Case: Doe A v. Whitmer

2:22-cv-10209 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 2, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 13, 2023, a class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan challenging the constitutionality of Michigan's Sex Offender Registration Act (SORA). The plaintiffs, representing a class of all individuals who are or will be subject to registration under Michigan's Sex Offenders Registration Act, alleged that the enforcement of the Act violated their constitutional rights, including under the Ex Post Facto Clause, Due Process Clause, Equal P…

On January 13, 2023, a class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan challenging the constitutionality of Michigan's Sex Offender Registration Act (SORA). The plaintiffs, representing a class of all individuals who are or will be subject to registration under Michigan's Sex Offenders Registration Act, alleged that the enforcement of the Act violated their constitutional rights, including under the Ex Post Facto Clause, Due Process Clause, Equal Protection Clause, Privileges and Immunities Clause, and the First Amendment. The plaintiffs were represented by the ACLU of Michigan, and the case was assigned to Judge Mark A. Goldsmith. 

On May 31, 2023, defendants filed a motion to dismiss for failure to state a claim, arguing that the amended Sex Offender Registration Act, the new SORA, was substantively identical to the federal Sex Offender Registration and Notification Act (SORNA), and federal courts had rejected Ex Post Facto claims and First Amendment claims as well as other claims on similar grounds to similarly used language within the SORNA. Additionally, defendants argued that plaintiff's due process and First Amendment arguments did not demonstrate infringement of plaintiffs' fundamental rights. Additionally, regarding plaintiffs' vagueness challenges, defendants argued that the new SORA provided sufficient notice and previous court rulings regarding the same language had stated the same. Defendants also addressed plaintiff's equal protection challenges, arguing that while the new SORA did make racial distinctions, so did the federal SORNA, and it had been upheld by federal courts. Lastly, defendants argued that plaintiff's claims were barred by the statute of limitations, as many of the harms occurred over a decade ago and since plaintiffs possessed almost identical continuing requirements under the federal SORNA, their claims were moot. 

On October 2, 2023, plaintiffs filed a motion for summary judgment requesting the court to declare that the SORA was unconstitutional. They argued that the SORA violated the Ex Post Facto Clause by retroactively applying punishment and extending registration terms. It violated Due Process and Equal Protection by imposing lengthy/lifetime registration without individual risk assessment. Additionally, the SORA violated the First Amendment through compelled speech and vague requirements. Plaintiffs also argued the SORA violated Due Process by breaching plea agreements, and it violated Due Process and Equal Protection by mandating registration for non-sex offenses and treating out-of-state convictions unfairly. 

On September 27 2024, the court granted granted summary judgement as to plaintiffs' (i) ex post facto claims, (ii) non-sex offense claim, (iii) non-Michigan offense claim, and (iv) First Amendment claims alleging forced admission of understanding and chilled speech rights stemming from SORA's 2021 internet-identifier reporting requirements. Additionally, the court granted summary judgment to defendants as to plaintiffs' claims regarding (i) lack of individualized review, (ii) unequal opportunity to petition, and (iii) compelled speech. Additionally, the court ruled that plaintiffs' claim regarding plea agreements was moot. 

On January 10, 2025, plaintiffs filed a motion for entry of judgment, requesting the court to enter a final judgment in favor of plaintiffs. On March 26, 2025, the court ruled on plaintiffs' motion for entry of judgment, granting it in part and denying it in part. On Plaintiff's two Ex Post Facto claims, the court found that provisions of SORA 2021 violated the Ex Post Facto Clause, and granted summary judgment to plaintiffs. Additionally, plaintiffs challenged the provision of SORA that required individuals convicted of certain offenses against minors to register, arguing that procedural due process required a judicial determination that they committed a sex offense before being required to register as a sex offender. The court agreed with the plaintiffs and held that a "judicial determination must be afforded to people convicted of offenses without a sex element". The Court also enjoined the required registration for individuals with out-of-state convictions under SORA until the legislature adopted a constitutional process that afforded registrants with a judicial determination of their registration requirements. Plaintiffs also argued that there were reporting requirements under SORA 2021 that were unconstitutionally vague. The court found certain terms were unconstitutionally vague but others were not. 

On March 26, 2025, a final judgment was issued in the case. The court's ruling resulted in a mixed outcome. In regards to plaintiffs' ex post facto challenges, the court granted summary judgment to the plaintiffs on Counts I and III, which contested the retroactive application of SORA 2021. This resulted in the court permanently enjoining the defendants from requiring registration under SORA 2021 or any prior version of SORA, or enforcing these versions against the individual plaintiffs and the pre-2011 ex post facto subclass. The court granted summary judgment to the defendants regarding the claims concerning individualized review, unequal opportunity to petition for removal, mandatory reporting requirements, and compelled speech issues. The court rendered the issue related to the violation of plea agreements as moot. Plaintiffs were granted summary judgment on their claims challenging the application of SORA to individuals with non-sex offenses. The court issued a mixed ruling on the plaintiffs' challenges to certain provisions of SORA 2021 as unconstitutionally vague, granting summary judgment to both plaintiffs and defendants in part. Additionally, plaintiffs were granted summary judgment on their challenge of the requirement that registrants attest that they understand their registration duties under SORA. Plaintiffs were also granted summary judgment on their challenge of the requirement to report electronic mail addresses and to report internet identifiers. Plaintiffs were granted summary judgment on their claims asserting that the process used by defendants for registering individuals with non-Michigan convictions violates the Due Process Clause of the Fourteenth Amendment, imposing longer or harsher registration requirements on individuals with non-Michigan convictions compared to those with Michigan convictions violates the Equal Protection Clause of the Fourteenth Amendment. 

On April 11, 2025, the defendants filed a motion asking the court to stay its final judgment with respect to Counts I, II, and XI. They stated that this was to allow Defendants to file an appeal with the Sixth Circuit Court of Appeals. Defendants argued that granting the stay was necessary to reduce chaos if the final judgment was put into effect while the Sixth Circuit was considering their appeal. They reasoned that if the judgment were implemented and individuals unregistered based on the district court's ruling, it would cause significant disruption if the Sixth Circuit later reversed that decision on appeal. The case is ongoing. 

 

Summary Authors

Renuka Wagh (4/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62646259/parties/doe-a-v-whitmer/


Judge(s)
Attorney for Plaintiff

Appiagyei-Dankah, Ewurama (Michigan)

Aukerman, Miriam J. (Michigan)

Carbajal, Lauren J. (Michigan)

Attorney for Defendant

Clark, Keith (Michigan)

Expert/Monitor/Master/Other

Campau, Joan (Michigan)

show all people

Documents in the Clearinghouse

Document
1

2:22-cv-10209

Verified Class Action Complaint

Does v. Whitmer

Feb. 2, 2022

Feb. 2, 2022

Complaint
41

2:22-cv-10209

Defendants Motion to Dismiss for Failure to State a Claim

May 31, 2022

May 31, 2022

Pleading / Motion / Brief
123

2:22-cv-10209

Plaintiffs' Motion for Summary Judgment

Oct. 2, 2023

Oct. 2, 2023

Pleading / Motion / Brief
158

2:22-cv-10209

Opinion and Order (1) Granting in Part Plaintiffs’ Motion for Summary Judgment (Dkt. 123) and (2) Granting in Part Defendants’ Motion for Summary Judgment(Dkt. 129)

Sept. 27, 2024

Sept. 27, 2024

Order/Opinion

751 F.Supp.3d 761

171

2:22-cv-10209

Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motion for Judgment

March 26, 2025

March 26, 2025

Order/Opinion

2025 WL 914129

172

2:22-cv-10209

Judgment

March 26, 2025

March 26, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62646259/doe-a-v-whitmer/

Last updated Aug. 18, 2025, 1:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by John Doe F, John Doe C, John Doe G, Mary Doe, John Doe B, John Doe H, John Doe A, John Doe D, Mary Roe, John Doe E against Gretchen Whitmer, Col. Joseph Gaspar. Plaintiff requests summons issued. Receipt No: AMIEDC-8777915 - Fee: $ 402. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): Eastern District of Michigan, 21-cv-12843, Judge Mark A. Goldsmith] (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Named Plaintiffs Declarations Verifying Complaint, # 3 Exhibit 2. Summary of SORA 2021's Obligations, Disabilities, and Restraints, # 4 Exhibit 3. Dr. Karl Hanson Expert Report, # 5 Exhibit 4. Dr. Elizabeth Letourneau Expert Report, # 6 Exhibit 5. Dr. J.J. Prescott Expert Report, # 7 Exhibit 6. Dr. Kelly Socia Expert Report, # 8 Exhibit 7. Dr. Kristen Zgoba Expert Report, # 9 Exhibit 8. Dr. John Ulrich Expert Report, # 10 Exhibit 9. Dr. Sarah Lageson Expert Report, # 11 Exhibit 10. Barbara Levine Expert Report, # 12 Exhibit 11. Anne Yantus Expert Report, # 13 Exhibit 12. Richard Stapleton Expert Report, # 14 Exhibit 13. Does I Stipulated Final Judgment, No. 2:12-cv-11194, R. 153, # 15 Exhibit 14. SORA 2021 with Highlighted Changes Showing 2011 and 2021 Amendments, # 16 Exhibit 15. Michigan State Police Letter to Registrants Re SORA 2021, # 17 Exhibit 16. Explanation of Duties, # 18 Exhibit 17. Michigan Sex Offender Registry Mail-In Update Form, # 19 Exhibit 18. Judgment of Sentence Form CC 219b, # 20 Exhibit 19. Pre-2021 Explanation of Duties (Redacted), # 21 Exhibit 20. Petition to Discontinue Sex Offender Registration, Form MC 406a, # 22 Exhibit 21. Order on Petition to Discontinue Sex Offender Registration, Form 406b) (Aukerman, Miriam) (Entered: 02/02/2022)

1 Index of Exhibits

View on RECAP

2 Exhibit 1. Named Plaintiffs Declarations Verifying Complaint

View on RECAP

3 Exhibit 2. Summary of SORA 2021's Obligations, Disabilities, and Restraints

View on RECAP

4 Exhibit 3. Dr. Karl Hanson Expert Report

View on RECAP

5 Exhibit 4. Dr. Elizabeth Letourneau Expert Report

View on RECAP

6 Exhibit 5. Dr. J.J. Prescott Expert Report

View on RECAP

7 Exhibit 6. Dr. Kelly Socia Expert Report

View on RECAP

8 Exhibit 7. Dr. Kristen Zgoba Expert Report

View on RECAP

9 Exhibit 8. Dr. John Ulrich Expert Report

View on RECAP

10 Exhibit 9. Dr. Sarah Lageson Expert Report

View on RECAP

11 Exhibit 10. Barbara Levine Expert Report

View on RECAP

12 Exhibit 11. Anne Yantus Expert Report

View on RECAP

13 Exhibit 12. Richard Stapleton Expert Report

View on RECAP

14 Exhibit 13. Does I Stipulated Final Judgment, No. 2:12-cv-11194, R. 153

View on RECAP

15 Exhibit 14. SORA 2021 with Highlighted Changes Showing 2011 and 2021 Amendments

View on RECAP

16 Exhibit 15. Michigan State Police Letter to Registrants Re SORA 2021

View on RECAP

17 Exhibit 16. Explanation of Duties

View on RECAP

18 Exhibit 17. Michigan Sex Offender Registry Mail-In Update Form

View on RECAP

19 Exhibit 18. Judgment of Sentence Form CC 219b

View on RECAP

20 Exhibit 19. Pre-2021 Explanation of Duties (Redacted)

View on RECAP

21 Exhibit 20. Petition to Discontinue Sex Offender Registration, Form MC 406a

View on RECAP

22 Exhibit 21. Order on Petition to Discontinue Sex Offender Registration, Form 406

View on RECAP

Feb. 2, 2022

Feb. 2, 2022

Clearinghouse
2

NOTICE of Appearance by Rohit Rajan on behalf of All Plaintiffs. (Rajan, Rohit) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
3

NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
4

MOTION to Proceed Pseudonymously by All Plaintiffs. (Attachments: # 1 Exhibit 1: Proposed Protective Order) (Aukerman, Miriam) (Entered: 02/02/2022)

1 Exhibit 1: Proposed Protective Order

View on RECAP

Feb. 2, 2022

Feb. 2, 2022

RECAP
5

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Miriam Aukerman Resume, # 3 Exhibit 2: Paul Reingold Resume, # 4 Exhibit 3: Roshna Bala Keen Resume) (Aukerman, Miriam)[AND FOR APPOINTMENT OF CLASS COUNSEL] Modified on 2/3/2022 (DPer). (Entered: 02/02/2022)

1 Index of Exhibits

View on RECAP

2 Exhibit 1: Miriam Aukerman Resume

View on RECAP

3 Exhibit 2: Paul Reingold Resume

View on RECAP

4 Exhibit 3: Roshna Bala Keen Resume

View on RECAP

Feb. 2, 2022

Feb. 2, 2022

RECAP
6

MOTION for Leave to File Excess Pages by All Plaintiffs. (Aukerman, Miriam) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
7

MOTION for Preliminary Injunction by All Plaintiffs. (Aukerman, Miriam) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
8

NOTICE by All Plaintiffs re 1 Complaint,,,,,,,, Under Local Rule 83.11(b) (Aukerman, Miriam) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
9

SUMMONS Issued for *Gretchen Whitmer* (DPer) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

RECAP
10

SUMMONS Issued for *Col. Joseph Gaspar* (DPer) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

RECAP
11

NOTICE of Appearance by Paul D. Reingold on behalf of All Plaintiffs. (Reingold, Paul) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

RECAP
12

ORDER REASSIGNING CASE from District Judge Paul D. Borman and Magistrate Judge Kimberly G. Altman to District Judge Mark A. Goldsmith and Magistrate Judge Curtis Ivy, Jr. (SSch) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

RECAP
13

NOTICE of Appearance by Roshna B. Keen on behalf of John Doe A. (Keen, Roshna) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

RECAP
14

NOTICE of Appearance by Roshna B. Keen on behalf of Mary Doe, John Doe B, John Doe C, John Doe D, John Doe E, John Doe F, John Doe G, John Doe H, Mary Roe. (Keen, Roshna) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

RECAP
15

ORDER Regarding Filings. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

RECAP
16

CERTIFICATE of Service/Summons Returned Executed. Gretchen Whitmer served on 2/14/2022, answer due 3/7/2022. (Aukerman, Miriam) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

RECAP
17

CERTIFICATE of Service/Summons Returned Executed. Joseph Gaspar served on 2/16/2022, answer due 3/9/2022. (Aukerman, Miriam) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

RECAP
18

CERTIFICATE OF SERVICE re 2 Notice of Appearance, 6 MOTION for Leave to File Excess Pages, 3 Notice of Appearance, 1 Complaint,,,,,,,, 4 MOTION to Proceed Pseudonymously, 7 MOTION for Preliminary Injunction, 5 MOTION to Certify Class, 8 Notice (Other) by All Plaintiffs (Aukerman, Miriam) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

RECAP
19

CERTIFICATE OF SERVICE re 2 Notice of Appearance, 6 MOTION for Leave to File Excess Pages, 3 Notice of Appearance, 1 Complaint,,,,,,,, 4 MOTION to Proceed Pseudonymously, 7 MOTION for Preliminary Injunction, 5 MOTION to Certify Class, 8 Notice (Other) by All Plaintiffs (Aukerman, Miriam) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

RECAP
20

NOTICE of Appearance by Eric M. Jamison on behalf of Joseph Gaspar, Gretchen Whitmer. (Jamison, Eric) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

RECAP
21

NOTICE of Appearance by Elizabeth M. Watza on behalf of Joseph Gaspar, Gretchen Whitmer. (Watza, Elizabeth) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

RECAP
22

STIPULATION AND ORDER to amend case caption. Signed by District Judge Mark A. Goldsmith. (TTho) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

RECAP
23

NOTICE by Joseph Gasper, Gretchen Whitmer Under Local Rules 83.11(b) (Jamison, Eric) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

RECAP
24

RESPONSE to 5 MOTION to Certify Class Opposing Plaintiff's Motion filed by Alyson Oliver. (Oliver, Alyson) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

RECAP
25

NOTICE of Appearance by Keith Clark on behalf of Joseph Gasper, Gretchen Whitmer. (Clark, Keith) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

RECAP
26

REPLY to Response re 5 MOTION to Certify Class filed by All Plaintiffs. (Attachments: # 1 Exhibit Chart Comparing Claims) (Aukerman, Miriam) (Entered: 03/11/2022)

1 Exhibit Chart Comparing Claims

View on RECAP

March 11, 2022

March 11, 2022

RECAP
27

MOTION for Withdrawal of Attorney Elizabeth M. Watza by Joseph Gasper, Gretchen Whitmer. (Watza, Elizabeth) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

RECAP
28

ORDER granting 27 Motion to Withdraw as Attorney.. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

RECAP
29

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 4/8/2022 04:30 PM before District Judge Mark A. Goldsmith (KSan) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

RECAP

Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 4/8/2022 (Court Reporter: None Present, Not on the Record) (KSan)

April 8, 2022

April 8, 2022

PACER

Status Conference

April 8, 2022

April 8, 2022

PACER
30

MEMORANDUM of Case 2:21-cv-12843 Plaintiff's Regarding Proposed Case Management Order 1 by Alyson Oliver (Attachments: # 1 Exhibit A1, # 2 Exhibit A2) (Oliver, Alyson) (Entered: 04/15/2022)

1 Exhibit A1

View on RECAP

2 Exhibit A2

View on RECAP

April 15, 2022

April 15, 2022

RECAP
31

ORDER Regarding Scheduling and Pending Motions. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

RECAP
32

STATEMENT of Defendants' Statement Regarding Appointment of Class Counsel by Joseph Gasper, Gretchen Whitmer (Jamison, Eric) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP
33

SUPPLEMENTAL BRIEF re 5 MOTION to Certify Class Statement of Does III Plaintiffs Regarding Class Certification and Appointment of Class Counsel filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A: Chart of Cases Stayed or Dismissed After Certification in Does II) (Aukerman, Miriam) (Entered: 04/22/2022)

1 Exhibit Exhibit A: Chart of Cases Stayed or Dismissed After Certification in Doe

View on RECAP

April 22, 2022

April 22, 2022

RECAP
34

ORDER (1) in Case No. 22-cv-10209, Appointing Class Counsel, Granting Plaintiffs' Motion to Proceed Pseudonymously and for a Protective Order (Dkt. 4 ), and Setting Deadlines for Defendants' Filings and (2) Staying Case No. 21-cv-12843. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

RECAP
35

STIPULATED ORDER Granting Class Certification. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

RECAP
36

MOTION to Modify Briefing Schedule by All Plaintiffs. (Aukerman, Miriam) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

RECAP

TEXT-ONLY ORDER: Defendants shall respond to Plaintiffs motion to modify the briefing schedule (Dkt. 36) by noon 5/19/2022. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (KSan)

May 19, 2022

May 19, 2022

PACER

TEXT-ONLY ORDER: Defendants shall respond to Plaintiffs motion to modify the briefing schedule (Dkt. 36 ) by noon 5/19/2022. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (KSan)

May 19, 2022

May 19, 2022

PACER
37

RESPONSE to 36 MOTION to Modify Briefing Schedule filed by Joseph Gasper, Gretchen Whitmer. (Jamison, Eric) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

RECAP
38

STIPULATED PROTECTIVE ORDER. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

RECAP
39

RESPONSE to 7 MOTION for Preliminary Injunction filed by Joseph Gasper, Gretchen Whitmer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Jamison, Eric) (Entered: 05/26/2022)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

May 26, 2022

May 26, 2022

RECAP
40

STIPULATED ORDER RE BRIEFING SCHEDULE. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

RECAP
41

MOTION to dismiss for failure to state a claim by Joseph Gasper, Gretchen Whitmer. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E) (Jamison, Eric) (Entered: 05/31/2022)

1 Index of Exhibits

View on RECAP

2 Exhibit Exhibit A

View on RECAP

3 Exhibit Exhibit B

View on RECAP

4 Exhibit Exhibit C

View on RECAP

5 Exhibit Exhibit D

View on RECAP

6 Exhibit Exhibit E

View on RECAP

May 31, 2022

May 31, 2022

Clearinghouse
42

Joint MOTION for Leave to File Excess Pages and Exceed Footnote Limits by All Plaintiffs. (Rajan, Rohit) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

RECAP
43

REPLY to Response re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Socia Supplemental Declaration) (Rajan, Rohit) (Entered: 07/18/2022)

1 Exhibit 1 - Socia Supplemental Declaration

View on RECAP

July 18, 2022

July 18, 2022

RECAP
44

RESPONSE to 41 MOTION to dismiss for failure to state a claim filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Poxson Report) (Rajan, Rohit) (Entered: 07/18/2022)

1 Exhibit 1 - Poxson Report

View on RECAP

July 18, 2022

July 18, 2022

RECAP
45

ORDER (1) Granting 42 Joint Motion for Leave to File Excess Pages and Exceed Footnote Limits and (2) Denying as Moot Plaintiff's 36 Motion to Modify Briefing Schedule. Signed by District Judge Mark A. Goldsmith. (KWin) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

RECAP
46

NOTICE of Appearance by Scott L. Damich on behalf of Joseph Gasper, Gretchen Whitmer. (Damich, Scott) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

RECAP
47

REPLY to Response re 41 MOTION to dismiss for failure to state a claim filed by Joseph Gasper, Gretchen Whitmer. (Attachments: # 1 Exhibit Exhibit A) (Jamison, Eric) (Entered: 07/29/2022)

1 Exhibit Exhibit A

View on RECAP

July 29, 2022

July 29, 2022

RECAP
48

NOTICE by All Plaintiffs re 44 Response to Motion, 7 MOTION for Preliminary Injunction Supplemental Authorities (Attachments: # 1 Exhibit Exhibit 1: Koch v. Village of Heartland, # 2 Exhibit Exhibit 2: People v. Nunez) (Aukerman, Miriam) (Entered: 08/12/2022)

1 Exhibit Exhibit 1: Koch v. Village of Heartland

View on RECAP

2 Exhibit Exhibit 2: People v. Nunez

View on RECAP

Aug. 12, 2022

Aug. 12, 2022

RECAP
49

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 8/24/2022 04:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. An email will be sent to counsel with the security code. (KSan) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

RECAP

Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 8/24/2022 (Court Reporter: None Present, Not on the Record) (KSan)

Aug. 24, 2022

Aug. 24, 2022

PACER

Status Conference

Aug. 24, 2022

Aug. 24, 2022

PACER
50

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 8/30/2022 04:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. An email with security code will be emailed to counsel. (KSan) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

RECAP

Minute Entry for telephonic proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 8/30/2022 (Court Reporter: None Present, Not on the Record) (KSan)

Aug. 30, 2022

Aug. 30, 2022

PACER

Status Conference

Aug. 30, 2022

Aug. 30, 2022

PACER
51

NOTICE by Joseph Gasper, Gretchen Whitmer Defendants' Notice of Supplemental Authority (Attachments: # 1 Exhibit Exhibit A Does 2.5 Opinion) (Jamison, Eric) (Entered: 09/12/2022)

1 Exhibit Exhibit A Does 2.5 Opinion

View on RECAP

Sept. 12, 2022

Sept. 12, 2022

RECAP
52

[WRONG EVENT USED DOCUMENT IS: PLAINTIFFS RESPONSE TO DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY] NOTICE by All Plaintiffs re 51 Notice (Other) Plaintiffs' Response to Defendants' Notice of Supplemental Authority (Aukerman, Miriam) Modified on 9/14/2022 (LGra). (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

RECAP
53

MOTION for Withdrawal of Attorney Rohit Rajan by Mary Doe, John Doe A, John Doe B, John Doe C, John Doe D, John Doe E, John Doe F, John Doe G, John Doe H, Mary Roe. (Rajan, Rohit) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

RECAP
54

ORDER (1) Denying Without Prejudice Plaintiffs' Motion for Preliminary Injunction (Dkt. 7 ) and (2) Denying Without Prejudice Defendants' Motion to Dismiss (Dkt. 41 ). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
55

ORDER Regarding Scheduling Conference. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
56

NOTICE TO APPEAR BY VIDEO CONFERENCE: Scheduling Conference set for 10/13/2022 01:30 PM before District Judge Mark A. Goldsmith (KSan) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
57

ORDER granting 53 Motion to Withdraw as Attorney.. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
58

ANSWER to Complaint with Affirmative Defenses Defendants Gretchen Whitmer and Col. Joseph Gasper Answer to Verified Class Action Complaint by Joseph Gasper, Gretchen Whitmer. (Jamison, Eric) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
59

NOTICE TO APPEAR BY VIDEO CONFERENCE: Scheduling Conference RESET for 10/13/2022 01:00 PM before District Judge Mark A. Goldsmith (TIME CHANGE ONLY) (KSan) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

RECAP
60

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Aukerman, Miriam) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

RECAP
61

STATEMENT of Plaintiffs' Statement in Advance of Oct. 13, 2022 Status Conference by All Plaintiffs (Aukerman, Miriam) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

RECAP
62

STATEMENT of Defendants' Response to Plaintiff's Statement in Advance of October 13, 2022, Status Conference by Joseph Gasper, Gretchen Whitmer (Jamison, Eric) (Entered: 10/10/2022)

Oct. 10, 2022

Oct. 10, 2022

RECAP

Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Scheduling Conference held on 10/13/2022 (Court Reporter: None Present, Not on the Record) (KSan)

Oct. 13, 2022

Oct. 13, 2022

PACER

Scheduling Conference

Oct. 13, 2022

Oct. 13, 2022

PACER
63

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 10/24/2022 04:30 PM before District Judge Mark A. Goldsmith (KSan) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

RECAP
64

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference RESET for 10/28/2022 11:30 AM before District Judge Mark A. Goldsmith (KSan) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

RECAP
65

STATEMENT of Parties' Statement Regarding Issues Requiring Discovery by All Plaintiffs (Aukerman, Miriam) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

RECAP

Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 10/28/2022. (Court Reporter: None Present, Not on the Record) (KSan)

Oct. 28, 2022

Oct. 28, 2022

PACER

Status Conference

Oct. 28, 2022

Oct. 28, 2022

PACER
66

CASE MANAGEMENT AND SCHEDULING ORDER:( Hearing on Discovery Objections set for 1/12/2023 08:30 AM before District Judge Mark A. Goldsmith, Status Conference set for 5/4/2023 04:00 PM before District Judge Mark A. GoldsmithDiscovery due by 4/18/2023). Signed by District Judge Mark A. Goldsmith. (Refer to image for additional dates) (KSan) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

RECAP
67

STIPULATED ORDER Extending Deadline for Conference. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

RECAP
68

STIPULATED RULE 502 (d) ORDER. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

RECAP
69

FIRST AMENDED STIPULATED PROTECTIVE ORDER. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

RECAP
70

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 12/15/2022 02:30 PM before District Judge Mark A. Goldsmith (KSan) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

RECAP
71

STIPULATED ORDER Extending Deadline for Discovery Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

RECAP
72

NOTICE of Appearance by Syeda F. Davidson on behalf of All Plaintiffs. (Davidson, Syeda) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

RECAP

Status Conference

Dec. 15, 2022

Dec. 15, 2022

PACER

Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 12/15/2022 (Court Reporter: None Present, Not on the Record) (KSan)

Dec. 15, 2022

Dec. 15, 2022

PACER
73

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 12/22/2022 02:00 PM before District Judge Mark A. Goldsmith (KSan) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

RECAP

Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 12/22/2022 (Court Reporter: None Present, Not on the Record) (KSan)

Dec. 22, 2022

Dec. 22, 2022

PACER

Status Conference

Dec. 22, 2022

Dec. 22, 2022

PACER
74

ORDER Following Status Conference ( Hearing on Discovery Objections set for 1/12/2023 10:30 AM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

RECAP
75

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 12/29/2022 10:00 AM before District Judge Mark A. Goldsmith (KSan) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

RECAP

Minute Entry for virtual proceedings before District Judge Mark A. Goldsmith: Status Conference held on 12/29/2022 (Court Reporter: None Present, Not on the Record) (KSan)

Dec. 29, 2022

Dec. 29, 2022

PACER

Status Conference

Dec. 29, 2022

Dec. 29, 2022

PACER
76

STIPULATED ORDER Moving the Start Time of the January 12 2023 Discovery Hearing ( Hearing reset for 1/12/2023 01:00 PM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

RECAP
77

Joint Status Report REPORT by All Plaintiffs (Aukerman, Miriam) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

RECAP
78

INDEX of Exhibits re 77 Report (Free) by All Plaintiffs (Attachments: # 1 Exhibit A - Plaintiffs First Requests for Production & First Interrogatories, # 2 Exhibit B - Merged Document with Plaintiffs Excerpted Requests to Admit and Defendants Responses, # 3 Exhibit C - Defendants Responses to First Requests for Production and First Interrogatories, # 4 Exhibit D - Defendants Amended Responses to First Requests for Production, # 5 Exhibit E - Opinion & Order, Does II v. Whitmer, 16-cv-13137 (E.D. Mich.), ECF 121, # 6 Exhibit F - Sample of Does I Law Enforcement Sweep Information, # 7 Exhibit G - Sample of Does I Data on Registry Size, # 8 Exhibit H - MSPs Release of Information Sex Offender Registry Form (Form RI-46)) (Aukerman, Miriam) (Entered: 01/09/2023)

1 Exhibit A - Plaintiffs First Requests for Production & First Interrogatories

View on RECAP

2 Exhibit B - Merged Document with Plaintiffs Excerpted Requests to Admit and Defe

View on RECAP

3 Exhibit C - Defendants Responses to First Requests for Production and First Inte

View on RECAP

4 Exhibit D - Defendants Amended Responses to First Requests for Production

View on RECAP

5 Exhibit E - Opinion & Order, Does II v. Whitmer, 16-cv-13137 (E.D. Mich.), ECF 1

View on RECAP

6 Exhibit F - Sample of Does I Law Enforcement Sweep Information

View on RECAP

7 Exhibit G - Sample of Does I Data on Registry Size

View on RECAP

8 Exhibit H - MSPs Release of Information Sex Offender Registry Form (Form RI-46)

View on RECAP

Jan. 9, 2023

Jan. 9, 2023

RECAP
79

Supplemental Joint Status Report re Discovery REPORT by All Plaintiffs (Attachments: # 1 Exhibit A - MDOC Subpoena, # 2 Exhibit B - MDOC Response to Subpoena) (Aukerman, Miriam) (Entered: 01/10/2023)

1 Exhibit A - MDOC Subpoena

View on RECAP

2 Exhibit B - MDOC Response to Subpoena

View on RECAP

Jan. 10, 2023

Jan. 10, 2023

RECAP
80

Index of Exhibits REPORT re 77 by Joseph Gasper, Gretchen Whitmer (Attachments: # 1 Exhibit Ex I,Defendant Gretchen Whitmer and Col. Joseph Gaspers Amended Responses to Plaintiffs First Request for Production, # 2 Exhibit Ex J, Defendant Gretchen Whitmer and Col. Joseph Gaspers Amended Responses to Plaintiffs First Interrogatories) (Jamison, Eric) (Entered: 01/11/2023)

1 Exhibit Ex I,Defendant Gretchen Whitmer and Col. Joseph Gaspers Amended Response

View on RECAP

2 Exhibit Ex J, Defendant Gretchen Whitmer and Col. Joseph Gaspers Amended Respons

View on RECAP

Jan. 11, 2023

Jan. 11, 2023

RECAP

Minute Entry for in-person proceedings before District Judge Mark A. Goldsmith: Hearing on discovery disputes held on 1/12/2023. (Court Reporter: David Yarbrough) (KSan)

Jan. 12, 2023

Jan. 12, 2023

PACER

Miscellaneous Hearing

Jan. 12, 2023

Jan. 12, 2023

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 2, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs represent a class of all individuals who are or will be subject to registration under Michigan's Sex Offenders Registration Act

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Michigan, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Ex Post Facto

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

General/Misc.:

Sex offender regulation