN] MOTION to Dismiss by Detroit Building Authority. (Hunt, Monica) Modified on 6/6/2023 (KSan). (Entered: 06/02/2023)	June 2, 2023	June 2, 2023 RECAP
67	STIPULATION AND ORDER Withdrawing Answer to Amended Complaint. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 06/05/2023)	June 5, 2023	June 5, 2023 RECAP
68	NOTICE of Change of Address/Contact Information by Elizabeth Kamm Abdnour on behalf of All Plaintiffs. (Abdnour, Elizabeth) (Entered: 06/06/2023)	June 6, 2023	June 6, 2023 RECAP
69	ORDER STRIKING DOCUMENTS (Dkts. 61,62,63,65,66). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 06/06/2023)	June 6, 2023	June 6, 2023 RECAP
70	Amended MOTION to Dismiss Plaintiff's First Amended Complaint by Detroit, City of. (Warren, Richard) (Entered: 06/06/2023)	June 6, 2023	June 6, 2023 RECAP
71	MOTION to Dismiss First Amended Complaint by Detroit Building Authority. (Hunt, Monica) (Entered: 06/06/2023)	June 6, 2023	June 6, 2023 RECAP
72	MOTION to Dismiss by Michigan, State of. (Drysdale-Crown, Cassandra) (Entered: 06/07/2023)	June 7, 2023	June 7, 2023 RECAP
73	MOTION for Leave to File Excess Pages by Michigan, State of. (Drysdale-Crown, Cassandra) (Entered: 06/07/2023)	June 7, 2023	June 7, 2023 RECAP
74	MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Dismiss First Amended Complaint, 71 MOTION to Dismiss First Amended Complaint, 70 Amended MOTION to Dismiss Plaintiff's First Amended Complaint, 72 MOTION to Dismiss, 60 MOTION to Dismiss Amended Complaint by All Plaintiffs. (Bartnik, Michael) (Entered: 06/08/2023)	June 8, 2023	June 8, 2023 RECAP
75	ORDER granting 73 Motion for Leave to File Excess Pages. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 06/08/2023)	June 8, 2023	June 8, 2023 RECAP
76	Amended MOTION Requesting Judicial Notice In Support Of Defendants Motion To Dismiss Plaintiffs Amended Complaint by Wayne County Building Authority, Wayne, County of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Baldwin, Angela) (Entered: 06/08/2023) 1 Index of Exhibits View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP	June 8, 2023	June 8, 2023 RECAP
77	ORDER Granting Plaintiffs' Motion for Extension (Dkt. 74 ) and Authorizing Plaintiffs' to File Amended Complaint. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 06/09/2023)	June 9, 2023	June 9, 2023 RECAP
	Error	June 9, 2023	June 9, 2023 PACER
78	[STRICKEN - DISCOVERY] CERTIFICATE OF SERVICE by Michigan, State of for Initial Disclosures (Drysdale-Crown, Cassandra) Modified on 6/9/2023 (DPer). (Entered: 06/09/2023)	June 9, 2023	June 9, 2023 RECAP
	NOTICE of error directed to Cassandra A. Drysdale-Crown re 78 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DPer)	June 9, 2023	June 9, 2023 PACER
79	AMENDED COMPLAINT with Jury Demand SECOND filed by Marguerite Maddox, Ashley Jacobson, Jill Babcock against Detroit, City of, Detroit-Wayne Joint Building Authority, Michigan, State of, Wayne, County of. NO NEW PARTIES ADDED. (Abdnour, Elizabeth) (Entered: 06/23/2023)	June 23, 2023	June 23, 2023 Clearinghouse
	Text-Only Order of reassignment from District Judge Mark A. Goldsmith to District Judge Jonathan J.C. Grey pursuant to Administrative Order 23-AO-022. Except in cases previously referred to a magistrate judge, existing scheduling orders and motion hearing dates are suspended. Status conferences will be scheduled in the near future for general civil cases. Cases referred to a magistrate judge will keep all previously scheduled dates. (SSch)	June 26, 2023	June 26, 2023 PACER
	Text-Only Reassignment	June 26, 2023	June 26, 2023 PACER
80	MOTION to Dismiss Second Amended Complaint by Detroit-Wayne Joint Building Authority. (Attachments: # 1 Exhibit 1 - Babcock LinkedIn) (Magy, Paul) (Entered: 07/06/2023) 1 Exhibit 1 - Babcock LinkedIn View on RECAP	July 6, 2023	July 6, 2023 RECAP
81	STIPULATED ORDER Extending Time for Defendants City of Detroit and County of Wayne to Respond to Plaintiffs' Second Amended Complaint, ( Response due by 7/14/2023). Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 07/06/2023)	July 6, 2023	July 6, 2023 RECAP
82	MOTION to Dismiss Plaintiff's Second Amended Complaint by Michigan, State of. (Drysdale-Crown, Cassandra) (Entered: 07/06/2023)	July 6, 2023	July 6, 2023 RECAP
83	MOTION for Leave to File Excess Pages by Michigan, State of. (Drysdale-Crown, Cassandra) (Entered: 07/06/2023)	July 6, 2023	July 6, 2023 RECAP
84	STIPULATION AND ORDER Dismissing Wayne County Building Authority Without Prejudice. Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 07/10/2023)	July 10, 2023	July 10, 2023 RECAP
85	ORDER Denying Without Prejudice Motions to Dismiss and Related Motions [ 60, 64, 70, 71, 72, 76 ] and Order Granting State of Michigan's Motion for Leave to File Excess Pages [ECF No. 83 ]. Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 07/10/2023)	July 10, 2023	July 10, 2023 RECAP
86	STIPULATED ORDER Dismissing Detroit Building Authority From Case Number 22-CV-12951 Without Prejudice. Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 07/11/2023)	July 11, 2023	July 11, 2023 RECAP

show / hide docket entries

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 6, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All injured persons with mobility and incontinence impairments, who have been denied equal access to government facilities and services owned, leased, and operated by the state of Michigan and some of its political subdivisions.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Michigan, State

Wayne County (Wayne), County

City of Detroit (Detroit), City

Defendant Type(s):

Jurisdiction-wide