Case: Davis v. Wayne County Election Commission

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Stanford-MIT Healthy Elections Project

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-7905443 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Paterson, Andrew) (Entered: 07/06/2020)

SUMMONS Issued for * All Defendants * (TTho) (Entered: 07/06/2020)

NOTICE of Appearance by Rasul M. Raheem on behalf of Brenda Jones. (Raheem, Rasul) (Entered: 07/06/2020)

Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Soon-To-Be Filed Motion for Summary Judgment for Counts III and IV ONLY by All Plaintiffs. (Paterson, Andrew) (Entered: 07/07/2020)

Emergency MOTION for Summary Judgment for Counts III and IV ONLY Pursuant to Fed.R.Civ.P. 56 by All Plaintiffs. (Paterson, Andrew) (Entered: 07/07/2020)

Amended MOTION for Summary Judgment Amended Emergency Motion for Summary Judgment for Counts III and IV Only Pursuant to Fed.R.Civ.P. 56 by All Plaintiffs. (Paterson, Andrew) (Entered: 07/07/2020)

CERTIFICATE of Service/Summons Returned Executed. Cathy M. Garrett served on 7/7/2020, answer due 7/28/2020. (Paterson, Andrew) (Entered: 07/07/2020)

CERTIFICATE of Service/Summons Returned Executed. Wayne County Election Commission served on 7/7/2020, answer due 7/28/2020. (Attachments: # 1 Exhibit Michigan Supreme Court Administrative Order 2020-19, # 2 Exhibit Michigan Supreme Court's Administrative Order 2020-09) (Paterson, Andrew) (Entered: 07/07/2020)

CERTIFICATE of Service/Summons Returned Executed. Brenda Jones served on 7/7/2020, answer due 7/28/2020. (Attachments: # 1 Exhibit Michigan Supreme Court Administrative Order 2020-19, # 2 Exhibit Michigan Supreme Court's Administrative Order 2020-09) (Paterson, Andrew) (Entered: 07/07/2020)

CERTIFICATE of Service/Summons Returned Executed. Janice Winfrey served on 7/7/2020, answer due 7/28/2020. (Attachments: # 1 Exhibit Michigan Supreme Court Administrative Order 2020-19, # 2 Exhibit Michigan Supreme Court's Administrative Order 2020-09) (Paterson, Andrew) (Entered: 07/07/2020)

CERTIFICATE of Service/Summons Returned Executed. Detroit Department of Elections served on 7/7/2020, answer due 7/28/2020. (Paterson, Andrew) (Entered: 07/07/2020)

CERTIFICATE of Service/Summons Returned Executed. Detroit Election Commission served on 7/7/2020, answer due 7/28/2020. (Paterson, Andrew) (Entered: 07/07/2020)

CERTIFICATE of Service/Summons Returned Executed. Wayne County Board of Canvassers served on 7/7/2020, answer due 7/28/2020. (Attachments: # 1 Exhibit Michigan Supreme Court Administrative Order 2020-19, # 2 Exhibit Michigan Supreme Court's Administrative Order 2020-09) (Paterson, Andrew) (Entered: 07/08/2020)

NOTICE of Appearance by Janet Anderson-Davis on behalf of Cathy M. Garrett, Wayne County Board of Canvassers, Wayne County Election Commission. (Anderson- Davis, Janet) (Entered: 07/08/2020)

RESPONSE to 4 Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Soon-To-Be Filed Motion for Summary Judgment for Counts III and IV ONLY filed by Cathy M. Garrett, Wayne County Board of Canvassers, Wayne County Election Commission. (Attachments: # 1 Exhibit) (Anderson-Davis, Janet) (Entered: 07/08/2020)

INDEX of Exhibits re 7 Amended MOTION for Summary Judgment Amended Emergency Motion for Summary Judgment for Counts III and IV Only Pursuant to Fed.R.Civ.P. 56 , 5 Emergency MOTION for Summary Judgment for Counts III and IV ONLY Pursuant to Fed.R.Civ.P. 56 , 1 Complaint, by All Plaintiffs (Attachments: # 1 Exhibit Exhibit A- Defendant Brenda Jones' Affidavit of Identity Filed With Defendant Wayne County Clerk To Qualify As A Candidate for the Office of U.S. Congress for 13th Congressional District, # 2 Exhibit Exhibit B- Plaintiff Davis' May 30, 2020 Email to Gil Flowers and Gil Flowers' June 2, 2020 Response, # 3 Document Continuation Defendant Jones' Candidate Committee, # 4 Document Continuation Continuation of Exhibit B-December 3, 2019 Second Error and Omission Letter sent to Defendant Jones' Candidate Committee, # 5 Document Continuation Continuation of Exhibit B- February 11, 2020 Error and Omission Letter sent to Defendant Jones' Candidate Committee, # 6 Document Continuation Continuation of Exhibit B- February 25, 2020 Second Error and Omission letter sent to Defendant Jones' Candidate Committee, # 7 Exhibit Exhibit C- Plaintiff Davis' June 1, 2020 Email to Gil Flowers and Gil Flowers' June 3, 2020 Response, # 8 Exhibit Exhibit D- Plaintiff Davis' affidavit in support of motion and verifying complaint) (Paterson, Andrew) (Entered: 07/08/2020)

ORDER Declining to Exercise Supplemental Jurisdiction Over any State Law Claims in this Action; Terminating Certain Parties; Denying 4 Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiffs' Soon-To-Be Filed Motion for Summary Judgment for Counts III and IV ONLY filed by Robert Davis, Venias Jordan, Jr., and Denying as Moot 5 Emergency MOTION for Summary Judgment for Counts III and IV ONLY Pursuant to Fed.R.Civ.P. 56 filed by Robert Davis, Venias Jordan, Jr. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 07/08/2020)

ORDER Denying as Moot 7 Amended Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 07/08/2020)

NOTICE of Appearance by Janet Anderson-Davis on behalf of Cathy M. Garrett, Wayne County Board of Canvassers, Wayne County Election Commission. (Anderson- Davis, Janet) (Entered: 07/09/2020)

ANSWER to Complaint with Affirmative Defenses by Janice Winfrey. (Noseda, James) (Entered: 07/13/2020)

MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT by Wayne County Election Commission. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit) (Anderson-Davis, Janet) (Entered: 07/27/2020)

MOTION for Leave to File First-Amended Complaint by Robert Davis. (Attachments: # 1 Exhibit Exhibit A- Proposed Amended Complaint) (Paterson, Andrew) (Entered: 08/13/2020)

Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiff's Motion for Leave to File Amended Complaint (ECF No. 23) by Robert Davis. (Paterson, Andrew) (Entered: 08/13/2020)

RESPONSE to 24 Emergency MOTION to Expedite Briefing, Scheduling and Adjudication of Plaintiff's Motion for Leave to File Amended Complaint (ECF No. 23) , 23 MOTION for Leave to File First-Amended Complaint WAYNE COUNTYS ANSWER TO ROBERT DAVIS EMERGENCY MOTION TO EXPEDITE BRIEFING, SCHEDULING AND ADJUDICATION OF PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT filed by Wayne County Election Commission. (Anderson-Davis, Janet) (Entered: 08/14/2020)

MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT by Robert Davis. (Paterson, Andrew) (Entered: 08/18/2020)

RESPONSE to 26 MOTION for Extension of Time to File Response/Reply as to 22 DISMISS AND BRIEF IN SUPPORT WAYNE COUNTYS ANSWER TO PLAINTIFFS MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT WAYNE COUNTY ELECTION COMMISSIONS MOTION TO DISMISS (ECF 26) filed by Wayne County Election Commission. (Anderson-Davis, Janet) (Entered: 08/19/2020)

RESPONSE to 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT filed by Robert Davis. (Paterson, Andrew) (Entered: 08/20/2020)

Amended MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT by Robert Davis. (Paterson, Andrew) (Entered: 08/20/2020)

NOTICE by Robert Davis of withdrawal of 26 MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT . (Paterson, Andrew) (Entered: 08/20/2020)

TEXT-ONLY ORDER Granting 29 Amended MOTION for Extension of Time to File Response as to 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT filed by Robert Davis. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 08/20/2020)

REPLY to Response re 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT WAYNE COUNTY ELECTION COMMISSIONS REPLY TO PLAINTIFFS RESPONSE TO MOTION TO DISMISS (ECF 28) filed by Wayne County Election Commission. (Attachments: # 1 Exhibit EX 23 - 8-20-20 order (20-12130)) (Anderson-Davis, Janet) (Entered: 08/21/2020)

RESPONSE to 23 MOTION for Leave to File First-Amended Complaint filed by Janice Winfrey. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Noseda, James) (Entered: 08/24/2020)

ERRATA Sheet re: 31 Reply to Response to Motion, filed by Wayne County Election Commission. by Wayne County Election Commission NOTICE OF ERRATA FOR REPLY BRIEF FILED BY WAYNE COUNTY ELECTION COMMISSION (Attachments: # 1 Exhibit Exhibit 23) (Anderson-Davis, Janet) (Entered: 08/26/2020)

NOTICE OF HEARING BY VIDEO CONFERENCE on 23 MOTION for Leave to File First-Amended Complaint, 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS AND BRIEF IN SUPPORT. Motion Hearing set for 12/10/2020 at 02:00 PM before District Judge Sean F. Cox |Zoom Webinar Information: https://www.zoomgov.com/j/1611998887?pwd=ajc5SkQ2YTVWd09qRW5jejZPQWtmZz09 Passcode: 846803 Or iPhone one-tap : US: +16692545252,,1611998887# or +16468287666,,1611998887#| (JMcC) (Entered: 10/08/2020)

Minute Entry for proceedings before District Judge Sean F. Cox: Motion Hearing held on 12/10/2020 re 23 MOTION for Leave to File First-Amended Complaint filed by Robert Davis, and 22 MOTION to Dismiss WAYNE COUNTY ELECTION COMMISSION MOTION TO DISMISS filed by Wayne County Election Commission. Disposition: Motions taken under advisement (Court Reporter: Andrea Wabeke) (JMcC)

OPINION AND ORDER granting 22 Motion to Dismiss; Denying 23 Motion for Leave to File; and Denying 24 Motion to Expedite. Signed by District Judge Sean F. Cox. (JMcC)

Judgment*