Case: Public Interest Legal Foundation v. Benson

1:21-cv-00929 | U.S. District Court for the Western District of Michigan

Filed Date: Nov. 3, 2021

Closed Date: March 3, 2026

Clearinghouse coding complete

Case Summary

This case is about the Public Interest Legal Foundation (PILF) expending its resources to “clean up” the list of voting registrants in Michigan by seeking an injunction requiring Michigan’s Secretary of State (the “Secretary”) to implement a plan to investigate and remove deceased registrants from Michigan’s voting list.  Section 8 of the National Voter Registration Act (NVRA) required Michigan to have a program that reasonably “remove[d] the names of ineligible voters from the official lists o…

This case is about the Public Interest Legal Foundation (PILF) expending its resources to “clean up” the list of voting registrants in Michigan by seeking an injunction requiring Michigan’s Secretary of State (the “Secretary”) to implement a plan to investigate and remove deceased registrants from Michigan’s voting list. 

Section 8 of the National Voter Registration Act (NVRA) required Michigan to have a program that reasonably “remove[d] the names of ineligible voters from the official lists of eligible voters,” including ineligibility due to death. The Secretary served as Michigan’s Chief Election Official and was therefore responsible for ensuring that Michigan complied with the NVRA. The Help America Vote Act of 2002, created to reform U.S.  voting practices, further mandated this requirement.

On November 3, 2021, PILF brought this action against the Secretary in the U.S. District Court for the Western District of Michigan under the NVRA, 52 U.S.C. § 20510(b)(2). This case was assigned to U.S. District Judge Robert J. Jonker. PILF argued that the Secretary violated Section 8 of the NVRA and sought an injunction requiring the Secretary to: (1) investigate voters registered in Michigan; (2) inspect the accuracy of Michigan’s official lists of eligible voters; (3) implement a registrant maintenance program; and (4) cross-reference the names of new registrants with the Social Security Death Index to ensure all registrants are valid.

PILF argued that Michigan’s current voter registration maintenance program was unreasonable because it inadequately identified thousands of deceased registrants, as many of the registrants that the program labeled as valid had in fact been deceased for years. PILF had a data analytics expert identify active status registrants who were deceased in a sample study and identified around 34,000 potentially deceased individuals still registered to vote. 

On December 13, 2021, the Secretary moved to dismiss the complaint. The Secretary claimed that the requirement under the NVRA was solely to implement a program to remove deceased voters from Michigan’s voter rolls; as the program was, in fact, implemented, it thus met the statutory requirements. On January 5, 2022, the case was reassigned to District Judge Jane M. Beckering. She denied the motion to dismiss on August 25, 2022.

Following several months of discovery, both parties moved for Summary Judgment on October 2, 2023. On March 1, 2024, Judge Beckering granted the Secretary’s Motion for Summary Judgment, holding that Michigan’s process for removing deceased voters satisfied the “reasonable effort” requirement of the NVRA. 721 F.Supp.3d 580. Michigan’s process included weekly automated removals based on state and federal death records, manual review of close matches from death records, manual review of bi-monthly death reports, and removals by local clerks based on other information received. Moreover, even if all the potentially deceased individuals identified by PILF were actually deceased, they would only comprise 0.3% of Michigan’s population, which the court found reasonable. Judge Beckering also rejected PILF’s argument that Michigan failed to disclose program records as mandated by the NVRA because (1) PILF’s actual requests went beyond the NVRA requirements and (2) PILF failed to demonstrate an injury through not receiving the information. The judge also ordered that the case be closed. 

On March 26, 2024, PILF appealed the Court’s grant of summary judgment to the United States Court of Appeals for the Sixth Circuit (No. 24-1255).

On May 6, 2025, the Sixth Circuit affirmed the district court’s judgment, holding that (1) PILF had not shown how the discovery it requested would have altered the district court’s summary judgment decision, (2) the district court correctly found that Michigan’s deceased voter removal program as a “reasonable effort” under the NVRA because the plain language of the statute only requires that a state make sensible and rational attempts to remove dead voters, and (3) PILF lacked standing for its disclosure program records claim because it failed to allege an injury. 136 F.4th 613. 

On October 14, 2025, PILF petitioned the Supreme Court of the United States for a writ of certiorari. On March 3, 2026, the Supreme Court declined to hear the case. 

This case is closed. 

 

Summary Authors

Vedant Vamshidhar (8/5/2026)

David Gueye (7/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60698074/parties/public-interest-legal-foundation-v-benson/


Judge(s)
Attorney for Plaintiff

Adams, Christian (Michigan)

Adams, J. Christian

Adams, John Christian (Michigan)

Davis, Charlotte (Michigan)

Attorney for Defendant

Baron, Noah (Michigan)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:21-cv-00929

Complaint for Declaratory and Injunctive Relief

Public Interest Legal Foundation V. Benson

Nov. 3, 2021

Nov. 3, 2021

Complaint
10

1:21-cv-00929

Defendant Secretary of State Jocelyn Benson's Brief in Support of her Partial Motion to Dismiss

Dec. 13, 2021

Dec. 13, 2021

Pleading / Motion / Brief
14

1:21-cv-00929

Defendant Jocelyn Benson's Answer to Complain for Declaratory and Injunctive Relief

Dec. 13, 2021

Dec. 13, 2021

Pleading / Motion / Brief
11

1:21-cv-00929

Defendant Secretary of State Jocelyn Benson's Brief in Support of her Partial Motion to Dismiss

Dec. 31, 2021

Dec. 31, 2021

Pleading / Motion / Brief
16

1:21-cv-00929

Plaintiff's Response in Opposition to Defendant's Partial Motion to Dismiss

Jan. 18, 2022

Jan. 18, 2022

Pleading / Motion / Brief
18

1:21-cv-00929

Proposed Intervenor-Defendant's Motion to Intervene

Jan. 25, 2022

Jan. 25, 2022

Pleading / Motion / Brief
20

1:21-cv-00929

Intervenor-Defendants' Proposed Answer to Plaintiff's Complaint for Declaratory and Injunctive Relief

Jan. 25, 2022

Jan. 25, 2022

Pleading / Motion / Brief
24

1:21-cv-00929

Defendant's Reply Brief in Support of Partial Motion to Dismiss

Feb. 1, 2022

Feb. 1, 2022

Pleading / Motion / Brief
26

1:21-cv-00929

Defendant's Corrected Reply Brief in Support of Partial Motion to Dismiss

Feb. 2, 2022

Feb. 2, 2022

Pleading / Motion / Brief
27

1:21-cv-00929

Defendant's Response in Opposition to Motion to Intervene

Feb. 8, 2022

Feb. 8, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60698074/public-interest-legal-foundation-v-benson/

Last updated Aug. 4, 2026, 8:01 p.m.

Docket for: Public Interest Legal Foundation v. Benson
ECF Number Date Description Link
1 Nov. 3, 2021

COMPLAINT against Jocelyn Benson filed by Public Interest Legal Foundation (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14) (Phillips, Kaylan) (Entered: 11/03/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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Clearinghouse
2 Nov. 3, 2021

PROPOSED SUMMONS to be issued re 1 (Phillips, Kaylan) (Entered: 11/03/2021)

RECAP
3 Nov. 3, 2021

CORPORATE DISCLOSURE STATEMENT by Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 11/03/2021)

RECAP
Nov. 3, 2021

Filing Fee (Civil Case) - Credit Card Payment

Nov. 3, 2021

FILING FEE PAID re 1 by plaintiff Public Interest Legal Foundation in the amount of $402, receipt number AMIWDC-6587015 (Phillips, Kaylan)

4 Nov. 8, 2021

NOTICE that this case has been assigned Robert J. Jonker (mg) (Entered: 11/08/2021)

RECAP
5 Nov. 8, 2021

SUMMONS ISSUED as to defendant Jocelyn Benson (mg) (Entered: 11/08/2021)

RECAP
6 Nov. 9, 2021

SUMMONS returned executed; Jocelyn Benson served on 11/8/2021, answer due 11/29/2021 (Phillips, Kaylan) (Entered: 11/09/2021)

RECAP
7 Nov. 29, 2021

PROPOSED STIPULATION and ORDER Extending Dates by defendant Jocelyn Benson [Attorney Heather S. Meingast added to party Jocelyn Benson(pty:dft)] (Meingast, Heather) (Entered: 11/29/2021)

RECAP
8 Nov. 30, 2021

ORDER granting STIPULATION 7 extending dates ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 11/30/2021)

RECAP
9 Nov. 30, 2021

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 2/24/2022 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; status report due by 2/17/2022 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 11/30/2021)

RECAP
Nov. 30, 2021

Order on Stipulation and Proposed Order

Dec. 3, 2021

(NON-DOCUMENT) ATTORNEY APPEARANCE of Charlotte Davis on behalf of plaintiff Public Interest Legal Foundation as additional counsel (Davis, Charlotte)

Dec. 7, 2021

(NON-DOCUMENT) ATTORNEY APPEARANCE of Noel H. Johnson on behalf of plaintiff Public Interest Legal Foundation as additional counsel (Johnson, Noel)

10 Dec. 13, 2021

MOTION to dismiss for lack of jurisdiction, MOTION to dismiss for failure to state a claim by defendant Jocelyn Benson; (Meingast, Heather) (Entered: 12/13/2021)

Clearinghouse
11 Dec. 13, 2021

BRIEF in support of MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim 10 filed by Jocelyn Benson (Attachments: # 1 Index Exhibit List, # 2 Exhibit A. Email, # 3 Exhibit B. Email, # 4 Exhibit C. Spreadsheet Screenshot) (Meingast, Heather) (Entered: 12/13/2021)

1 Index Exhibit List

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2 Exhibit A. Email

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3 Exhibit B. Email

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4 Exhibit C. Spreadsheet Screenshot

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Clearinghouse
12 Dec. 13, 2021

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim 10 filed by Jocelyn Benson (Meingast, Heather) (Entered: 12/13/2021)

RECAP
13 Dec. 13, 2021

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 11 filed by Jocelyn Benson (Meingast, Heather) (Entered: 12/13/2021)

RECAP
14 Dec. 13, 2021

ANSWER to complaint, 1 with affirmative defenses by Jocelyn Benson (Meingast, Heather) (Entered: 12/13/2021)

Clearinghouse
15 Jan. 5, 2022

NOTICE that this case is reassigned to District Judge Jane M. Beckering under Administrative Order No. 22-CA-01 ; Chief Judge Robert J. Jonker is no longer assigned to the case (mlc) (Entered: 01/05/2022)

RECAP
16 Jan. 18, 2022

RESPONSE in opposition to MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim 10 filed by Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 01/18/2022)

Clearinghouse
17 Jan. 18, 2022

CERTIFICATE of compliance re word count for Response in Opposition 16 filed by Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 01/18/2022)

RECAP
18 Jan. 25, 2022

MOTION to intervene and Brief in Support of Motion to Intervene intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. by intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc.; (Nkwonta, Uzoma) (Entered: 01/25/2022)

Clearinghouse
19 Jan. 25, 2022

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to intervene and Brief in Support of Motion to Intervene intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. 18 filed by APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Nkwonta, Uzoma) (Entered: 01/25/2022)

RECAP
20 Jan. 25, 2022

Proposed Answer to Plaintiff's Complaint for Declaratory and Injunctive Relief EXHIBIT re 18 by intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Nkwonta, Uzoma) (Entered: 01/25/2022)

Clearinghouse
21 Jan. 25, 2022

CORPORATE DISCLOSURE STATEMENT by APRI (Nkwonta, Uzoma) (Entered: 01/25/2022)

RECAP
22 Jan. 25, 2022

CORPORATE DISCLOSURE STATEMENT by Michigan Alliance of Retired Americans (Nkwonta, Uzoma) (Entered: 01/25/2022)

RECAP
23 Jan. 25, 2022

CORPORATE DISCLOSURE STATEMENT by Rise, Inc. (Nkwonta, Uzoma) (Entered: 01/25/2022)

RECAP
24 Feb. 1, 2022

REPLY to response to motion 10 to Dismiss filed by Jocelyn Benson (Grill, Erik) (Entered: 02/01/2022)

Clearinghouse
25 Feb. 1, 2022

CERTIFICATE of compliance re word count for Reply to Response to Motion 24 filed by Jocelyn Benson (Grill, Erik) (Entered: 02/01/2022)

RECAP
26 Feb. 2, 2022

REPLY to response to motion 10 to Dismiss filed by Jocelyn Benson (Grill, Erik) (Entered: 02/02/2022)

Clearinghouse
27 Feb. 8, 2022

RESPONSE in opposition to MOTION to intervene and Brief in Support of Motion to Intervene intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. 18 filed by Jocelyn Benson (Meingast, Heather) (Entered: 02/08/2022)

Clearinghouse
28 Feb. 8, 2022

RESPONSE in opposition to MOTION to intervene and Brief in Support of Motion to Intervene intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. 18 filed by Public Interest Legal Foundation (Attachments: # 1 Exhibit A - Judicial Watch v. Logan) (Phillips, Kaylan) (Entered: 02/08/2022)

Clearinghouse
29 Feb. 8, 2022

CERTIFICATE of compliance re word count for Response in Opposition, 28 filed by Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 02/08/2022)

RECAP
30 Feb. 8, 2022

CERTIFICATE of compliance re word count for Response in Opposition 27 filed by Jocelyn Benson (Meingast, Heather) (Entered: 02/08/2022)

RECAP
Feb. 8, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Noah Baron on behalf of intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Baron, Noah)

Feb. 8, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joel J. Ramirez on behalf of intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Ramirez, Joel)

Feb. 10, 2022

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua L. Harris on behalf of intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Harris, Joshua)

31 Feb. 15, 2022

MOTION for leave to file Reply Brief in Support of Proposed Intervenor-Defendants' Motion to Intervene with Brief in Support and certificate of compliance by intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc.; (Attachments: # 1 Exhibit 1-Proposed Document, # 2 Exhibit 2- Proposed Exhibit 1 (Nkwonta, Uzoma) Modified text on 2/16/2022 (pjw). (Entered: 02/15/2022)

Clearinghouse
32 Feb. 16, 2022

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Reply Brief in Support of Proposed Intervenor-Defendants' Motion to Intervene 31 filed by APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Nkwonta, Uzoma) (Entered: 02/16/2022)

RECAP
33 Feb. 16, 2022

JOINT STATUS REPORT submitted for filing by plaintiff Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 02/16/2022)

RECAP
34 Feb. 16, 2022

NOTICE cancelling 2/24/2022 Rule 16 scheduling conference (rmw) (Entered: 02/16/2022)

RECAP
35 Aug. 25, 2022

OPINION AND ORDER denying motion to dismiss 10 ; granting motion for leave to file 31 ; the reply brief (ECF No. 31-1) is accepted for docketing; denying motion to intervene 18 signed by District Judge Jane M. Beckering (lep) (Entered: 08/25/2022)

Clearinghouse
36 Aug. 25, 2022

REPLY to response to motion 18 (filed per 35 ) (Uzoma Nkem Nkwonta) filed by APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Attachments: # 1 Exhibit 1) (mg) (Entered: 08/26/2022)

Clearinghouse
37 Sept. 1, 2022

MOTION to withdraw as attorney by intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc.; (Harris, Joshua) (Entered: 09/01/2022)

RECAP
38 Sept. 1, 2022

PROPOSED ORDER regarding Motion to Withdraw Appearance of Counsel by intervenor-defendants APRI, Michigan Alliance of Retired Americans, Rise, Inc. (Harris, Joshua) (Entered: 09/01/2022)

RECAP
39 Oct. 3, 2022

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 10/13/2022 at 11:00 AM by telephone before District Judge Jane M. Beckering; joint status report due by 10/6/2022; signed by District Judge Jane M. Beckering (rmw) (Entered: 10/03/2022)

RECAP
40 Oct. 5, 2022

JOINT STATUS REPORT (Phillips, Kaylan) (Entered: 10/05/2022)

RECAP
41 Oct. 6, 2022

(RESTRICTED ACCESS) DOCUMENT (instructions for 10/13/2022 telephonic scheduling conference) [Access to this document is available to the Court and attorney(s) for Jocelyn Benson, Public Interest Legal Foundation only] (rmw) (Entered: 10/06/2022)

RECAP
42 Oct. 13, 2022

MINUTES of scheduling conference by telephone held before District Judge Jane M. Beckering (Court Reporter: not recorded) (rmw) (Entered: 10/13/2022)

RECAP
43 Oct. 13, 2022

CASE MANAGEMENT ORDER; signed by District Judge Jane M. Beckering (rmw) (Entered: 10/13/2022)

RECAP
44 Oct. 19, 2022

PROOF OF SERVICE by defendant Jocelyn Benson for Response to Requests for Admissions (Grill, Erik) (Entered: 10/19/2022)

RECAP
45 Nov. 23, 2022

SELECTION of Mona Majzoub as facilitative mediator by plaintiff Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 11/23/2022)

RECAP
46 Nov. 30, 2022

NOTICE of appointment of Facilitative Mediator Mona K. Majzoub; plaintiff VFM fee to be submitted by 12/7/2022 defendant VFM fee to be submitted by 12/7/2022 (kmd) (Entered: 11/30/2022)

RECAP
Dec. 5, 2022

VFM FEE RECEIVED in the amount of $25.00, check number 510161767 as to defendant Jocelyn Benson (jmw)

Dec. 5, 2022

VFM FEE RECEIVED in the amount of $25.00, check number 1104 as to plaintiff Public Interest Legal Foundation (jmw)

47 Dec. 8, 2022

PROOF OF SERVICE by plaintiff Public Interest Legal Foundation for responses to requests for admissions (Phillips, Kaylan) (Entered: 12/08/2022)

RECAP
48 Jan. 13, 2023

PROPOSED STIPULATION and ORDER extending deadlines in Case Management Order by plaintiff Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 01/13/2023)

RECAP
49 Jan. 13, 2023

CHANGE OF ADDRESS by Kaylan Phillips counsel for plaintiff Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 01/13/2023)

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50 Jan. 17, 2023

ORDER granting STIPULATION 48 ; extending certain deadlines; additional requests to extend will not be favored; signed by District Judge Jane M. Beckering (rmw) (Entered: 01/17/2023)

RECAP
51 Jan. 17, 2023

PROOF OF SERVICE by plaintiff Public Interest Legal Foundation for responses to requests for admissions (Phillips, Kaylan) (Entered: 01/17/2023)

RECAP
52 Feb. 8, 2023

PROOF OF SERVICE by defendant Jocelyn Benson for Responses to Second Requests for Admissions (Grill, Erik) (Entered: 02/08/2023)

RECAP
53 March 1, 2023

PROPOSED STIPULATION and ORDER Extending Time for Defendant's Expert Disclosures by defendant Jocelyn Benson (Grill, Erik) (Entered: 03/01/2023)

RECAP
54 March 2, 2023

ORDER granting STIPULATION to extend Defendant's expert witness disclosure deadline 53 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 03/02/2023)

RECAP
55 March 13, 2023

MOTION to compel by defendant Jocelyn Benson; (Grill, Erik) (Entered: 03/13/2023)

RECAP
56 March 13, 2023

BRIEF in support of MOTION to compel 55 filed by Jocelyn Benson (Attachments: # 1 Index Exhibit List, # 2 Exhibit A. Defendant's First Interrogatories, Requests to Production Documents and Request for Admissions to Plaintiff, # 3 Exhibit B. Plaintiff's response, # 4 Exhibit C. Defendant's Second Request for Admissions to Plaintiff, # 5 Exhibit D. Plaintiff's Answers to Defendant's First Interrogatories, # 6 Exhibit E. Plaintiff's Answers to Defendant's First Requests to Produce Documents,(Please see 59 for corrected exhibit # 7 Exhibit F. Plaintiff's Answers to Defendant's Second Request for Admissions, # 8 Exhibit G. Email from Defendant's Attorney to Plaintiff's Attorney, # 9 Exhibit H. Correspondence from Plaintiff's Attorney to Defendant's Attorney, # 10 Exhibit I. Correspondence from Plaintiff's Attorney to Defendant's Attorney) (Grill, Erik) Modified text on 3/14/2023 (slk). (Entered: 03/13/2023)

RECAP
57 March 13, 2023

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to compel 55 filed by Jocelyn Benson (Grill, Erik) (Entered: 03/13/2023)

RECAP
58 March 13, 2023

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 56 filed by Jocelyn Benson (Grill, Erik) Modified text on 3/14/2023 (slk). (Entered: 03/13/2023)

RECAP
59 March 14, 2023

CORRECTED EXHIBIT E to Defendant's Motion to Compel (ECF No. 56-6) by defendant Jocelyn Benson (Grill, Erik) Modified text on 3/14/2023 (slk). (Entered: 03/14/2023)

RECAP
60 March 14, 2023

NOTICE OF MOTION HEARING regarding Defendant's Motion to Compel 55 : motion hearing is set for 4/12/2023 at 02:00 PM by video before Magistrate Judge Sally J. Berens (jal) (Entered: 03/14/2023)

RECAP
61 March 14, 2023

(RESTRICTED ACCESS) DOCUMENT Videoconference information for 4/12/2023 motion hearing [Access to this document is available to the Court and attorney(s) for Jocelyn Benson, Public Interest Legal Foundation only] (jal) (Entered: 03/14/2023)

RECAP
62 March 14, 2023

MOTION for protective order by defendant Jocelyn Benson; (Meingast, Heather) (Entered: 03/14/2023)

RECAP
63 March 14, 2023

BRIEF in support of MOTION for protective order 62 filed by Jocelyn Benson (Attachments: # 1 Index Exhibit List, # 2 Exhibit A. Notice of Deposition of Secretary of State Jocelyn Benson, # 3 Exhibit B. Email chain between attorneys, # 4 Exhibit C. Email chain between attorneys) (Meingast, Heather) (Entered: 03/14/2023)

RECAP
64 March 14, 2023

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for protective order 62 filed by Jocelyn Benson (Meingast, Heather) (Entered: 03/14/2023)

RECAP
65 March 14, 2023

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 63 filed by Jocelyn Benson (Meingast, Heather) (Entered: 03/14/2023)

RECAP
66 March 14, 2023

NOTICE OF MOTION HEARING regarding Defendant's Motion for Protective Order 62 : motion hearing is set for 4/12/2023 at 02:00 PM by video before Magistrate Judge Sally J. Berens; previously filed videoconference information 61 to remain the same (jln) (Entered: 03/14/2023)

RECAP
March 14, 2023

Order Referring Motion to Magistrate Judge (Non-Document)

March 14, 2023

(NON-DOCUMENT) ORDER REFERRING MOTION to compel 55 to Magistrate Judge Sally J. Berens under 28 U.S.C. 636(b)(1)(A); signed by District Judge Jane M. Beckering (rmw)

March 14, 2023

(NON-DOCUMENT) ORDER REFERRING MOTION for protective order 62 to Magistrate Judge Sally J. Berens under 28 U.S.C. 636(b)(1)(A); signed by District Judge Jane M. Beckering (rmw)

67 March 15, 2023

PROOF OF SERVICE by plaintiff Public Interest Legal Foundation for Subpoena to Electronic Registration Information Center (Johnson, Noel) (Entered: 03/15/2023)

RECAP
68 March 15, 2023

PROOF OF SERVICE by defendant Jocelyn Benson for Defendant's Expert Disclosures (Grill, Erik) (Entered: 03/15/2023)

RECAP
69 March 27, 2023

RESPONSE in opposition to MOTION to compel 55 filed by Public Interest Legal Foundation (Attachments: # 1 Index Exhibit List, # 2 Exhibit A Email Chain, # 3 Exhibit B Declaration) (Phillips, Kaylan) Modified text on 3/28/2023 (mg). (Entered: 03/27/2023)

RECAP
70 March 27, 2023

CERTIFICATE of compliance re word count for Response in Opposition 69 filed by Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 03/27/2023)

RECAP
71 March 28, 2023

RESPONSE in opposition to MOTION for protective order 62 filed by Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 03/28/2023)

RECAP
72 March 28, 2023

CERTIFICATE of compliance re word count for Response in Opposition 71 filed by Public Interest Legal Foundation (Phillips, Kaylan) (Entered: 03/28/2023)

RECAP
April 10, 2023

(NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph M. Nixon on behalf of plaintiff Public Interest Legal Foundation (Nixon, Joseph)

73 April 12, 2023

MINUTES of motion hearing re Defendant's Motion to Compel 55 and Defendant's Motion for Protective Order 62 held before Magistrate Judge Sally J. Berens; order to issue (Proceedings Digitally Recorded) (jln) (Entered: 04/12/2023)

RECAP
74 April 12, 2023

ORDER granting in part, denying in part, and denying in part as moot Defendant's Motion to Compel 55 ; granting without prejudice Defendant's Motion for Protective Order 62 ; signed by Magistrate Judge Sally J. Berens (jln) (Entered: 04/12/2023)

Clearinghouse
75 April 14, 2023

TRANSCRIPT of Motion to Compel and for Protective Order held 04/12/2023 before Magistrate Judge Sally J. Berens; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 7/13/2023 ; redaction request due 5/5/2023 (Court Reporter-Transcriptionist: Dexter, Melinda 517-604-1732) (Entered: 04/14/2023)

RECAP
76 May 3, 2023

PROPOSED STIPULATION and ORDER Protective Order by defendant Jocelyn Benson (Grill, Erik) (Entered: 05/03/2023)

RECAP
77 May 3, 2023

STIPULATED PROTECTIVE ORDER granting proposed stipulated order 76 ; signed by District Judge Jane M. Beckering (rmw) (Entered: 05/03/2023)

RECAP
78 May 8, 2023

PROPOSED STIPULATION and ORDER Extending Time for Expert Reports by Two Days by defendant Jocelyn Benson (Grill, Erik) (Entered: 05/08/2023)

RECAP
79 May 8, 2023

ORDER granting proposed stipulated order 78 ; extending deadlines for expert reports; signed by District Judge Jane M. Beckering (rmw) (Entered: 05/08/2023)

RECAP
May 15, 2023

(NON-DOCUMENT) ATTORNEY APPEARANCE of Christian Adams on behalf of plaintiff Public Interest Legal Foundation (Adams, Christian)

80 May 22, 2023

MOTION to Quash Subpoena and for Protective Order and to Transfer this Motion to United States District Court for the Western District of Michigan - filed by Electronic Registration Information Center, Inc. (Attachments: # 1 Certificate of Service) (Miscellaneous Filing Fee $49 paid. Receipt number ADEDC-4116459) (jfm) Modified on 4/26/2023 (nms). [Transferred from Delaware on 5/18/2023.] (Entered: 04/19/2023); modified text for transfer from case 1:23-mc-60. (ns) (Entered: 05/22/2023)

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81 May 22, 2023

OPENING BRIEF in Support 80 MOTION to Quash Subpoena and for Protective Order and to Transfer this Motion to United States District Court for the Western District of Michigan, filed by Electronic Registration Information Center, Inc. Answering Brief/Response due date per Local Rules is 5/3/2023. (jfm) Modified on 4/26/2023 (nms). [Transferred from Delaware on 5/18/2023.] (Entered: 04/19/2023); modified text for transfer from case 1:23-mc-60. (ns) (Entered: 05/22/2023)

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82 May 22, 2023

DECLARATION of Shane Hamlin re 80 MOTION to Quash Subpoena and for Protective Order and to Transfer this Motion to United States District Court for the Western District of Michigan, by Electronic Registration Information Center, Inc. (jfm) (Main Document 3 replaced on 4/19/2023) (jfm). (Additional attachment: # 1 added on 4/19/2023: # 1 Exhibits A-J) (jfm). Modified on 4/26/2023 (nms). [Transferred from Delaware on 5/18/2023.] (Entered: 04/19/2023) Modified text on 5/22/2023 for transfer from case 1:23-mc-60 (ns). Modified on 5/22/2023 (ns). (Entered: 05/22/2023)

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83 May 22, 2023

DECLARATION of Robert A. Wiygul re 80 MOTION to Quash Subpoena and for Protective Order and to Transfer this Motion to United States District Court for the Western District of Michigan, by Electronic Registration Information Center, Inc. (jfm) (Main Document 4 replaced on 4/19/2023) (jfm). [Transferred from Delaware on 5/18/2023.] (Entered: 04/19/2023) (Attachment(s): # 1 Exhibits 1-13 # 2 Exhibits 14-30) Modified entry on 5/23/2023 to divide exhibits in two separate attachments due to document's size (ns). (Entered: 05/22/2023)

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84 May 22, 2023

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Electronic Registration Information Center, Inc. (jfm) [Transferred from Delaware on 5/18/2023.] (Entered: 04/19/2023) Modified text on 5/22/2023 for transfer from case 1:23-mc-60 (ns). (Entered: 05/22/2023)

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85 May 22, 2023

PROPOSED Order 80 MOTION to Quash Subpoena and for Protective Order and to Transfer this Motion to United States District Court for the Western District of Michigan, by Electronic Registration Information Center, Inc. (Attachments: # 1 Alternative Proposed Order)(McCullough, Bruce) Modified on 4/26/2023 (nms). [Transferred from Delaware on 5/18/2023.] (Entered: 04/19/2023) Modified text on 5/22/2023 for transfer from case 1:23-mc-60 (ns). (Entered: 05/22/2023)

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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: Nov. 3, 2021

Closing Date: March 3, 2026

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Public Interest Legal Foundation on behalf of voters in the state of Michigan.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Other Dockets:

Western District of Michigan 1:21-cv-00929

U.S. Court of Appeals for the Sixth Circuit 24-01255

Supreme Court of the United States 25-437

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voter ID

Voter qualifications

Voter registration rules

Voting: General & Misc.

Recommended Citation