Beemer et al v. Whitmer et al
Plaintiff: Robert Muise, Paul Cavanaugh and Kimberly Beemer
Defendant: Allen Telgenhof, Brian L. Mackie, William J. Vailliencourt, Jr., Gretchen Whitmer and Dana Nessel
Case Number: 1:2020cv00323
Filed: April 15, 2020
Court: US District Court for the Western District of Michigan
Presiding Judge: Phillip J Green
Referring Judge: Paul L Maloney
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2020 Opinion or Order Filing 39 STIPULATION AND ORDER allowing plaintiffs to file a single response brief not to exceed 12,000 words due 6/17/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
May 26, 2020 Filing 38 PROPOSED STIPULATION and ORDER to Permit Plaintiffs to File Single Brief in Response to Defendants' Motions to Dismiss by plaintiffs Kimberly Beemer, Robert Muise (Muise, Robert)
May 21, 2020 Filing 37 CERTIFICATE of compliance re word count for Brief in Support of a Motion, #36 filed by Dana Nessel, Gretchen Whitmer (Froehlich, Joseph)
May 21, 2020 Filing 36 BRIEF in support of AMENDED MOTION to dismiss with Certificate of Service #35 filed by Dana Nessel, Gretchen Whitmer (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) (Froehlich, Joseph)
May 21, 2020 Filing 35 AMENDED MOTION to dismiss with Certificate of Service by defendants Dana Nessel, Gretchen Whitmer; (Froehlich, Joseph)
May 20, 2020 Filing 34 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction with Brief in Support by defendant Brian L. Mackie; (Attachments: #1 Index, #2 Exhibit A. Executive Order 2020-4, #3 Exhibit B. Executive Order 2020-5, #4 Exhibit C. Executive Order 2020-9, #5 Exhibit D. Executive Order 2020-11, #6 Exhibit E. Executive Order 2020-21, #7 Exhibit F. Martinko v. Whitmer, No. 20-00062-MM, Michigan Court of Claims) (Mithani, Sonal) Modified text on 5/21/2020 (pjw).
May 20, 2020 Filing 33 CERTIFICATE of compliance re word count for Brief in Support of a Motion, #32 with Certificate of Service filed by Gretchen Whitmer (Froehlich, Joseph)
May 20, 2020 Filing 32 BRIEF in support of MOTION to dismiss with Certificate of Service #31 filed by Gretchen Whitmer (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) (Froehlich, Joseph)
May 20, 2020 Filing 31 MOTION to dismiss with Certificate of Service by defendant Gretchen Whitmer; (Froehlich, Joseph)
April 30, 2020 Opinion or Order Filing 30 STIPULATION AND ORDER; deadline for defendants to answer or otherwise respond to amended complaint is 5/20/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
April 30, 2020 Filing 29 PROPOSED STIPULATION and ORDER Setting Time for Defendants to Answer or Otherwise Respond to Plaintiffs' First Amended Complaint by defendant Brian L. Mackie (Bryant, Joel)
April 30, 2020 Filing 28 SUMMONS returned executed; Dana Nessel served on 4/29/2020, answer due 5/20/2020 (Muise, Robert)
April 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendant Dana Nessel (Froehlich, Joseph)
April 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendant Dana Nessel (Allen, Christopher)
April 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendant Dana Nessel (Fedynsky, John)
April 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendant Dana Nessel (Booth, Joshua)
April 29, 2020 Filing 27 SUMMONS ISSUED as to defendant Dana Nessel (pjw)
April 29, 2020 Filing 26 NOTICE OF VOLUNTARY DISMISSAL re Paul Cavanaugh pursuant to Rule 41(a)(1)(A) as to original Complaint (Doc. No. 1) filed by plaintiff Paul Cavanaugh (Muise, Robert)
April 29, 2020 (DISREGARD) SUMMONS NOT ISSUED as to defendant Dana Nessel (none provided) (pjw) Modified text on 4/29/2020; incorrectly entered (pjw).
April 28, 2020 Filing 25 FIRST AMENDED COMPLAINT against Brian L. Mackie, Gretchen Whitmer filed by Kimberly Beemer, Robert Muise (Attachments: #1 Exhibit 1 - Executive Order 2020-42, #2 Exhibit 2 - Executive Order 2020-59, #3 Summons for new party - Defendant Dana Nessel) (Muise, Robert)
April 27, 2020 Opinion or Order Filing 24 STIPULATION AND ORDER; plaintiff's motion for preliminary injunction #7 is dismissed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
April 26, 2020 Filing 23 PROPOSED STIPULATION and ORDER Resolving Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by plaintiffs Kimberly Beemer, Paul Cavanaugh, Robert Muise (Muise, Robert)
April 24, 2020 Opinion or Order Filing 22 ORDER re #14 #7 Extending Reply Brief Deadline; signed by Magistrate Judge Phillip J. Green (ald)
April 24, 2020 Filing 21 MINUTES held before Magistrate Judge Phillip J. Green of videostatus conference regarding ECF No. 7; parties to work on possiblestipulation; if not possible status conference will be rescheduled; plaintiffs' reply to motion now due by noon on Tuesday, April 28, 2020; order to issue (Proceedings Digitally Recorded) (ald)
April 24, 2020 Filing 20 EXHIBIT re #19 Index of Unpublished Authority to Defendant Telgenhofs Response to Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction by defendant Allen Telgenhof (Attachments: #1 Exhibit 1 - McNeil v Community Probation Services, LLC, #2 Exhibit 2 - Hoover v MI Department of Licensing & Regulatory Affairs) (Brege, Andrew)
April 24, 2020 Filing 19 RESPONSE TO MOTION for temporary restraining order Expedited Consideration Requested #7 filed by Allen Telgenhof (Attachments: #1 Exhibit 1 - Lawsuit Statement) (Brege, Andrew) Modified text on 4/24/2020 (pjw).
April 24, 2020 Filing 18 RESPONSE TO MOTION for temporary restraining order with Brief in Support Expedited Consideration Requested #7 filed by William J. Vailliencourt, Jr (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - April 16, 2020 Statement re Whitmer Federal Lawsuit, #3 Exhibit 2 - April 17, 2020 WHMI Article, #4 Exhibit 3 - April 2, 2020 Tweet, #5 Exhibit 4 - April 14, 2020 Cease and Desist Letter, #6 Exhibit 5 - April 16, 2020 Cease and Desist Letter, #7 Exhibit 6 - Hoover v Michigan Department of Licensing and Regulatory Affairs) (Seward, T.) Modified text on 4/24/2020 (pjw).
April 24, 2020 Filing 17 RESPONSE in opposition to MOTION for temporary restraining order Expedited Consideration Requested #7 filed by Brian L. Mackie (Mithani, Sonal)
April 24, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Thomas David Beindit on behalf of defendant Allen Telgenhof (Beindit, Thomas)
April 23, 2020 Filing 16 NOTICE and Order regarding status conference set for 4/24/2020 at 04:00 PM at by video before Magistrate Judge Phillip J. Green (ald)
April 23, 2020 Opinion or Order Filing 15 ORDER SCHEDULING HEARING regarding MOTION for temporary restraining order #7 : motion hearing is set for 4/30/2020 at 10:00 AM at 601 Federal Building, Grand Rapids, MI before District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
April 23, 2020 Opinion or Order Filing 14 ORDER regarding response to Motion for TRO #7 ; responses due by 12:00 p.m. (noon) on 4/24/2020; reply due by 12:00 p.m. (noon) on 4/27/2020; hearing on motion for preliminary injunction set for 4/30/2020 at 10:00 a.m. in Grand Rapids, Michigan; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
April 23, 2020 Filing 13 SUMMONS returned executed; Brian L. Mackie served on 4/23/2020, answer due 5/14/2020 (Muise, Robert)
April 23, 2020 Filing 12 SUMMONS returned executed; Allen Telgenhof served on 4/23/2020, answer due 5/14/2020 (Muise, Robert)
April 23, 2020 Filing 11 CERTIFICATE of compliance re word count for Response to Motion, #10 filed by Gretchen Whitmer (Froehlich, Joseph)
April 23, 2020 Filing 10 RESPONSE TO MOTION for temporary restraining order Expedited Consideration Requested #7 filed by Gretchen Whitmer (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) (Froehlich, Joseph)
April 23, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joel C. Bryant on behalf of defendant Brian L. Mackie (Bryant, Joel)
April 23, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew James Brege on behalf of defendant Allen Telgenhof (Brege, Andrew)
April 23, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Sonal H. Mithani on behalf of defendant Brian L. Mackie (Mithani, Sonal)
April 22, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of T. Joseph Seward on behalf of defendant William J. Vailliencourt, Jr (Seward, T.)
April 21, 2020 Filing 9 SUMMONS returned executed; William J. Vailliencourt, Jr served on 4/21/2020, answer due 5/12/2020 (Muise, Robert)
April 20, 2020 Filing 8 BRIEF in support of MOTION for temporary restraining order Expedited Consideration Requested #7 with certificate of compliance and certificate of service filed by Kimberly Beemer, Paul Cavanaugh, Robert Muise (Attachments: #1 Exhibit 1 - Declaration of Plaintiff Beemer, #2 Exhibit 2 - Declaration of Plaintiff Cavanaugh, #3 Exhibit 3 - Declaration of Plaintiff Muise, #4 Proposed Order) (Muise, Robert) Modified text on 4/21/2020. (kw)
April 20, 2020 Filing 7 MOTION for temporary restraining order Expedited Consideration Requested by plaintiffs Kimberly Beemer, Paul Cavanaugh, Robert Muise; (Muise, Robert)
April 20, 2020 Opinion or Order Filing 6 ADMINISTRATIVE ORDER 20-CA-033 regarding the assignment of cognate cases to Paul L. Maloney pursuant to Local Civil Rule 3.3.2(c) ; signed by Chief Judge Robert J. Jonker (kvt)
April 17, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendant Gretchen Whitmer (Booth, Joshua)
April 17, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendant Gretchen Whitmer (Fedynsky, John)
April 16, 2020 Filing 5 SUMMONS returned executed; Gretchen Whitmer served on 4/16/2020, answer due 5/7/2020 (Muise, Robert)
April 16, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendant Gretchen Whitmer (Froehlich, Joseph)
April 16, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendant Gretchen Whitmer (Allen, Christopher)
April 15, 2020 Filing 4 SUMMONS ISSUED as to defendants Brian L. Mackie, Allen Telgenhof, William J. Vailliencourt, Jr, Gretchen Whitmer (pjw)
April 15, 2020 Filing 3 NOTICE that this case has been assigned Paul L. Maloney (pjw)
April 15, 2020 Filing 2 PROPOSED SUMMONS to be issued re #1 (Muise, Robert)
April 15, 2020 Filing 1 COMPLAINT against All Defendants filed by Kimberly Beemer, Robert Muise, Paul Cavanaugh (Attachments: #1 Exhibit 1 - Executive Order 2020-42) (Muise, Robert)
April 15, 2020 FILING FEE PAID re #1 by plaintiffs Kimberly Beemer, Paul Cavanaugh, Robert Muise in the amount of $400, receipt number AMIWDC-5134918 (Muise, Robert)

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Search for this case: Beemer et al v. Whitmer et al
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Defendant: Allen Telgenhof
Represented By: Andrew James Brege
Represented By: Thomas David Beindit
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Defendant: Brian L. Mackie
Represented By: Joel C. Bryant
Represented By: Sonal H. Mithani
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Defendant: William J. Vailliencourt, Jr.
Represented By: T. Joseph Seward
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Defendant: Gretchen Whitmer
Represented By: Christopher M. Allen
Represented By: John G. Fedynsky
Represented By: Joseph T. Froehlich
Represented By: Joshua O. Booth
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Defendant: Dana Nessel
Represented By: Christopher M. Allen
Represented By: John G. Fedynsky
Represented By: Joseph T. Froehlich
Represented By: Joshua O. Booth
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Plaintiff: Robert Muise
Represented By: Robert J. Muise
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Plaintiff: Paul Cavanaugh
Represented By: Robert J. Muise
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Plaintiff: Kimberly Beemer
Represented By: Robert J. Muise
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