Case: Kanuszewski v. Michigan Department of Health and Human Services

1:18-cv-10472 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 8, 2018

Closed Date: July 28, 2023

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. On February 8, 2018, parents, on behalf of their minor children, filed this lawsuit in the Eastern District of Michigan. Plaintiffs filed suit against the Michigan Department of Health and Human Services (MDHHS), the director of MDHHS, the manager of the Newborn Screening Section within MDHHS, Michigan BioTrust for Health, the manager of Michigan BioTrust for Health, and the director of Michigan BioTrust for Health. Plaintiffs alleged that the State of Michigan failed to obtain consent from the newborn's legal guardian before conducting a blood test on the infant and taking their blood into the "permanent custody of and permanent detention" by the state. Plaintiffs filed suit under 42 U.S.C. § 1983, arguing that the premanent retention of blood violated the Fourth Amendment guarantee against unwarranted search and seizure and Fourteenth Amendment Due Process. 

Summary Authors

Madilynn O'Hara (1/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6369110/parties/kanuszewski-v-michigan-department-of-health-and-human-services/


Judge(s)
Attorney for Plaintiff

Ellison, Philip L. (Michigan)

Attorney for Defendant

Cavalier, Thomas F. (Michigan)

Kennedy, Jeremy C. (Michigan)

Kerr, Christopher L. (Michigan)

Lax, Jerold (Michigan)

show all people

Documents in the Clearinghouse

Document
3

1:18-cv-10472

Corrected Complaint

Feb. 17, 2018

Feb. 17, 2018

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6369110/kanuszewski-v-michigan-department-of-health-and-human-services/

Last updated Feb. 11, 2026, 2:04 a.m.

ECF Number Description Date Link Date / Link
1

[STRICKEN] COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. No summons requested. Receipt No: 0645-6594378 - Fee: $ 400. County of 1st Plaintiff: Arenac - County Where Action Arose: Wayne - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Ellison, Philip) Modified on 2/14/2018 (KWin). (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

2

Notice of Corrected Judicial Assignment due to Clerical Error: Reassigned from * District Judge David M. Lawson* and *Magistrate Judge Stephanie Dawkins Davis* to District Judge Thomas L. Ludington and Magistrate Judge Patricia T. Morris (SSch) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

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 (DPer)

Feb. 12, 2018

Feb. 12, 2018

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

Feb. 12, 2018

Feb. 12, 2018

NOTICE of Error directed to: Philip L. Ellison re 1 Complaint. Per Local Rule 5.1(a)(2) all papers must be...double spaced. Document 1 is Stricken and Shall be Re-filed after Correction is Made. [No Image Associated with this docket entry] (KWin)

Feb. 14, 2018

Feb. 14, 2018

Notice of Error

Feb. 14, 2018

Feb. 14, 2018

Error

Feb. 14, 2018

Feb. 14, 2018

3

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Disorders List, # 3 Exhibit B - Policy No 11.1, # 4 Exhibit C - Tax Filing, # 5 Exhibit D - Nick Lyon Letter, # 6 Exhibit E - UofM Article, # 7 Exhibit F - Twitter Tweet, # 8 Exhibit G - LSJ Article, # 9 Exhibit H - Statute) (Ellison, Philip) (Entered: 02/17/2018)

Feb. 17, 2018

Feb. 17, 2018

Clearinghouse
4

ATTORNEY APPEARANCE: Thomas S. Marks appearing on behalf of Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah (Marks, Thomas) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

5

ATTORNEY APPEARANCE: Christopher L. Kerr appearing on behalf of Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah (Kerr, Christopher) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

6

WAIVER OF SERVICE Returned Executed. Mary Kleyn waiver sent on 2/16/2018, answer due 4/17/2018; Sarah Lyon-Callo waiver sent on 2/16/2018, answer due 4/17/2018; Nick Lyons waiver sent on 2/16/2018, answer due 4/17/2018; Michigan Department of Health and Human Services waiver sent on 2/16/2018, answer due 4/17/2018; Sandip Shah waiver sent on 2/16/2018, answer due 4/17/2018. (Ellison, Philip) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

7

WAIVER OF SERVICE Returned Executed. Michigan Neonatal Biobank, Inc waiver sent on 2/9/2018, answer due 4/10/2018; Antonio Yancey waiver sent on 2/9/2018, answer due 4/10/2018. (Ellison, Philip) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

8

NOTICE of Appearance by Thomas F. Cavalier on behalf of Antonio Yancey. (Cavalier, Thomas) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

9

Ex Parte MOTION for Leave to File Excess Pages by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Kerr, Christopher) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

10

RESPONSE to 9 Ex Parte MOTION for Leave to File Excess Pages filed by All Plaintiffs. (Ellison, Philip) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

11

NOTICE of Appearance by Jerold Lax on behalf of Antonio Yancey. (Lax, Jerold) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

12

NOTICE of Appearance by Jerold Lax on behalf of Michigan Neonatal Biobank, Inc. (Lax, Jerold) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

13

NOTICE of Appearance by Jeremy C. Kennedy on behalf of Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

14

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Michigan Neonatal Biobank, Inc identifying Corporate Parent Michigan Neonatal BioBank, Inc. for Michigan Neonatal Biobank, Inc. (Kennedy, Jeremy) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

15

MOTION to Dismiss by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

16

NOTICE of Appearance by Thomas F. Cavalier on behalf of Antonio Yancey. (Cavalier, Thomas) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

17

NOTICE of Joinder/Concurrence in 15 MOTION to Dismiss filed by Antonio Yancey, Michigan Neonatal Biobank, Inc by Antonio Yancey (Cavalier, Thomas) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

18

ORDER Granting 9 Motion for a Page Extension. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

19

NOTICE OF HEARING on 15 MOTION to Dismiss. Motion Hearing set for 7/25/2018 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

20

ATTORNEY APPEARANCE: Aaron W. Levin appearing on behalf of Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah (Levin, Aaron) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

21

MOTION to Dismiss with Supporting Brief by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibits 1-12) (Kerr, Christopher) (Entered: 04/17/2018)

1 Index of Exhibits Index of Exhibits

View on PACER

2 Exhibit Exhibits 1-12

View on PACER

April 17, 2018

April 17, 2018

22

NOTICE OF HEARING on 21 MOTION to Dismiss with Supporting Brief. Motion Hearing set for 7/25/2018 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

23

MOTION to Strike 21 MOTION to Dismiss with Supporting Brief by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Ellison, Philip) (Entered: 04/18/2018)

1 Index of Exhibits

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

April 18, 2018

April 18, 2018

RECAP
24

MOTION for Order Setting New Deadline on Plaintiffs Response by All Plaintiffs. (Ellison, Philip) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

RECAP
25

ORDER Denying 23 Motion to Strike and Granting 24 Motion for an Extension. (Plaintiff's Response to 21 Motion to Dismiss due by 5/16/2018. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

RECAP
26

AMENDED COMPLAINT with Jury Demand First Amended Complaint filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R) (Ellison, Philip) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

27

RESPONSE to 15 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Tiffany Decision, # 3 Exhibit B - Ling Decision) (Ellison, Philip) (Entered: 05/02/2018)

1 Index of Exhibits

View on PACER

2 Exhibit A - Tiffany Decision

View on PACER

3 Exhibit B - Ling Decision

View on PACER

May 2, 2018

May 2, 2018

RECAP
28

Stipulated ORDER for Extension of Time to Respond to Plaintiff's First 26 Amended Complaint. (Response due by 5/29/2018.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

RECAP
29

MOTION for Leave to File Excess Pages by Michigan Department of Health and Human Services. (Marks, Thomas) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

30

RESPONSE to 29 MOTION for Leave to File Excess Pages filed by All Plaintiffs. (Ellison, Philip) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

RECAP
31

ORDER Granting 29 Motion for a Page Extension. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

RECAP
32

MOTION to Dismiss Plaintiffs' First Amended Complaint by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Newborn Screening Questions & Answers, # 3 Exhibit 2 - Newborn Screening Pamphlet, # 4 Exhibit 3 - APF 111 Newborn Screening Specimens, # 5 Exhibit 4 - Residual Newborn Screening Blood Spot Directive, # 6 Exhibit 5 - APF 114 Guidelines for Research Use of Dried Blood Spots, # 7 Exhibit 6 - Application & Approval, # 8 Exhibit 7 - After Newborn Screening Your Babys Blood Spots Pamphlet, # 9 Exhibit 8 - BioTrust Frequently Asked Questions, # 10 Exhibit 9 - Michigan BioTrust for Health Consent Options, # 11 Exhibit 10 - BioTrust Research Consent Form, # 12 Exhibit 11 - Completed BioTrust Research Consent Forms (Redacted), # 13 Exhibit 12 - Stanley Affidavit, # 14 Exhibit 13 - Kleyn Affidavit) (Marks, Thomas) (Entered: 05/29/2018)

1 Index of Exhibits

View on PACER

2 Exhibit 1 - Newborn Screening Questions & Answers

View on PACER

3 Exhibit 2 - Newborn Screening Pamphlet

View on PACER

4 Exhibit 3 - APF 111 Newborn Screening Specimens

View on PACER

5 Exhibit 4 - Residual Newborn Screening Blood Spot Directive

View on PACER

6 Exhibit 5 - APF 114 Guidelines for Research Use of Dried Blood Spots

View on PACER

7 Exhibit 6 - Application & Approval

View on PACER

8 Exhibit 7 - After Newborn Screening Your Babys Blood Spots Pamphlet

View on PACER

9 Exhibit 8 - BioTrust Frequently Asked Questions

View on PACER

10 Exhibit 9 - Michigan BioTrust for Health Consent Options

View on PACER

11 Exhibit 10 - BioTrust Research Consent Form

View on PACER

12 Exhibit 11 - Completed BioTrust Research Consent Forms (Redacted)

View on PACER

13 Exhibit 12 - Stanley Affidavit

View on PACER

14 Exhibit 13 - Kleyn Affidavit

View on PACER

May 29, 2018

May 29, 2018

RECAP
33

MOTION to Dismiss Plaintiffs' First Amended Complaint, Brief in Support and Proof of Service by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

34

MOTION to Dismiss and Brief in Support of Defendant by Antonio Yancey. (Cavalier, Thomas) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

35

NOTICE OF HEARING on 33 MOTION to Dismiss Plaintiffs' First Amended Complaint, Brief in Support and Proof of Service, 34 MOTION to Dismiss and Brief in Support of Defendant and 32 MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion Hearings set for 8/21/2018 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

RECAP
36

ORDER Denying as Moot 15, 21 Motions to Dismiss as Plaintiff Filed First Amended Complaint. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

RECAP
37

RESPONSE to 34 MOTION to Dismiss and Brief in Support of Defendant filed by All Plaintiffs. (Ellison, Philip) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

38

STIPULATION AND ORDER Extending Response and Reply Brief Deadlines as to 33 MOTION to Dismiss Plaintiffs' First Amended Complaint and 32 MOTION to Dismiss Plaintiffs' First Amended Complaint. (Response due by 7/11/2018, Reply due by 8/1/2018.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

39

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Ellison, Philip) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

40

REPLY to Response re 39 Ex Parte MOTION for Leave to File Excess Pages filed by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

41

TEXT-ONLY ORDER Granting 39 Motion for Leave to File Excess Pages to no More Than 30 Pages. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

42

REPLY to Response re 34 MOTION to Dismiss and Brief in Support of Defendant filed by Antonio Yancey. (Cavalier, Thomas) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

43

MOTION for Leave to File Excess Pages by All Plaintiffs. (Ellison, Philip) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

44

TEXT-ONLY ORDER Granting 43 Motion for Leave to File Excess Pages to File Up To 40 Pages. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

45

RESPONSE to 32 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit 10th Cir Dubbs Decision) (Ellison, Philip) (Entered: 07/06/2018)

1 Exhibit 10th Cir Dubbs Decision

View on PACER

July 6, 2018

July 6, 2018

RECAP
46

RESPONSE to 33 MOTION to Dismiss Plaintiffs' First Amended Complaint, Brief in Support and Proof of Service filed by All Plaintiffs. (Ellison, Philip) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

47

[STRICKEN] SUR-REPLY re 15 MOTION to Dismiss filed by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) Modified on 7/27/2018 - Duplicate Filing (KWin). (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

48

REPLY to Response re 15 MOTION to Dismiss filed by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) [REPLY TO 46 RESPONSE TO 33 MOTION TO DISMISS] Modified on 7/27/2018 (KWin). (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

RECAP

Notice of Error

July 27, 2018

July 27, 2018

NOTICE of Error directed to: Jeremy C. Kennedy re 47 Sur-Reply - Duplicate Filing. [No Image Associated with this docket entry] (KWin)

July 27, 2018

July 27, 2018

49

REPLY to Response re 32 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Michigan Department of Health and Human Services. (Kerr, Christopher) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

RECAP

TEXT-ONLY NOTICE: Motion Hearings on 8/21/2018 are Cancelled re 32 MOTION to Dismiss Plaintiffs' First Amended Complaint, 33 MOTION to Dismiss Plaintiffs' First Amended Complaint, and 34 MOTION to Dismiss. Motions will be Decided on the Filed Papers. (KWin)

Aug. 7, 2018

Aug. 7, 2018

Text-Only Notice of Hearing Cancelled

Aug. 7, 2018

Aug. 7, 2018

50

ORDER Granting 32 , 33 , 34 Motions to Dismiss and Dismissing 26 Complaint With Prejudice. Signed by District Judge Thomas L. Ludington. (KWin)

Aug. 8, 2018

Aug. 8, 2018

RECAP
51

JUDGMENT. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

52

NOTICE OF APPEAL by All Plaintiffs re 51 Judgment. Receipt No: 0645-6851083 - Fee: $ 505 - Fee Status: Fee Paid. (Ellison, Philip) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

RECAP
53

Certificate of Service re 52 Notice of Appeal. (NAhm) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

54

MOTION for Attorney Fees by Michigan Department of Health and Human Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Levin, Aaron) (Entered: 09/05/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

Sept. 5, 2018

Sept. 5, 2018

RECAP
55

MOTION for Attorney Fees by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - State Bar of MI 2017 Economics of Law Practice, # 3 Exhibit 2 - PSED Monthly Invoices, # 4 Exhibit 3 - Affidavit of Jeremy Kennedy) (Kennedy, Jeremy) (Entered: 09/05/2018)

1 Index of Exhibits

View on PACER

2 Exhibit 1 - State Bar of MI 2017 Economics of Law Practice

View on PACER

3 Exhibit 2 - PSED Monthly Invoices

View on PACER

4 Exhibit 3 - Affidavit of Jeremy Kennedy

View on PACER

Sept. 5, 2018

Sept. 5, 2018

RECAP
56

NOTICE OF HEARING on 54 MOTION for Attorney Fees and 55 MOTION for Attorney Fees. Motion Hearings set for 12/5/2018 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

57

STIPULATION AND ORDER Extending Response and Reply Brief Deadlines as to 54 MOTION for Attorney Fees and 55 MOTION for Attorney Fees. (Response Briefs due by 10/12/2018, Reply Briefs due by 11/2/2018.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

58

RESPONSE to 54 MOTION for Attorney Fees filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Ellison, Philip) (Entered: 10/05/2018)

1 Index of Exhibits

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Oct. 5, 2018

Oct. 5, 2018

RECAP
59

RESPONSE to 55 MOTION for Attorney Fees filed by All Plaintiffs. (Ellison, Philip) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

60

REPLY to Response re 54 MOTION for Attorney Fees filed by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Levin, Aaron) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

61

STIPULATION AND ORDER Accepting Stipulation in Part and Directing Plaintiff to File a Supplement. (Supplement due by 11/26/2018.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

RECAP
62

SUPPLEMENTAL BRIEF re 61 Stipulation and Order, Set Deadlines/Hearings, 59 Response to Motion filed by All Plaintiffs. (Ellison, Philip) (Entered: 11/21/2018)

Nov. 21, 2018

Nov. 21, 2018

TEXT-ONLY NOTICE: Motion Hearings on 12/5/2018 are Cancelled re 54 MOTION for Attorney Fees, and 55 MOTION for Attorney Fees. Motions to be Decided on the Filed Papers. (KWin)

Nov. 27, 2018

Nov. 27, 2018

Text-Only Notice of Hearing Cancelled

Nov. 27, 2018

Nov. 27, 2018

63

ORDER from U.S. Court of Appeals - Sixth Circuit re 52 Notice of Appeal filed by D W L (Minor Child), M T L (Minor Child), H J W (Minor Child), L R W (Minor Child), C K K (Minor Child), Shannon LaPorte, Lynnette Wiegand, Ashley Kanuszewski, E M O (Minor Child), C J W (Minor Child), M L W (Minor Child), R F K (Minor Child), Adam Kanuszewski [Appeal Case Number 18-1896] (SKra) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

RECAP
64

ORDER Granting in Part Defendants' 54 , 55 Motions for Attorney Fees and Directing Supplemental Briefing. (Defendants Supplemental Brief due by 2/8/2019, Plaintiff's Supplemental Brief due by 2/15/2019 Regarding 54 , 55 Motions for Attorney Fees. ) Signed by District Judge Thomas L. Ludington. (KWin)

Jan. 24, 2019

Jan. 24, 2019

RECAP
65

MOTION to Stay of Proceedings by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Ellison, Philip) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

66

MOTION for Reconsideration re 64 Order,, Set Motion and R&R Deadlines/Hearings, by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Ellison, Philip) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

67

SUPPLEMENTAL BRIEF re 55 MOTION for Attorney Fees filed by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Attachments: # 1 Exhibit Affidavit of Jeremy Kennedy, # 2 Exhibit 2017 Economics of Law Practice, # 3 Exhibit Affidavit of Mary Gregg) (Kennedy, Jeremy) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

68

RESPONSE to 65 MOTION to Stay of Proceedings filed by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Levin, Aaron) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

69

SUPPLEMENTAL BRIEF re 54 MOTION for Attorney Fees filed by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Levin, Aaron) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

70

RESPONSE to 65 MOTION to Stay of Proceedings filed by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

71

ORDER Directing Response to 66 Motion for Reconsideration. Response due by 2/22/2019. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

72

Emergency MOTION for Extension of Time to File Response/Reply as to 64 Order,, Set Motion and R&R Deadlines/Hearings, by C K K (Minor Child), R F K (Minor Child), Adam Kanuszewski, Ashley Kanuszewski, D W L (Minor Child), M T L (Minor Child), Shannon LaPorte, E M O (Minor Child), C J W (Minor Child), H J W (Minor Child), L R W (Minor Child), M L W (Minor Child), Lynnette Wiegand. (Ellison, Philip) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

73

ORDER Granting 72 Motion for Extension. (Plaintiff's Supplemental Brief to 54, 55 Motion for Attorney Fees due by 2/22/2019. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

74

RESPONSE to 66 MOTION for Reconsideration re 64 Order,, Set Motion and R&R Deadlines/Hearings, filed by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Levin, Aaron) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

75

RESPONSE to 66 MOTION for Reconsideration re 64 Order,, Set Motion and R&R Deadlines/Hearings, filed by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

76

SUPPLEMENTAL BRIEF re 64 Order,, Set Motion and R&R Deadlines/Hearings, filed by All Plaintiffs. (Ellison, Philip) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

77

ORDER Granting 65 Motion to Stay. Signed by District Judge Thomas L. Ludington. (KWin)

March 1, 2019

March 1, 2019

RECAP
78

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 52 Notice of Appeal filed by D W L (Minor Child), M T L (Minor Child), H J W (Minor Child), L R W (Minor Child), C K K (Minor Child), Shannon LaPorte, Lynnette Wiegand, Ashley Kanuszewski, E M O (Minor Child), C J W (Minor Child), M L W (Minor Child), R F K (Minor Child), Adam Kanuszewski [Appeal Case Number 18-1896] (DWor) (Entered: 06/11/2019)

June 10, 2019

June 10, 2019

79

ORDER from U.S. Court of Appeals - Sixth Circuit re 52 Notice of Appeal filed by D W L (Minor Child), M T L (Minor Child), H J W (Minor Child), L R W (Minor Child), C K K (Minor Child), Shannon LaPorte, Lynnette Wiegand, Ashley Kanuszewski, E M O (Minor Child), C J W (Minor Child), M L W (Minor Child), R F K (Minor Child), Adam Kanuszewski [Appeal Case Number 18-1896] (SKra) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

80

BILL OF COSTS (Appellate) by Adam Kanuszewski, Ashley Kanuszewski, Shannon LaPorte, Lynnette Wiegand (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Ellison, Philip) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

81

ORDER reopening case, vacating 64 Order granting attorney fees, denying 66 Motion for reconsideration, and directing defendants to respond to the complaint. Signed by District Judge Thomas L. Ludington. (DPer) (Entered: 07/22/2019)

July 19, 2019

July 19, 2019

82

ORDER Denying Defendants' 54, 55 Motions for Attorney Fees. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

83

NOTICE of Appearance by Santiago Rios on behalf of Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Rios, Santiago) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

84

ANSWER to Amended Complaint with Affirmative Defenses by Mary Kleyn, Sarah Lyon-Callo, Nick Lyons, Michigan Department of Health and Human Services, Sandip Shah. (Rios, Santiago) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

85

ANSWER to Amended Complaint with Affirmative Defenses by Michigan Neonatal Biobank, Inc, Antonio Yancey. (Kennedy, Jeremy) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

86

ORDER to Submit Material for Case Management Order. (Short Statement Submitted to Utilities/Proposed Orders due by 9/9/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

87

CERTIFICATE OF SERVICE by Michigan Department of Health and Human Services (Kerr, Christopher) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

88

Case Management and SCHEDULING ORDER: Discovery due by 3/18/2020; Settlement Conference set for 3/25/2020 at 2:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 4/15/2020; Final Pretrial Conference set for 8/4/2020 at 3:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 8/18/2020 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

89

CERTIFICATE OF SERVICE by All Defendants (Kerr, Christopher) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

Case Details

State / Territory:

Michigan

Case Type(s):

Privacy

Key Dates

Filing Date: Feb. 8, 2018

Closing Date: July 28, 2023

Case Details

Other Dockets:

Eastern District of Michigan 1:18-cv-10472