Booth v. Fink et al
Plaintiff: Earl D. Booth
Defendant: Scott Fink and Sean Dush
Case Number: 1:2023cv00758
Filed: July 17, 2023
Court: US District Court for the Western District of Michigan
Presiding Judge: Hala Y Jarbou
Referring Judge: Ray Kent
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2023 Opinion or Order Filing 43 ORDER regarding preparation of joint status report: status report due by 9/28/2023; signed by Chief Judge Hala Y. Jarbou (bgs)
August 31, 2023 Opinion or Order Filing 42 DEFAULT ENTERED as to defendant Scott Fink (ns)
August 30, 2023 Opinion or Order Filing 41 APPLICATION for entry of default as to Defendant Scott Fink (Ellison, Philip)
August 30, 2023 Opinion or Order Filing 40 SUMMONS returned executed; Scott Fink served on 7/31/2023, answer due 8/21/2023 (Ellison, Philip)
August 30, 2023 Opinion or Order Filing 39 EXHIBIT re #37 Ex. E - Yetman v. CSX Transp., Inc by defendant Sean Dush (Ferrand, Timothy)
August 30, 2023 Opinion or Order Filing 38 EXHIBIT re #37 Ex. D - Pedreira v. Sunrise Children's Servs., Inc by defendant Sean Dush (Ferrand, Timothy)
August 30, 2023 Opinion or Order Filing 37 RESPONSE TO MOTION to dismiss Defendant Rush Voluntarily #33 filed by Sean Dush (Attachments: #1 Index, #2 Exhibit Ex. A - Quiktrak, Inc. v. Hoffman, #3 Exhibit Ex. B - Pharmacia & Upjohn v. Generation Health, #4 Exhibit Ex. C - Denhollander v. Michigan State Univ) (Ferrand, Timothy)
August 17, 2023 Opinion or Order Filing 36 ORDER Denying as Moot #4 Motion for Preliminary Injunction; signed by Chief Judge Hala Y. Jarbou (bgs)
August 17, 2023 Opinion or Order (NON-DOCUMENT) ATTORNEY APPEARANCE of Timothy Ferrand on behalf of defendant Sean Dush ONLY (Ferrand, Timothy)
August 16, 2023 Opinion or Order Filing 35 Notice of WITHDRAWAL by plaintiff Earl D. Booth of #4 filed by Earl D. Booth of Request for an Order to Show Cause re Preliminary Injunction (Ellison, Philip)
August 16, 2023 Opinion or Order Filing 34 CERTIFICATE of compliance re word count for MOTION to dismiss Defendant Rush Voluntarily #33 filed by Earl D. Booth (Ellison, Philip)
August 16, 2023 Opinion or Order Filing 33 MOTION to dismiss Defendant Sheriff Sean Rush Voluntarily with brief in support by plaintiff Earl D. Booth; (Ellison, Philip) Modified text on 8/17/2023 (mlc).
August 9, 2023 Opinion or Order Filing 32 RESPONSE TO #4 Motion for Preliminary Injunction with certificate of compliance filed by Sean Dush (Attachments: #1 Exhibit A Livingston v Francis) (Ferrand, Timothy) Modified text on 8/9/2023 (mlc).
August 1, 2023 Opinion or Order Filing 31 ANSWER to Amended Complaint, #24 with affirmative defenses and jury demand by Sean Dush (Ferrand, Timothy)
July 19, 2023 Opinion or Order Filing 30 ORDER denying in part #4 ex parte MOTION for Temporary Restraining Order; directing responses to motion for preliminary injunction; signed by Chief Judge Hala Y. Jarbou (aks)
July 17, 2023 Opinion or Order Filing 29 NOTICE of receipt of case (ns)
July 17, 2023 Opinion or Order Filing 28 CASE TRANSFERRED IN from Michigan Eastern, their case number 2:23-cv-11629; the documents listed above were electronically transferred to the Western District of Michigan (ns)
July 12, 2023 Opinion or Order Filing 27 ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Matthew F. Leitman. (SKra) [Transferred from Michigan Eastern on 7/17/2023.]
July 12, 2023 Opinion or Order Filing 26 ATTORNEY APPEARANCE: Timothy S. Ferrand appearing on behalf of All Defendants (Ferrand, Timothy) [Transferred from Michigan Eastern on 7/17/2023.]
July 12, 2023 Opinion or Order Minute Entry for virtual proceedings before District Judge Matthew F. Leitman: Status Conference held on 7/12/2023. Order to Follow. (Court Reporter: Rob Smith) (HRya) [Transferred from Michigan Eastern on 7/17/2023.]
July 11, 2023 Opinion or Order Filing 25 EXHIBIT A, B, and C for July 12, 2023 Zoom Hearing re #22 Notice to Appear by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 11, 2023 Opinion or Order Filing 24 AMENDED COMPLAINT filed by Earl D. Booth against Sean Dush, Scott Fink. NO NEW PARTIES ADDED. (Attachments: #1 Exhibit 1 - Register of Actions - People v Fink, #2 Exhibit 2 - Facebook Post, #3 Exhibit 3 - PPO Petition, #4 Exhibit 4 - PPO, #5 Exhibit 5 - Clerk CPL Letter) (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.] Modified text on 7/17/2023 (ns).
July 11, 2023 Opinion or Order Filing 23 ORDER to Attend Status Conference. Signed by District Judge Matthew F. Leitman. (HRya) [Transferred from Michigan Eastern on 7/17/2023.]
July 11, 2023 Opinion or Order Filing 22 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/12/2023 at 2:30 PM before District Judge Matthew F. Leitman. (HRya) [Transferred from Michigan Eastern on 7/17/2023.] Modified text on 7/17/2023 (ns).
July 10, 2023 Opinion or Order Filing 21 NOTICE by Earl D. Booth re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause (Supplemental) of Efforts Made to Give Notice Regarding Temporary Restraining Order Motion (Attachments: #1 Exhibit Email) (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 20 EXHIBIT I (Corrected Filing) re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 19 NOTICE by Earl D. Booth of Efforts Made to Give Notice Regarding Temporary Restraining Order Motion (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 18 ORDER REASSIGNING CASE from District Judge Laurie J. Michelson and Magistrate Judge Anthony P. Patti to District Judge Matthew F. Leitman and Magistrate Judge Curtis Ivy, Jr. (NAhm) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 17 SUMMONS Issued for *Scott Fink* (KBro) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 16 SUMMONS Issued for *Sean Dush* (KBro) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 15 EXHIBIT J - Notice of Hearing re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 14 EXHIBIT I - PPO re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 13 EXHIBIT H - PPO Petition re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 12 EXHIBIT G - Facebook Post re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 11 EXHIBIT F - Register of Actions re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 10 EXHIBIT E - News Articles re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 9 EXHIBIT D - Answer re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 8 EXHIBIT C - Facebook Post re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 7 EXHIBIT B - Booth Declaration re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 6 EXHIBIT A - Social Media Policy re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 5 INDEX of Exhibits re #4 Ex Parte MOTION for Temporary Restraining Order Ex Parte MOTION for Order to Show Cause by Earl D. Booth (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order Filing 4 Ex Parte MOTION for Temporary Restraining Order , Ex Parte MOTION for Order to Show Cause by Earl D. Booth. (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 10, 2023 Opinion or Order A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at a http://www.mied.uscourts.gov (KBro) [Transferred from Michigan Eastern on 7/17/2023.] Modified text on 7/17/2023 (ns).
July 9, 2023 Opinion or Order Filing 3 NOTICE by Earl D. Booth of Failed Attempts to File Motion (Attachments: #1 Exhibit Print Out of Error Message(s)) (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 9, 2023 Opinion or Order Filing 2 NOTICE by Earl D. Booth of Motion to Consolidate Cases Forthcoming (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.]
July 9, 2023 Opinion or Order Filing 1 COMPLAINT filed by Earl D. Booth against Sean Dush, Scott Fink. Plaintiff requests summons issued. Receipt No: AMIEDC-9410600 - Fee: $ 402. County of 1st Plaintiff: Jackson - County Where Action Arose: Clinton - County of 1st Defendant: Oakland. Previously dismissed case: No] Possible companion case(s): USDC - Eastern District, 22-cv-10166, Judge Matthew F. Leitman] (Attachments: #1 Exhibit 1 - Register of Actions re People v Fink, #2 Exhibit 2 - Facebook Post) (Ellison, Philip) [Transferred from Michigan Eastern on 7/17/2023.] Modified text on 7/17/2023 (ns).

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Plaintiff: Earl D. Booth
Represented By: Philip Lee Ellison
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Defendant: Scott Fink
Represented By: Timothy Ferrand
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Defendant: Sean Dush
Represented By: Timothy Ferrand
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