Case: Howard v. Detroit

2:20-cv-10382 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 13, 2020

Closed Date: March 12, 2021

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) This case concerns a severe tax foreclosure crisis in Detroit that disproportionately affected Black homeowners. Even though taxes in Michigan must be based on the true cash value of a home, the City of Detroit did not reduce the tax assessment following the drop in property prices after the Great Recession. In July 2022, the U.S. Court of Appeals for the Sixth Circuit agreed with plaintiffs that the state's process for addressing the retroactive tax assessment process was so convoluted and dysfunctional that homeowners could seek relief in federal court. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16840633/parties/howard-v-detroit/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Attorney for Plaintiff

Fakhouri, Rami Naji (Michigan)

Farrington, Elizabeth Burnett (Michigan)

Heenan, Cynthia (Michigan)

Attorney for Defendant

Berry, James G. (Michigan)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16840633/howard-v-detroit/

Last updated Aug. 9, 2025, 10:48 p.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: 0645-7600990 - Fee: $ 400. County of 1st Plaintiff: Wayne County - County Where Action Arose: Wayne County - County of 1st Defendant: Wayne County. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit 1 - Sample of 2017 Tax Assessment) (Fakhouri, Rami) (Entered: 02/13/2020)

1 Exhibit 1 - Sample of 2017 Tax Assessment

View on PACER

Feb. 13, 2020

Feb. 13, 2020

RECAP
2

NOTICE of Appearance by Cynthia Heenan on behalf of All Plaintiffs. (Heenan, Cynthia) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
3

NOTICE of Appearance by Elizabeth Burnett Farrington on behalf of All Plaintiffs. (Farrington, Elizabeth) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Feb. 14, 2020

Feb. 14, 2020

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 (LGra)

Feb. 14, 2020

Feb. 14, 2020

PACER
4

SUMMONS Issued for * All Defendants * (LGra) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
5

NOTICE of Appearance by Samuel Schoenburg on behalf of All Plaintiffs. (Schoenburg, Samuel) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Alvin Horhn served on 3/9/2020, answer due 3/30/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Assessor, Office of Detroit, City of served on 3/9/2020, answer due 3/30/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
8

CERTIFICATE of Service/Summons Returned Executed. City of Detroit served on 3/9/2020, answer due 3/30/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
9

CERTIFICATE of Service/Summons Returned Executed. Michael Duggan served on 3/9/2020, answer due 3/30/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
10

CERTIFICATE of Service/Summons Returned Executed. Office of CFO Detroit, City of served on 3/11/2020, answer due 4/1/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
11

CERTIFICATE of Service/Summons Returned Executed. David Buick served on 3/6/2020, answer due 3/27/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
12

CERTIFICATE of Service/Summons Returned Executed. Leonard Kutschman served on 3/6/2020, answer due 3/27/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
13

CERTIFICATE of Service/Summons Returned Executed. W. Howard Morris served on 3/6/2020, answer due 3/27/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
14

CERTIFICATE of Service/Summons Returned Executed. Wayne County served on 3/10/2020, answer due 3/31/2020. (Fakhouri, Rami) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
15

MOTION to Dismiss by City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Noseda, James) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

RECAP
16

SUPPLEMENTAL BRIEF re 15 MOTION to Dismiss Exhibit G, unpublished opinion, Wise v City of Holland, Dkt 327450, Michigan Court of Appeals (May 12, 2016) filed by City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan. (Noseda, James) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
17

ATTORNEY APPEARANCE: Charles N. Raimi appearing on behalf of City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan, Alvin Horhn (Raimi, Charles) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
18

ATTORNEY APPEARANCE: Matthew B. Hodges appearing on behalf of David Buick, Leonard Kutschman, W. Howard Morris, Buick (Hodges, Matthew) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
19

ATTORNEY APPEARANCE: Michael S. Hill appearing on behalf of David Buick, Leonard Kutschman, W. Howard Morris (Hill, Michael) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
20

STIPULATION AND ORDER (Responsive Pleading due by 4/24/2020) - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
21

NOTICE OF HEARING on 15 MOTION to Dismiss. Motion Hearing set for 5/27/2020 @ 2:00 PM before District Judge Nancy G. Edmunds (LBar) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
22

MOTION to Dismiss DEFENDANT WAYNE COUNTY'S MOTION TO DISMISS by Wayne County. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B, # 3 Exhibit EXHIBIT C, # 4 Exhibit EXHIBIT D, # 5 Exhibit EXHIBIT E, # 6 Exhibit EXHIBIT F, # 7 Exhibit EXHIBIT G) (Berry, James) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
23

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss, 22 MOTION to Dismiss DEFENDANT WAYNE COUNTY'S MOTION TO DISMISS by All Plaintiffs. (Fakhouri, Rami) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

April 6, 2020

April 6, 2020

PACER

TEXT-ONLY ORDER Granting 23 Motion for Extension of Time: Deadline for any responsive pleading 4/24/2020; Deadline for plaintiff to file one omnibus brief in response to all Rule 12 Motions by 5/15/2020; and Deadline for Defendant to file replies in support of all Rule 12 Motions by June 5, 2020 - Signed by District Judge Nancy G. Edmunds. (LBar)

April 6, 2020

April 6, 2020

PACER
24

NOTICE OF HEARING on 22 MOTION to Dismiss Defendant Wayne County's Motion to Dismiss, and 15 MOTION to Dismiss. Motion Hearings set for 7/1/2020 @ 2:00 PM before District Judge Nancy G. Edmunds (LBar) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
25

MOTION to Dismiss by David Buick, Leonard Kutschman, W. Howard Morris. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Hodges, Matthew) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
26

NOTICE OF HEARING on 25 MOTION to Dismiss. Motion Hearing set for 7/1/2020 @ 2:00 AM before District Judge Nancy G. Edmunds (LBar) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Text-Only Order

May 14, 2020

May 14, 2020

PACER
27

Ex Parte MOTION for Leave to File Excess Pages of Brief in Support of Plaintiffs' Response in Opposition to Defendants' Motions to Dismiss (Unopposed) by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Brief) (Fakhouri, Rami) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

TEXT-ONLY ORDER Granting 27 Ex Parte MOTION for Leave to File Excess Pages of Brief in Support of Plaintiffs' Response in Opposition to Defendants' Motions to Dismiss - Signed by District Judge Nancy G. Edmunds. (LBar)

May 14, 2020

May 14, 2020

PACER
28

RESPONSE to 25 MOTION to Dismiss, 15 MOTION to Dismiss, 22 MOTION to Dismiss DEFENDANT WAYNE COUNTY'S MOTION TO DISMISS filed by All Plaintiffs. (Fakhouri, Rami) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
29

REPLY to Response re 15 MOTION to Dismiss filed by City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan. (Noseda, James) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
30

NOTICE of Appearance by James M. Jernigan on behalf of Wayne County. (Jernigan, James) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
31

REPLY to Response re 22 MOTION to Dismiss DEFENDANT WAYNE COUNTY'S MOTION TO DISMISS DEFENDANT WAYNE COUNTYS REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS filed by Wayne County. (Attachments: # 1 Exhibit Order 5/7/2020, # 2 Exhibit statutory interest rates) (Berry, James) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
32

REPLY to Response re 25 MOTION to Dismiss filed by David Buick, Leonard Kutschman, W. Howard Morris. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Hodges, Matthew) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER

TEXT-ONLY NOTICE: Motion Hearings set for on July 1, 2020 @ 2:00 pm are Cancelled re 15, 25, and 22 MOTIONS to Dismiss (LBar)

June 18, 2020

June 18, 2020

PACER

Text-Only Notice of Hearing Cancelled

June 18, 2020

June 18, 2020

PACER

TEXT-ONLY NOTICE: Motion Hearings re 15, 22, 25 Motions to Dismiss set for July 1, 2020 @ 2:00 pm are Cancelled. Pursuant to Eastern District of Michigan Local Rule 7.1(f)(2), Motions will be decided on the briefs and without oral argument. (LBar)

June 18, 2020

June 18, 2020

PACER
33

OPINION and ORDER Granting 25 , 15 , MOTION to Dismiss, and 22 MOTIONS to Dismiss - Signed by District Judge Nancy G. Edmunds. (LBar)

March 12, 2021

March 12, 2021

RECAP
34

JUDGMENT - Signed by District Judge Nancy G. Edmunds. (LBar)

March 12, 2021

March 12, 2021

RECAP
35

NOTICE OF APPEAL by All Plaintiffs re 33 Memorandum Opinion & Order, 34 Judgment. Receipt No: AMIEDC-8386381 - Fee: $ 505 - Fee Status: Fee Paid. (Fakhouri, Rami) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

RECAP
36

Certificate of Service re 35 Notice of Appeal. (DAll) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

RECAP
37

Appeal Order/Opinion/Judgment

July 11, 2022

July 11, 2022

PACER

Reopening Case

Aug. 25, 2022

Aug. 25, 2022

PACER
38

Appeal Mandate

Aug. 25, 2022

Aug. 25, 2022

PACER
39

~Util - Add and Terminate Attorneys AND Stipulation and Order

Sept. 6, 2022

Sept. 6, 2022

PACER

~Util - Set Deadlines/Hearings AND Text-Only Order

Oct. 3, 2022

Oct. 3, 2022

PACER
40

Answer to Complaint

Oct. 18, 2022

Oct. 18, 2022

PACER
41

Motion - Free

Oct. 18, 2022

Oct. 18, 2022

PACER
42

Dismiss

Oct. 18, 2022

Oct. 18, 2022

PACER
43

Determination of Motion Without Oral Argument*

Oct. 19, 2022

Oct. 19, 2022

PACER
44

Appear*

Oct. 20, 2022

Oct. 20, 2022

PACER
45

Response to Motion

Nov. 8, 2022

Nov. 8, 2022

PACER
46

Response to Motion

Nov. 8, 2022

Nov. 8, 2022

PACER
48

Stipulation and Order

Nov. 14, 2022

Nov. 14, 2022

PACER

Text-Only Notice of Hearing Cancelled

Nov. 14, 2022

Nov. 14, 2022

PACER
49

Stipulation and Order

Nov. 18, 2022

Nov. 18, 2022

PACER
50

~Util - Add and Terminate Attorneys AND Stipulation and Order

Nov. 23, 2022

Nov. 23, 2022

PACER
51

Stipulation and Order

Nov. 30, 2022

Nov. 30, 2022

PACER
52

Answer to Complaint

Nov. 30, 2022

Nov. 30, 2022

PACER
53

Scheduling Order

Dec. 1, 2022

Dec. 1, 2022

PACER
54

Reply to Response to Motion

Dec. 20, 2022

Dec. 20, 2022

PACER
55

Response to Motion

Dec. 20, 2022

Dec. 20, 2022

PACER
56

Reply to Response to Motion

Dec. 20, 2022

Dec. 20, 2022

PACER
57

Withdrawal of Attorney

Jan. 20, 2023

Jan. 20, 2023

PACER
58

Appearance

Jan. 20, 2023

Jan. 20, 2023

PACER
59

Compel

Jan. 26, 2023

Jan. 26, 2023

PACER
60

Referring Motion to Magistrate Judge*

Jan. 26, 2023

Jan. 26, 2023

PACER
61

Motion - Free

Feb. 3, 2023

Feb. 3, 2023

PACER
62

Referring Motion to Magistrate Judge*

Feb. 3, 2023

Feb. 3, 2023

PACER
63

Appear*

Feb. 6, 2023

Feb. 6, 2023

PACER
64

Order on Motion to Withdraw as Attorney

Feb. 7, 2023

Feb. 7, 2023

PACER
65

~Util - Add and Terminate Parties AND Stipulation and Order

Feb. 21, 2023

Feb. 21, 2023

PACER
66

Appear*

Feb. 27, 2023

Feb. 27, 2023

PACER

Text-Only Order

Feb. 27, 2023

Feb. 27, 2023

PACER

Text-Only Notice of Hearing Cancelled

Feb. 28, 2023

Feb. 28, 2023

PACER

Text-Only Order

Feb. 28, 2023

Feb. 28, 2023

PACER
67

Certify Class

March 15, 2023

March 15, 2023

PACER
68

Stipulation and Order

April 4, 2023

April 4, 2023

PACER
69

ORDER Dismissing Plaintiff Deborah Howard's Claims - Signed by District Judge Nancy G. Edmunds. (LBar)

April 11, 2023

April 11, 2023

RECAP
71

Response to Motion

April 26, 2023

April 26, 2023

PACER
72

Response to Motion

April 26, 2023

April 26, 2023

PACER
73

Response to Motion

April 26, 2023

April 26, 2023

PACER
74

Reply to Response to Motion

May 17, 2023

May 17, 2023

PACER
75

Motion - Free

June 6, 2023

June 6, 2023

PACER
76

Notice - Other

June 8, 2023

June 8, 2023

PACER
77

Response - Free

June 12, 2023

June 12, 2023

PACER

Order AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions

June 13, 2023

June 13, 2023

PACER

Text-Only Order

June 26, 2023

June 26, 2023

PACER
78

OPINION and ORDER Granting 41 Renewed MOTION to Dismiss, and Denying 42 MOTION to Dismiss - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 30, 2023

Sept. 30, 2023

RECAP

Scheduling Order AND Text-Only Order

Oct. 1, 2023

Oct. 1, 2023

PACER

Lifting Stay*

Oct. 1, 2023

Oct. 1, 2023

PACER
79

Scheduling Order AND Stipulation and Order

Oct. 12, 2023

Oct. 12, 2023

PACER
80

Reconsideration

Oct. 16, 2023

Oct. 16, 2023

PACER
81

Answer to Complaint

Oct. 16, 2023

Oct. 16, 2023

PACER
82

Appear*

Oct. 17, 2023

Oct. 17, 2023

PACER

Text-Only Order AND Vacate

Oct. 17, 2023

Oct. 17, 2023

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Feb. 13, 2020

Closing Date: March 12, 2021

Plaintiffs

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes