Case: Arkona, LLC v. Cheboygan, County of

Arkona v. Civil Cheboygain

COMPLAINT filed by Arkona, LLC against Cheboygan, County of, Linda A Cronan, Buffy Jo Weldon with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7359347 - Fee: $ 400. County of 1st Plaintiff: Out of State - County Where Action Arose: Cheboygan - County of 1st Defendant: Cheboygan. [Previously dismissed case: No] [Possible companion case(s): Charlevoix County Circuit Court, 18-0591-26-CZ, Judge Roy Hayes, III] (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Ellison, Philip) (Entered: 08/11/2019)

SUMMONS Issued for *Cheboygan, County of* (DWor) (Entered: 08/12/2019)

SUMMONS Issued for *Linda A Cronan* (DWor) (Entered: 08/12/2019)

SUMMONS Issued for *Buffy Jo Weldon* (DWor) (Entered: 08/12/2019)

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 (DWor)

NOTICE of Appearance by Matthew E. Gronda on behalf of All Plaintiffs. (Gronda, Matthew) (Entered: 09/19/2019)

ATTORNEY APPEARANCE: Allan C. Vander Laan appearing on behalf of Cheboygan, County of, Linda A Cronan, Buffy Jo Weldon (Vander Laan, Allan) (Entered: 09/23/2019)

ATTORNEY APPEARANCE: Bradley C. Yanalunas appearing on behalf of Cheboygan, County of, Linda A Cronan, Buffy Jo Weldon (Yanalunas, Bradley) (Entered: 09/23/2019)

AMENDED COMPLAINT with Jury Demand First Amended Class Action Complaint filed by Arkona, LLC, Dianne Kasbob against Cheboygan, County of, Linda A Cronan, Buffy Jo Weldon, Monroe, County of, Kay Sisung. NEW PARTIES ADDED. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Ellison, Philip) (Entered: 09/23/2019)

REQUEST for SUMMONS for Monroe, County of, Kay Sisung. (Ellison, Philip)

SUMMONS Issued for *Monroe, County of* (LGra) (Entered: 09/24/2019)

SUMMONS Issued for *Kay Sisung* (LGra) (Entered: 09/24/2019)

MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Vander Laan, Allan) (Entered: 10/07/2019)

NOTICE OF HEARING on 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6). Motion Hearing set for 12/17/2019 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 10/11/2019)

ORDER Granting in Part Joint Stipulation Regarding Extending Plaintiff's Deadline to File Response to Defendants' 11 Motion to Dismiss. (Response due by 11/8/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/01/2019)

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Ellison, Philip) (Entered: 11/06/2019)

ORDER Granting 14 Motion to File Excess Pages. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/07/2019)

RESPONSE to 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit K) (Ellison, Philip) (Entered: 11/08/2019)

REPLY to Response re 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) filed by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Vander Laan, Allan) (Entered: 11/14/2019)

[STRICKEN PER ERROR NOTICE] MOTION to Certify Class and Appoint Class Counsel by All Plaintiffs. (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) (Ellison, Philip) Modified on 11/25/2019 (KWin). (Entered: 11/24/2019)

MOTION to Certify Class and to Appoint Class Counsel by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A - Hathon Opinion and Order, # 3 Exhibit B - Hathon Order Granting Class Cert, # 4 Exhibit C - List of Properties with Declaration, # 5 Exhibit D - Ellison Declaration, # 6 Exhibit E - Gronda Declaration, # 7 Exhibit F - Monroe Co Opt In Docs, # 8 Exhibit G - Cheboygan Co Opt In Docs) (Ellison, Philip) (Entered: 11/25/2019)

Error

NOTICE of Error directed to: Philip L. Ellison re 18 MOTION to Certify Class and Appoint Class Counsel. Per ECF Policies and Procedures Rule 18(b)(3) Exhibits - An Index of Exhibits Must be Attached and Each Exhibit Must be Individually Attached AND Named. Document 18 was Stricken. [No Image Associated with this docket entry] (KWin)

NOTICE by All Plaintiffs of a Constitutional Question (Attachments: # 1 First Amended Complaint) (Gronda, Matthew) (Entered: 12/05/2019)

Text-Only Notice of Hearing Cancelled

TEXT-ONLY NOTICE: Motion Hearing on 12/17/2019 is Cancelled re 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6). (KWin)

RESPONSE to 19 MOTION to Certify Class and to Appoint Class Counsel, 18 MOTION to Certify Class and Appoint Class Counsel filed by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Vander Laan, Allan) (Entered: 12/09/2019)

ORDER to Show Cause Why Case Should Not be Stayed. Show Cause Response due by 12/27/2019 and Shall Not Exceed 10 Pages. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 12/12/2019)

RESPONSE TO ORDER TO SHOW CAUSE Why Case Should Not Be Stayed by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Vander Laan, Allan) (Entered: 12/12/2019)

REPLY to Response re 19 MOTION to Certify Class and to Appoint Class Counsel filed by Arkona, LLC, Dianne Kasbob. (Ellison, Philip) (Entered: 12/19/2019)

RESPONSE to 22 Order to Show Cause by Arkona, LLC, Dianne Kasbob. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - MCOC Opn and Order, # 3 Exhibit 2 - MCOC Docket Sheet) (Ellison, Philip) (Entered: 12/27/2019)

ORDER STAYING CASE. Signed by District Judge Thomas L. Ludington. (KWin)

Emergency MOTION for Order to Lift Stay and Decide Class Motions by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Hathon, # 3 Exhibit B - Rafaeli) (Ellison, Philip) (Entered: 07/24/2020)

ORDER Lifting Stay and Granting 19 Motion to Certify Class. Signed by District Judge Thomas L. Ludington. (KWin)

NOTICE OF HEARING on 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6). Motion Hearing set for 10/14/2020 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 08/07/2020)

MOTION for Order for Leave for Early Limited Discovery by Arkona, LLC, Dianne Kasbob. (Attachments: # 1 Exhibit A - Hathon Discovery Order) (Ellison, Philip) (Entered: 09/02/2020)

NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 10/6/2020 at 3:30 PM before District Judge Thomas L. Ludington. *Counsel Will Receive a Separate Email With Call-In Number.* (KWin) (Entered: 09/21/2020)

MOTION for Leave to File Supplemental Authority by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Pung, # 3 Exhibit B - Freed) (Ellison, Philip) (Entered: 09/30/2020)

RESPONSE to 32 MOTION for Leave to File Supplemental Authority Partial Opposition filed by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit Exhibit A - Pung v Pickens Second Amended Complaint) (Vander Laan, Allan) (Entered: 10/05/2020)

1 Index of Exhibits List of Exhibits

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2 Exhibit Exhibit A - Pung v Pickens Second Amended Complaint

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Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 10/6/2020. (Court Reporter: None Present, Not on the Record) (KWin)

RE-NOTICE OF HEARING on 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6). Motion Hearing RE-set for 1/20/2021 at 2:00 PM before District Judge Thomas L. Ludington (From 10/14/2020). (KWin) (Entered: 10/07/2020)

TEXT-ONLY NOTICE: Motion Hearing on 1/20/2021 is Cancelled re 11 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6). Motion will be Decided by Order Without Oral Argument on the Filed Papers. (KWin)

Text-Only Notice of Hearing Cancelled

ORDER Granting in Part and Denying in Part Defendants' 11 Motion to Dismiss, Dismissing the Individual Defendants, Dismissing Counts II, IV and V Against the County Defendants, and Denying as Moot Plaintiffs' 32 Motion for Leave to File Supplemental Authority. Signed by District Judge Thomas L. Ludington. (KWin)

ORDER to Submit Material for Case Management Order. (Short Statements Submitted to CM/Utilities/Proposed Orders by 1/29/2021.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 01/15/2021)

ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 20-106] (TTho) (Entered: 02/02/2021)

Case Management and SCHEDULING ORDER: Discovery due by 7/30/2021; Settlement Conference set for 8/11/2021 at 3:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 8/30/2021; Final Pretrial Conference set for 1/4/2022 at 3:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 1/18/2022 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: 03/11/2021)

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Vander Laan, Allan) (Entered: 04/22/2021)

MOTION to Stay of Proceedings Pending Sixth Circuit Resolution of Cross-Appeals in Freed v Thomas, et al by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Vander Laan, Allan) (Entered: 05/07/2021)

RESPONSE to 40 MOTION to Stay of Proceedings Pending Sixth Circuit Resolution of Cross-Appeals in Freed v Thomas, et al filed by All Plaintiffs. (Attachments: # 1 Exhibit A - CA6 Order) (Ellison, Philip) (Entered: 05/24/2021)

Stipulation and Order Extending Plaintiffs' Response to Defendants' 40 MOTION to Stay. (Response due by 5/24/2021, as Filed. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/26/2021)

REPLY to Response re 40 MOTION to Stay of Proceedings Pending Sixth Circuit Resolution of Cross-Appeals in Freed v Thomas, et al filed by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Attachments: # 1 Index of Exhibits, # 2 Exhibit D) (Vander Laan, Allan) (Entered: 06/01/2021)

ORDER Granting Defendants' 40 Motion to Stay. Signed by District Judge Thomas L. Ludington. (KWin)

TEXT-ONLY NOTICE: Settlement Conference Previously Scheduled for 8/11/2021 is Cancelled as this Case Remains Stayed. (KWin)

Text-Only Notice of Hearing Cancelled

TEXT-ONLY NOTICE: Final Pretrial Conference on 1/4/2022 and Jury Trial on 1/18/2022 are Cancelled as Case is Stayed. (KWin)

Text-Only Notice of Hearing Cancelled

MOTION for Order to Lift Stay and Set Scheduling Conference on May 10, 2022 by All Plaintiffs. (Ellison, Philip) (Entered: 04/25/2022)

NOTICE TO APPEAR IN PERSON: IN-PERSON Scheduling Conference set for 5/10/2022 at 10:00 AM before District Judge Thomas L. Ludington. (KWin) (Entered: 05/04/2022)

RESPONSE to 45 MOTION for Order to Lift Stay and Set Scheduling Conference on May 10, 2022 filed by Cheboygan, County of, Linda A Cronan, Monroe, County of, Kay Sisung, Buffy Jo Weldon. (Vander Laan, Allan) (Entered: 05/06/2022)

OPINION and ORDER Granting in Part Plaintiff's 45 Motion to Lift Stay and Directing Parties to Appear for Scheduling Conference. (IN-PERSON Scheduling Conference set for 5/10/2022 at 10:00 AM before District Judge Thomas L. Ludington. ) Signed by District Judge Thomas L. Ludington. (KWin)

Minute Entry for in-person proceedings before District Judge Thomas L. Ludington: In-Person Scheduling Conference held on 5/10/2022. (IN-PERSON Status Conference set for 6/7/2022 at 10:00 AM before District Judge Thomas L. Ludington.) (Court Reporter: None Present, Not on the Record) (KWin)

~Util - Set Deadlines/Hearings

Minute Entry for in-person proceedings before District Judge Thomas L. Ludington: Status Conference held on 6/7/2022. Counsel to be Filing Motions. (Court Reporter: None Present, Not on the Record) (KWin)

[STRICKEN] CERTIFICATE OF SERVICE by All Defendants for Defendants' Answers to Plaintiff's Discovery Requests of June 7, 2022 (Vander Laan, Allan) Modified on 6/23/2022 (LGra). (Entered: 06/22/2022)

NOTICE of Error directed to: Allan C. Vander Laan re 49 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (LGra)

Error

Renewed MOTION for Order to Lift the Stay by All Plaintiffs. (Gronda, Matthew) (Entered: 10/22/2022)

RESPONSE to 50 Renewed MOTION for Order to Lift the Stay filed by All Defendants. (Attachments: # 1 Exhibit - Hall v. Meisner) (Vander Laan, Allan) (Entered: 10/24/2022)

REPLY to Response re 50 Renewed MOTION for Order to Lift the Stay filed by All Plaintiffs. (Gronda, Matthew) (Entered: 10/26/2022)

NOTICE by All Plaintiffs of Issuance of Freed Decision (Ellison, Philip) (Entered: 09/11/2023)

NOTICE TO APPEAR BY TEAMS Video/Telephone: TEAMS Status Conference set for 11/14/2023 at 2:00 PM before District Judge Thomas L. Ludington. Counsel will Receive a Separate Email with TEAMS Invite Link. (KWin) (Entered: 10/25/2023)

ORDER LIFTING STAY, Denying as Moot Plaintiffs' 50 Renewed Motion for Order to Lift Stay, Directing Parties to File Joint Proposed Schedule, and Directing Parties to Appear for TEAMS Status Conference. (Supplemental Briefing and Joint Proposed Schedule due by 11/9/2023, TEAMS Status Conference set for 11/14/2023 at 2:00 PM before District Judge Thomas L. Ludington.) Counsel to Use the TEAMS Invite Like Previously Emailed. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 10/27/2023)

SUPPLEMENTAL BRIEF re 55 Order Lifting Stay,,, Set Deadlines/Hearings,,, Terminate Motions,, filed by All Plaintiffs. (Gronda, Matthew) (Entered: 11/13/2023)

NOTICE of Appearance by Matthew T. Nelson on behalf of Cheboygan, County of, Monroe, County of. (Nelson, Matthew) (Entered: 11/13/2023)

SUPPLEMENTAL BRIEF re 55 Order Lifting Stay,,, Set Deadlines/Hearings,,, Terminate Motions,, filed by Cheboygan, County of, Monroe, County of. (Attachments: # 1 Exhibit A - In re Sabree Sixth Circuit Order) (Nelson, Matthew) (Entered: 11/13/2023)

Minute Entry for remote proceedings before District Judge Thomas L. Ludington: Status Conference held on 11/14/2023. (Court Reporter: None Present, Not on the Record) (KWin)

ORDER Directing Parties to File Proposed Initial Interrogatories and Objections to proposed Initial Interrogatories and Staying Motion Practice Until Further Order of this Court. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/22/2023)

NOTICE of Appearance by Timothy Harold Smith on behalf of Cheboygan, County of, Monroe, County of. (Smith, Timothy) (Entered: 12/01/2023)

[STRICKEN] NOTICE by Cheboygan, County of, Monroe, County of Proposed Interrogatories submitted per Court Order (Smith, Timothy) Modified on 12/1/2023 (LGra). (Entered: 12/01/2023)

Error

NOTICE of Error directed to: Timothy Harold Smith re 61 Notice (Other). Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (LGra)

ATTORNEY APPEARANCE: Kristina M. Munsters appearing on behalf of Cheboygan, County of, Monroe, County of (Munsters, Kristina) (Entered: 12/04/2023)

Order AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions

Appear*

Order

Motion - Free

Order on Motion - Free

Motion - Free

Motion - Free

Response to Motion

Stipulation and Order AND ~Util - Set Deadlines/Hearings

Summary Judgment

Hearing on Motion*

Reply to Response to Motion

Stipulation and Order

Text-Only Order AND ~Util - Terminate Motions

Response to Motion

Leave to File