Davis v. Benson et al
Plaintiff: Robert Davis
Defendant: Cathy M. Garrett and Jocelyn Benson
Case Number: 3:2020cv12130
Filed: August 9, 2020
Court: US District Court for the Eastern District of Michigan
Presiding Judge: Robert H Cleland
Referring Judge: Mark A Goldsmith
2 Judge: Elizabeth A Stafford
3 Judge: R Steven Whalen
Nature of Suit: Civil Rights: Voting
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2020 Filing 21 MOTION to Dismiss CATHY M. GARRETTS MOTION TO DISMISS AMENDED COMPLAINT AND BRIEF IN SUPPORT by Cathy M. Garrett. (Attachments: #1 Exhibit) (Anderson-Davis, Janet)
October 1, 2020 Opinion or Order TEXT-ONLY ORDER GRANTING #20 MOTION for Extension of Time UNTIL 10/6/2020 to File Response/Reply Motion to File Late Motion to Dismiss Amended Complaint and Brief in Support U filed by Cathy M. Garrett. Signed by District Judge Robert H. Cleland. (LWag)
September 29, 2020 Filing 20 MOTION for Extension of Time to File Response/Reply Motion to File Late Motion to Dismiss Amended Complaint and Brief in Support by Cathy M. Garrett. (Attachments: #1 Exhibit) (Anderson-Davis, Janet)
September 14, 2020 Opinion or Order Filing 19 OPINION and ORDER DISMISSING without prejudice Plaintiff's State Claims (Counts III and Count IV) and Plaintiff's Due Process Claim against Defendant Benson Signed by District Judge Robert H. Cleland. (LWag)
September 4, 2020 Opinion or Order Filing 18 STIPULATED ORDER Extending time for 14 days after the resolution of the Order to Show Case for Defendant to file a responsive pleading Signed by District Judge Robert H. Cleland. (LWag)
September 2, 2020 Filing 17 RESPONSE TO ORDER TO SHOW CAUSE why case should not be stayed or dismissed by Jocelyn Benson. (Attachments: #1 Index of Exhibits Exhibit List, #2 Exhibit 1. Court of Claims Opinion and Order) (Grill, Erik)
September 1, 2020 Filing 16 RESPONSE TO ORDER TO SHOW CAUSE CATHY M. GARRETTS RESPONSE TO SHOW CAUSE by Cathy M. Garrett. (Attachments: #1 Exhibit Case Dockets, #2 Exhibit Mahar Affidavit) (Anderson-Davis, Janet)
August 29, 2020 Filing 15 ATTORNEY APPEARANCE: Erik A. Grill appearing on behalf of Jocelyn Benson (Grill, Erik)
August 29, 2020 Filing 14 ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Jocelyn Benson (Meingast, Heather)
August 28, 2020 Filing 13 EXHIBIT On August 28, 2020, the Michigan Court of Appeals Issued and Entered an Amended Order Granting Robert Davis' Motion to Expedite State-Court Appeal against SOS Jocelyn Benson and Established Dates For Submission re #12 Response to Order to Show Cause, by Robert Davis (Paterson, Andrew)
August 28, 2020 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by Robert Davis. (Attachments: #1 Exhibit Ex. A- August 27, 2020 Order from Michigan Court of Appeals Granting Davis' Motion to Expedite Appeal, #2 Exhibit Ex. B- Davis' Emergency Motion to Expedite Appeal filed in Michigan Court of Appeals) (Paterson, Andrew)
August 20, 2020 Opinion or Order Filing 11 ORDER for Robert Davis to Show Cause why the entire case should not be stayed or dismissed without prejudice pursuant to issues of comity, federalism and abstention AND why the court should not decline to exercise supplemental jurisdiction over Counts III and IV and dismiss them without prejudice. Show Cause Response due by 8/27/2020; Defendants are DIRECTED to file a responsive brief by 9/3/2020 Signed by District Judge Robert H. Cleland. (LWag)
August 18, 2020 Filing 10 NOTICE of Appearance by Janet Anderson-Davis on behalf of Cathy M. Garrett. (Anderson-Davis, Janet)
August 17, 2020 Filing 9 AMENDED COMPLAINT with Jury Demand filed by Robert Davis against All Defendants. NO NEW PARTIES ADDED. (Paterson, Andrew)
August 17, 2020 Opinion or Order Filing 8 ORDER REASSIGNING CASE from District Judge Mark A. Goldsmith and Magistrate Judge Elizabeth A. Stafford in Detroit to District Judge Robert H. Cleland and Magistrate Judge R. Steven Whalen in Port Huron. (NAhm)
August 14, 2020 Opinion or Order Filing 7 STIPULATED ORDER Dismissing Without Prejudice Count I Plaintiff's Complaint. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
August 13, 2020 Filing 6 CERTIFICATE of Service/Summons Returned Executed. Cathy M. Garrett served on 8/12/2020, answer due 9/2/2020. (Paterson, Andrew)
August 12, 2020 Filing 5 CERTIFICATE of Service/Summons Returned Executed. Jocelyn Benson served on 8/12/2020, answer due 9/2/2020. (Paterson, Andrew)
August 11, 2020 Filing 4 AFFIDAVIT of Robert Davis re #1 Complaint,, by Robert Davis (Paterson, Andrew)
August 11, 2020 Filing 3 SUMMONS Issued for *Cathy M. Garrett* (LGra)
August 11, 2020 Filing 2 SUMMONS Issued for *Jocelyn Benson* (LGra)
August 11, 2020 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 (LGra)
August 9, 2020 Filing 1 COMPLAINT filed by Robert Davis against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-7976528 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: United States District Court Eastern District of Michigan, 20-cv-11991, Judge Matthew Leitman] [Possible companion case(s): United States District Court Eastern District of Michigan, 20-cv-12129, Judge Robert H. Cleland] (Paterson, Andrew)

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Defendant: Cathy M. Garrett
Represented By: Janet Anderson-Davis
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Defendant: Jocelyn Benson
Represented By: Heather S. Meingast
Represented By: Erik A. Grill
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Plaintiff: Robert Davis
Represented By: Andrew A. Paterson, Jr.
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