CH Royal Oak, LLC v. Whitmer et al
Plaintiff: CH ROYAL OAK, LLC and CH Royal Oak, LLC doing business as Emagine Theatre
Defendant: Robert Gordon, Gretchen E. Whitmer and Dana Nessel
Case Number: 1:2020cv00570
Filed: June 22, 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: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2020 Opinion or Order Filing 29 ORDER dismissing case; approving STIPULATION #27 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
September 14, 2020 Opinion or Order Filing 28 (DISREGARD) ORDER dismissing case; approving STIPULATION #27 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) Modified text on 9/15/2020 per Chambers (ns).
September 14, 2020 (NON-DOCUMENT) NOTICE that Order on Stipulation and Proposed Order #28 was filed in error and should be disregarded as the wrong document is attached (Judge Paul L. Maloney, acr)
September 11, 2020 Filing 27 CORRECTED PROPOSED STIPULATION and ORDER of dismissal without prejudice and without costs by plaintiff CH Royal Oak, LLC (Attachments: #1 Exhibit Proposed Order) (McCarthy, Daniel) Modified text on 9/11/2020 (ns).
September 11, 2020 Filing 26 NOTICE to attorney Daniel J. McCarthy regarding recent filing #25 (ns)
September 11, 2020 Filing 25 PROPOSED STIPULATION and ORDER dismissing case without prejudice and without costs by plaintiff CH Royal Oak, LLC (McCarthy, Daniel) Modified text on 9/11/2020 (ns).
August 31, 2020 Filing 24 CERTIFICATE of compliance re word count for Reply to Response to Motion #23 filed by Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Barranco, Kyla)
August 31, 2020 Filing 23 REPLY to response to motion #14 filed by Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Attachments: #1 Exhibit W, Order in MIED 20-cv-11020) (Barranco, Kyla)
August 17, 2020 Filing 22 RESPONSE in opposition to MOTION to dismiss for failure to state a claim and in Lieu of an Answer #14 filed by CH Royal Oak, LLC (Attachments: #1 Exhibit 1, Amicus Brief, Legislature v. Governor (Mich. Ct. Cl.), #2 Exhibit 2, Anderson Economic Report) (Richotte, Joseph)
August 12, 2020 Opinion or Order Filing 21 ORDER approving STIPULATION #20 ; plaintiff's response is due 8/17/2020; plaintiff may exceed the word limitations; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
August 12, 2020 Filing 20 PROPOSED STIPULATION and ORDER for Filing Extension and to Exceed Word Limit by plaintiff CH Royal Oak, LLC (McCarthy, Daniel)
August 12, 2020 Filing 19 PROPOSED STIPULATION and ORDER to extend deadline to file opposition to government's motion to dismiss and authorizing plaintiff to exceed the word limit by plaintiff CH Royal Oak, LLC (Richotte, Joseph) Modified text on 8/13/2020 (ns).
August 12, 2020 Filing 18 PROPOSED STIPULATION and ORDER for plaintiff to exceed word limit and for a 6-day filing extension by plaintiff CH Royal Oak, LLC (McCarthy, Daniel) Modified text on 8/13/2020 (ns).
July 16, 2020 Opinion or Order Filing 17 OPINION AND ORDER denying #4 motion for preliminary injunction; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
July 15, 2020 Filing 16 CERTIFICATE of compliance re word count for Brief in Support of a Motion,, #15 to Dismiss in Lieu of an Answer filed by Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Barranco, Kyla)
July 15, 2020 Filing 15 BRIEF in support of MOTION to dismiss for failure to state a claim and in Lieu of an Answer #14 filed by Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V) (Barranco, Kyla)
July 15, 2020 Filing 14 MOTION to dismiss for failure to state a claim and in Lieu of an Answer by defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer; (Barranco, Kyla)
July 10, 2020 Filing 13 SUPPLEMENTAL EXHIBIT in opposition to plaintiff's motion for preliminary injunction by defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Attachments: #1 Exhibit) (Fedynsky, John) Modified text on 7/13/2020 (ns).
July 9, 2020 Filing 12 SUPPLEMENT re FIRST MOTION for preliminary injunction #4 by plaintiff CH Royal Oak, LLC (Attachments: #1 Supplemental Exhibit 1, #2 Supplemental Exhibit 2, #3 Supplemental Exhibit 3, #4 Supplemental Exhibit 4) (Richotte, Joseph)
July 8, 2020 Filing 11 MINUTES of motion hearing re #4 FIRST MOTION for preliminary injunction filed by CH Royal Oak, LLC; motion taken under advisement, opinion and order to issue; held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, acr)
July 7, 2020 Filing 10 RESPONSE in support of FIRST MOTION for preliminary injunction #4 filed by CH Royal Oak, LLC (Attachments: #1 Exhibit 1) (McCarthy, Daniel)
July 7, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Darrin F. Fowler on behalf of defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Fowler, Darrin)
July 1, 2020 Filing 9 BRIEF by defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (Attachments: #1 Index of Authorities, #2 Exhibit A: Modes of transmission of virus causing COVID-19, #3 Exhibit B: Social Distancing, Quarantine, and Isolation, #4 Exhibit C: Evidence Supporting Transmission of Severe Acute Respiratory Syndrome Coronavirus 2 While Presymptomatic or Asymptomatic, #5 Exhibit D: Flattening the Coronavirus Curve, #6 Exhibit E: Deciding to Go Out, #7 Exhibit F: Indoor transmission of SARS-CoV-2, #8 Exhibit G: Closed environments facilitate secondary transmission of coronavirus disease 2019, #9 Exhibit H: E.O. Ga-23, #10 Exhibit I: Texas Case Counts, #11 Exhibit J: Leaders Re-examine U.S. Reopenings, #12 Exhibit K: E.O. 2020-110, #13 Exhibit L: E.O. 2020-115, #14 Exhibit M: 04/02/2020 MDHHS Order, #15 Exhibit N: 05/18/2020 MDHHS Order, #16 Exhibit O: 05/27/2020 MDHHS Order, #17 Exhibit P 06/05/2020 MDHHS Order, #18 Exhibit Q: Considerations for Events and Gatherings, #19 Exhibit R: Social Distancing is Not Enough, #20 Exhibit S: What settings have been linked to SARS-CoV-2 transmission clusters) (Barranco, Kyla)
June 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher M. Allen on behalf of defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Allen, Christopher)
June 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joshua O. Booth on behalf of defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Booth, Joshua)
June 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Kyla Lillian Barranco on behalf of defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Barranco, Kyla)
June 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Fedynsky, John)
June 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph T. Froehlich on behalf of defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (Froehlich, Joseph)
June 24, 2020 Filing 8 SUMMONS returned executed on behalf of All Defendants; answer due 7/15/2020 (McCarthy, Daniel) Modified text on 6/25/2020 (ns).
June 23, 2020 Opinion or Order Filing 7 ORDER TO SHOW CAUSE re motion for preliminary injunction #4 ; plaintiff to served defendant by 6/24/2020; response to motion due by 7/1/2020; show cause hearing set for 7/8/2020 at 09:00 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
June 23, 2020 Filing 6 SUMMONS ISSUED as to defendants Robert Gordon, Dana Nessel, Gretchen E. Whitmer (ns)
June 23, 2020 Filing 5 NOTICE that this case has been assigned Paul L. Maloney (ns)
June 22, 2020 Filing 4 FIRST MOTION for preliminary injunction by plaintiff CH Royal Oak, LLC; (Attachments: #1 Brief in Support, #2 Exhibit 1, Grossi Ltr. (Jun. 18, 2020), #3 Exhibit 2, NATO Plan (May 21, 2020), #4 Exhibit 3, Glantz Decl. (Jun. 22, 2020), #5 Exhibit 4, McCarthy Ltr. (Jun 20, 2020), #6 Exhibit 5, Anderson Econ. Rpt. (Apr. 13, 2020)) (McCarthy, Daniel) Modified text on 6/23/2020 (ns).
June 22, 2020 Filing 3 CORPORATE DISCLOSURE STATEMENT by CH Royal Oak, LLC (McCarthy, Daniel) Modified text on 6/23/2020 (ns).
June 22, 2020 Filing 2 PROPOSED SUMMONS to be issued re #1 (McCarthy, Daniel)
June 22, 2020 Filing 1 COMPLAINT with jury demand against All Defendants filed by CH Royal Oak, LLC (Attachments: #1 Exhibit 1 - Grossi Ltr (Jun. 18, 2020), #2 Exhibit 2 - Anderson Econ. Rpt. (Apr. 13, 2020), #3 Exhibit 3 - NATO Plan (May 21, 2020)) (McCarthy, Daniel) Modified text on 6/23/2020 (ns).
June 22, 2020 FILING FEE PAID re #1 by plaintiff CH ROYAL OAK, LLC in the amount of $400, receipt number AMIWDC-5379212 (McCarthy, Daniel)
June 22, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph E. Richotte on behalf of plaintiff CH ROYAL OAK, LLC (Richotte, Joseph)

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Defendant: Robert Gordon
Represented By: Kyla Lillian Barranco
Represented By: Christopher M. Allen
Represented By: John G. Fedynsky
Represented By: Darrin F. Fowler
Represented By: Joshua O. Booth
Represented By: Joseph T. Froehlich
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Defendant: Gretchen E. Whitmer
Represented By: Kyla Lillian Barranco
Represented By: Christopher M. Allen
Represented By: John G. Fedynsky
Represented By: Darrin F. Fowler
Represented By: Joshua O. Booth
Represented By: Joseph T. Froehlich
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Defendant: Dana Nessel
Represented By: Kyla Lillian Barranco
Represented By: Christopher M. Allen
Represented By: John G. Fedynsky
Represented By: Darrin F. Fowler
Represented By: Joshua O. Booth
Represented By: Joseph T. Froehlich
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Plaintiff: CH ROYAL OAK, LLC
Represented By: Daniel J. McCarthy
Represented By: Joseph E. Richotte
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Plaintiff: CH Royal Oak, LLC doing business as Emagine Theatre
Represented By: Daniel J. McCarthy
Represented By: Joseph E. Richotte
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