The Indigenous American People Inhabiting the County of Wayne, Michigan v. Wayne County Muncipal Corporation et al
| The Indigenous American People Inhabiting the County of Wayne, Michigan, Kaamala El, Ronald L. March, Barbara March, Malik Bey, Carla Rene Folson, Betty Taylor, Wallace Phelps, Doris LaBordeaux, Mary J. Peyton, Ishmael Bey, Alhakeem Elshabazz Ali, Amis Rashid El, Toylin Hawkins, Clifford Stafford and Trini Atun El Bey |
| Wayne County Muncipal Corporation, Eric R. Sabree, Cathy M. Garrett, Raymond J. Wojtowicz, Warren C. Evans, Wayne County Clerk, Wayne County Treasurer, City of Detroit Assessors Division, Wayne County Equalization Division and Mike Duggan |
| 2:2019cv12579 |
| September 3, 2019 |
| US District Court for the Eastern District of Michigan |
| David R. Grand |
| Laurie J Michelson |
| Real Property: Foreclosure |
| Plaintiff |
Docket Report
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Filing 67
COPY of #62 Report and Recommendation mailed to Ronald L. March and returned as undeliverable (DPer)
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Filing 66
JUDGMENT. Signed by District Judge Laurie J. Michelson. (EKar)
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Filing 65
OPINION AND ORDER Accepting Magistrate Judge's Report and Recommendation #62 and Dismissing Amended Complaint #23 without Prejudice for Lack of Subject-Matter Jurisdiction. Signed by District Judge Laurie J. Michelson. (EKar)
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TEXT-ONLY CERTIFICATE OF SERVICE re #65 Order Adopting Report and Recommendation, #66 Judgment on Alhakeem Elshabazz Ali, Ishmael Bey, Malik Bey, Amis Rashid El, Kaamala El, Trini Atun El Bey, Toylin Hawkins, Doris LaBordeaux, Barbara March, Ronald L. March, Mary J. Peyton, Wallace Phelps, Clifford Stafford, Betty Taylor, The Indigenous American People Inhabiting the County of Wayne, Michigan. (EKar)
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Filing 64
RESPONSE to #62 REPORT AND RECOMMENDATION re #34 MOTION re #23 Amended Complaint,, Wayne County Respondents' Brief In Support Of Motion To Dismiss filed by Wayne County Treasurer, #35 MOTION WC Respondents' Corrected Motion To Dismis filed by City of Detroit Assessors Division, Mike Duggan. (Noseda, James)
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Filing 63
OBJECTION to #62 Report and Recommendation by The Indigenous American People Inhabiting the County of Wayne, Michigan. (SSch)
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Filing 62
REPORT AND RECOMMENDATION re #34 MOTION re #23 Amended Complaint,, Wayne County Respondents' Brief In Support Of Motion To Dismiss filed by Wayne County Treasurer, #35 MOTION WC Respondents' Corrected Motion To Dismiss And Brief in Support re #23 Amended Complaint,, WC Respondents' Corrected Motion To Dismiss And Brief In Support filed by Wayne County Treasurer, #33 Second MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS SECOND MOTION TO DISMISS AND BRIEF IN SUPPORT filed by Wayne County Clerk, Cathy M. Garrett, #42 MOTION to Dismiss filed by City of Detroit Assessors Division, Mike Duggan Signed by Magistrate Judge David R. Grand. (EBut)
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Filing 61
ORDER denying #38 Motion for Leave to File; denying #40 Motion for Reconsideration ; denying #47 Motion for Leave to File; denying #52 Motion for Leave to File; denying #59 Motion to Strike. Signed by Magistrate Judge David R. Grand. (EBut)
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TEXT-ONLY CERTIFICATE OF SERVICE re #62 REPORT AND RECOMMENDATION re #34 MOTION re #23 Amended Complaint,, Wayne County Respondents' Brief In Support Of Motion To Dismiss filed by Wayne County Treasurer, #35 MOTION WC Respondents' Corrected Motion To Dismis, #61 Order on Motion for Leave to File,, Order on Motion for Reconsideration,,,,,, Order on Motion to Strike, on The Indigenous American People Inhabiting the County of Wayne, Michigan C/O BETTY TAYLOR at P.O. BOX 760052, LATHRUP VILLAGE, MI 48076. (EBut)
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TEXT-ONLY CERTIFICATE OF SERVICE re #62 REPORT AND RECOMMENDATION re #34 MOTION re #23 Amended Complaint,, Wayne County Respondents' Brief In Support Of Motion To Dismiss filed by Wayne County Treasurer, #35 MOTION WC Respondents' Corrected Motion To Dismis, #61 Order on Motion for Leave to File,, Order on Motion for Reconsideration,,,,,, Order on Motion to Strike, on Ronald L. March at P.O. BOX 760052, LATHRUP VILLAGE, MI 48076. (EBut)
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Filing 60
COPY of #45 Order mailed to Ronald L. March and returned as undeliverable (DPer)
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Filing 59
MOTION to strike statement of fact of death with motion to dismiss respondent Raymond J. Wojtowicz by petitioners. (DPer)
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Filing 58
Mail Returned as Undeliverable. Mail sent to Ronald L. March re #32 Clerks Entry of Default/Default Judgment - Denied, #30 Clerks Entry of Default/Default Judgment - Denied, #31 Clerks Entry of Default/Default Judgment - Denied (NAhm)
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Filing 57
Statement of Fact of Death with Motion to Dismiss Respondent Raymond J. Wojtowicz and Brief in Support STATEMENT of Statement of Fact of Death with Motion To Dismiss Respondent Raymond J. Wojtowicz and Brief In Support by Wayne County Treasurer (Attachments: #1 Exhibit Exhibit A) (Daniels, Blair)
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Filing 56
RESPONSE to #52 MOTION for Leave to File WC Respondents' Response To Petitioners' Motion For Leave To File Corrected Third Amended Petition filed by Wayne County Treasurer. (Daniels, Blair)
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Filing 55
ORDER Accepting Report and Recommendation #46 and Denying as Moot Garrett's Motion to Dismiss #19 and Corrected Motion to Dismiss #20 . Signed by District Judge Laurie J. Michelson. (EKar)
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TEXT-ONLY CERTIFICATE OF SERVICE re #55 Order Adopting Report and Recommendation on The Indigenous American People Inhabiting the County of Wayne, Michigan c/o Betty Taylor, P.O. Box 760052, Lathrup Village, MI 48076. (EKar)
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Filing 54
RESPONSE to #52 MOTION for Leave to File filed by City of Detroit Assessors Division, Mike Duggan. (Noseda, James)
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Filing 53
RESPONSE to #52 MOTION for Leave to File, #47 MOTION for Leave to File CATHY M. GARRETTS, IN HER PRIVATE AND PUBLIC CAPACITIES, THE OFFICE OF THE WAYNE COUNTY CLERKS, AND CLERK OF THE CIRCUIT COURTS RESPONSE TO PETITIONERS MOTION FOR LEAVE TO FILE THIRD AMENDED PETITION filed by Cathy M. Garrett, Wayne County Clerk. (Anderson-Davis, Janet)
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Filing 52
MOTION for leave to file third amended petition by petitioners (DPer)
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Filing 51
SUMMONS Issued for *Wayne County Equalization Division* (DPer)
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Filing 50
SUMMONS Issued for various defendants (Attachments: #1 Summons, #2 Summons, #3 Summons) (ATee)
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Filing 49
CERTIFICATE OF SERVICE of City of Detroit Assessors Division, Mike Duggan (Attachments: #1 Document Continuation) (SSch)
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Filing 48
AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. [New Parties Not Added] (Attachments: #1 Document Continuation) (SSch)
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Filing 47
MOTION for Leave to File Third Amended Petition by All Plaintiffs. (SSch)
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Filing 46
REPORT AND RECOMMENDATION re #20 Amended MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS CORRECTED MOTION TO DISMISS AND BRIEF IN SUPPORT filed by Wayne County Clerk, Cathy M. Garrett, #19 MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS BRIEF IN SUPPORT MOTION TO DISMISS filed by Wayne County Clerk, Cathy M. Garrett, #25 MOTION to Strike #23 Amended Complaint,, COUNTY CLERK CATHY M. GARRETTS MOTION TO STRIKE AND BRIEF IN SUPPORT filed by Wayne County Clerk, Cathy M. Garrett Signed by Magistrate Judge David R. Grand. (EBut)
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Filing 45
ORDER denying #39 Motion. Signed by Magistrate Judge David R. Grand. (EBut)
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TEXT-ONLY CERTIFICATE OF SERVICE re #45 Order on Motion - Free, #46 REPORT AND RECOMMENDATION re #20 Amended MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS CORRECTED MOTION TO DISMISS AND BRIEF IN SUPPORT filed by Wayne County Clerk, Cathy M. Garrett, #19 MOTION to Dismiss COUNTY CLERK CATHY M. GAR on Ronald L. March at P.O. BOX 760052, LATHRUP VILLAGE, MI 48076. (EBut)
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TEXT-ONLY CERTIFICATE OF SERVICE re #45 Order on Motion - Free, #46 REPORT AND RECOMMENDATION re #20 Amended MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS CORRECTED MOTION TO DISMISS AND BRIEF IN SUPPORT filed by Wayne County Clerk, Cathy M. Garrett, #19 MOTION to Dismiss COUNTY CLERK CATHY M. GAR on The Indigenous American People Inhabiting the County of Wayne, Michigan c/o Betty Taylor at P.O. BOX 760052, LATHRUP VILLAGE, MI 48076. (EBut)
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Filing 44
RESPONSE to #39 MOTION to Determine of Wrongdoer Raymond J Wotjowicz has Waived Service or in the Alternative an Extension of Time to Serve Raymond J WOtjowicz for Alternate Service Wayne County Respondents' Response To Petitioners "Motion To Determime Of Respondent Raymond J. Wojtowicz Has Waived Service Or In The Alterlative An Extension Of Time To Serve Raymond J. Wojtowicz And For Alternative Service" filed by Wayne County Treasurer. (Daniels, Blair)
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Filing 43
RESPONSE to #38 MOTION for Leave to File Wayne County Respondents' Response To Petitioners Motion For Leave To File Second Amended Petition filed by Wayne County Treasurer. (Daniels, Blair)
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Filing 42
MOTION to Dismiss by City of Detroit Assessors Division, Mike Duggan. (Attachments: #1 Index of Exhibits, #2 Exhibit a, #3 Exhibit b, #4 Index of Exhibits c) (Noseda, James)
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Filing 41
RESPONSE to #38 MOTION for Leave to File CATHY M. GARRETTS, IN HER PRIVATE AND PUBLIC CAPACITIES, THE OFFICE OF THE WAYNE COUNTY CLERKS, AND CLERK OF THE CIRCUIT COURTS RESPONSE TO PETITIONERS MOTION FOR LEAVE TO FILE SECOND AMENDED PETITION filed by Cathy M. Garrett, Wayne County Clerk. (Anderson-Davis, Janet)
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Filing 40
MOTION for Reconsideration re #30 Clerks Entry of Default/Default Judgment - Denied by Alhakeem Elshabazz Ali, Ishmael Bey, Malik Bey, Amis Rashid El, Kaamala El, Trini Atun El Bey, Toylin Hawkins, Doris LaBordeaux, Barbara March, Ronald L. March, Mary J. Peyton, Wallace Phelps, Clifford Stafford, Betty Taylor. (SSch)
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Filing 39
MOTION to Determine of Wrongdoer Raymond J Wotjowicz has Waived Service or in the Alternative an Extension of Time to Serve Raymond J Wotjowicz for Alternate Service by Ronald L. March. (SSch)
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Filing 38
MOTION for Leave to File Second Amended Petition by Ronald L. March. (Attachments: #1 Document Continuation) (SSch)
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Filing 37
SUPPLEMENTAL BRIEF re #35 MOTION WC Respondents' Corrected Motion To Dismiss And Brief in Support re #23 Amended Complaint,, WC Respondents' Corrected Motion To Dismiss And Brief In Support filed by Wayne County Muncipal Corporation. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8) (Daniels, Blair)
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Filing 36
RESPONSE to #25 MOTION to Strike #23 Amended Complaint,, COUNTY CLERK CATHY M. GARRETTS MOTION TO STRIKE AND BRIEF IN SUPPORT filed by Raymond J. Wojtowicz. (Attachments: #1 Document Continuation) (SSch)
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Filing 35
MOTION WC Respondents' Corrected Motion To Dismiss And Brief in Support re #23 Amended Complaint,, WC Respondents' Corrected Motion To Dismiss And Brief In Support by Wayne County Treasurer. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B) (Daniels, Blair)
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Filing 34
MOTION re #23 Amended Complaint,, Wayne County Respondents' Brief In Support Of Motion To Dismiss by Wayne County Treasurer. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B) (Daniels, Blair)
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Filing 33
Second MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS SECOND MOTION TO DISMISS AND BRIEF IN SUPPORT by Cathy M. Garrett, Wayne County Clerk. (Attachments: #1 Exhibit Certification of November 2012 Election Results, #2 Exhibit Wojtowicz Retirement Letter, #3 Exhibit Appointment of Hathaway as Treasurer, #4 Exhibit Hathaway Resignation Letter, #5 Exhibit Appointment of Sabree as Treasurer, #6 Exhibit Sabree Oath April 9, 2016, #7 Exhibit Sabree Affidavit of Identity, #8 Exhibit Certificate of Determination of November 2016 Election Results, #9 Exhibit Sabree Oath June 30, 2017, #10 Exhibit Bsharah v Wayne County Clerk and Wayne County Election Comn) (Anderson-Davis, Janet)
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Filing 32
NOTICE OF DENIAL of Clerk's Entry of Default as to *Eric R. Sabree*. Reason: *An answer to the complaint was filed by the defendant on 10/17/19 (doc. 14).* (DPer)
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Filing 31
NOTICE OF DENIAL of Clerk's Entry of Default as to *Warren C. Evans*. Reason: *An answer to the complaint was filed by the defendant on 10/17/19 (doc. 14).* (DPer)
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Filing 30
NOTICE OF DENIAL of Clerk's Entry of Default as to *Cathy M. Garrett*. Reason: *A motion to dismiss was filed 10/29/19 by the defendant (doc. 19).* (DPer)
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Filing 29
REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Eric R. Sabree by Ronald L. March. (DPer)
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Filing 28
REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Warren C. Evans by Ronald L. March. (DPer)
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Filing 27
REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Cathy M. Garrett by Ronald L. March. (DPer)
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Filing 26
SUMMONS Issued for *Raymond J. Wojtowicz* (DPer)
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Filing 25
MOTION to Strike #23 Amended Complaint,, COUNTY CLERK CATHY M. GARRETTS MOTION TO STRIKE AND BRIEF IN SUPPORT by Cathy M. Garrett, Wayne County Clerk. (Attachments: #1 Exhibit Certification of November 2012 Election Results, #2 Exhibit Wojtowicz Retirement Letter, #3 Exhibit Appointment of Hathaway as Treasurer, #4 Exhibit Hathaway Resignation Letter, #5 Exhibit Appointment of Sabree as Treasurer, #6 Exhibit Sabree Oath April 9, 2016, #7 Exhibit Sabree Affidavit of Identity, #8 Exhibit Certificate of Determination of November 2016 Election Results, #9 Exhibit Sabree Oath June 30, 2017) (Anderson-Davis, Janet)
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Filing 24
SUMMONS Issued for *City of Detroit Assessors Division, Mike Duggan, Wayne County Equalization Division* (NAhm)
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Filing 23
AMENDED COMPLAINT [PETITION] with Jury Demand filed by Ishmael Bey, Doris LaBordeaux, Toylin Hawkins, The Indigenous American People Inhabiting the County of Wayne, Michigan, Amis Rashid El, Betty Taylor, Barbara March, Alhakeem Elshabazz Ali, Ronald L. March, Malik Bey, Clifford Stafford, Trini Atun El Bey, Kaamala El, Mary J. Peyton, Wallace Phelps against City of Detroit Assessors Division, Mike Duggan, Warren C. Evans, Cathy M. Garrett, Eric R. Sabree, Wayne County Clerk, Wayne County Equalization Division, Wayne County Muncipal Corporation, Wayne County Treasurer, Raymond J. Wojtowicz. (Attachments: #1 Document Continuation) (NAhm)
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Filing 22
CERTIFICATE of Service/Summons Returned Executed. Warren C. Evans served on 9/26/2019, answer due 10/17/2019; Eric R. Sabree served on 9/27/2019, answer due 10/18/2019; Wayne County Clerk served on 9/27/2019, answer due 10/18/2019; Wayne County Muncipal Corporation served on 9/26/2019, answer due 10/17/2019; Wayne County Treasurer served on 9/27/2019, answer due 10/18/2019. (NAhm)
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Filing 21
ORDER Requiring Response to #20 Motion to Dismiss,,. Response due by 11/18/2019 Reply due by 12/2/2019 Signed by Magistrate Judge David R. Grand. (EBut)
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Filing 20
Amended MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS CORRECTED MOTION TO DISMISS AND BRIEF IN SUPPORT by Cathy M. Garrett, Wayne County Clerk. (Attachments: #1 Exhibit Certification of November 2012 Election Results, #2 Exhibit Wojtowicz Retirement Letter, #3 Exhibit Appointment of Hathaway as Treasurer, #4 Exhibit Hathaway Resignation Letter, #5 Exhibit Appointment of Sabree as Treasurer, #6 Exhibit Sabree Oath April 9, 2016, #7 Exhibit Sabree Affidavit of Identity, #8 Exhibit Certificate of Determination of November 2016 Election Results, #9 Exhibit Sabree Oath June 30, 2017, #10 Exhibit Bsharah v Wayne County Clerk and Wayne County Election Comn) (Anderson-Davis, Janet)
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TEXT-ONLY CERTIFICATE OF SERVICE re #21 Order Requiring Responsive Pleading on The Indigenous American People Inhabiting the County of Wayne, Michigan at P.O. BOX 760052, LATHRUP VILLAGE, MI 48076. (EBut)
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Filing 19
MOTION to Dismiss COUNTY CLERK CATHY M. GARRETTS BRIEF IN SUPPORT MOTION TO DISMISS by Cathy M. Garrett, Wayne County Clerk. (Attachments: #1 Exhibit Certification of November 2012 Election Results, #2 Exhibit Wojtowicz Retirement Letter, #3 Exhibit Appointment of Hathaway as Treasurer, #4 Exhibit Hathaway Resignation Letter, #5 Exhibit Appointment of Sabree as Treasurer, #6 Exhibit Sabree Oath April 9, 2016, #7 Exhibit Sabree Affidavit of Identity, #8 Exhibit Certificate of Determination of November 2016 Election Results, #9 Exhibit Sabree Oath June 30, 2017, #10 Exhibit Bsharah v Wayne County Clerk and Wayne County Election Comn) (Anderson-Davis, Janet)
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Filing 18
ORDER REGARDING REPRESENTATION. Signed by Magistrate Judge David R. Grand. (EBut)
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TEXT-ONLY CERTIFICATE OF SERVICE re #18 Order on The Indigenous American People Inhabiting the County of Wayne, Michigan at P.O. BOX 760052, LATHRUP VILLAGE, MI 48076. (EBut)
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Filing 17
NOTICE of Appearance by Janet Anderson-Davis on behalf of Cathy M. Garrett, Wayne County Clerk. (Anderson-Davis, Janet)
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Filing 16
ATTORNEY APPEARANCE: Cynthia M. Yun appearing on behalf of Wayne County Treasurer Notice of Appearance of Counsel (Yun, Cynthia)[APPEARANCE ON BEHALF OF RESPONDENTS] Modified on 10/21/2019 (DPer).
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Filing 15
ATTORNEY APPEARANCE: Blair Yvette Daniels appearing on behalf of Wayne County Treasurer Notice of Appearance of Counsel (Daniels, Blair)[APPEARANCE ON BEHALF OF RESPONDENTS] Modified on 10/21/2019 (DPer).
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Filing 14
ANSWER to Complaint with Affirmative Defenses WC Respondents' Answer and Affirmative Defenses by Wayne County Treasurer. (Daniels, Blair)
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Filing 13
ORDER Overruling Plaintiff's Objection #12 , Accepting Report and Recommendation #11 , and Denying Plaintiff's Ex Parte Motion for a Temporary Restraining Order #2 . Signed by District Judge Laurie J. Michelson. (EKar)
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TEXT-ONLY CERTIFICATE OF SERVICE re #13 Order Adopting Report and Recommendation on The Indigenous American People Inhabiting the County of Wayne, Michigan at c/o Betty Taylor, P.O. Box 760052, Lathrup Village, MI 48076. (EKar)
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Filing 12
OBJECTION to #11 Report and Recommendation by The Indigenous American People Inhabiting the County of Wayne, Michigan. (DPer)
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Filing 11
REPORT AND RECOMMENDATION re #2 MOTION for Temporary Restraining Order filed by The Indigenous American People Inhabiting the County of Wayne, Michigan Signed by Magistrate Judge David R. Grand. (EBut)
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TEXT-ONLY CERTIFICATE OF SERVICE re #11 REPORT AND RECOMMENDATION re #2 MOTION for Temporary Restraining Order filed by The Indigenous American People Inhabiting the County of Wayne, Michigan on The Indigenous American People Inhabiting the County of Wayne, Michigan at P.O. BOX 760052, LATHRUP VILLAGE, MI 48076. (EBut)
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Filing 10
SUMMONS Issued for *Warren C. Evans, Cathy M. Garrett, Eric R. Sabree, Wayne County Clerk, Wayne County Muncipal Corporation, Wayne County Treasurer, Raymond J. Wojtowicz* (SOso)
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Filing 9
Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas)
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Filing 8
SUMMONS Issued for *Warren C. Evans, Cathy M. Garrett, Eric R. Sabree, Wayne County Clerk, Wayne County Muncipal Corporation, Wayne County Treasurer, Raymond J. Wojtowicz* (DPer)
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FILING FEE Received in the amount of $400 by The Indigenous American People Inhabiting the County of Wayne, Michigan - Receipt No. DET125157 [No Image Associated with this docket entry] (RBog)
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Filing 7
ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand. Signed by District Judge Laurie J. Michelson. (WBar)
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Filing 6
ORDER REASSIGNING CASE from Magistrate Judge Elizabeth A. Stafford to Magistrate Judge David R. Grand. (NAhm)
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Filing 5
ORDER Referring Pretrial Matters to Magistrate Judge Elizabeth A. Stafford. Signed by District Judge Laurie J. Michelson. (WBar)
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Filing 3
Notice of Filing Fee Not Paid. Correction due by 9/11/2019 (SOso)
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Filing 2
MOTION for Ex Parte Emergency Temporary Restraining Order Seeking Injunctive Relief by The Indigenous American People Inhabiting the County of Wayne, Michigan. (SOso)
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Filing 1
PETITION filed by The Indigenous American People Inhabiting the County of Wayne, Michigan against Warren C. Evans, Cathy M. Garrett, Eric R. Sabree, Wayne County Muncipal Corporation, Raymond J. Wojtowicz (SOso)
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