Libertas Classical Association v. Whitmer et al
| Libertas Classical Association |
| Gretchen Whitmer, Robert Gordon, Dana Nessel and Marcia Mansaray |
| 1:2020cv00997 |
| October 18, 2020 |
| US District Court for the Western District of Michigan |
| Phillip J Green |
| Paul L Maloney |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 44
ORDER of USCA (certified copy) re appeal #32 granting the motion and the appeal is dismissed ; no mandate to issue (ndj)
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| Filing 43 TRANSCRIPT of the Motion Hearing - Volume III held November 2, 2020, before the Honorable Paul L. Maloney; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the #Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 2/22/2021 ; redaction request due 12/15/2020 (Court Reporter-Transcriptionist: K. Thomas, (269) 808-6116) |
| Filing 42 TRANSCRIPT of the Motion Hearing - Volume II held October 29, 2020, before the Honorable Paul L. Maloney; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the #Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 2/22/2021 ; redaction request due 12/15/2020 (Court Reporter-Transcriptionist: K. Thomas, (269) 808-6116) |
| Filing 41 TRANSCRIPT of the Motion Hearing - Volume I held October 28, 2020, before the Honorable Paul L. Maloney; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the #Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 2/22/2021 ; redaction request due 12/15/2020 (Court Reporter-Transcriptionist: K. Thomas, (269) 808-6116) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Raymond O. Howd on behalf of defendants Robert Gordon, Gretchen Whitmer (Howd, Raymond) |
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Filing 40
ORDER of USCA (certified copy) re appeal #32 ; no mandate to issue (ndj)
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Filing 39
ORDER granting in part #23 motion for leave to file exhibit under seal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 38 BRIEF in support of JOINT MOTION to dismiss #37 filed by Robert Gordon, Dana Nessel, Gretchen Whitmer (Attachments: #1 Index Index, #2 Exhibit 1 - CDC calls on Americans to wear masks to prevent COVID-19 spread, #3 Exhibit 2 - Order Denying Plaintiffs' Motion to Exclude Exhibits, #4 Exhibit 3 - Modes of transmission of virus causing COVID-19, #5 Exhibit 4 - Social Distancing, Quarantine, and Isolation, #6 Exhibit 5 - Evidence Supporting Transmission of Severe acute Respiratory Syndrome Coronavirus 2 While Presymptomatic or Asymptomatic, #7 Exhibit 6 - Flattening the Coronavirus Curve, #8 Exhibit 7 - Deciding to Go Out, #9 Exhibit 8 - Indoor transmission of SARS-CoV-2, #10 Exhibit 9 - Closed environments, #11 Exhibit 10 - CDC calls on Americans to wear masks to prevent COVID-19 spread, #12 Exhibit 11 - Considerations for Wearing Masks, #13 Exhibit 12 - Foundation Statement on Importance of Patients with Chronic Disease, #14 Exhibit 13 - Face Masks Really Do Matter, #15 Exhibit 14 - To mask or not to mask, #16 Exhibit 15 - Face masks for the public during the covid, #17 Exhibit 16 - Efficacy of face mask in preventing respiratory virus transmission, #18 Exhibit 17 - Guidance for K-12 School Administrators on the Use of Masks, #19 Exhibit 18 - Help Stop the Spread of COVID-19 in Children, #20 Exhibit 19 - Long-Term Effects of COVID-19, #21 Exhibit 20 - Emergency Order 10/5/2020, #22 Exhibit 21 - Emergency Order 10/9/2020, #23 Exhibit 22 - Emergency Order 11/15/2020) (Ping, Daniel) |
| Filing 37 JOINT MOTION to dismiss by defendants Robert Gordon, Dana Nessel, Gretchen Whitmer; (Ping, Daniel) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of John G. Fedynsky on behalf of defendants Robert Gordon, Gretchen Whitmer (Fedynsky, John) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Ann Maurine Sherman on behalf of defendant Dana Nessel (Sherman, Ann) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Daniel John Ping on behalf of defendants Robert Gordon, Gretchen Whitmer (Ping, Daniel) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Rebecca Ashley Berels on behalf of defendant Dana Nessel (Berels, Rebecca) |
| Filing 36 DECLARATION of Libertas Headmaster Robert Davis by plaintiff Libertas Classical Association (Attachments: #1 Exhibit 1-Fifth Cease and Desist Order against Libertas, #2 Exhibit 2-Correspondence from County's counsel) (Northon, Ian) |
| Filing 35 SUMMONS returned executed; Robert Gordon served on 11/6/2020, answer due 11/30/2020 (Northon, Ian) |
| Filing 34 SUMMONS returned executed; Gretchen Whitmer served on 11/5/2020, answer due 11/30/2020 (Northon, Ian) |
| Filing 33 LETTER FROM CCA regarding appeal #32 indicating that appeal has been docketed (ns) |
| APPEAL FEE PAID re #32 by plaintiff Libertas Classical Association in the amount of $505, receipt number AMIWDC-5893863 (Northon, Ian) |
| Filing 32 NOTICE OF INTERLOCUTORY APPEAL re #30 with certificate of service by plaintiff Libertas Classical Association (Northon, Ian) Modified text on 11/5/2020 (ndj). |
| Filing 31 Amended ANSWER to complaint, #1 with affirmative defenses and Withdrawal of Counterclaim by Marcia Mansaray (Van Essen, Douglas) |
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Filing 30
OPINION AND ORDER denying plaintiff's motion for preliminary injunction and order of abstention #15 , #17 , and #2 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 29 MINUTES of motion hearing re #2 MOTION for preliminary injunction filed by Libertas Classical Association, #15 MOTION for preliminary injunction filed by Marcia Mansaray, #17 SECOND MOTION for preliminary injunction against Mansaray and OCDPH filed by Libertas Classical Association; held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, acr) |
| Filing 28 MINUTES- Day 2 of motion hearing re #15 MOTION for preliminary injunction filed by Marcia Mansaray, #17 SECOND MOTION for preliminary injunction against Mansaray and OCDPH filed by Libertas Classical Association, MOTION for preliminary injunction (as taken from 2 ) filed by Libertas Classical Association held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, cmc) |
| Filing 27 SUMMONS RETURNED UNEXECUTED as to Robert Gordon, filed by plaintiff Libertas Classical Association (Northon, Ian) |
| Filing 26 SUMMONS RETURNED UNEXECUTED as to Gretchen Whitmer, filed by plaintiff Libertas Classical Association (Northon, Ian) |
| Filing 24 SUMMONS returned executed; Dana Nessel served on 10/27/2020, answer due 11/17/2020 (Northon, Ian) |
| Filing 23 (RESTRICTED ACCESS) EXHIBIT by plaintiff Libertas Classical Association re SECOND MOTION for preliminary injunction against Mansaray and OCDPH #17 (Attachments: #1 Medical Records - Exhibits Confidential Medical Records) [Access to this document is available to the Court and counsel for parties](Northon, Ian) Modified text on 11/19/2020 (ndj). |
| Filing 25 MINUTES of motion hearing re #15 MOTION for preliminary injunction filed by Marcia Mansaray, #17 SECOND MOTION for preliminary injunction against Mansaray and OCDPH filed by Libertas Classical Association, MOTION for preliminary injunction (as taken from #2 ) filed by Libertas Classical Association held before District Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Judge Paul L. Maloney, acr) |
| Filing 22 NOTICE (Judge Paul L. Maloney, cmc) |
| Filing 21 RESPONSE TO MOTION for preliminary injunction #15 filed by Libertas Classical Association (Attachments: #1 Exhibit 1, #2 Exhibit Composite Exhibit 2) (Northon, Ian) |
| Filing 20 RESPONSE in opposition to SECOND MOTION for preliminary injunction against Mansaray and OCDPH #17 CORRECTED filed by Marcia Mansaray (Van Essen, Douglas) |
| Filing 19 RESPONSE in opposition to SECOND MOTION for preliminary injunction against Mansaray and OCDPH #17 filed by Marcia Mansaray (Van Essen, Douglas) |
| Filing 18 BRIEF in support of SECOND MOTION for preliminary injunction against Mansaray and OCDPH #17 filed by Libertas Classical Association (Attachments: #1 Exhibit Composite 1; isolation and threat of imprisonment letters) (Northon, Ian) |
| Filing 17 SECOND MOTION for preliminary injunction against Mansaray and OCDPH by plaintiff Libertas Classical Association; (Northon, Ian) |
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Filing 16
ORDER denying #14 motion for sanctions and for reconsideration of temporary restraining order; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 15 MOTION for preliminary injunction by defendant Marcia Mansaray, counter-claimant Marcia Mansaray; (Attachments: #1 Exhibit 1: Chart, #2 Exhibit 2: CDC Guidelines) (Van Essen, Douglas) |
| Filing 14 FIRST MOTION for sanctions , FIRST MOTION for order to show cause , SECOND MOTION for temporary restraining order againt Ottawa County by plaintiff Libertas Classical Association; (Attachments: #1 Affidavit Affidavit of Bob Davis, #2 Exhibit 1 County Order, #3 Exhibit 2 Security Footage) (Northon, Ian) |
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Filing 13
ORDER for briefs and notice of hearing for preliminary injunction; Briefs due by 12:00 (noon) on 10/26/2020; Response briefs due by 12:00 (noon) on 10/27/2020; Hearing scheduled 10/28/2020 at 1:30 p.m. 410 W. Michigan Ave., Kalamazoo, MI; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 12 RESPONSE in opposition to EMERGENCY MOTION for temporary restraining order or preliminary injunction #2 filed by Marcia Mansaray (Attachments: #1 Exhibit 1: Order, #2 Exhibit 2: Chart) (Van Essen, Douglas) |
| Filing 11 BRIEF in support of EMERGENCY MOTION for temporary restraining order or preliminary injunction #2 second supplemental brief filed by Libertas Classical Association (Attachments: #1 Exhibit 1; County's third retaliatory Order, #2 Exhibit 2; correspondence to avoid injunction) (Northon, Ian) |
| Filing 10 BRIEF by defendant Marcia Mansaray, counter-claimant Marcia Mansaray re #7 (Attachments: #1 Exhibit A: Mansaray Affidavit, #2 Exhibit B: Press Release, #3 Exhibit C: Chart, #4 Exhibit D: Order) (Van Essen, Douglas) |
| Filing 9 ANSWER to complaint, #1 with affirmative defenses , COUNTERCLAIM against Libertas Classical Association by Marcia Mansaray (Van Essen, Douglas) |
| Filing 8 BRIEF in support of EMERGENCY MOTION for temporary restraining order or preliminary injunction #2 supplemental brief based on newly discovered facts and second County order filed by Libertas Classical Association (Attachments: #1 Exhibit 1; County Imminent Danger Order dtd 19 OCT 2020, #2 Exhibit 2; correspondence to avoid injunction) (Northon, Ian) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Elliot J. Gruszka on behalf of defendant Marcia Mansaray (Gruszka, Elliot) |
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Filing 7
ORDER denying #2 motion for TRO; Defendant Mansaray statement due by Noon 10/22/2020; Plaintiff response due by Noon 10/26/2020; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 6 SUMMONS ISSUED as to defendants Robert Gordon, Marcia Mansaray, Dana Nessel, Gretchen Whitmer (jem) |
| Filing 5 PROPOSED SUMMONS to be issued re #1 (Northon, Ian) |
| Filing 4 NOTICE to attorney Ian Alexander Northon regarding recent filing #1 , #2 (jem) |
| SUMMONS NOT ISSUED as to defendants Robert Gordon, Marcia Mansaray, Dana Nessel, Gretchen Whitmer ; none received (jem) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Douglas W. Van Essen on behalf of defendant Marcia Mansaray (Van Essen, Douglas) |
| Filing 3 NOTICE that this case has been assigned to Paul L. Maloney (jem) |
| Filing 2 EMERGENCY MOTION for temporary restraining order or preliminary injunction by plaintiff Libertas Classical Association; (Attachments: #1 Attachment Brief ISO Motion for TRO PI, #2 Exhibit 1; Mission Statement and Letter to Libertas Families dtd 13 JUL 2020, #3 Exhibit 2; Reopening Plan for 2020-2021 dtd 8 SEP 2020, #4 Civil Cover Sheet) (Northon, Ian) Modified duplicate text on 10/19/2020 (jem). |
| Filing 1 COMPLAINT for constitutional protection under 42 USC 1983 against All Defendants filed by Libertas Classical Association (Attachments: #1 Exhibit 1; Oct 5 Emergency Order, #2 Exhibit 2; Oct 9 Emergency Order, #3 Exhibit 3; Cease and Desist Order, #4 Exhibit 4; proof of certified mailing received 15 OCT 2020, #5 Exhibit 5; presuit correspondence with counsel, #6 Exhibit 6; County warning letter dtd 25 SEP 2020) (Northon, Ian) |
| FILING FEE PAID re #1 by plaintiff Libertas Classical Association in the amount of $400, receipt number AMIWDC-5819428 (Northon, Ian) |
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