Case: Lindke v. Freed

2:20-cv-10872 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 3, 2020

Case Ongoing

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Case Summary

This is a case challenging a state official’s efforts to suppress unfavorable viewpoints on Facebook. On April 3, 2020, a resident of the City of Port Huron, Michigan filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiff sued the City Manager of the City of Port Huron in both his individual and official capacities, asserting First Amendment violations. The plaintiff alleged that the defendant, acting in his official role, deleted Facebook comments tha…

This is a case challenging a state official’s efforts to suppress unfavorable viewpoints on Facebook.

On April 3, 2020, a resident of the City of Port Huron, Michigan filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiff sued the City Manager of the City of Port Huron in both his individual and official capacities, asserting First Amendment violations. The plaintiff alleged that the defendant, acting in his official role, deleted Facebook comments that were critical of city officials or policies, and banned the plaintiff from posting further comments. The plaintiff sought declaratory and injunctive relief barring future First Amendment violations, along with damages. The case was assigned to District Judge Mark A. Goldsmith.

On February 17, 2021, the defendant moved for summary judgment. He argued that he was not acting under the color of state law, that a Facebook page was not a public forum, and that he was entitled to qualified immunity.

On September 27, 2021, the court granted the defendant’s motion for summary judgment. Judge Goldsmith held that the defendant’s Facebook activity was not state action that required him to conform to constitutional requirements. 563 F.Supp.3d 704. That same day, the plaintiff appealed to the U.S. Court of Appeals for the Sixth Circuit.

On June 27, 2022, the Sixth Circuit affirmed the district court’s order granting the defendant’s motion for summary judgment. The court held that the defendant's Facebook activity did not constitute state action. 37 F.4th 1199.

On July 18, 2022, the plaintiff filed a petition for en banc rehearing in the Sixth Circuit. The court denied the petition on August 5, 2022.

On December 29, 2022, the plaintiff filed a petition for a writ of certiorari to the U.S. Supreme Court, which was granted on April 24, 2023. On March 15, 2024, the Supreme Court vacated and remanded the Sixth Circuit’s decision. The unanimous Court held that when a government official posts about job-related topics on social media, such speech is attributable to the State only if the official possessed actual authority to speak on the State’s behalf, and if the official purported to exercise that authority when he spoke on social media. 144 S.Ct. 756.

On August 21, 2024, the Sixth Circuit remanded the case to the district court.

On May 27, 2026, the defendant moved for summary judgment in the district court. He argued that he was entitled to qualified immunity, that the plaintiff could not establish state action, and that there was no reasonable expectation that he would delete the plaintiff’s comments when the Facebook page no longer existed.

This case is ongoing.

Summary Authors

Alexis Gil (8/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17043105/parties/lindke-v-freed/

Judge(s)

Goldsmith, Mark Allan (Michigan)

Attorney for Plaintiff

Ellison, Philip L. (Michigan)

Attorney for Defendant

Ferres, Victoria R. (Michigan)

Expert/Monitor/Master/Other

Fallow, Katherine (Michigan)

Krent, Stephanie (Michigan)

Judge(s)

Goldsmith, Mark Allan (Michigan)

Attorney for Plaintiff

Ellison, Philip L. (Michigan)

Lambert, Thomas J (Michigan)

Attorney for Defendant

Ferres, Victoria R. (Michigan)

Shoudy, Todd J. (Michigan)

Other

Fallow, Katherine (Michigan)

Krent, Stephanie (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:20-cv-10872	Complaint	April 3, 2020	April 3, 2020 Complaint
23 2:20-cv-10872	Defendant's Motion for Summary Judgment	Feb. 17, 2021	Feb. 17, 2021 Pleading / Motion / Brief
34 2:20-cv-10872	Opinion & Order Granting Defendant’s Motion For Summary Judgment (Dkt. 23)	Sept. 27, 2021	Sept. 27, 2021 Order/Opinion 563 F.Supp.3d 704
36 2:20-cv-10872	Notice of Appeal	Sept. 27, 2021	Sept. 27, 2021 Pleading / Motion / Brief
40 2:20-cv-10872	Opinion and Judgment U.S. Court of Appeals for the Sixth Circuit	June 27, 2022	June 27, 2022 Order/Opinion 37 F.4th 1199
36 21-02977	[Untitled] Supreme Court of the United States	April 25, 2023	April 25, 2023 Pleading / Motion / Brief
47 2:20-cv-10872	Mandate U.S. Court of Appeals for the Sixth Circuit	Sept. 12, 2024	Sept. 12, 2024 Order/Opinion
68 2:20-cv-10872	Defendant's Motion for Summary Judgment	May 27, 2026	May 27, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17043105/lindke-v-freed/

Last updated Aug. 19, 2026, 2:21 p.m.

Docket for: Lindke v. Freed

ECF Number	Date	Description	Link
1	April 3, 2020	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 View on RECAP 2 Exhibit B - FB Page Posts View on RECAP 3 Exhibit C - CDC COVID Fact Sheet View on RECAP 4 Exhibit EO 2020-4 View on RECAP 5 Exhibit EO 2020-21 View on RECAP	Clearinghouse
2	April 6, 2020	SUMMONS Issued for James R. Freed (LGra) (Entered: 04/06/2020)	RECAP
	April 6, 2020	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option
	April 6, 2020	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)
3	April 10, 2020	ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 04/10/2020)	RECAP
4	April 20, 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)	RECAP
5	May 6, 2020	ATTORNEY APPEARANCE: Todd J. Shoudy appearing on behalf of James R. Freed (Shoudy, Todd) (Entered: 05/06/2020)	RECAP
6	May 6, 2020	ATTORNEY APPEARANCE: Victoria R. Ferres appearing on behalf of James R. Freed (Ferres, Victoria) (Entered: 05/06/2020)	RECAP
7	May 6, 2020	ANSWER to Complaint with Affirmative Defenses with Jury Demand by James R. Freed. (Shoudy, Todd) (Entered: 05/06/2020)	RECAP
8	May 6, 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)	RECAP
9	May 19, 2020	Ex Parte MOTION to Adjourn 8 Order,, Set Deadlines/Hearings, by Kevin Lindke. (Ellison, Philip) (Entered: 05/19/2020)	RECAP
10	May 20, 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)	RECAP
11	May 26, 2020	DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Ellison, Philip) (Entered: 05/26/2020)	RECAP
	June 2, 2020	Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Scheduling Conference held on 6/2/2020. (Sandusky, K)
12	June 10, 2020	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)	RECAP
13	Aug. 6, 2020	MOTION for Protective Order by Kevin Lindke. (Attachments: # 1 Exhibit A - Discovery Request) (Ellison, Philip) (Entered: 08/06/2020)	RECAP
14	Aug. 20, 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)	RECAP
15	Aug. 21, 2020	ORDER STRIKING DOCUMENT (Dkt. 14). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 08/21/2020)	RECAP
16	Aug. 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)	RECAP
17	Sept. 16, 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)	RECAP
	Sept. 30, 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)
	Sept. 30, 2020	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)
	Sept. 30, 2020	Text-Only Order
19	Oct. 30, 2020	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)	RECAP
20	Nov. 2, 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)	RECAP
21	Feb. 15, 2021	Summary Judgment	RECAP
22	Feb. 17, 2021	ORDER STRIKING DOCUMENT (Dkt. 21). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/17/2021)	RECAP
23	Feb. 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 View on RECAP 2 Exhibit Exhibit 1 - Def. James Freed Dep. View on RECAP 3 Exhibit Exhibit 2- Facebook page printout View on RECAP 4 Exhibit Exhibit 3 - Port Huron PD Dept. Facebook Page View on RECAP 5 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 1-19 View on RECAP 6 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 20-30 View on PACER 7 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 31-70 View on PACER 8 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 71-85 View on PACER 9 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 86-89 View on PACER 10 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 100-110 View on PACER 11 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 111-129 View on PACER 12 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 130-141 View on PACER 13 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 142-175 View on PACER 14 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 176-195 View on PACER 15 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 196-215 View on PACER 16 Exhibit Exhibit 4 - Def. James Freed Facebook - Pgs. 216-255 View on PACER 17 Exhibit Exhibit 5 - Plaintiff Kevin Lindke Dep. View on PACER 18 Exhibit Exhibit 6 - Contra Knight v. Trump View on PACER 19 Exhibit Exhibit 7 - German v. Eudaly View on PACER 20 Exhibit Exhibit 8 - Garnier v. Poway View on PACER 21 Exhibit Exhibit 9 - Gay v. Cabinet for Heatlh & Family Servs. Dept. View on PACER 22 Exhibit Exhibit 10 - Miller v. Davis View on PACER 23 Exhibit Exhibit 11 - Bandler v. Town of Woodstock View on PACER	Clearinghouse
24	March 9, 2021	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)	RECAP
25	March 10, 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)	RECAP
	March 15, 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)
	March 15, 2021	Text-Only Order
26	March 22, 2021	Ex Parte MOTION for Leave to File Excess Pages by Kevin Lindke. (Ellison, Philip) (Entered: 03/22/2021)	RECAP
27	March 23, 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)	RECAP
28	March 24, 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 View on PACER 2 Exhibit 1 - Facebook Whats the Difference View on PACER 3 Exhibit 2 - Screenshot of March 26, 2020 Facebook Post View on RECAP 4 Exhibit 3 - JamesRFreed1 Page Profile Information View on RECAP 5 Exhibit 4 - JamesRFreed1 Page Settings View on PACER 6 Exhibit 5 - JamesRFreed1 Facebook Page Posts View on PACER 7 Exhibit 6 - DeWitt Deposition Transcript View on PACER 8 Exhibit 7 - St. John Deposition Transcript View on PACER 9 Exhibit 8 - Woodley Deposition Transcript View on PACER 10 Exhibit 9 - Pecar Deposition Transcript View on PACER 11 Exhibit 10 - Lindke Deposition Transcript View on RECAP 12 Exhibit 11 - Administrative Regulation No. 9-9 (Internet/Electronic Mail) View on PACER 13 Exhibit 12 - Chapter 5, City of Port Huron City Charter View on PACER 14 Exhibit 13 - City Manager Webpage View on PACER 15 Exhibit 14 - City Contact Webpage View on PACER 16 Exhibit 15 - Michigan Governor Twitter Page View on PACER 17 Exhibit 16 - President Biden Tweet View on PACER 18 Exhibit 17 - Senator Shirkey Tweet View on PACER 19 Exhibit 18 - Governor Whitmer Tweet View on PACER 20 Exhibit 19 - Facebook Help Center Your Home Page View on PACER 21 Exhibit 20 - Facebook Help Center How Do I Comment? View on PACER 22 Exhibit 21 - Facebook Help Center How Do I Hide/Delete Comment? View on PACER 23 Exhibit 22 - Facebook Help Center How Do I Ban/Unban? View on PACER	RECAP
29	April 7, 2021	Reply to Response to Motion	RECAP
30	April 7, 2021	ORDER STRIKING DOCUMENT (Dkt. 29 ). Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 04/07/2021)	RECAP
31	April 9, 2021	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)	RECAP
32	April 9, 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)	RECAP
33	April 27, 2021	ORDER Regarding Hearing. Signed by District Judge Mark A. Goldsmith. (KSan) (Entered: 04/27/2021)	RECAP
34	Sept. 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)	Clearinghouse
35	Sept. 27, 2021	JUDGMENT Signed by District Judge Mark A. Goldsmith. (JMcC) (Entered: 09/27/2021)	RECAP
36	Sept. 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)	Clearinghouse
37	Sept. 27, 2021	Certificate of Service re 36 Notice of Appeal. (DPer) (Entered: 09/27/2021)	RECAP
38	Oct. 5, 2021	BILL OF COSTS by James R. Freed (Ferres, Victoria) (Entered: 10/05/2021)	RECAP
39	Oct. 7, 2021	COSTS TAXED in the amount of $1,031.37 against plaintiff (DPer) (Entered: 10/07/2021)	RECAP
40	June 27, 2022	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)	Clearinghouse
41	Aug. 15, 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)	RECAP
42	Jan. 6, 2023	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)	RECAP
43	April 25, 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)	RECAP
44	March 19, 2024	OPINION from U.S. Supreme Court [Appeal Case Number 21-2977] (DJen) (Entered: 03/19/2024)	RECAP
45	April 16, 2024	JUDGMENT from United States Supreme Court [Appeal Case Number 21-2977] (TTho) (Entered: 04/16/2024)	RECAP
46	Aug. 21, 2024	OPINION AND JUDGMENT from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 21-2977] (MCho) (Entered: 08/21/2024)	RECAP
47	Sept. 12, 2024	MANDATE from Sixth Circuit as to 46 Appeal Order/Opinion/Judgment [Appeal Case Number 21-2977] (MSyl) (Entered: 09/12/2024)	Clearinghouse
	March 28, 2025	Text-Only Order
	March 28, 2025	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)
48	April 15, 2025	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
49	April 15, 2025	STIPULATION AND ORDER - Signed by District Judge Mark A. Goldsmith. (CCie) (Entered: 04/15/2025)	RECAP
50	April 30, 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)	RECAP
51	May 16, 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 View on RECAP	RECAP
	May 20, 2025	Minute Entry for remote proceedings before District Judge Mark A. Goldsmith: Status Conference held on 5/20/2025. (Court Reporter: David Yarbrough) (JHea)
52	Oct. 6, 2025	Appear*	RECAP
53	Oct. 21, 2025	Appear*	RECAP
	Oct. 24, 2025	Text-Only Order
54	Nov. 6, 2025	Extend - free	RECAP
55	Nov. 6, 2025	Response to Motion	RECAP
	Nov. 7, 2025	Text-Only Order AND ~Util - Terminate Motions
56	Nov. 12, 2025	Leave to File	RECAP
57	Nov. 26, 2025	Response to Motion	RECAP
58	Dec. 5, 2025	Stipulation and Order	RECAP
59	Dec. 10, 2025	Reply to Response to Motion	RECAP
60	Jan. 5, 2026	Hearing on Motion*	RECAP
61	Jan. 12, 2026	Scheduling Order	RECAP
62	Jan. 13, 2026	Order on Motion for Leave to File	RECAP
63	April 23, 2026	Withdrawal of Attorney	RECAP
64	April 23, 2026	Response to Motion	RECAP
65	April 30, 2026	Hearing on Motion*	RECAP
66	May 4, 2026	Withdraw Motion	RECAP
	May 4, 2026	Text-Only Notice of Hearing Cancelled
67	May 12, 2026	Appearance	RECAP
68	May 27, 2026	Summary Judgment	Clearinghouse
69	May 27, 2026	Summary Judgment	RECAP
70	June 17, 2026	Stipulation and Order	RECAP
71	July 1, 2026	Stipulation and Order	RECAP
72	July 2, 2026	Response to Motion	RECAP
73	July 2, 2026	Response to Motion	RECAP
74	July 6, 2026	STIPULATED ORDER FOR ADDITIONAL PAGE LENGTH. Signed by District Judge Mark A. Goldsmith. (JHea) (Entered: 07/06/2026)	RECAP
75	July 16, 2026	REPLY to Response re 69 MOTION for Summary Judgment AS TO LIABILITY AND FOR INJUNCTIVE AND DECLARATORY RELIEF LEAVING THE MATTER OF DAMAGES TO THE LINDKE JURY filed by Kevin Lindke. (Ellison, Philip) (Entered: 07/16/2026)	RECAP
76	July 16, 2026	REPLY to Response re 68 MOTION for Summary Judgment filed by James R. Freed. (Ferres, Victoria) (Entered: 07/16/2026)	RECAP