Davis et al v. Benson et al
Brenda Hill and Robert Davis |
Janice Winfrey, Jocelyn Benson, Detroit Deparment of Elections and Detroit Department of Elections |
1:2020cv00915 |
September 17, 2020 |
US District Court for the Western District of Michigan |
Ray Kent |
Paul L Maloney |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 81 REPLY to response to motion #60 to Dismiss filed by Jocelyn Benson (Meingast, Heather) |
Filing 80 CERTIFICATE of compliance re word count for Response to Motion #79 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 79 RESPONSE TO MOTION to dismiss for failure to state a claim #60 Plaintiffs' Response in Opposition to Defendant Jocelyn Benson's Motion to Dismiss (ECF No. 60) filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 78 STIPULATION AND ORDER; deadline for plaintiffs to file response to motion to dismiss extended to 11/27/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
Filing 77 PROPOSED ORDER regarding Allowing Plaintiffs 3-day Extension to File Response to Defendant Joceylyn Benson's Motion to Dismiss #60 by plaintiffs Robert Davis, Brenda Hill (Paterson, Andrew) Modified text on 11/25/2020 (ns). |
Filing 76 STIPULATION AND ORDER; deadline for plaintiffs to file response to motion to dismiss extended to 11/24/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
Filing 75 PROPOSED ORDER regarding Granting Plaintiffs 7-day Extension to File Response to Defendant Jocelyn Benson's Motion to Dismiss (ECF No. 60) by plaintiffs Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 74 ORDER denying #71 motion for order; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 73 CERTIFICATE of compliance re word count for EMERGENCY MOTION for order Requiring Defendants To Preserve Election-Related Materials Pursuant to 52 USC 20701 and Personal Emails and Text Messages Pursuant Federal Rules of Civil Procedure #71 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 72 CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION for order Requiring Defendants To Preserve Election-Related Materials Pursuant to 52 USC 20701 and Personal Emails and Text Messages Pursuant Federal Rules of Civil Procedure #71 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 71 EMERGENCY MOTION for order Requiring Defendants To Preserve Election-Related Materials Pursuant to 52 USC 20701 and Personal Emails and Text Messages Pursuant Federal Rules of Civil Procedure by plaintiffs Robert Davis, Brenda Hill; (Paterson, Andrew) |
Filing 70 CERTIFICATE of compliance re word count for Response to Motion #69 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 69 RESPONSE TO MOTION to dismiss #46 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 68 ORDER denying #27 motion for partial summary judgment on count III and dismissing count III; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 67 CERTIFICATE of compliance re word count for Reply to Response to Motion, #66 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 66 REPLY to response to motion #27 Plaintiffs' Reply to Defendants Janice Winfrey and Detroit Department of Elections' Response to Plaintiffs' motion for partial summary judgment Count III of amended complaint filed by Robert Davis, Brenda Hill (Attachments: #1 Exhibit Exhibit A- Published Michigan Court of Appeals' Opinion in the matter of Davis v Secretary of State) (Paterson, Andrew) |
Filing 65 CERTIFICATE of compliance re word count for Response to Motion #64 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) |
Filing 64 RESPONSE TO EMERGENCY MOTION for partial summary judgment Renewed Motion for Summary Judgment for Count III Only of Amended Complaint (ECF No. 24) #27 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) |
Filing 63 CERTIFICATE of compliance re word count for Brief in Support of a Motion, #61 filed by Jocelyn Benson (Grill, Erik) |
Filing 62 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim #60 filed by Jocelyn Benson (Grill, Erik) |
Filing 61 BRIEF in support of MOTION to dismiss for failure to state a claim #60 filed by Jocelyn Benson (Attachments: #1 Index Exhibit List, #2 Exhibit A. Cooper-Keel, et al v Benson, Court of Claims No. 20-000091-MM, #3 Exhibit B. MI Alliance, et al v Secretary of State, et al, Court of Appeals No. 354993, #4 Exhibit C. MI Alliance, et al v Benson, Court of Claims No. 20-000108-MM) (Grill, Erik) |
Filing 60 MOTION to dismiss for failure to state a claim by defendant Jocelyn Benson; (Grill, Erik) |
Filing 59 ORDER denying #25 motion for preliminary injunction; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 58 ORDER dismissing as withdrawn #39 motion for TRO and #40 motion to expedite briefing schedule; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
Filing 57 Notice of WITHDRAWAL by plaintiff Robert Davis of EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count V only of Amended Complaint (ECF No. 24) #39 filed by Robert Davis (Paterson, Andrew) |
Filing 56 MINUTES of motion hearing re #25 EMERGENCY MOTION for Preliminary Injunction with Respect to Count IV only of Amended Complaint filed by Robert Davis, Brenda Hill; motion taken under advisment; held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, acr) |
Filing 55 NOTICE re #25 Plaintiffs' request for the Court to take Judicial Notice of Michigan Court of Appeals' October 16, 2020 Published Majority and Concurring Opinions issued in the matter of Michigan Alliance, et.al. v Joceyln Benson and Dana Nessel, et.al. by plaintiffs Robert Davis, Brenda Hill (Attachments: #1 Exhibit A - Michigan Court of Appeals' Majority Opinion, #2 Exhibit B - Michigan Court of Appeals' Concurring Opinion of Judge Mark Boonstra) (Paterson, Andrew) Modified text on 10/19/2020 (ns). |
Filing 54 CERTIFICATE of compliance re word count for Reply to Response to Motion #53 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 53 REPLY to response to motion #25 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 52 STIPULATION AND ORDER; deadline for defendant Benson to file a response to complaint extended to 10/20/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
Filing 51 CERTIFICATE of compliance re word count for Response in Opposition,,, #49 filed by Jocelyn Benson (Meingast, Heather) |
Filing 50 PROPOSED STIPULATION and ORDER Extending Time to Respond to Complaint by defendant Jocelyn Benson (Meingast, Heather) |
Filing 49 RESPONSE in opposition to EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count IV only of Amended Complaint (ECF No. 24) #25 filed by Jocelyn Benson (Attachments: #1 Index Exhibit List, #2 Exhibit 1. MI Alliance, et al v Benson, et al, Court of Claims 20-000108-MM Opinion, #3 Exhibit 2. MI Alliance, et al v Benson, et al, Court of Claims 20-000108-MM Opinion, #4 Exhibit 3. MI Alliance, et al v Benson, et al, MICOA 354993 Legislature Brief, #5 Exhibit 4. MI Alliance, et al v Benson, et al, MI Sup Ct & MICOA orders, #6 Exhibit 5. Davis v Benson, Court of Claims 20-000196-MZ Complaint, #7 Exhibit 6. RNC, et al v SOS, et al, Court of Claims 20-000191 Complaint, #8 Exhibit 7. Guidance Documents) (Meingast, Heather) |
Filing 48 CERTIFICATE of compliance re word count for Certificate Regarding Motion Concurrence #47 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) |
Filing 47 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss #46 filed by Detroit Department of Elections, Janice Winfrey (Noseda, James) |
Filing 46 MOTION to dismiss by defendants Detroit Department of Elections, Janice Winfrey; (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Noseda, James) |
Filing 45 ORDER denying #39 emergency motion for temporary restraining order based on Count V of the amended complaint; further scheduling order to issue; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
Filing 44 CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count V only of Amended Complaint (ECF No. 24) #39 filed by Robert Davis (Paterson, Andrew) |
Filing 43 CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiff Davis' Emergency Motion for TRO/Preliminary Injunction With Respect to Count V Only (ECF No. 39). #40 filed by Robert Davis (Paterson, Andrew) |
Filing 42 CERTIFICATE of compliance re word count for EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count V only of Amended Complaint (ECF No. 24) #39 filed by Robert Davis (Paterson, Andrew) |
Filing 41 CERTIFICATE of compliance re word count for EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiff Davis' Emergency Motion for TRO/Preliminary Injunction With Respect to Count V Only (ECF No. 39). #40 filed by Robert Davis (Paterson, Andrew) |
Filing 40 EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiff Davis' Emergency Motion for TRO/Preliminary Injunction With Respect to Count V Only (ECF No. 39). by plaintiff Robert Davis; (Paterson, Andrew) |
Filing 39 (WITHDRAWN) EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count V only of Amended Complaint (ECF No. 24) by plaintiff Robert Davis; (Attachments: #1 Affidavit) (Paterson, Andrew) Modified text on 10/20/2020 per Order #58 (ns). |
Filing 38 AMENDED AFFIDAVIT re #25 , #27 by plaintiff Robert Davis (Paterson, Andrew) Modified text on 10/8/2020 (jem). |
Filing 37 AMENDED AFFIDAVIT re #24 by plaintiff Robert Davis (Paterson, Andrew) Modified text on 10/8/2020 (jem). |
(NON-DOCUMENT) ATTORNEY APPEARANCE of James D. Noseda on behalf of defendants Detroit Department of Elections, Janice Winfrey (Noseda, James) |
Filing 36 NOTICE RESCHEDULING MOTION HEARING regarding MOTION for preliminary injunction #25 that was previously set for 10/20/2020; motion hearing is set for 10/19/2020 at 02:00 PM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
Filing 35 ORDER denying #29 motion to expedite ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 34 ORDER scheduling hearings on motions; Motion Hearing scheduled for 10/20/2020 at 174 Federal Building, 410 W. Michigan Ave., Kalamazoo, Michigan; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 33 ORDER denying #25 motion for TRO and establishing briefing schedule; Response to Motion for PI due by 10/13/2020 at 5pm; Reply due by 10/16/2020 at 10 am; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 32 CERTIFICATE of compliance re word count for EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count IV only of Amended Complaint (ECF No. 24) #25 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 31 CERTIFICATE of compliance re word count for EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Renewed Emergency Motion for Partial Summary Judgment for Count III Only of Amended Complaint #24 (ECF No. 27) #29 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 30 CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Renewed Emergency Motion for Partial Summary Judgment for Count III Only of Amended Complaint #24 (ECF No. 27) #29 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 29 EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Renewed Emergency Motion for Partial Summary Judgment for Count III Only of Amended Complaint #24 #27 by plaintiffs Robert Davis, Brenda Hill; (Paterson, Andrew) Modified text on 10/1/2020 (ns). |
Filing 28 CERTIFICATE of compliance re word count for EMERGENCY MOTION for partial summary judgment Renewed Motion for Summary Judgment for Count III Only of Amended Complaint (ECF No. 24) #27 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 27 EMERGENCY MOTION for partial summary judgment Renewed Motion for Summary Judgment for Count III Only of Amended Complaint (ECF No. 24) by plaintiffs Robert Davis, Brenda Hill; (Attachments: #1 Index, #2 Exhibit A- Plaintiff Davis signed and notarized affidavit, #3 Exhibit B- Plaintiff Hill's Declaration, #4 Exhibit C- Approved Minites from Detroit Election Commission May 14, 2020 Meeting, #5 Exhibit D-Copy of Unsolicited Absentee Ballot Application Leigh Reed-Pratt received in August 2020 primary, #6 Exhibit E- Unsolicited Absentee Ballot Application Plaintiff Hill Received in September 2020 for November 2020 general election, #7 Exhibit F- Email Chain with Attorney Andrew Paterson, #8 Exhibit G-Unpublished Michigan Court of Appeals Opinion) (Paterson, Andrew) Modified text on 10/1/2020 (ns). |
Filing 26 ORDER dismissing as moot #5 motion for partial summary judgment; dismissing as moot #7 motion to expedite; dismissing as moot #18 motion to change venue; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
Filing 25 EMERGENCY MOTION for temporary restraining order or in the Alternative, Motion for Preliminary Injunction with Respect to Count IV only of Amended Complaint #24 by plaintiffs Robert Davis, Brenda Hill; (Attachments: #1 Exhibit A- Court of Claims Judge Stephens' September 18, 2020 Opinion and Order in Michigan Alliance Court of Claims Case) (Paterson, Andrew) Modified text on 9/30/2020 (ns). Modified on 10/2/2020; reinstated motion per Order #33 (jem). |
Filing 24 AMENDED COMPLAINT against All Defendants filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 23 NOTICE to attorney Andrew A. Paterson, Jr. regarding recent filing #21 , #22 (ns) |
Filing 22 DECLARATION re #5 by plaintiff Brenda Hill (Paterson, Andrew) Modified text on 9/24/2020; document appears to be a duplicate of #21 (ns). |
Filing 21 DECLARATION re #1 by plaintiff Brenda Hill (Paterson, Andrew) |
Filing 20 CERTIFICATE of compliance re word count for MOTION to change venue #18 filed by Detroit Department of Elections, Janice Winfrey (Cunningham, Patrick) |
Filing 19 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to change venue #18 filed by Detroit Department of Elections, Janice Winfrey (Cunningham, Patrick) |
Filing 18 MOTION to change venue by defendants Detroit Department of Elections, Janice Winfrey; (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Cunningham, Patrick) |
Filing 17 AFFIDAVIT of service by plaintiffs Robert Davis, Brenda Hill re EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment with respect to Count III only (Docket No. 5) #7 , complaint #1 , Summons Issued #4 , EMERGENCY MOTION for summary judgment With Respect to Count III of Complaint Only. Decision Needed ASAP #5 Service on Defendant Jocelyn Benson (Paterson, Andrew) |
Filing 16 AFFIDAVIT of service by plaintiffs Robert Davis, Brenda Hill re EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment with respect to Count III only (Docket No. 5) #7 , complaint #1 , Summons Issued #4 , EMERGENCY MOTION for summary judgment With Respect to Count III of Complaint Only. Decision Needed ASAP #5 Service on Defendants Janice Winfrey and Detroit Department of Elections (Paterson, Andrew) |
Filing 15 SUMMONS returned executed; Jocelyn Benson served on 9/21/2020, answer due 10/13/2020 (Paterson, Andrew) |
Filing 14 SUMMONS returned executed; Detroit Department of Elections served on 9/21/2020, answer due 10/13/2020 (Paterson, Andrew) |
Filing 13 SUMMONS returned executed; Janice Winfrey served on 9/21/2020, answer due 10/13/2020 (Paterson, Andrew) |
(NON-DOCUMENT) ATTORNEY APPEARANCE of Heather S. Meingast on behalf of defendant Jocelyn Benson (Meingast, Heather) |
(NON-DOCUMENT) ATTORNEY APPEARANCE of Erik Alexander Grill on behalf of defendant Jocelyn Benson (Grill, Erik) |
Filing 12 EXHIBIT A re #1 Affidavit of Plaintiff Robert Davis verifying complaint by plaintiffs Robert Davis, Brenda Hill (Paterson, Andrew) Modified text on 9/21/2020; document appears to be a duplicate of #10 (ns). |
Filing 11 EXHIBIT (continuation of exhibits) re #5 by plaintiffs Robert Davis, Brenda Hill (Attachments: #1 Exhibit A- Plaintiff Robert Davis' affidavit, #2 Exhibit C- Approved Minutes from the May 14, 2020 Meeting of the City of Detroit Election Commission, #3 Exhibit D- Unsolicited Absentee Ballot application and letter Detroit Registered Voter Leigh Reed-Pratt received from Defendant Detroit City Clerk in May 2020 for the August 4, 2020 primary election, #4 Exhibit E- Unsolicited Absentee Voter Application Plaintiff Brenda Hill received on September 15, 2020 from Defendant Detroit City Clerk for the November 3, 2020 presidential general election, #5 Exhibit F- August 27th adn 28th, 2020 Emails sent by Attorney Paterson to Defendant Secretary of State, #6 Exhibit G- Unpublished Michigan Court of Appeals Opinion in the matter of Fleming v Macomb County Clerk) (Paterson, Andrew) Modified text on 9/21/2020 (ns). |
Filing 10 EXHIBIT A re #5 Affidavit of Plaintiff Robert Davis by plaintiff Robert Davis (Paterson, Andrew) Modified text on 9/21/2020 (ns). |
Filing 9 CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment with respect to Count III only (Docket No. 5) #7 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 8 CERTIFICATE of compliance re word count for EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment with respect to Count III only (Docket No. 5) #7 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 7 EMERGENCY MOTION to expedite Briefing, Scheduling and Adjudication of Plaintiffs' Emergency Motion for Summary Judgment with respect to Count III only (Docket No. 5) by plaintiffs Robert Davis, Brenda Hill; (Paterson, Andrew) |
Filing 6 CERTIFICATE of compliance re word count for EMERGENCY MOTION for summary judgment With Respect to Count III of Complaint Only. Decision Needed ASAP #5 filed by Robert Davis, Brenda Hill (Paterson, Andrew) |
Filing 5 EMERGENCY MOTION for summary judgment With Respect to Count III of Complaint Only. Decision Needed ASAP by plaintiffs Robert Davis, Brenda Hill; (Paterson, Andrew) |
Filing 4 SUMMONS ISSUED as to defendants Jocelyn Benson, Detroit Department of Elections, Janice Winfrey (ns) Modified text on 9/18/2020 (ns). |
Filing 3 NOTICE that this case has been assigned Paul L. Maloney (ns) |
Filing 2 PROPOSED SUMMONS to be issued re #1 (Attachments: #1 Summons Proposed Summons for Defendant Janice Winfrey, #2 Summons Proposed Summons for Defendant Detroit Department of Elections) (Paterson, Andrew) |
Filing 1 COMPLAINT with jury demand Filed By Plaintiffs Robert Davis And Brenda Hill against All Defendants filed by Robert Davis (Paterson, Andrew) |
FILING FEE PAID re #1 by plaintiffs Robert Davis, Brenda Hill in the amount of $400, receipt number AMIWDC-5701553 [Attorney Andrew A. Paterson, Jr added to party Brenda Hill(pty:pla)] (Paterson, Andrew) |
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