Barnaby v. Michigan State Government et al
| Owen W. Barnaby |
| Michigan State Government, Gretchen Whitmer, Jennifer Granhomlm, Rick Snyder, Supreme Court of Michigan, State Bar of Michigan, Kendell S. Asbenson, Dana Nessel, Benton Harbor, City of, Niles Charter Township, Board of Trustees of Niles Charter Township, Berrien County Government, Berrien County Board of Commissioners, Bret Witskowski, Shelly Weich, Lori D. Jarvis, Lora L. Freehling, Kathleen Culberson, Unknown Part(y)(ies), Donna B. Howard, McKinley R. Elliott, James McGovern, Jeffrey R. Holmstrom, Holmstrom Law, PLC, Niles Charter Township Officials, Holmstrom Law Office, PLC, Elizabeth T. Clement, Bridget M. McCormack, Elizabeth L. Gleicher, Christopher M. Murray, Michigan Court of Appeals, Alfred M. Butzbaugh, Mabel J. Mayfield, Gary J. Bruce and Berrien County Trial Court |
| 1:2022cv01146 |
| December 5, 2022 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Sally J Berens |
| Robert J Jonker |
| Real Property: Other |
| 42 U.S.C. § 1983 Other Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 61 RESPONSE TO MOTION for default judgment as to #31 filed by Benton Harbor, City of (Rheaume, Thomas) |
| Filing 60 RESPONSE in opposition to MOTION to amend/correct #37 filed by Kendell S. Asbenson, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Supreme Court of Michigan, Gretchen Whitmer (Pendrick, Kimberly) |
| Filing 59 RESPONSE TO MOTION to amend/correct #37 filed by Benton Harbor, City of (Rheaume, Thomas) |
| Filing 58 ANSWER to Amended Complaint, #10 with affirmative defenses and jury demand by Board of Trustees of Niles Charter Township, Niles Charter Township, Niles Charter Township Officials (Koches, Theodore) Modified text on 1/27/2023 (eod) |
| Filing 57 RESPONSE in opposition to REPORT AND RECOMMENDATION re #10 that the action be #16 filed by Owen W. Barnaby (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-1, #9 Exhibit H-2, #10 Exhibit H-3, #11 Exhibit I-1, #12 Exhibit I-2, #13 Exhibit I-3, #14 Exhibit I-4, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L-1, #18 Exhibit L-2, #19 Exhibit L-3, #20 Exhibit M-1, #21 Exhibit M-2, #22 Exhibit N, #23 Exhibit O, #24 Exhibit P, #25 Exhibit Q) (Barnaby, Owen) Modified text on 1/26/2023 (eod) |
Filing 56
ORDER granting in part #53 State Defendants and City of Benton Harbor's motion for an extension of time to respond; reply to Motion to Dismiss #18 due 14 days after the Court rules on the pending Report and Recommendation #16 ; response to Plaintiff's Motion to Amend #37 due by 1/30/2023; signed by Magistrate Judge Sally J. Berens (jal)
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| Filing 55 CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION for extension of time to file response/reply #53 filed by Kendell S. Asbenson, Benton Harbor, City of, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Supreme Court of Michigan, Gretchen Whitmer (Pendrick, Kimberly) |
| Filing 54 BRIEF in support of JOINT MOTION for extension of time to file response/reply #53 filed by Kendell S. Asbenson, Benton Harbor, City of, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Supreme Court of Michigan, Gretchen Whitmer (Pendrick, Kimberly) |
| Filing 53 JOINT MOTION for extension of time to file response/reply with brief in support by defendants Kendell S. Asbenson, Benton Harbor, City of, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Supreme Court of Michigan, Gretchen Whitmer; (Pendrick, Kimberly) Modified text on 1/23/2023 (eod) |
| Filing 52 ATTORNEY SUBSTITUTION adding attorney Kimberly K. Pendrick in the place of Bryan W. Beach (Pendrick, Kimberly) |
| Filing 51 BRIEF in support of #50 RESPONSE in opposition to MOTION to dismiss filed by Owen W. Barnaby (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit 1, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit O, #13 Exhibit P) (Barnaby, Owen) Modified text on 1/18/2023; wrong CM/ECF event used by filer (ns). |
| Filing 50 RESPONSE in opposition to MOTION to dismiss #18 filed by Owen W. Barnaby (Barnaby, Owen) |
| Filing 49 REPLY to Response to MOTION for default judgment #28 filed by plaintiff Owen W. Barnaby (Attachments: #1 Declaration) (Barnaby, Owen) Modified text on 1/10/2023 (eod) |
| Filing 48 RESPONSE in opposition to MOTION for default judgment as to #28 , MOTION for default judgment as to #31 filed by Berrien County Government (Attachments: #1 Attachment Declaration of Thaddeus Hackworth, #2 Attachment Proof of Service) (Hackworth, Thaddeus) |
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Filing 47
ORDER confirming plaintiff's objections to Report and Recommendation are due 1/25/23 per Order (ECF No. 24); signed by Judge Robert J. Jonker (Judge Robert J. Jonker, sdb)
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| Filing 46 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 45 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 44 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 43 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 42 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 41 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 40 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 39 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 38 PROPOSED SUMMONS to be issued re #36 (Barnaby, Owen) |
| Filing 37 MOTION to amend/correct with brief in support by plaintiff Owen W. Barnaby; (Attachments: #1 Certificate of concurrence) (Barnaby, Owen) Modified text on 1/9/2023 (eod) |
| Filing 36 AMENDED COMPLAINT against All Plaintiffs filed by Owen W. Barnaby (Barnaby, Owen) |
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Filing 35
ORDER granting in part and denying without prejudice in part #33 The City of Benton Harbor's Emergency Motion to Extend Time to File Response to Plaintiff's Second Amended Complaint and to Strike Plaintiff's Motion for Default Judgment (ECF No. 31) and Application for Entry of Default Judgment (ECF No. 32); response to Plaintiff's Second Amended Complaint is due 28 days after the Court's decision on the Report and Recommendation #16 ; signed by Magistrate Judge Sally J. Berens (jal)
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| Filing 34 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to file response/reply re #32 , #31 #33 filed by Benton Harbor, City of (Rheaume, Thomas) |
| Filing 33 MOTION for extension of time to file response/reply re #32 , #31 by defendant Benton Harbor, City of; (Rheaume, Thomas) |
| Filing 32 APPLICATION for entry of default judgment as to (Attachments: #1 Affidavit) (Barnaby, Owen) |
| Filing 31 MOTION for default judgment as to by plaintiff Owen W. Barnaby; (Attachments: #1 Affidavit, #2 Certificate of Concurrence) (Barnaby, Owen) |
| Filing 30 RESPONSE in opposition to EMERGENCY MOTION for extension of time to answer plaintiff's 2nd amended complaint #23 filed by Owen W. Barnaby (Barnaby, Owen) |
| Filing 29 CERTIFICATE OF SERVICE by plaintiff Owen W. Barnaby re Summons Issued #7 , Amended Complaint,, #10 (Attachments: #1 Return Receipt, #2 Mailing Receipt) (Barnaby, Owen) |
| Filing 28 MOTION for default judgment as to Lori D. Jarvis, Lora L. Freehling Registrar; Kathleen Culberson, Bret Witskowski, Shelly Weich, Board of Commissioner; Mckinley R. Elliott; Donna B. Howard; James Mcgovern; Berrien County Government; Bret Witskowski, State Bar of Michigan, Jefferey R. Holmstrom and Holmstrom Law Office; Niles Charter Township Board of Trustees; Niles Charter Township, by plaintiff Owen W. Barnaby; (Attachments: #1 Affidavit, #2 Certificate of Concurrence) (Barnaby, Owen) Modified text on 1/4/2023 (eod) |
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Filing 27
ORDER granting Township Defendants' Request to Extend Time to File Response to Plaintiff's Second Amended Complaint #23 ; defendants' response shall be filed no later than 1/26/2023; signed by Magistrate Judge Sally J. Berens (jln)
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| Filing 26 CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION for extension of time to answer plaintiff's 2nd amended complaint #23 filed by Board of Trustees of Niles Charter Township, Niles Charter Township, Niles Charter Township Officials (Koches, Theodore) |
| Copy of Order Regarding Motion and Certificate of Concurrence #25 , Order on Motion for Extension of Time, Order on Pro Se Application for Electronic Filing and Service, #24 sent via U.S. Mail to Owen W. Barnaby (ns) |
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Filing 25
ORDER regarding Township Defendants' Request to Extend Time to File Response to Plaintiff's Second Amended Complaint #23 and certificate of concurrence; signed by Magistrate Judge Sally J. Berens (jal)
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Filing 24
ORDER granting #17 Plaintiff's Pro Se Application for Electronic Filing and Service, granting #22 Motion for Extension of Time to File Response to Magistrate Judge's Report and Recommendation; objections to #16 due 1/25/2023; signed by Magistrate Judge Sally J. Berens (jal)
|
| Filing 23 EMERGENCY MOTION for extension of time to answer plaintiff's 2nd amended complaint by defendants Board of Trustees of Niles Charter Township, Niles Charter Township, Niles Charter Township Officials; (Attachments: #1 Attachment Brief in Support of Motion, #2 Attachment Certificate of Compliance, #3 Attachment Proof of Service) (Koches, Theodore) |
| Filing 22 MOTION for extension of time to file response to #16 with certificate of service by plaintiff Owen W. Barnaby; (eod) |
| Filing 21 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss #18 filed by Kendell S. Asbenson, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Supreme Court of Michigan, Gretchen Whitmer (Beach, Bryan) |
| Filing 20 CERTIFICATE of compliance re word count for Brief in Support of a Motion #19 filed by Kendell S. Asbenson, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Supreme Court of Michigan, Gretchen Whitmer (Beach, Bryan) |
| Filing 19 BRIEF in support of MOTION to dismiss #18 filed by Kendell S. Asbenson, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Supreme Court of Michigan (Attachments: #1 Exhibit) (Beach, Bryan) |
| Filing 18 MOTION to dismiss by defendants Kendell S. Asbenson, Jennifer Granhomlm, Michigan State Government, Dana Nessel, Rick Snyder, Gretchen Whitmer; (Beach, Bryan) |
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(NON-DOCUMENT) ORDER REFERRING PRO SE APPLICATION for electronic filing and service by plaintiff Owen W. Barnaby #17 to Magistrate Judge Sally J. Berens under 28 U.S.C. 636(b)(1)(A); signed by Judge Robert J. Jonker (Judge Robert J. Jonker, sdb)
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| Filing 17 PRO SE APPLICATION for electronic filing and service by plaintiff Owen W. Barnaby (ns) |
| Copy of Report and Recommendation (Screening) #16 sent via U.S. Mail to Owen W. Barnaby (ns) |
| Filing 16 REPORT AND RECOMMENDATION that this action be dismissed for lack of subjectmatter jurisdiction #10 ; objections to R&R due within 14 days; signed by Magistrate Judge Sally J. Berens (jln) |
| Filing 15 NOTICE OF IMPENDING DISMISSAL: Plaintiff to timely complete service of process or file a verified petition RE: Service of Process by 1/3/2023, or the case will be dismissed without prejudice; signed by Magistrate Judge Sally J. Berens (jal) |
| Copy of Notice of Impending Dismissal #15 sent via U.S. Mail to Owen W. Barnaby (ns) |
| Copy of Order Referring Case to Magistrate Judge #14 sent via U.S. Mail to Owen W. Barnaby (jmw) |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Sally J. Berens for all pretrial purposes; signed by Judge Robert J. Jonker (elam)
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| Filing 13 NOTICE of receipt of case (jrg) |
| Filing 12 CASE TRANSFERRED IN from Michigan Eastern, their case number 2:22-cv-12387; the documents listed above were electronically transferred to the Western District of Michigan (jrg) |
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Filing 11
ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Matthew F. Leitman. (DPer) [Transferred from Michigan Eastern on 12/5/2022.]
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| TEXT-ONLY CERTIFICATE OF SERVICE re #11 Transferring Case to Western District of Michigan on Owen W. Barnaby at P.O. Box 1926, Kennesaw, GA 30156. (HRya) [Transferred from Michigan Eastern on 12/5/2022.] |
| Copy of Receipt of Case Notice #13 sent via U.S. Mail to Owen Barnaby (jrg) |
| Filing 10 SECOND AMENDED COMPLAINT filed by Owen W. Barnaby against Kendell S. Asbenson, Benton Harbor, City of, Berrien County Board of Commissioners, Berrien County Government, Kathleen Culberson, McKinley R. Elliott, Lora L. Freehling, Jennifer Granholm, Jeffrey R. Holmstrom, Holmstrom Law, PLC, Donna B. Howard, Insurance Company(s), Lori D. Jarvis, James McGovern, Michigan State Bar, Michigan State Government, Michigan Supreme Court, Dana Nessel, Niles Charter Township, Niles Charter Township Board of Trustees, Niles, Charter Township of, Rick Snyder, Title Company(s), Shelly Weich, Gretchen Whitmer, Bret Witskowski. (JOwe) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 9 DOCUMENT titled "Notification of Unsealed and Without Contents Mail Recived from Court" by Owen W. Barnaby (JOwe) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 8 Summonses Provided to Plaintiff(s) for Service (SSch) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 7 SUMMONS Issued for * All Defendants * (SSch) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 6 AMENDED COMPLAINT filed by Owen W. Barnaby against All Defendants. [Submitted through Pro Se Portal 11/14/22] (SSch) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 5 Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) [Transferred from Michigan Eastern on 12/5/2022.] |
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Filing 4
ORDER Granting Plaintiff Leave to File an Amended Complaint. Signed by District Judge Matthew F. Leitman. (HRya) [Transferred from Michigan Eastern on 12/5/2022.]
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| TEXT-ONLY CERTIFICATE OF SERVICE re #4 Order on Owen W. Barnaby at P.O. Box 1926, Kennesaw, GA 30156. (HRya) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 3 Summonses Provided to Plaintiff(s) for Service (TTho) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 2 SUMMONS Issued for *Berrien County Board of Commissioners, Berrien County Government, Jennifer Granholm, Michigan State Government, Niles Charter Township, Niles Charter Township Officials, Rick Snyder, Shelly Weich, Gretchen Whitmer, Bret Witskowski* (TTho) [Transferred from Michigan Eastern on 12/5/2022.] |
| Filing 1 COMPLAINT filed by Owen W. Barnaby against All Defendants (Filing fee paid, sent to Financial Dept.) (Attachments: #1 Civil cover sheet) (TTho) [Transferred from Michigan Eastern on 12/5/2022.] |
| FILING FEE Received in the amount of 402.00 by Owen W. Barnaby - Receipt No. 150002111 [No Image Associated with this docket entry] (BHan) [Transferred from Michigan Eastern on 12/5/2022.] |
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