Case: Castillo v. Whitmer

1:20-cv-00751 | U.S. District Court for the Western District of Michigan

Filed Date: Aug. 11, 2020

Closed Date: Sept. 9, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an an equal protection action filed on August 8, 2020 by a group of Latino individuals and two limited liability companies, seeking an injunction of an emergency health order mandating all migrant agricultural workers be tested for COVID-19. The court denied the plaintiffs' motions for a temporary restraining order and a preliminary injunction on August 14 and August 21, respectively. The Sixth Circuit affirmed the district court's decision. On September 8, the plainti…

COVID-19 Summary: This is an an equal protection action filed on August 8, 2020 by a group of Latino individuals and two limited liability companies, seeking an injunction of an emergency health order mandating all migrant agricultural workers be tested for COVID-19. The court denied the plaintiffs' motions for a temporary restraining order and a preliminary injunction on August 14 and August 21, respectively. The Sixth Circuit affirmed the district court's decision. On September 8, the plaintiffs stipulated to a dismissal with prejudice and without costs or attorneys' fees to either party, which was approved by the district judge on September 9.


This case is about the constitutionality of a series of emergency orders issued by the State of Michigan during the COVID-19 pandemic. On June 29, 2020, the Governor of Michigan, Gretchen Whitmer, signed an executive order requiring those who provide housing for Michigan's migrant agricultural workers to implement plans to prevent their employees from contracting COVID-19. On August 3, the Director of the Michigan Department of Health and Human Services (MDHHS), Robert Gordon, issued an emergency order mandating COVID-19 testing for migrant agricultural workers.

On August 8, a group of six Latino individuals and two limited liability companies filed this lawsuit in the U.S. District Court for the Western District of Michigan. The plaintiffs sued the Governor of Michigan, the Director of MDHHS, and the Director of the Michigan Department of Agriculture and Rural Development (MDARD) under 42 U.S.C. § 1983. The plaintiffs sought preliminary and permanent injunctive relief against the defendants' orders that all migrant agricultural workers be mandated to take a COVID-19 test (Emergency Order). The plaintiffs also sought compensatory damages, attorneys' fees, and a declaration that the defendants violated the plaintiffs' constitutional rights under the Fourteenth Amendment's Equal Protection Clause. Finally, the plaintiffs sought a declaration that the Director of MDHHS exceeded the scope of his statutory authority and a declaration that the governor and the Director of MDHHS violated the separation of powers established in the Michigan Constitution.

The plaintiffs amended their complaint on August 13, seeking class certification for all similarly situated plaintiffs. The plaintiffs outlined three classes that they sought to certify. Class 1 included all owners and operators of migrant housing camps licensed by MDARD, Class 2 included all residents of MDARD-licensed migrant housing camps, Class 3 included all agricultural employers in the state with over 20 workers on site at a time, and Class 4 included all workers of employed by Class 3.

On August 14, District Judge Paul L. Maloney denied the plaintiffs' motion for a temporary restraining order. In his order, the judge found that the plaintiffs did not establish likelihood of success on the merits. While the plaintiffs argued that the court should implement a strict scrutiny test to determine constitutionality because the Emergency Order disproportionately affected Latinos, the judge implemented a rational basis standard since the testing requirement applies to all agricultural workers in migrant housing camps, regardless of race. The judge then concluded that the plaintiffs did not rebut every conceivable basis for the Emergency Order. The judge also noted that the Emergency Order serves a legitimate public interest in its objective of slowing the spread of COVID-19. 2020 U.S. Dist. LEXIS 151354

On August 21, Judge Maloney denied the plaintiffs' motion for an emergency preliminary injunction. The judge used similar reasoning in his denial of the injunction as the temporary restraining order, reiterating that the plaintiffs did not show an intent to discriminate on the part of state officials. The judge again concluded that the Emergency Order is facially neutral, in terms of race. 2020 WL 5029586

On August 24, the plaintiffs filed an interlocutory appeal of the denial of a preliminary injunction in the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit denied the motion for a preliminary injunction on September 2. The court found that for a facially neutral action to be found unconstitutionally discriminatory, the plaintiffs must establish an improper racially motivated purpose. The court agreed with the district court judge in his conclusion that the plaintiffs failed to establish discriminatory intent. The court also noted that the plaintiffs did not demonstrate irreparable harm, in absence of a constitutional violation. 823 Fed.Appx. 413

On September 3, the defendants moved to dismiss the case for lack of jurisdiction and for failure to state a claim. On September 8, plaintiffs stipulated to a dismissal with prejudice, which was approved by Judge Maloney on September 9. The stipulated dismissal provided that neither party was responsible for the other's costs or attorneys' fees. The case is now closed.

Summary Authors

Nicholas Gillan (12/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17435476/parties/castillo-v-whitmer/


Judge(s)
Attorney for Plaintiff

Allison-Yokom, Danielle (Michigan)

Arthur, Seth B (Michigan)

DeWaard, Ronald G (Michigan)

Attorney for Defendant

Bennett, Katherine J. (Michigan)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (Michigan)

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Documents in the Clearinghouse

Document

1:20-cv-00751

0:20-01815

Docket [PACER]

Sept. 9, 2020

Sept. 9, 2020

Docket
1

1:20-cv-00751

Complaint

Aug. 11, 2020

Aug. 11, 2020

Complaint
17

1:20-cv-00751

Amended Complaint

Aug. 13, 2020

Aug. 13, 2020

Pleading / Motion / Brief

1:20-cv-00751

Order

Aug. 14, 2020

Aug. 14, 2020

Order/Opinion

2020 U.S.Dist.LEXIS 2020

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17435476/castillo-v-whitmer/

Last updated Jan. 28, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert Gordon, Gretchen Whitmer, Gary McDowell filed by Manuel Nunez Morales, Smeltzer Orchards Co. LLC, Veronica Botella, Clarissa Vasquez, Susana Castillo, Dulce Sostenes, True Blue Berry Management LLC, Doraelia Nunez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Aug. 11, 2020

Aug. 11, 2020

RECAP

Filing Fee (Civil Case) - Credit Card Payment

Aug. 11, 2020

Aug. 11, 2020

PACER

FILING FEE PAID re 1 by plaintiffs Veronica Botella, Susana Castillo, Manuel Nunez Morales, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez in the amount of $400, receipt number AMIWDC-5561996 (Phelps, Aaron) Modified text on 8/12/2020 (ems).

Aug. 11, 2020

Aug. 11, 2020

PACER
2

PROPOSED SUMMONS to be issued re 1 (Attachments: # 1 Summons, # 2 Summons) (Phelps, Aaron) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
3

EMERGENCY MOTION for preliminary injunction by plaintiffs Susana Castillo, Manuel Nunez Morales, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
4

CORPORATE DISCLOSURE STATEMENT by Smeltzer Orchards Co. LLC identifying Corporate Parent Smeltzer Companies, Inc., The for Smeltzer Orchards Co. LLC (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
5

CORPORATE DISCLOSURE STATEMENT by True Blue Berry Management LLC (Phelps, Aaron) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
6

BRIEF in support of EMERGENCY MOTION for preliminary injunction 3 (Expedited Consideration Requested) filed by Veronica Botella, Susana Castillo, Manuel Nunez Morales, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (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, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W) (Phelps, Aaron) Modified text on 8/12/2020 (ems). (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
7

Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Phillip J. Green indicating that this case is not related to 1:20-cv-323; 1:20-cv-392; 1:20-cv-414; 1:20-cv-428; 1:20-cv-452; 1:20-cv-737 (jmw) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
8

NOTICE that this case has been assigned Robert J. Jonker (ems) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
9

SUMMONS ISSUED as to defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (ems) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
10

ADMINISTRATIVE ORDER No. 20-CA-056 that this case is reassigned to District Judge Paul L. Maloney for all further proceedings; signed by Chief Judge Robert J. Jonker (ems) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
11

ORDER to respond; defendants to respond by 4pm 8/18/2020; plaintiffs to reply by 4 pm 8/20/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
12

CERTIFICATE of compliance re word count for Brief in Support of a Motion 6 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) Modified text on 8/13/2020 (ems). (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
13

CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION for preliminary injunction 3 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Ronald G. DeWaard on behalf of plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (DeWaard, Ronald) Modified text on 8/13/2020 (ems).

Aug. 12, 2020

Aug. 12, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Seth B. Arthur on behalf of plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Arthur, Seth)

Aug. 12, 2020

Aug. 12, 2020

PACER
14

SUMMONS returned executed; Gretchen Whitmer served on 8/13/2020, answer due 9/3/2020 (Arthur, Seth) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
15

SUMMONS returned executed; Robert Gordon served on 8/13/2020, answer due 9/3/2020 (Arthur, Seth) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
16

SUMMONS returned executed; Gary McDowell served on 8/13/2020, answer due 9/3/2020 (Arthur, Seth) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Brion Bannon Doyle on behalf of plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Doyle, Brion) Modified text on 8/13/2020 (ems).

Aug. 13, 2020

Aug. 13, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Danielle Allison-Yokom on behalf of defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (Allison-Yokom, Danielle)

Aug. 13, 2020

Aug. 13, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Mark Gordon Sands on behalf of defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (Sands, Mark)

Aug. 13, 2020

Aug. 13, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Katherine J. Bennett on behalf of defendants Robert Gordon, Gary McDowell, Gretchen Whitmer (Bennett, Katherine)

Aug. 13, 2020

Aug. 13, 2020

PACER
17

AMENDED COMPLAINT against All Defendants filed by Manuel Nunez Morales, Jr, Smeltzer Orchards Co. LLC, Veronica Botello, Clarissa Vasquez, Susana Castillo, Dulce Sostenes, True Blue Berry Management LLC, Doraelia Nunez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Phelps, Aaron) (Entered: 08/13/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Aug. 13, 2020

Aug. 13, 2020

RECAP
18

MOTION for temporary restraining order by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Attachments: # 1 Exhibit A - Proposed Order) (Phelps, Aaron) Modified text on 8/14/2020 (ems). (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
19

BRIEF in support of MOTION for temporary restraining order 18 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Phelps, Aaron) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
20

CERTIFICATE of compliance re word count for Brief in Support of a Motion, 19 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
21

ORDER denying 18 motion for TRO; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
22

MOTION to expedite Discovery and Evidentiary Hearing and Request for Telephone Conference (Expedited Consideration Requested) by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Phelps, Aaron) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
23

BRIEF in support of MOTION to expedite Discovery and Evidentiary Hearing and Request for Telephone Conference (Expedited Consideration Requested) 22 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Attachments: # 1 Exhibit A) (Phelps, Aaron) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
24

ORDER to respond; response must be filed by 4:00 pm on 8/19/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
25

MOTION for protective order, MOTION to quash, MOTION for sanctions by defendants Robert Gordon, Gary McDowell, Gretchen Whitmer; (Sands, Mark) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
26

BRIEF in support of MOTION for protective order MOTION to quash MOTION for sanctions 25 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Attachments: # 1 Exhibit A - Email regarding Concurrence) (Sands, Mark) Modified text on 8/18/2020 (ems). (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
27

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for protective order MOTION to quash MOTION for sanctions 25 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Sands, Mark) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
28

RESPONSE in opposition to EMERGENCY MOTION for preliminary injunction 3 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Attachments: # 1 Exhibit A - EO 111, # 2 Exhibit B - HLCOM Statement) (Sands, Mark) Modified text on 8/18/2020 (ems). (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
29

RESPONSE TO MOTION to expedite Discovery and Evidentiary Hearing and Request for Telephone Conference (Expedited Consideration Requested) 22 filed by Robert Gordon, Gary McDowell, Gretchen Whitmer (Sands, Mark) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
30

RESPONSE TO 24 Discovery Order filed by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
31

MOTION for leave to file by amicus Richard Abraham Primus; (Primus, Richard) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
32

REPLY to response to motion 3 Emergency Motion for Preliminary Injunction filed by Susana Castillo (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Phelps, Aaron) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
33

MOTION for leave to file amici curiae brief in support of defendants by movant Worker Advocates, Unions, Community Organizations and Health Experts; (Attachments: # 1 Exhibit A: Identity and Statements of Interest Amici, # 2 Proposed Brief in Support, # 3 Exhibits A-D to Proposed Brief of Amici Curiae) (Marin, Diana) Modified text on 8/24/2020 (ems). (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Samuel Bagenstos on behalf of amicus Worker Advocates, Unions, Community Organizations and Health Experts (Bagenstos, Samuel)

Aug. 20, 2020

Aug. 20, 2020

PACER
34

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file amici curiae brief in support of defendants 33 filed by Worker Advocates, Unions, Community Organizations and Health Experts (Marin, Diana) Modified text on 8/24/2020 (ems). (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
35

RESPONSE TO MOTION for leave to file 31, MOTION for leave to file amici curiae brief in support of defendants 33 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) Modified text on 8/24/2020 (ems). (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
36

ORDER granting 31 motion for leave to file; denying 33 motion for leave to file ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
37

ORDER denying 22 motion to expedite; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
38

ORDER denying 3 motion for preliminary injunction; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
40

BRIEF by amicus Richard Abraham Primus in support of neither party (as filed per Order 36 ) (ems) (Entered: 08/24/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
39

NOTICE OF INTERLOCUTORY APPEAL re 38 by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

APPEAL FEE PAID re 39 by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez in the amount of $505, receipt number AMIWDC-5606145 (Phelps, Aaron)

Aug. 24, 2020

Aug. 24, 2020

PACER

CASE NUMBER 20-1815 assigned by the Sixth Circuit to appeal 39 (mkc)

Aug. 24, 2020

Aug. 24, 2020

PACER
41

LETTER FROM CCA regarding appeal 39 indicating appeal has been docketed as USCA case number 20-1815 (ems) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
42

EMERGENCY MOTION for preliminary injunction Pending Appeal (Expedited Consideration Requested) by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez; (Phelps, Aaron) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
43

BRIEF in support of EMERGENCY MOTION for preliminary injunction Pending Appeal (Expedited Consideration Requested) 42 filed by Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Attachments: # 1 Proposed Order) (Phelps, Aaron) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
44

ORDER denying 42 emergency motion for preliminary injunction pending appeal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
45

SUMMONS returned executed; Robert Gordon served on 8/17/2020, answer due 9/8/2020; Gary McDowell served on 8/14/2020, answer due 9/4/2020; Gretchen Whitmer served on 8/14/2020, answer due 9/4/2020 (Phelps, Aaron) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
46

ORDER of USCA (certified copy) re appeal 39 denying the motion for preliminary injunction and granting the motions to expedite and to file an amicus brief (ems) (Entered: 09/03/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
47

MOTION to dismiss for lack of jurisdiction, MOTION to dismiss for failure to state a claim by defendants Robert Gordon, Gary McDowell, Gretchen Whitmer; (Attachments: # 1 Exhibit A - Order denying PI 6th Cir CoA) (Sands, Mark) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
48

STIPULATION of dismissal by plaintiffs Veronica Botello, Susana Castillo, Manuel Nunez Morales, Jr, Doraelia Nunez, Smeltzer Orchards Co. LLC, Dulce Sostenes, True Blue Berry Management LLC, Clarissa Vasquez (Phelps, Aaron) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

RECAP
49

ORDER approving STIPULATION to dismiss 48 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
50

ORDER of USCA (certified copy) re appeal 39 granting the motion to voluntarily dismiss the appeal ; no mandate to issue (ems) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 11, 2020

Closing Date: Sept. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are several seasonal Latino agricultural workers and two limited liability companies in the fruit harvesting business in Michigan

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

The Governor of Michigan (Lansing, Ingham), State

The Director of the Michigan Department of Health and Human Services (Lansing, Ingham), State

The Director of the Michigan Department of Agriculture and Rural Development (Lansing, Ingham), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Discrimination-basis:

Race discrimination