Case: Davis v. Wayne County Board of Canvassers

2:20-cv-12127 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 7, 2020

Closed Date: Aug. 29, 2021

Clearinghouse coding complete

Case Summary

This is a case about voters challenging an incumbent's inclusion on the primary election for the office of Wayne County Prosecutor.   On August 7, 2020, registered voters from Wayne County filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The case was overseen by Judge Nancy G. Edmunds. The plaintiffs' sued Wayne County's Board of Canvassers under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by private counsel, plaintiffs sou…

This is a case about voters challenging an incumbent's inclusion on the primary election for the office of Wayne County Prosecutor.  

On August 7, 2020, registered voters from Wayne County filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The case was overseen by Judge Nancy G. Edmunds. The plaintiffs' sued Wayne County's Board of Canvassers under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by private counsel, plaintiffs sought declaratory and injunctive relief, damages, and attorneys' fees. Plaintiffs claimed that their votes for Prosecutor in the primary election would be unconstitutionally diluted by the defendant's counting votes for the incumbent prosecutor, whom the plaintiffs alleged was improperly on the ballot.  

On August 4, 2020, plaintiffs voted for the incumbent's challenger in the primary election for Wayne County prosecutor. The defendants canvassed, certified, determined, and declared the results of elections held in Wayne County. Plaintiffs alleged the defendants violated their rights under federal law, constitutional law and violated Michigan's Open Meetings Act. Plaintiffs alleged that the incumbent prosecutor's name was printed on election ballets and votes cast for her were counted despite the fact that she was ineligible to be on the ballot because: 1) she failed to file a timely post-election campaign finance statement in accordance with Mich. Comp. Laws §168.848; and 2) filed an Affidavit and verified that all statements had been filed or paid when they had not. Plaintiffs alleged that this disqualified the incumbent prosecutor from the ballot.  

On August 12, 2020, Plaintiffs filed an Emergency TRO, or in the alternative, and a motion for Preliminary Injunction, to enjoin the defendant from counting and certifying any votes cast for the incumbent in the democratic primary for the office for Wayne County Prosecutor. On August 17, 2020, Judge Nancy G. Edmunds denied the motion for TRO and set a preliminary injunction hearing. 2020 U.S. Dist. Lexis 147708. The judge noted that plaintiffs’ knowledge of the alleged improper inclusion of the incumbent's name on the ballot was known for several months prior to the election but brought the instant action requesting emergency injunctive relief until after the election. 

On August 27, 2020, the incumbent prosecutor filed a motion to intervene as a party with an interest relating to the subject of the action whose rights cannot be adequately represented by the parties in the matter. On October 28, 2020, Judge Nancy G. Edmunds granted the motion to intervene. 2020 U.S. Dist. Lexis 200623. 

On September 3, 2020, the plaintiffs withdrew their emergency motion for TRO and the motion for preliminary injunction. On the same day, the defendant filed a motion to dismiss. Among the arguments, the defendant alleged that the Court did not have jurisdiction as the matter was moot because they had already certified the election results, and that the matter is barred by laches because plaintiffs knew on June 5, 2020 that the incumbent would be on the ballot yet they waited until August 12, 2020 to file their suit. On September 4, 2020, Plaintiffs filed an Amended Complaint. The Amended Complaint dismissed two of the original Plaintiffs and added a new plaintiff.

On September 15, 2020, the plaintiffs filed an emergency motion for summary judgment with respect to a state law claim only. Plaintiffs requested declaratory judgment, that defendant recount absentee votes cast in absentee voting precincts. On September 18, 2020, plaintiffs filed an emergency motion for an order staying the destruction of absentee ballots cast and used in AV voting precinct #23 in the city of Dearborn. On September 21, 2020, the Court denied the emergency motion to stay after the defendant established evidence that the City of Dearborn was in possession and was required by law to retain the ballots for twenty-two months.  Therefore, plaintiffs failed to establish that the defendant was in control of the ballots or present any evidence establishing the likelihood that Defendant would destroy the ballots prior to a ruling on the merits of plaintiffs' claims.  

On August 29, 2021, Judge Nancy G. Edmunds dismissed the suit, finding no merit to the claims. The judge issued an Opinion and Order that denied the plaintiffs' motion for leave to file a second amended complaint, declined to exercise supplemental jurisdiction over state law claims, granted defendant's motion to dismiss the amended complaint and found moot the motion for partial summary judgment. 2021 U.S. Dist. Lexis 163031. The Court stated that the Plaintiff's motion to amend their Complaint was brought in bad faith as a delay tactic to avoid dismissal. The Court found that plaintiffs lacked standing on the right to vote, count one, and the substantive due process claim, count two.  The Court found that plaintiffs had not stated a "class-of-one" equal protection claim for count three. The Court found that plaintiffs failed to state a plausible claim for relief for counts four through eight. The Court declined to exercise supplemental jurisdiction over state law claims, counts nine and ten, as they would substantially expand the scope of the case beyond that necessary and relevant to the federal claims and they raised novel and complex issues of state law. Given those findings, the Court granted the motion to dismiss counts one through eight and found moot the motion to dismiss the original complaint and the motion for partial summary judgment.

This case is closed.  

Summary Authors

(6/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17427334/parties/davis-v-wayne-county-board-of-canvassers/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Attorney for Plaintiff

Paterson, Andrew A. (Michigan)

Attorney for Defendant

Anderson-Davis, Janet (Michigan)

Expert/Monitor/Master/Other

Baldwin, Angela L. (Michigan)

Hollowell, Melvin B. (Michigan)

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Documents in the Clearinghouse

Document
1

2:20-cv-12127

Complaint and Jury Demand

Aug. 7, 2020

Aug. 7, 2020

Complaint
6

2:20-cv-12127

Plaintiffs' Emergency Ex Parte Motion for TRO or Motion for PI Against Defendant with Respect to Counts I and II Only

Aug. 12, 2020

Aug. 12, 2020

Pleading / Motion / Brief
12

2:20-cv-12127

Order Denying Plaintiffs' Emergency Motion for TRO and Setting Preliminary Injunction Hearing

Aug. 17, 2020

Aug. 17, 2020

Order/Opinion

2020 U.S.Dist.LEXIS 147708

15

2:20-cv-12127

Prosecutor Kym L. Worthy's Motion to Intervene

Aug. 21, 2020

Aug. 21, 2020

Pleading / Motion / Brief
16

2:20-cv-12127

Wayne County Board of Canvassers Response to Motion for Preliminary Injunction with respect to counts I and II only

Aug. 27, 2020

Aug. 27, 2020

Pleading / Motion / Brief
17

2:20-cv-12127

Plaintiffs' Notice of Withdrawal of Emergency Motion for TRO, or in the alternative, Motion for Preliminary Injunction (ECF No.6)

Sept. 3, 2020

Sept. 3, 2020

Pleading / Motion / Brief
21

2:20-cv-12127

Amended Complaint and Jury Demand

Sept. 4, 2020

Sept. 4, 2020

Complaint
34

2:20-cv-12127

Plaintiff's Emergency Motion for Summary Judgment with Respect to Count IX only of Plaintiffs' Amended Complaint (EFC No. 21) Pursuant to Fed.R.Civ.P.56.

Sept. 15, 2020

Sept. 15, 2020

Pleading / Motion / Brief
39

2:20-cv-12127

Appeal Order/Opinion/Judgment

U.S. Court of Appeals for the Sixth Circuit

Sept. 16, 2020

Sept. 16, 2020

Order/Opinion

2020 U.S.App.LEXIS 29524

38

2:20-cv-12127

Wayne County's Answer to Motion to Expedite Briefing, Scheduling and Adjudication of Emergency Motion for Summary Judgment

Sept. 16, 2020

Sept. 16, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17427334/davis-v-wayne-county-board-of-canvassers/

Last updated Aug. 9, 2025, 10:10 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against Wayne County Board of Canvassers with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-7976219 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: United States District Court Eastern District of Michigan, 20-cv-11991, Judge Matthew Leitman] [Possible companion case(s): None] (Paterson, Andrew) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
2

INDEX of Exhibits re 1 Complaint,, by All Plaintiffs (Attachments: # 1 Exhibit Exhibit A- Kym Worthy's Affidavit of Identity, # 2 Exhibit Exhibit B- Shane Anders' Declaration of Intent to Be Write-In Candidate, # 3 Exhibit Exhibit C- Victoria Burton-Harris' Legal Challenge, # 4 Exhibit Exhibit D- June 5, 2020 Determination Issued by Wayne County Clerk re Certification of Kym Worthy, # 5 Exhibit Exhibit E- Wayne County Circuit Court's Local Administrative Order 2017-08, # 6 Exhibit Exhibit F-Wayne County Circuit Court Chief Judge Tim Kenny's June 15, 2020 Order in Victoria Burton-Harris' state-court case, # 7 Exhibit Exhibit G-Michigan Supreme Court's July 15, 2020 Denying Plaintiff Davis' Application for Leave to Appeal and Bypass, # 8 Exhibit Exhibit H- Brenda Jones' Affidavit of Identity, # 9 Exhibit Exhibit I- Plaintiff Robert Davis' May 30, 2020 Email to Gil Flowers and Gil Flowers' June 2, 2020 Response Email, # 10 Exhibit Exhibit J- Plaintiff Robert Davis June 1, 2020 Email to Gil Flowers and Gil Flowers' June 3, 2020 Response Email) (Paterson, Andrew) (Entered: 08/08/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
3

Ex Parte MOTION for Leave to File Excess Pages Plaintiffs' Emergency Ex Parte Motion for Leave to File Brief in Support of Emergency Motion for TRO/Preliminary Injunction in Excess of 25-Page Limit by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A- Plaintiffs' Emergency Motion for TRO/Preliminary Injunction and Brief in Support) (Paterson, Andrew) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
4

SUMMONS Issued for *Wayne County Board of Canvassers* (SKra) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
5

AFFIDAVIT of Robert Davis re 1 Complaint,, and in support of Plaintiffs' Motion for TRO, or in the alternative, Motion for Preliminary Injunction by Robert Davis (Paterson, Andrew) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
6

Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction With Respect to Counts I and II by All Plaintiffs. (Paterson, Andrew) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

RECAP
7

Amended MOTION for Leave to File Excess Pages Plaintiffs' Brief in Support of Emergency Motion for TRO/Preliminary Has Been Edited and Revised to 26 Pages, which is just 1 page over teh 25-page limit. See Docket No. 6. by All Plaintiffs. (Paterson, Andrew) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
8

AFFIDAVIT of Leigh Reed-Pratt re 6 Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction With Respect to Counts I and II, 1 Complaint,, by Leigh Reed-Pratt (Paterson, Andrew) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
9

CERTIFICATE of Service/Summons Returned Executed. Wayne County Board of Canvassers served on 8/12/2020, answer due 9/2/2020. (Paterson, Andrew) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
10

NOTICE of Appearance by Janet Anderson-Davis on behalf of Wayne County Board of Canvassers. (Anderson-Davis, Janet) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
11

ORDER RE: DISQUALIFICATION OF JUDGE and REASSIGNING CASE from District Judge Denise Page Hood to District Judge Nancy G. Edmunds. (NAhm) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

TEXT-ONLY ORDER finding as moot 3 Motion for Leave to File Excess Pages - Signed by District Judge Nancy G. Edmunds. (LBar)

Aug. 17, 2020

Aug. 17, 2020

PACER
12

ORDER Denying Motion for Temporary Restraining Order and Setting Motion Deadlines/Hearings as to 6 Motion for Preliminary Injunction with Respect to Counts I and II: (Response due by 8/31/2020, Reply due by 9/9/2020, Motion Hearing set for 9/16/2020 @ 2:00 PM before District Judge Nancy G. Edmunds) - Signed by District Judge Nancy G. Edmunds. (LBar)

Aug. 17, 2020

Aug. 17, 2020

RECAP

TEXT-ONLY ORDER Granting 7 AMENDED Motion for Leave to File Excess Pages - Signed by District Judge Nancy G. Edmunds. (LBar)

Aug. 17, 2020

Aug. 17, 2020

PACER

Order on Motion for Leave to File Excess Pages

Aug. 17, 2020

Aug. 17, 2020

PACER
13

NOTICE of Appearance by Melvin B. Hollowell on behalf of Kym Worthy. (Hollowell, Melvin) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
14

NOTICE of Appearance by Angela L. Baldwin on behalf of Kym Worthy. (Baldwin, Angela) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
15

MOTION to Intervene and Brief in Support by Kym Worthy. (Baldwin, Angela) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

RECAP
16

RESPONSE to 6 Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction With Respect to Counts I and II WAYNE COUNTY BOARD OF CANVASSERS RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION WITH RESPECT TO COUNTS I AND II ONLY filed by Wayne County Board of Canvassers. (Attachments: # 1 Exhibit Kym Worthy Affidavit of Identity, # 2 Exhibit Burton-Harris Challenge to Kym Worthy Affidavit, # 3 Exhibit Kym Worthy Response To Challenge, # 4 Exhibit Transcript of Election Commission meeting, # 5 Exhibit Certified Candidate List, # 6 Exhibit Burton-Harris Complaint, # 7 Exhibit Burton-Harris Order to Show Cause, # 8 Exhibit Burton-Harris Court of Appeals Order dated June 9, 2020, # 9 Exhibit Burton-Harris Orders dated June 15, 2020, # 10 Exhibit Burton-Harris Court of Appeals Orders dated July 1, 2020, # 11 Exhibit Burton-Harris Bypass Application for Leave dated July 6, 2020, # 12 Exhibit Burton-Harris Bypass Supreme Court Order dated July 15, 2020, # 13 Exhibit Brenda Jones Affidavit of Identity, # 14 Exhibit Davis v WCEC Circuit Court Complaint, # 15 Exhibit Davis v WCEC Circuit Court Motion, # 16 Exhibit Davis v WCEC Circuit Court Motion For TRO, # 17 Exhibit Davis v WCEC Circuit Court Order, # 18 Exhibit Davis v WCEC Circuit Court Application For Leave, # 19 Exhibit Davis v WCEC COA Order dated July 22, 2020, # 20 Exhibit Davis v WCEC Circuit Court Order dated July 23, 2020, # 21 Exhibit Davis v WCEC COA Emergency Appeal dated July 24, 2020, # 22 Exhibit Board of Canvassers Certification, # 23 Exhibit Davis v Benson Order and Registers of Action) (Anderson-Davis, Janet) (Entered: 08/27/2020)

1 Exhibit Kym Worthy Affidavit of Identity

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2 Exhibit Burton-Harris Challenge to Kym Worthy Affidavit

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3 Exhibit Kym Worthy Response To Challenge

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4 Exhibit Transcript of Election Commission meeting

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5 Exhibit Certified Candidate List

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6 Exhibit Burton-Harris Complaint

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7 Exhibit Burton-Harris Order to Show Cause

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8 Exhibit Burton-Harris Court of Appeals Order dated June 9, 2020

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9 Exhibit Burton-Harris Orders dated June 15, 2020

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10 Exhibit Burton-Harris Court of Appeals Orders dated July 1, 2020

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11 Exhibit Burton-Harris Bypass Application for Leave dated July 6, 2020

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12 Exhibit Burton-Harris Bypass Supreme Court Order dated July 15, 2020

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13 Exhibit Brenda Jones Affidavit of Identity

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14 Exhibit Davis v WCEC Circuit Court Complaint

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15 Exhibit Davis v WCEC Circuit Court Motion

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16 Exhibit Davis v WCEC Circuit Court Motion For TRO

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17 Exhibit Davis v WCEC Circuit Court Order

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18 Exhibit Davis v WCEC Circuit Court Application For Leave

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19 Exhibit Davis v WCEC COA Order dated July 22, 2020

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20 Exhibit Davis v WCEC Circuit Court Order dated July 23, 2020

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21 Exhibit Davis v WCEC COA Emergency Appeal dated July 24, 2020

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22 Exhibit Board of Canvassers Certification

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23 Exhibit Davis v Benson Order and Registers of Action

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Aug. 27, 2020

Aug. 27, 2020

RECAP
17

NOTICE by All Plaintiffs of withdrawal of 6 Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction With Respect to Counts I and II . (Paterson, Andrew) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
18

MOTION to Dismiss WAYNE COUNTY BOARD OF CANVASSERS by Wayne County Board of Canvassers. (Attachments: # 1 Exhibit Index & Ex 1-Hill v Winfrey complaint, # 2 Exhibit Ex 2-Hill v Winfrey order, # 3 Exhibit Ex 3-Davis v Benson order and Registers of Action) (Anderson-Davis, Janet) (Entered: 09/03/2020)

1 Exhibit Index & Ex 1-Hill v Winfrey complaint

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2 Exhibit Ex 2-Hill v Winfrey order

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3 Exhibit Ex 3-Davis v Benson order and Registers of Action

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Sept. 3, 2020

Sept. 3, 2020

PACER
19

Notice of Determination of Motion Without Oral Argument re 18 MOTION to Dismiss WAYNE COUNTY BOARD OF CANVASSERS (LBar) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
20

Notice of Determination of Motion Without Oral Argument re 15 MOTION to Intervene (LBar) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
21

AMENDED COMPLAINT with Jury Demand Added New Plaintiff Shane Anders and Removed Former Plaintiffs Venias Jordan, Jr. and Leigh Reed-Pratt and added additional federal claims against Defendant and added two new state-law claims against Defendant Wayne County Board of Canvassers filed by All Plaintiffs against Wayne County Board of Canvassers. NEW PARTIES ADDED. (Paterson, Andrew) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

RECAP
22

MOTION for Leave to File Excess Pages WAYNE COUNTY BOARD OF CANVASSERS EX PARTE MOTION FOR LEAVE TO FILE A BRIEF THAT EXCEEDS THE PAGE LIMITS by Wayne County Board of Canvassers. (Anderson-Davis, Janet) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

TEXT-ONLY ORDER Granting 22 Motion for Leave to Response Brief in Excess Pages. Response Brief to 18 Motion to Dismiss not to Exceed 30 Pages - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 8, 2020

Sept. 8, 2020

PACER
23

Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiff Shane Anders' Soon-to-be filed Emergency Ex parte Motion for TRO/Preliminary Injunction. Decision needed by 2 p.m. on Wednesday, September 9, 2020. by Shane Anders. (Attachments: # 1 Exhibit Exhibit A- Wayne County Board of Canvassers' Election DayTally of Write-In Votes Cast for Plaintiff Shane Anders, # 2 Exhibit Exhibit B- Plaintiff Anders' sworn petition requesting recount of certain votes cast in August 4, 2020 Republican Primary Election, # 3 Exhibit Exhibit C- September 2, 2020 Letter from Wayne County Board of Canvassers Notifying Anders of Date of Recount) (Paterson, Andrew) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
24

Emergency MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Intervene and Brief in Support by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
25

Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction by Shane Anders. (Attachments: # 1 Exhibit Notice of September 9, 2020 Meeting of the Wayne County Election Commission, # 2 Exhibit Exhibit A- Plainitff Shane Anders' Declaration of Intent to Be Write In Candidate for Republican Primay for Wayne County Prosecutor, # 3 Exhibit Exhibit B-Plaintiff Anders' Sworn Petition Requesting Recount of Votes Cast In Precincts Republican Primary, # 4 Exhibit Exhibit C- Defendant Wayne County Board of Canvassers' Initial Tally of Write In Votes Counted for Plaintiff Anders, # 5 Exhibit Exhibit D- September 2, 2020 Letter from Defendant Wayne County Board of Canvassers Informing Plaintiff Anders of the date and time of his recount) (Paterson, Andrew) (Entered: 09/08/2020)

1 Exhibit Notice of September 9, 2020 Meeting of the Wayne County Election Commiss

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2 Exhibit Exhibit A- Plainitff Shane Anders' Declaration of Intent to Be Writ

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3 Exhibit Exhibit B-Plaintiff Anders' Sworn Petition Requesting Recount of Vo

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4 Exhibit Exhibit C- Defendant Wayne County Board of Canvassers' Initial Tall

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5 Exhibit Exhibit D- September 2, 2020 Letter from Defendant Wayne County Board of

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Sept. 8, 2020

Sept. 8, 2020

PACER
26

Ex Parte MOTION for Leave to File Excess Pages Plaintiff Anders' Brief in Support of Emergency Motion for TRO is 30 pages. by Shane Anders. (Paterson, Andrew) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

TEXT-ONLY ORDER Granting 24 Motion for Extension of Time to File Response to 15 Motion to Intervene - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 8, 2020

Sept. 8, 2020

PACER

TEXT-ONLY ORDER Denying 23 Motion to Expedite Briefing - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 8, 2020

Sept. 8, 2020

PACER

TEXT-ONLY ORDER Granting 26 Motion for Leave to File Excess Pages - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 8, 2020

Sept. 8, 2020

PACER
27

Notice of Determination of Motion Without Oral Argument re 25 Emergency MOTION for Temporary Restraining Order or in the Alternative, for Preliminary Injunction (LBar) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
28

MOTION to Strike 18 MOTION to Dismiss WAYNE COUNTY BOARD OF CANVASSERS by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
29

MOTION to Dismiss Amended Complaint and Brief In Support by Wayne County Board of Canvassers. (Attachments: # 1 Exhibit) (Anderson-Davis, Janet) (Entered: 09/09/2020)

1 Exhibit

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Sept. 9, 2020

Sept. 9, 2020

PACER
30

Notice of Determination of Motion Without Oral Argument re 29 MOTION to Dismiss Amended Complaint (LBar) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
31

Notice of Determination of Motion Without Oral Argument re 28 MOTION to Strike 18 MOTION to Dismiss (LBar) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

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

Sept. 9, 2020

Sept. 9, 2020

PACER

Order on Motion to Expedite

Sept. 9, 2020

Sept. 9, 2020

PACER

Order on Motion for Leave to File Excess Pages

Sept. 9, 2020

Sept. 9, 2020

PACER
32

RESPONSE to 15 MOTION to Intervene and Brief in Support filed by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
33

Emergency MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Intervene and Brief in Support by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
34

Emergency MOTION for Summary Judgment With Respect to Count IX of Amended Complaint Only by Shane Anders, Robert Davis. (Attachments: # 1 Exhibit Exhibit A- Wayne County Board of Canvassers' September 4, 2020 Certification of Anders' Recount) (Paterson, Andrew) (Entered: 09/15/2020)

1 Exhibit Exhibit A- Wayne County Board of Canvassers' September 4, 2020 Cert

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Sept. 15, 2020

Sept. 15, 2020

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35

Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment With Respect to Count IX Only of Amended Complaint. Decision needed by Monday, September 21, 2020 by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
36

MOTION for Sanctions against Proposed Intervening Defendant Kym Worthy and Her Counsel for Filing Frivolous Motion to Intervene (Docket No. 15) by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
37

Amended MOTION for Sanctions against Proposed Intervening Defendant Kym Worthy and Her Counsel Pursuant to 28 USC 1927 and The Court's Inherent Authority for Filing Frivolous Motion to Intervene (Docket No. 15) by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
38

RESPONSE to 35 Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment With Respect to Count IX Only of Amended Complaint. Decision needed by Monday, September 21, 2020 WAYNE COUNTYS ANSWER TO MOTION TO EXPEDITE BRIEFING, SCHEDULING AND ADJUDICATION OF EMERGENCY MOTION FOR SUMMARY JUDGMENT (ECF 35) filed by Wayne County Board of Canvassers. (Anderson-Davis, Janet) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP
39

ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 20-1880] (TTho) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

RECAP

TEXT-ONLY ORDER Denying 35 Motion to Expedite Briefing Schedule - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 16, 2020

Sept. 16, 2020

PACER
40

Notice of Determination of Motion Without Oral Argument re 34 Emergency MOTION for Summary Judgment With Respect to Count IX of Amended Complaint Only (LBar) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER

Order on Motion to Expedite

Sept. 16, 2020

Sept. 16, 2020

PACER

TEXT-ONLY ORDER Granting 33 Emergency MOTION for Extension of Time to File Response as to 15 MOTION to Intervene - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 17, 2020

Sept. 17, 2020

PACER
41

ORDER Denying 35 Emergency MOTION to Expedite Briefing Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment With Respect to Count IX Only of Amended Complaint. Decision needed by Monday, September 21, 2020 - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER

Text-Only Order

Sept. 17, 2020

Sept. 17, 2020

PACER
42

Emergency MOTION to Stay The Destruction of Absentee Ballots Cast and Used In AV Precinct #23 in the City of Dearborn in the August 4, 2020 primary election Pursuant to Mich. Comp. Laws 168.811 by Shane Anders, Robert Davis. (Attachments: # 1 Exhibit Exhibit A- Wayne County Board of Canvassers Certification of Anders' Recount) (Paterson, Andrew) (Entered: 09/18/2020)

1 Exhibit Exhibit A- Wayne County Board of Canvassers Certification of Anders'

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Sept. 18, 2020

Sept. 18, 2020

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43

Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for an Order Staying The Destruction Of Absentee Ballots Cast and Used (Docket No. 42) by Shane Anders, Robert Davis. (Attachments: # 1 Exhibit Exhibit A- Wayne County Board of Canvassers Certification of Anders' Recount) (Paterson, Andrew) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
44

RESPONSE to 42 Emergency MOTION to Stay The Destruction of Absentee Ballots Cast and Used In AV Precinct #23 in the City of Dearborn in the August 4, 2020 primary election Pursuant to Mich. Comp. Laws 168.811, 43 Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for an Order Staying The Destruction Of Absentee Ballots Cast and Used (Docket No. 42) WAYNE COUNTY BOARD OF CANVASSERS RESPONSE TO MOTION FOR AN ORDER STAYING THE DESTRUCTION OF ABSENTEE BALLOTS CAST AND USED IN AV VOTING PRECINCT #23 IN THE CITY OF DEARBORN PURSUANT TO MICH COMP LAWS §168.811 (ECF 42) AND MOTION TO EXPEDITE BRIEFING SCHEDULE (ECF 43) filed by Wayne County Board of Canvassers. (Attachments: # 1 Exhibit Affidavit, # 2 Exhibit Memorandum) (Anderson-Davis, Janet) (Entered: 09/18/2020)

1 Exhibit Affidavit

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2 Exhibit Memorandum

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Sept. 18, 2020

Sept. 18, 2020

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45

Amended MOTION to Intervene by Kym Worthy. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Order In Re: Shane Anders- Sixth Circuit Court of Appeals, # 3 Exhibit 2-August 7, 2020 Complaint and Jury Demand, # 4 Exhibit 3-Prosecutor Kym L. Worthys Motion to Intervene, # 5 Exhibit 4-September 4, 2020 Amended Complaint and Jury Demand, # 6 Exhibit 5-Plaintiffs Response in Opposition to Proposed Intervenor Kym Worthys Motion to Intervene, # 7 Exhibit 6-Plaintiffs Second Emergency Motion for Extension of Time) (Baldwin, Angela) (Entered: 09/18/2020)

1 Index of Exhibits

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2 Exhibit 1-Order In Re: Shane Anders- Sixth Circuit Court of Appeals

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3 Exhibit 2-August 7, 2020 Complaint and Jury Demand

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4 Exhibit 3-Prosecutor Kym L. Worthys Motion to Intervene

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5 Exhibit 4-September 4, 2020 Amended Complaint and Jury Demand

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6 Exhibit 5-Plaintiffs Response in Opposition to Proposed Intervenor Kym Worthys M

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7 Exhibit 6-Plaintiffs Second Emergency Motion for Extension of Time

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Sept. 18, 2020

Sept. 18, 2020

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46

ORDER Denying 42 Emergency Motion to Stay - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 21, 2020

Sept. 21, 2020

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TEXT-ONLY ORDER Granting 43 Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for an Order Staying The Destruction Of Absentee Ballots Cast and Used (Docket No. 42) - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 21, 2020

Sept. 21, 2020

PACER

Text-Only Order

Sept. 21, 2020

Sept. 21, 2020

PACER
47

NOTICE by Shane Anders, Robert Davis re 46 Order on Motion to Stay (Attachments: # 1 Exhibit Exhibit A- Plaintiffs' State-Court Complaint against Dearborn City Clerk, # 2 Exhibit Exhibit B- Wayne County Circuit Court Chief Judge Tim Kenny's September 22, 2020 Order To Show Cause) (Paterson, Andrew) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
48

RESPONSE to 25 Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction WAYNE COUNTY BOARD OF CANVASSERS RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION (ECF 25) filed by Wayne County Board of Canvassers. (Attachments: # 1 Exhibit Index &Minutes of Board Meeting on September 2, 2020, # 2 Exhibit Minutes of Board Meeting on September 4, 2020, # 3 Exhibit Mich Const art 7 §3 (1835), # 4 Exhibit Mich Const art 10 §3 (1850), # 5 Exhibit Mich Const art 10 §3 (1908), # 6 Exhibit Anders v WCBOC - 20-011702-AW, # 7 Exhibit In re Anders Petition, # 8 Exhibit In re Anders Order) (Anderson-Davis, Janet) (Entered: 09/24/2020)

1 Exhibit Index &Minutes of Board Meeting on September 2, 2020

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2 Exhibit Minutes of Board Meeting on September 4, 2020

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3 Exhibit Mich Const art 7 §3 (1835)

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4 Exhibit Mich Const art 10 §3 (1850)

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5 Exhibit Mich Const art 10 §3 (1908)

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6 Exhibit Anders v WCBOC - 20-011702-AW

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7 Exhibit In re Anders Petition

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8 Exhibit In re Anders Order

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Sept. 24, 2020

Sept. 24, 2020

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49

RESPONSE to 34 Emergency MOTION for Summary Judgment With Respect to Count IX of Amended Complaint Only WAYNE COUNTY BOARD OF CANVASSERS RESPONSE TO MOTION FOR SUMMARY JUDGMENT (ECF 34) filed by Wayne County Board of Canvassers. (Anderson-Davis, Janet) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

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50

RESPONSE to 37 Amended MOTION for Sanctions against Proposed Intervening Defendant Kym Worthy and Her Counsel Pursuant to 28 USC 1927 and The Court's Inherent Authority for Filing Frivolous Motion to Intervene (Docket No. 15) filed by Kym Worthy. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Email Regarding Sanctions, # 3 Exhibit 2-Prosecutor Worthys Amended Motion to Intervene, # 4 Exhibit 3- In Re Shane Anders Opinion) (Baldwin, Angela) (Entered: 09/25/2020)

1 Index of Exhibits

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2 Exhibit 1-Email Regarding Sanctions

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3 Exhibit 2-Prosecutor Worthys Amended Motion to Intervene

View on RECAP

4 Exhibit 3- In Re Shane Anders Opinion

View on RECAP

Sept. 25, 2020

Sept. 25, 2020

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51

NOTICE by Shane Anders, Robert Davis re 34 Emergency MOTION for Summary Judgment With Respect to Count IX of Amended Complaint Only (Attachments: # 1 Exhibit Exhibit A- Signed and Notarized Affidavit of Dearborn City Clerk George Darany, # 2 Exhibit Exhibit B- Signed and Notarized Affidavit of Dearborn Deputy City Clerk Tracey Boudreau) (Paterson, Andrew) (Entered: 09/26/2020)

Sept. 26, 2020

Sept. 26, 2020

PACER
52

NOTICE by Shane Anders of withdrawal of 25 Emergency MOTION for Temporary Restraining Order or in the Alternative, Motion for Preliminary Injunction . (Paterson, Andrew) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER
53

NOTICE by Shane Anders, Robert Davis re 34 Emergency MOTION for Summary Judgment With Respect to Count IX of Amended Complaint Only (Attachments: # 1 Exhibit Exhibit A- Signed and Notarized Affidavit of Dearborn City Clerk George Darany, # 2 Exhibit Exhibit B- Signed and Notarized Affidavit of Dearborn Deputy City Clerk Tracey Boudreau, # 3 Exhibit Exhibit C- Signed and Filed Chief Judge Tim Kenny's Stipulated Order of Dismissal) (Paterson, Andrew) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
54

Emergency MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Dismiss Amended Complaint and Brief In Support by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER

TEXT-ONLY ORDER Granting 54 Emergency Motion for Extension of Time to File Response re 29 MOTION to Dismiss Amended Complaint. Response due by 10/7/2020 - Signed by District Judge Nancy G. Edmunds. (LBar)

Sept. 29, 2020

Sept. 29, 2020

PACER

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

Sept. 29, 2020

Sept. 29, 2020

PACER
55

Emergency MOTION for Leave to File Second Amended Complaint by Shane Anders, Robert Davis. (Attachments: # 1 Exhibit Exhibit A- Plaintiffs' Proposed Second Amended Complaint) (Paterson, Andrew) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
56

Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Leave to File Third Amended Complaint 55 by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
57

Amended MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Leave to File Second Amended Complaint 55 by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
58

RESPONSE to 57 Amended MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Leave to File Second Amended Complaint 55 BOARD OF CANVASSERS ANSWER TO MOTION TO EXPEDITE BRIEFING, SCHEDULING AND ADJUDICATION OF EMERGENCY MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Wayne County Board of Canvassers. (Anderson-Davis, Janet) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
59

RESPONSE to 45 Amended MOTION to Intervene filed by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

RECAP
60

Emergency MOTION for Extension of Time to File Response/Reply as to 45 Amended MOTION to Intervene and Accept for Filing Plaintiffs' Response in opposition to Proposed Intervening Defendant Worthy's Amended Motion to Intervene by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
61

ORDER Denying 57 EMERGENCY Amended MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Leave to File Second Amended Complaint 55 . Set Motion Deadlines as to 55 Emergency MOTION for Leave to File Second Amended Complaint: (Response due by 10/16/2020) - Signed by District Judge Nancy G. Edmunds. (LBar) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
62

RESPONSE to 29 MOTION to Dismiss Amended Complaint and Brief In Support filed by Shane Anders, Robert Davis. (Paterson, Andrew) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
63

MOTION for Leave to File Excess Pages WAYNE COUNTY BOARD OF CANVASSERS EX PARTE MOTION FOR LEAVE TO FILE A BRIEF THAT EXCEEDS THE PAGE LIMITS by Wayne County Board of Canvassers. (Anderson-Davis, Janet) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

TEXT-ONLY ORDER Granting 63 MOTION for Leave to File Excess Pages (REPLY MAY NOT EXCEED 13 PAGES) re 55 Emergency MOTION for Leave to File Second Amended Complaint - Signed by District Judge Nancy G. Edmunds. (LBar)

Oct. 13, 2020

Oct. 13, 2020

PACER

Text-Only Order

Oct. 13, 2020

Oct. 13, 2020

PACER
64

REPLY to Response re 29 MOTION to Dismiss Amended Complaint and Brief In Support BOARD OF CANVASSERS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS AMENDED COMPLAINT filed by Wayne County Board of Canvassers. (Attachments: # 1 Exhibit Davis v Johnson, # 2 Exhibit BOC Manual 2020) (Anderson-Davis, Janet) (Entered: 10/14/2020)

1 Exhibit Davis v Johnson

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2 Exhibit BOC Manual 2020

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Oct. 14, 2020

Oct. 14, 2020

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65

RESPONSE to 55 Emergency MOTION for Leave to File Second Amended Complaint WAYNE COUNTY BOARD OF CANVASSERS RESPONSE TO MOTION TO FILE SECOND AMENDED COMPLAINT (ECF 55) filed by Wayne County Board of Canvassers. (Anderson-Davis, Janet) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
66

ORDER denying 36 and 37 Motions for Sanctions; granting 45 Motion to Intervene; granting 60 Motion for Extension of Time to File Response; finding as moot 15 Motion to Intervene - Signed by District Judge Nancy G. Edmunds. (LBar)

Oct. 28, 2020

Oct. 28, 2020

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67

OPINION and ORDER Denying 55 Emergency MOTION for Leave to File Second Amended Complaint, Declining to Exercise Supplemental Jurisdiction over State Law claims, Granting 29 MOTION to Dismiss Amended Complaint, and Finding as Moot 18 MOTION to Dismiss, 28 MOTION to Strike and 34 MOTION for Partial Summary Judgment as to State Law Claims - Signed by District Judge Nancy G. Edmunds. (LBar)

Aug. 29, 2021

Aug. 29, 2021

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68

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

Aug. 29, 2021

Aug. 29, 2021

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Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 7, 2020

Closing Date: Aug. 29, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two Registered Wayne County Voters

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wayne County Board of Canvassers, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Voting:

Candidate qualifications

Election administration

Vote dilution

Voting: General & Misc.