Case: State of Michigan v. Noem

State of Michigan et al. v. Noem et al.

State of Michigan et al. v. Noem et al.

State of Michigan et al. v. Noem et al.

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10049729 Jury Trial Requested: No. Filed by State of Wisconsin, State of Maryland, State of Oregon, State of Michigan, State of Maine, State of Arizona, State of New Mexico, OFFICE OF THE GOVERNOR, ex rel. ANDY BESHEAR; in his official capacity as Governor of the Commonwealth of Kentucky, State of Nevada, State of Colorado, State of North Carolina, State of Hawaii against Department of Homeland Security, Federal Emergency Management Agency, Kristi Noem, David Richardson (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Proposed Summons). (Howell, Coby) (Entered: 11/04/2025)

1 Civil Cover Sheet

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Proposed Summons

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Notice of Appearance of Neil Giovanatti appearing on behalf of State of Michigan. Filed by on behalf of State of Michigan. (Giovanatti, Neil) (Entered: 11/04/2025)

Notice of Appearance of James Luh appearing on behalf of State of Maryland. Filed by on behalf of State of Maryland. (Luh, James) (Entered: 11/04/2025)

Notice of Appearance of Sarah Hunter Weiss appearing on behalf of State of Colorado. Filed by on behalf of State of Colorado. (Weiss, Sarah) (Entered: 11/05/2025)

Notice of Appearance of Finnuala K. Tessier appearing on behalf of State of Colorado. Filed by on behalf of State of Colorado. (Tessier, Finnuala) (Entered: 11/05/2025)

Notice of Appearance of Daniel Wilkes appearing on behalf of State of North Carolina. Filed by on behalf of State of North Carolina. (Wilkes, Daniel) (Entered: 11/05/2025)

Notice of Appearance of Adam De Bear appearing on behalf of State of Michigan. Adam De Bear,Adam De Bear. Filed by on behalf of State of Michigan. (De Bear, Adam) (Entered: 11/05/2025)

Notice of Case Assignment to Magistrate Judge Amy E. Potter and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/5/2026. Joint Alternate Dispute Resolution Report is due by 4/6/2026. Pretrial Order is due by 4/6/2026. Ordered by Magistrate Judge Amy E. Potter. (le) (Entered: 11/05/2025)

Summons Issued Electronically as to Kristi Noem. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 11/05/2025)

Summons Issued Electronically as to United States Department of Homeland Security. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 11/05/2025)

Summons Issued Electronically as to Federal Emergency Management Agency. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 11/05/2025)

Summons Issued Electronically as to David Richardson. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 11/05/2025)

Notice of Appearance of Kalikoonalani Diara Fernandes, David Dana Day appearing on behalf of State of Hawaii. Filed by on behalf of State of Hawaii. (Fernandes, Kalikoonalani) (Entered: 11/05/2025)

Notice of Appearance of Anjana Samant appearing on behalf of State of New Mexico. Filed by on behalf of State of New Mexico. (Samant, Anjana) (Entered: 11/05/2025)

Affidavit of Service of Summons Issued 9, Summons Issued 12, Summons Issued, 11, Summons Issued, 10 upon All Defendants Filed by State of Oregon. (Howell, Coby) (Entered: 11/05/2025)

Notice of Appearance of Alexandra Lee Yeatts appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Yeatts, Alexandra) (Entered: 11/06/2025)

Notice of Appearance of Kiel Ireland appearing on behalf of State of Nevada. Filed by on behalf of State of Nevada. (Ireland, Kiel) (Entered: 11/06/2025)

Stipulated Proposed Joint Case Management Schedule . Filed by All Plaintiffs. (Howell, Coby) Modified to correct event type on 11/7/2025 (NEF not regenerated). (jk) (Entered: 11/06/2025)

Stipulated Scheduling Order signed on 11/6/2025 by Magistrate Judge Amy E. Potter: Defendants' administrative record is due by 11/19/2025. Plaintiffs' motion for summary judgment is due by 11/24/2025. Defendants' response to Plaintiffs' motion for summary judgment and cross-motion for summary judgment are due by 12/8/2025. Plaintiffs' response to Defendants' cross-motion for summary judgment is due by 12/12/2025. (jk) (Entered: 11/07/2025)

Notice of Appearance of Daniel John Ping appearing on behalf of State of Michigan. Filed by on behalf of State of Michigan. (Ping, Daniel) (Entered: 11/07/2025)

Notice of Appearance of John Edward Belisle appearing on behalf of State of Maine Attorney General. John Edward Belisle,John Edward Belisle for State of Maine,John Edward Belisle,John Edward Belisle,John Edward Belisle for State of Maine. Filed by on behalf of State of Maine. (Belisle, John) (Entered: 11/07/2025)

Notice of Appearance of Lauren Perry appearing on behalf of State of New Mexico. Filed by on behalf of State of New Mexico. (Perry, Lauren) (Entered: 11/07/2025)

Notice of Appearance of Joshua Nomkin appearing on behalf of State of Arizona. Filed by on behalf of State of Arizona. (Nomkin, Joshua) (Entered: 11/12/2025)

Notice of Appearance of Frances Reynolds Colbert appearing on behalf of State of Wisconsin. Filed by on behalf of State of Wisconsin. (Reynolds Colbert, Frances) (Entered: 11/12/2025)

Notice of Implied Consent to Jurisdiction by a Magistrate Judge and Declination of Consent Form. Parties who do not return the form by the deadline will be deemed to have knowingly and voluntarily consented to proceed before a U.S. Magistrate Judge. Declination of Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 12/15/2025. (ck) (Entered: 11/14/2025)

Notice of Appearance of Steven Travis Mayo appearing on behalf of Office of the Governor, ex. rel. Andy Beshear. Filed by on behalf of Office of the Governor, ex. rel. Andy Beshear. (Mayo, Steven) (Entered: 11/17/2025)

Administrative Record . Filed by All Defendants. (Attachments: # 1 Index, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6 Part 1, # 8 Exhibit Exhibit 6 Part 2, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8 Part 1, # 11 Exhibit Exhibit 8 Part 2, # 12 Exhibit Exhibit 8 Part 3, # 13 Exhibit Exhibit 9, # 14 Exhibit Exhibit 10) (Yeatts, Alexandra) (Entered: 11/19/2025)

SCHEDULING ORDER: Oral Argument is set for 12/17/2025 at 09:00AM in Eugene by videoconference before Magistrate Judge Amy E. Potter. Ordered by Magistrate Judge Amy E. Potter. (ck) (Entered: 11/21/2025)

1 - Scheduling

Supplemental Administrative Record . Filed by All Defendants. (Attachments: # 1 Exhibit 11) (Yeatts, Alexandra) (Entered: 11/23/2025)

Motion for Summary Judgment by Plainitff States. Oral Argument requested.Expedited Hearing requested. Filed by State of Michigan. (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Kevin Sweeney (Michigan). Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex A, 10-24-2025 FEMA Information Bulletin) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Susan Dzbanko (Arizona) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex A, AZ HSGP Award) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Gabriel Lavine (Arizona) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex A, AZ EMPG Award (Original), # 2 Attachment Ex B, AZ EMPG Award (Amended)) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Michael J. Haney (Colorado) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex 1, CO HSGP Award, # 2 Attachment Ex 2, CO EMPG Award (Original), # 3 Attachment Ex 3, CO EMPG Award (Amended)) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Lauran Mark (Hawai'i) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex A, HI EMPG Award (Original), # 2 Attachment Ex B, HI EMPG Award (Amended)) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Frank Pace (Hawai'i) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex A, HI HSGP Award) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Eric Gibson (Kentucky) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex 1, KY EMPG Awards, 2022-2025, # 2 Attachment Ex 2, KY EMPG Award (Amended)) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Josiah Keats (Kentucky) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex 1, KY HSGP Awards, # 2 Attachment Ex 2, 10-24-2025 FEMA Information Bulletin) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Peter Rogers (Maine) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex 1, ME EMPG Award (Amended), # 2 Attachment Ex 2, ME HSGP Award) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Russell J. Strickland (Maryland) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex 1, MD EMPG Award (Original), # 2 Attachment Ex 2, MD EMPG Award (Amended), # 3 Attachment Ex 3, MD HSGP Award) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Brett D. Compston (Nevada) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex 1, NV HSGP Award) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Patricia Olmstead (Nevada) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Ali Rye (New Mexico) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex A, NM HSGP Award, # 2 Attachment Ex B, NM EMPG Award (Original), # 3 Attachment Ex C, NM EMPG Award (Amended)) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of William Ray (North Carolina) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Attach 1, NC HSGP Award, # 2 Attachment Attach 2, NC EMPG Award (Original), # 3 Attachment Attach 3, NC EMPG Award (Amended)) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Erin McMahon (Oregon) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex 3, OR EMPG Award (Original), # 2 Attachment Ex 4, OR EMPG Award (Amended), # 3 Attachment Ex 5, OR HSGP Award) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Greg Engle (Wisconsin) . Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Attachments: # 1 Attachment Ex A, WI EMPG Award (Original), # 2 Attachment Ex B, WI EMPG Award (Amended), # 3 Attachment Ex C, WI HSGP Award) (Giovanatti, Neil) (Entered: 11/24/2025)

Declaration of Index. Filed by State of Michigan. (Related document(s): Motion for Summary Judgment 30 .) (Giovanatti, Neil) (Entered: 11/24/2025)

Memorandum in Opposition by Plainitff States to Cross Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment 49 . Filed by State of Michigan. (Giovanatti, Neil) (Entered: 12/12/2025)

Notice of Correction by Clerk regarding Corrected Declaration of William Ray (NC) 48 . A Clerical error has been discovered in the case record: The filing was missing a case caption cover page; exhibits not labeled pursuant to LR 10-1(e)(2). The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (jk) (Entered: 12/15/2025)

Correction of the Record

Full Consent by all Parties to Jurisdiction by U.S. Magistrate Judge. (ck) (Entered: 12/17/2025)

MINUTES of Proceedings: Oral argument held before Magistrate Judge Amy E. Potter by videoconference regarding Motion for Summary Judgment 49 and Motion for Summary Judgment 30 . The Court takes the motions under advisement. Formal written Opinion to follow. Neil Giovanatti, Adam De Bear, Coby Howell, Finnuala Tessier present as counsel for plaintiffs. Alexandra Yeatts present as counsel for defendants. Court Reporter: Jill Jessup. (ck) (Entered: 12/17/2025)

Consent to Jurisdiction by a Magistrate Judge

Motion Hearing Held

OPINION AND ORDER: Plaintiffs' Motion for Summary Judgment (ECF No. 30 ) is GRANTED and Defendants' Cross-Motion for Summary Judgment (ECF No. 49 ) is DENIED. Signed on 12/23/2025 by Magistrate Judge Amy E. Potter. (ck)