Case: Lindke v. Freed

COMPLAINT filed by Kevin Lindke against James R. Freed with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-7721829 - Fee: $ 400. County of 1st Plaintiff: St Clair - County Where Action Arose: St Clair - County of 1st Defendant: St Clair. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A - FB Page Info, # 2 Exhibit B - FB Page Posts, # 3 Exhibit C - CDC COVID Fact Sheet, # 4 Exhibit EO 2020-4, # 5 Exhibit EO 2020-21) (Ellison, Philip) (Entered: 04/03/2020)

1 Exhibit A - FB Page Info

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2 Exhibit B - FB Page Posts

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3 Exhibit C - CDC COVID Fact Sheet

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4 Exhibit EO 2020-4

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5 Exhibit EO 2020-21

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

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra)

SUMMONS Issued for *James R. Freed* (LGra) (Entered: 04/06/2020)

ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 04/10/2020)

CERTIFICATE of Service/Summons Returned Executed. James R. Freed served on 4/16/2020, answer due 5/7/2020. (Ellison, Philip) (Entered: 04/20/2020)

ATTORNEY APPEARANCE: Todd J. Shoudy appearing on behalf of James R. Freed (Shoudy, Todd) (Entered: 05/06/2020)

ATTORNEY APPEARANCE: Victoria R. Ferres appearing on behalf of James R. Freed (Ferres, Victoria) (Entered: 05/06/2020)

ANSWER to Complaint with Affirmative Defenses with Jury Demand by James R. Freed. (Shoudy, Todd) (Entered: 05/06/2020)

ORDER Regarding Telephonic Scheduling Conference ( TELEPHONIC Scheduling Conference set for 5/26/2020 at 11:00 AM before District Judge Mark A. Goldsmith). Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/06/2020)

Ex Parte MOTION to Adjourn 8 Order,, Set Deadlines/Hearings, by Kevin Lindke. (Ellison, Philip) (Entered: 05/19/2020)

ORDER Granting Plaintiffs' Unopposed Motion to Adjourn Scheduling Conference (Dkt. 9 ) ( TELEPHONIC Scheduling Conference RESET for 6/2/2020 11:00 AM before District Judge Mark A. Goldsmith). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/20/2020)

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Ellison, Philip) (Entered: 05/26/2020)

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Scheduling Conference held on 6/2/2020. (Sandusky, K)

CASE MANAGEMENT AND SCHEDULING ORDER: ADR Telephonic Status Conference set for 9/30/2020 at 11:00 AM before District Judge Mark A. Goldsmith, Fact Discovery due by 11/1/2020, Expert Discovery due by 12/1/2020, Dispositive Motion Cut-off set for 12/15/2020, Final Settlement Conference set for 4/19/2021 at 01:30 PM before District Judge Mark A. Goldsmith, Final Pretrial Conference set for 5/10/2021 at 01:30 PM before District Judge Mark A. Goldsmith, and Jury Trial set for 5/24/2021 at 08:30 AM before District Judge Mark A. Goldsmith. Signed by District Judge Mark A. Goldsmith. (Refer to image for additional dates) (Sandusky, K) (Entered: 06/10/2020)

MOTION for Protective Order by Kevin Lindke. (Attachments: # 1 Exhibit A - Discovery Request) (Ellison, Philip) (Entered: 08/06/2020)

[STRICKEN] RESPONSE to 13 MOTION for Protective Order filed by James R. Freed. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1 - First Set of Interrogatories and Request for Production of Documents to Plaintiff) (Shoudy, Todd) Modified on 8/21/2020 (Sandusky, K). (Entered: 08/20/2020)

ORDER STRIKING DOCUMENT (Dkt. 14). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 08/21/2020)

RESPONSE to 13 MOTION for Protective Order filed by James R. Freed. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 - First Set of Interrogatories and Requests for Production of Documents to Plaintiff) (Shoudy, Todd) (Entered: 08/21/2020)

ORDER Setting Telephonic Status Conference ( TELEPHONIC Status Conference set for 9/30/2020 11:00 AM before District Judge Mark A. Goldsmith). Plaintiffs counsel shall initiate the call, and then include the Court by calling (313) 234-5240 when all parties are on the line. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 09/16/2020)

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 9/30/2020. (Court Reporter: None Present, Not on the Record) (Sandusky, K)

TEXT-ONLY ORDER: Docket entry 18 is stricken. Docket entry was made on wrong case. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

Text-Only Order

STIPULATED ORDER to Extend Dates in Scheduling Order ( Discovery due by 1/4/2021, Dispositive Motion Cut-off set for 2/15/2021) Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 10/30/2020)

OPINION & ORDER Granting In Part Plaintiff's Motion for Protective Order (Dkt. 13 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 11/02/2020)

Summary Judgment

ORDER STRIKING DOCUMENT (Dkt. 21). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/17/2021)

MOTION for Summary Judgment by James R. Freed. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1 - Def. James Freed Dep., # 3 Exhibit Exhibit 2- Facebook page printout, # 4 Exhibit Exhibit 3 - Port Huron PD Dept. Facebook Page, # 5 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 1-19, # 6 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 20-30, # 7 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 31-70, # 8 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 71-85, # 9 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 86-89, # 10 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 100-110, # 11 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 111-129, # 12 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 130-141, # 13 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 142-175, # 14 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 176-195, # 15 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 196-215, # 16 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 216-255, # 17 Exhibit Exhibit 5 - Plaintiff Kevin Lindke Dep., # 18 Exhibit Exhibit 6 - Contra Knight v. Trump, # 19 Exhibit Exhibit 7 - German v. Eudaly, # 20 Exhibit Exhibit 8 - Garnier v. Poway, # 21 Exhibit Exhibit 9 - Gay v. Cabinet for Heatlh & Family Servs. Dept., # 22 Exhibit Exhibit 10 - Miller v. Davis, # 23 Exhibit Exhibit 11 - Bandler v. Town of Woodstock) (Shoudy, Todd) (Entered: 02/17/2021)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1 - Def. James Freed Dep.

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3 Exhibit Exhibit 2- Facebook page printout

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4 Exhibit Exhibit 3 - Port Huron PD Dept. Facebook Page

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5 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 1-19

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6 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 20-30

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7 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 31-70

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8 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 71-85

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9 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 86-89

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10 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 100-110

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11 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 111-129

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12 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 130-141

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13 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 142-175

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14 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 176-195

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15 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 196-215

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16 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 216-255

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17 Exhibit Exhibit 5 - Plaintiff Kevin Lindke Dep.

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18 Exhibit Exhibit 6 - Contra Knight v. Trump

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19 Exhibit Exhibit 7 - German v. Eudaly

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20 Exhibit Exhibit 8 - Garnier v. Poway

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21 Exhibit Exhibit 9 - Gay v. Cabinet for Heatlh & Family Servs. Dept.

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22 Exhibit Exhibit 10 - Miller v. Davis

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23 Exhibit Exhibit 11 - Bandler v. Town of Woodstock

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MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment by Kevin Lindke. (Ellison, Philip) (Entered: 03/09/2021)

ORDER Granting Motion for Extension of Time to File Response (Dkt. 24 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 03/10/2021)

TEXT-ONLY ORDER: All remaining dates in the Case Management and Scheduling Order (Dkt. 12 ) are adjourned until further order of the Court. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

Text-Only Order

Ex Parte MOTION for Leave to File Excess Pages by Kevin Lindke. (Ellison, Philip) (Entered: 03/22/2021)

ORDER Granting In Part Motion for Leave to Fil Excess Pages (Dkt. 24 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 03/23/2021)

RESPONSE to 23 MOTION for Summary Judgment filed by Kevin Lindke. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Facebook Whats the Difference, # 3 Exhibit 2 - Screenshot of March 26, 2020 Facebook Post, # 4 Exhibit 3 - JamesRFreed1 Page Profile Information, # 5 Exhibit 4 - JamesRFreed1 Page Settings, # 6 Exhibit 5 - JamesRFreed1 Facebook Page Posts, # 7 Exhibit 6 - DeWitt Deposition Transcript, # 8 Exhibit 7 - St. John Deposition Transcript, # 9 Exhibit 8 - Woodley Deposition Transcript, # 10 Exhibit 9 - Pecar Deposition Transcript, # 11 Exhibit 10 - Lindke Deposition Transcript, # 12 Exhibit 11 - Administrative Regulation No. 9-9 (Internet/Electronic Mail), # 13 Exhibit 12 - Chapter 5, City of Port Huron City Charter, # 14 Exhibit 13 - City Manager Webpage, # 15 Exhibit 14 - City Contact Webpage, # 16 Exhibit 15 - Michigan Governor Twitter Page, # 17 Exhibit 16 - President Biden Tweet, # 18 Exhibit 17 - Senator Shirkey Tweet, # 19 Exhibit 18 - Governor Whitmer Tweet, # 20 Exhibit 19 - Facebook Help Center Your Home Page, # 21 Exhibit 20 - Facebook Help Center How Do I Comment?, # 22 Exhibit 21 - Facebook Help Center How Do I Hide/Delete Comment?, # 23 Exhibit 22 - Facebook Help Center How Do I Ban/Unban?) (Ellison, Philip) (Entered: 03/24/2021)

1 Index of Exhibits

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2 Exhibit 1 - Facebook Whats the Difference

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3 Exhibit 2 - Screenshot of March 26, 2020 Facebook Post

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4 Exhibit 3 - JamesRFreed1 Page Profile Information

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5 Exhibit 4 - JamesRFreed1 Page Settings

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6 Exhibit 5 - JamesRFreed1 Facebook Page Posts

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7 Exhibit 6 - DeWitt Deposition Transcript

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8 Exhibit 7 - St. John Deposition Transcript

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9 Exhibit 8 - Woodley Deposition Transcript

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10 Exhibit 9 - Pecar Deposition Transcript

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11 Exhibit 10 - Lindke Deposition Transcript

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12 Exhibit 11 - Administrative Regulation No. 9-9 (Internet/Electronic Mail)

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13 Exhibit 12 - Chapter 5, City of Port Huron City Charter

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14 Exhibit 13 - City Manager Webpage

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15 Exhibit 14 - City Contact Webpage

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16 Exhibit 15 - Michigan Governor Twitter Page

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17 Exhibit 16 - President Biden Tweet

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18 Exhibit 17 - Senator Shirkey Tweet

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19 Exhibit 18 - Governor Whitmer Tweet

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20 Exhibit 19 - Facebook Help Center Your Home Page

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21 Exhibit 20 - Facebook Help Center How Do I Comment?

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22 Exhibit 21 - Facebook Help Center How Do I Hide/Delete Comment?

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23 Exhibit 22 - Facebook Help Center How Do I Ban/Unban?

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ORDER STRIKING DOCUMENT (Dkt. 29 ). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 04/07/2021)

Reply to Response to Motion

REPLY to Response re 23 MOTION for Summary Judgment filed by James R. Freed. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1 - Def James R. Freed's FB Page printout, # 3 Exhibit Exhibit 2 - james.freed.3192 FB Acct. printout, # 4 Exhibit Exhibit 4 - Def James R. Freed FB Profile printout) (Shoudy, Todd) (Entered: 04/09/2021)

EXHIBIT Exhibit 3 - Defendant James R. Freeds Facebook Page login account printout re 31 Reply to Response to Motion, by James R. Freed (Shoudy, Todd) (Entered: 04/09/2021)

ORDER Regarding Hearing. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 04/27/2021)

OPINION AND ORDER Granting Defendant's Motion for Motion for Summary Judgment (Dkt. 23 ). Signed by District Judge Mark A. Goldsmith. (JMcC) (Entered: 09/27/2021)

JUDGMENT Signed by District Judge Mark A. Goldsmith. (JMcC) (Entered: 09/27/2021)

NOTICE OF APPEAL by Kevin Lindke re 35 Judgment. Receipt No: AMIEDC-8629986 - Fee: $ 505 - Fee Status: Fee Paid. (Ellison, Philip) (Entered: 09/27/2021)

Certificate of Service re 36 Notice of Appeal. (DPer) (Entered: 09/27/2021)

BILL OF COSTS by James R. Freed (Ferres, Victoria) (Entered: 10/05/2021)

COSTS TAXED in the amount of $1,031.37 against plaintiff (DPer) (Entered: 10/07/2021)

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 36 Notice of Appeal filed by Kevin Lindke [Appeal Case Number 21-2977] (TTho) (Entered: 06/27/2022)

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 40 Appeal Order/Opinion/Judgment, 36 Notice of Appeal filed by Kevin Lindke [Appeal Case Number 21-2977] (TTho) (Entered: 08/15/2022)

LETTER from the US Supreme Court that a petition for writ of certiorari was filed on 12/29/2022. [Supreme Court Case Number: 22-611] [Court of Appeals Case Number: 21-2977] (SKra) (Entered: 01/06/2023)

LETTER from the US Supreme Court granting the petition for writ of certiorari [Supreme Court Case Number: 22-611] [Court of Appeals Case Number: 21-2977] (SKra) (Entered: 04/25/2023)

OPINION from U.S. Supreme Court [Appeal Case Number 21-2977] (DJen) (Entered: 03/19/2024)

JUDGMENT from United States Supreme Court [Appeal Case Number 21-2977] (TTho) (Entered: 04/16/2024)

OPINION AND JUDGMENT from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 21-2977] (MCho) (Entered: 08/21/2024)

MANDATE from Sixth Circuit as to 46 Appeal Order/Opinion/Judgment [Appeal Case Number 21-2977] (MSyl) (Entered: 09/12/2024)

Text-Only Order

TEXT-ONLY ORDER: The parties must file on the docket, within 14 days, a joint statement setting forth their points of agreement and disagreement (if any) regarding what further proceedings are required in this case - Entered by District Judge Mark A. Goldsmith. (CCie)

JOINT STATEMENT of REGARDING FURTHER PROCEEDINGS by Kevin Lindke (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Ellison, Philip) (Entered: 04/15/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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STIPULATION AND ORDER - Signed by District Judge Mark A. Goldsmith. (CCie) (Entered: 04/15/2025)

NOTICE TO APPEAR REMOTELY: Status Conference set for 5/20/2025 at 4:00 PM before District Judge Mark A. Goldsmith. (HRya) (Entered: 04/30/2025)

NOTICE by Kevin Lindke of New Authority (Attachments: # 1 Exhibit 9th Cir Garnier Decision) (Ellison, Philip) (Entered: 05/16/2025)

1 Exhibit 9th Cir Garnier Decision

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Minute Entry for remote proceedings before District Judge Mark A. Goldsmith: Status Conference held on 5/20/2025. (Court Reporter: David Yarbrough) (JHea)