Case: Howard v. Detroit

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

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

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

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

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

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)

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

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

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)

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)

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

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)

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

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

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)

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

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)

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)

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)

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

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

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

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

Text-Only Order

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)

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)

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

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)

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)

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)

Text-Only Notice of Hearing Cancelled

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)

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

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

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)

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

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 35 Notice of Appeal filed by William Hickey, Jeffrey Stevenson, Billie Hickey, Deborah Howard, Flossie Byrd [Appeal Case Number 21-1261] (TTho) (Entered: 07/11/2022)

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 37 Appeal Order/Opinion/Judgment [Appeal Case Number 21-1261] (SKra) (Entered: 08/25/2022)

TEXT-ONLY ORDER REOPENING CASE - Signed by District Judge Nancy G. Edmunds. (LBar)

Reopening Case

STIPULATION AND ORDER Attorney Nasseem S. Ramin, Theodore W. Seitz, Rasul M. Raheem for Wayne County added. Attorney James G. Berry and James M. Jernigan terminated - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 09/06/2022)

TEXT-ONLY ORDER Requiring an answer 1 Complaint, (due by 10/18/2022) - Signed by District Judge Nancy G. Edmunds. (LBar)

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

ANSWER to Complaint with Affirmative Defenses by City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan, Alvin Horhn. (Noseda, James) (Entered: 10/18/2022)

Renewed MOTION to Dismiss by David Buick, Leonard Kutschman, W. Howard Morris. (Attachments: # 1 Index of Exhibits) (Hodges, Matthew) (Entered: 10/18/2022)

MOTION to Dismiss by Wayne County. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Eric R. Sabree, Wayne County Treasurer, # 3 Exhibit 1A - Property Tax Administration Records for Parcel 15006121 (Flossie Byrd), # 4 Exhibit 1B - Property Tax Administration Records for Parcel 22116229 (William and Billie Hickey), # 5 Exhibit 1C - Property Tax Administration Records for Parcel 17015753 (Deborah Howard), # 6 Exhibit 1D - Property Tax Administration Records for Parcel 21013672 (Jeffrey Stevenson)) (Ramin, Nasseem) (Entered: 10/18/2022)

Notice of Determination of Motion Without Oral Argument re 42 MOTION to Dismiss, and 41 Renewed MOTION to Dismiss (LBar) (Entered: 10/19/2022)

NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference with plaintiff and City of Detroit parties set for 11/17/2022 @ 9:00 AM before District Judge Nancy G. Edmunds **JOINT DISCOVERY PLAN TO BE FILED BY NOVEMBER 10, 2022 (LBar) (Entered: 10/20/2022)

RESPONSE to 41 Renewed MOTION to Dismiss filed by All Plaintiffs. (Fakhouri, Rami) (Entered: 11/08/2022)

RESPONSE to 42 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7) (Fakhouri, Rami) (Entered: 11/08/2022)

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Fakhouri, Rami) (Entered: 11/09/2022)

STIPULATION AND ORDER Set Motion Deadlines as to 42 MOTION to Dismiss: (Reply due by 12/20/2022) - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 11/14/2022)

TEXT-ONLY NOTICE: Telephone Scheduling Conference set for November 17, 2022 is Cancelled re 44 Notice to Appear. (LBar)

Text-Only Notice of Hearing Cancelled

STIPULATION AND ORDER Set Motion Deadlines as to 41 Renewed MOTION to Dismiss: (Reply due by 12/20/2022) - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 11/18/2022)

STIPULATION AND ORDER, Attorney Wesley M. Margeson for David Buick, Leonard Kutschman, and W. Howard Morris added. Attorney Michael S. Hill terminated - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 11/23/2022)

STIPULATION AND ORDER Allowing City of Detroit Defendants to File an Amended Answer and Affirmative Defenses - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 11/30/2022)

ANSWER to Complaint with Affirmative Defenses AMENDED by City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan, Alvin Horhn. (Noseda, James) (Entered: 11/30/2022)

SCHEDULING ORDER: Class Certification Discovery due by 2/15/2023; Briefs on Class Certification by 3/15/2023 - Signed by District Judge Nancy G. Edmunds. (Refer to image for additional dates) (LBar) (Entered: 12/01/2022)

REPLY to Response re 41 Renewed MOTION to Dismiss filed by David Buick, Leonard Kutschman, W. Howard Morris. (Margeson, Wesley) (Entered: 12/20/2022)

RESPONSE to 42 MOTION to Dismiss filed by Wayne County. (Ramin, Nasseem) Modified on 12/21/2022 (TTho). [PER ATTORNEY CALL, INCORRECT EVENT SELECTED AND WAS RE-FILED] (Entered: 12/20/2022)

REPLY to Response re 42 MOTION to Dismiss filed by Wayne County. (Ramin, Nasseem) (Entered: 12/20/2022)

MOTION for Withdrawal of Attorney Rami N. Fakhouri, Betsy Farrington, Samuel E. Schoenburg, and Cynthia Heenan by Deborah Howard. (Fakhouri, Rami) (Entered: 01/20/2023)

NOTICE of Appearance by Caleb Austin Kennedy on behalf of Flossie Byrd, Billie Hickey, William Hickey, Jeffrey Stevenson. (Kennedy, Caleb) (Entered: 01/20/2023)

MOTION to Compel Further Discovery by Flossie Byrd, Billie Hickey, William Hickey, Jeffrey Stevenson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Fakhouri, Rami) (Entered: 01/26/2023)

ORDER REFERRING MOTION to Magistrate Judge David R. Grand: 59 MOTION to Compel Further Discovery - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 01/26/2023)

MOTION Compel Plaintiff Byrd's Deposition by City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan, Alvin Horhn. (Raimi, Charles) (Entered: 02/03/2023)

ORDER REFERRING MOTION to Magistrate Judge David R. Grand: 61 MOTION Compel Plaintiff Byrd's Deposition - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 02/03/2023)

NOTICE TO APPEAR BY TELEPHONE: Status Conference regarding 61 set for 2/7/2023 03:00 PM before Magistrate Judge David R. Grand (EBut) (Entered: 02/06/2023)

ORDER granting 57 Motion to Withdraw as Attorney Rami N. Fakhouri, Betsy Farrington, Samuel E. Schoenburg, and Cynthia Heenan (Plaintiff Howard has 30 days to secure new counsel or inform the Court that she will be proceeding pro se.) - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 02/07/2023)

Minute Entry for telephonic proceedings before Magistrate Judge David R. Grand: Telephonic Status Conference held on 2/7/2023.Disposition: Telephonic status conference held regarding ECF Nos. 59, 61. It was agreed that counsel will continue their good faith meet and confer efforts to resolve the motions, and that defendants shall have until Thursday, February 16, 2023, to respond to plaintiffs' motion to compel (ECF No. 59). Should counsel believe an additional status conference in the interim with the Court may be fruitful, the may contact the Court's Case Manager, Eddrey Butts, to schedule one. (Court Reporter: None Present, Not on the Record) (EBut)

STIPULATION AND ORDER of Dismissal of Flossie Byrd Claims - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 02/21/2023)

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/28/2023 12:00 PM before Magistrate Judge David R. Grand (EBut) (Entered: 02/27/2023)

TEXT-ONLY ORDER re 61 MOTION Compel Plaintiff Byrd's Deposition filed by Assessor, Office of Detroit, City of, Alvin Horhn, Office of CFO Detroit, City of, City of Detroit, Michael Duggan.Disposition: A stipulation and order (ECF No. 65) having been entered to dismiss plaintiff Byrd's claims, IT IS ORDERED that the City of Detroit Defendants' motion to compel Byrd's deposition (ECF No. 61) is DENIED AS MOOT. Entered by Magistrate Judge David R. Grand. (EBut)

Text-Only Order

TEXT-ONLY ORDER re 59 MOTION to Compel Further Discovery filed by William Hickey, Jeffrey Stevenson, Billie Hickey, Flossie Byrd.Disposition: The Court being advised that the parties have resolved the issues raised in plaintiffs' motion to compel (ECF No. 59), IT IS ORDERED that the motion is DENIED AS MOOT WITHOUT PREJUDICE. Entered by Magistrate Judge David R. Grand. (EBut)

Text-Only Notice of Hearing Cancelled

Text-Only Order

TEXT-ONLY NOTICE: Status Conference on 2/28/23 at 12:00pm before Magistrate Judge Grand is Cancelled. (EBut)

MOTION to Certify Class Under Rule 23 by Billie Hickey, William Hickey, Jeffrey Stevenson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Detroit Response to Plaintiffs Requests to Admit, # 3 Exhibit B - Horhn Deposition Transcript Excerpts, # 4 Exhibit C - City of Detroit Press Release, # 5 Exhibit D - Letter to Board of Review, # 6 Exhibit E - Wayne County Tax Statement, # 7 Exhibit F - Hickey Deposition Transcript Excerpts, # 8 Exhibit G - Detroit Supplemental Response to Interrogatory Number 6, # 9 Exhibit H - Assessment Notice Proof Spreadsheet) (Fakhouri, Rami) (Entered: 03/15/2023)

STIPULATION AND ORDER Set Motion Deadlines as to 67 MOTION to Certify Class Under Rule 23: (Response due by 5/17/2023) - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 04/04/2023)

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

TEXT-ONLY CERTIFICATE OF SERVICE re 69 Order on Deborah Howard at 18147 Algonac, Detroit, MI 48234. (LBar)

Mail Returned as Undeliverable. Mail sent to Deborah Howard re 69 Order (SKra) (Entered: 04/21/2023)

RESPONSE to 67 MOTION to Certify Class Under Rule 23 filed by Wayne County. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Treasurer Sabree) (Ramin, Nasseem) (Entered: 04/26/2023)

RESPONSE to 67 MOTION to Certify Class Under Rule 23 filed by David Buick, Leonard Kutschman, W. Howard Morris. (Margeson, Wesley) (Entered: 04/26/2023)

RESPONSE to 67 MOTION to Certify Class Under Rule 23 filed by City of Detroit, Assessor, Office of Detroit, City of, Office of CFO Detroit, City of, Michael Duggan, Alvin Horhn. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Hickey Deposition and exhibits, # 3 Exhibit Stevenson Deposition and exhibits, # 4 Exhibit Horhn Declaration and exhibits) (Noseda, James) (Entered: 04/26/2023)

REPLY to Response re 67 MOTION to Certify Class Under Rule 23 filed by Billie Hickey, William Hickey, Jeffrey Stevenson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit I - Email Correspondence Among the Parties) (Fakhouri, Rami) (Entered: 05/17/2023)

MOTION for Rule 16 Conference on Status and Scope of Discovery by Billie Hickey, William Hickey, Jeffrey Stevenson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Plaintiffs Emails to Detroit Defendants, # 3 Exhibit B - Plaintiffs Emails to Wayne County and Michigan Defendants) (Fakhouri, Rami) (Entered: 06/06/2023)

NOTICE by Wayne County of Supplemental Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Opinion re Fox) (Ramin, Nasseem) (Entered: 06/08/2023)

RESPONSE to 76 Notice (Other) by Billie Hickey, William Hickey, Jeffrey Stevenson. (Fakhouri, Rami) (Entered: 06/12/2023)