Case: Saieg v. City of Dearborn

Arabic Christian Perspective v. City of Dearborn

Arabic Christian Perspective v. City of Dearborn

Arabic Christian Perspective v. City of Dearborn

U.S. Court of Appeals for the Sixth Circuit

COMPLAINT filed by Arabic Christian Perspective, George Saieg against all defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000002029559 − Fee: $350. County of 1st Plaintiff: Orange County, California − County Where Action Arose: Wayne − County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Muise, Robert) (Entered: 06/16/2009)

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Arabic Christian Perspective (Muise, Robert) (Entered: 06/16/2009)

SUMMONS Issued for *Dearborn, City of* (SSch) (Entered: 06/17/2009)

SUMMONS Issued for *Ronald Haddad* (SSch) (Entered: 06/17/2009)

Emergency MOTION for Temporary Restraining Order by Arabic Christian Perspective, George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 (Declaration of George Saieg)) (Muise, Robert) (Entered: 06/17/2009)

NOTICE of hearing on 5 Emergency MOTION for Temporary Restraining Order. Motion Hearing set for 6/18/2009 11:00 AM before District Judge Nancy G Edmunds . (CHem) (Entered: 06/18/2009)

Minute Entry −Motion Hearing held on 6/18/2009 re 5 Emergency MOTION for Temporary Restraining Order filed by Arabic Christian Perspective, George Saieg before District Judge Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem) (Entered: 06/18/2009)

ORDER denying 5 Motion for TRO. Signed by District Judge Nancy G Edmunds. (CHem) (Entered: 06/18/2009)

CERTIFICATE of Service/Summons Returned Executed. Dearborn, City of served on 6/18/2009, answer due 7/8/2009. (Muise, Robert) (Entered: 06/18/2009)

CERTIFICATE of Service/Summons Returned Executed. Ronald Haddad served on 6/18/2009, answer due 7/8/2009. (Muise, Robert) (Entered: 06/18/2009)

TRANSCRIPT of Motion for Preliminary Injunction held on 6/18/2009. (Court Reporter/Transcriber: Suzanne Jacques(email:federaltranscript@gmail.com)) (Number of Pages: 39) Redaction Request due 7/22/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/29/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jacques, S.) (Entered: 07/01/2009)

Notice of Filing Transcript. (Jacques, S.) (Entered: 07/01/2009)

NOTICE of Appearance by Laurie M. Ellerbrake on behalf of Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 07/07/2009)

AMENDED COMPLAINT with Jury Demand filed by Arabic Christian Perspective, George Saieg against all defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 (Photograph of western border of Festival), # 3 Exhibit 2 (Photograph of western section of Border Area), # 4 Exhibit 3 (part 1 of 2) (Photographs of commercial speech and activity), # 5 Exhibit 3 (part 2 of 2) (Photographs of commercial speech and activity), # 6 Exhibit 4 (Photographs of individuals/groups distributing materials), # 7 Exhibit 5 (Photograph of vendor blocking sidewalk), # 8 Exhibit 6 (Photograph of leftover religious materials)) (Muise, Robert) (Entered: 07/07/2009)

STIPULATION AND ORDER for enlargement of time to answer re 13 Amended Complaint,, Signed by District Judge Paul D Borman. (DGoo) (Entered: 07/10/2009)

STIPULATED PROTECTIVE ORDER Signed by District Judge Paul D Borman. (DGoo) (DGoo). (DGoo). (Entered: 07/10/2009)

NOTICE of Correction re 15 Protective Order. (DGoo) (Entered: 07/10/2009)

NOTICE of Correction re 15 Protective Order. (DGoo) (Entered: 07/10/2009)

NOTICE of Appearance by William J. Becker − NOT SWORN, Jr on behalf of Arabic Christian Perspective, George Saieg. (Becker − NOT SWORN, William) (Entered: 07/20/2009)

NOTICE of Appearance by William J. Becker − NOT SWORN, Jr on behalf of Arabic Christian Perspective, George Saieg. (Becker − NOT SWORN, William) Modified on 7/21/2009 (BSoc). [DOCUMENT IS AN AMENDED NOTICE OF APPEARANCE] (Entered: 07/20/2009)

ANSWER to Amended Complaint with Affirmative Defenses by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 08/12/2009)

NOTICE TO APPEAR: Scheduling Conference set for 9/23/2009 03:45 PM before District Judge Paul D Borman (DGoo) (Entered: 08/19/2009)

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Muise, Robert) (Entered: 09/02/2009)

SCHEDULING ORDER: Discovery due by 3/12/2010 Dispositive Motion Cut−off set for 4/30/2010 Signed by District Judge Paul D Borman. (Refer to image for additional dates) (DGoo) (Entered: 09/17/2009)

STIPULATED PROTECTIVE ORDER Signed by District Judge Paul D Borman. (DGoo) (Entered: 01/15/2010)

NOTICE of Voluntary Dismissal by Arabic Christian Perspective as to Arabic Christian Perspective (Muise, Robert) (Entered: 01/15/2010)

ORDER DISMISSING PLAINTIFF ARABIC CHRISTIAN PERSPECTIVE re 25 Notice of Voluntary Dismissal filed by Arabic Christian Perspective. Signed by District Judge Paul D Borman. (DGoo) (Entered: 01/25/2010)

WITNESS LIST by Dearborn, City of, Ronald Haddad (Ellerbrake, Laurie) (Entered: 02/12/2010)

SEALED Plaintiff's Preliminary Witness List by George Saieg. (Muise, Robert) (Entered: 02/12/2010)

MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg. (Attachments: # 1 Brief in Support with Certificate of Service, # 2 Index of Exhibits, # 3 Exhibit 1−−Declaration of George Saieg, # 4 Exhibit −−1(A) Religious Literature, # 5 Exhibit −−1(B) Photographs of Barriers on Sidewalks) (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 1(C) Photographs of Festival Barriers re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−1(D) Photographs of Business Activities) (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 1(E) Additional Photographs of Business Activities (part 1 of 2) re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 1(E) Additional Photographs of Business Activities (part 2 of 2) re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 1(F) Photographs of Activities at Festival re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−1(G) Photographs of Individuals Distributing Literature, # 2 Exhibit −−1(H) Additional Photographs of Individuals Distributing Literature) (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 1(I) Photographs of Public Sidewalks Adjacent to Festival re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−1(J) Photograph of Mobile Police Station, # 2 Exhibit −−1(K) Photographs of ACP "Booth", # 3 Exhibit −−1(L) Photograph of Leftover Religious Materials) (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 2 Declaration of Francia Morello re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−2(A) City Ordinance: Distribution of Handbills, # 2 Exhibit −−2(B) City Ordinance: Street Vendors, # 3 Exhibit −−2(C) City Ordinance: Special Events, # 4 Exhibit −−3 Fay Beydoun Deposition Excerpts, # 5 Exhibit −−4 City Services Memorandum, # 6 Exhibit −−5 City Council Resolution, # 7 Exhibit −−6 Department of Recreation Memorandum Regarding Festival, # 8 Exhibit −−7 Sgt Jeffrey Mrowka Deposition Excerpts, # 9 Exhibit −−8 City Police Department Personnel Summary &After Action Report) (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 9 Chief Ronald Haddad Deposition Excerpts re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−10 Photographs of Police Command Trailer, # 2 Exhibit −−11 Photograph of Opening Ceremony, # 3 Exhibit −−12 Poster Promoting Festival, # 4 Exhibit −−13 Festival Meeting Notes &Agenda) (Muise, Robert) (Entered: 03/15/2010)

EXHIBIT 14 List of Businesses that Applied for Special Permits re 30 MOTION for Summary Judgment and Request for Injunctive Relief by George Saieg (Attachments: # 1 Exhibit −−15 Special Events Application for Festival, # 2 Exhibit −−16 American Arab Chamber of Commerce Memorandum to City Regarding Festival, # 3 Exhibit −−17 Map of Festival Area, # 4 Exhibit −−18 Transcript Excerpts from TRO Hearing, # 5 Exhibit −−19 Map of "Inner Perimeter" and "Outer Perimeter" of Festival, # 6 Exhibit −−20 Photographs of Baby Strollers at Festival, # 7 Exhibit −−21 Festival "Rules &Regulations") (Muise, Robert) (Entered: 03/15/2010)

NOTICE of hearing on 30 MOTION for Summary Judgment and Request for Injunctive Relief . Responses due by 4/16/2010 Replies due by 4/30/2010 Motion Hearing set for 7/15/2010 02:00 PM before District Judge Paul D Borman . (DGoo) (Entered: 03/16/2010)

NOTICE of hearing on 30 MOTION for Summary Judgment and Request for Injunctive Relief . Motion Hearing RESCHEDULED for 5/21/2010 02:00 PM

SEALED EXHIBIT A− Dep transcript of Saieg re 41 MOTION for Summary Judgment by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

SEALED EXHIBIT R− Plaintiff's Answers to Defendants' Second Interrogatories re 41 MOTION for Summary Judgment by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

MOTION set hearing date for Motion for Summary Judgment before 15th Annual Arab International Festival by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

MOTION for Leave to File Excess Pages by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 04/09/2010)

NOTICE of hearing on 41 MOTION for Summary Judgment. Responses due by 4/23/2010 Replies due by 4/30/2010 Motion Hearing set for 5/21/2010 02:00 PM before District Judge Paul D Borman . (DGoo) (Entered: 04/12/2010)

RESPONSE to 30 MOTION for Summary Judgment and Request for Injunctive Relief filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit B − Program for "Facing the Muslim Challenge", # 3 Exhibit C − Dep transcript of Beydoun, # 4 Exhibit D − Festival flyer and program, # 5 Exhibit E − Request from Arab Chamber, # 6 Exhibit F − Map of Festival area, # 7 Exhibit G − Press &Guide article, # 8 Exhibit H − Dep transcript of Mrowka, # 9 Exhibit I − Memo regarding barricades, # 10 Exhibit J − Photos of Festival grounds, # 11 Exhibit K − Dep transcript of Haddad, # 12 Exhibit L − Memo from Peterson, # 13 Exhibit M − Council Resolution, # 14 Exhibit N − Meeting minutes, # 15 Exhibit O − Festival application, # 16 Exhibit P − Transcript of TRO hearing, # 17 Exhibit Q − Speech photos, # 18 Exhibit R − Letter to editor, # 19 Exhibit S − Sidewalk photos, # 20 Exhibit T − Crowd photos) (Zalewski, Matthew) (Entered: 04/16/2010)

SEALED EXHIBIT A − Dep. transcript of Saieg re 47 Response to Motion,,, by All Defendants. (Zalewski, Matthew) (Entered: 04/16/2010)

MOTION for Leave to File Excess Pages by All Defendants. (Zalewski, Matthew) (Entered: 04/16/2010)

RESPONSE to 41 MOTION for Summary Judgment filed by George Saieg. (Attachments: # 1 Index of Exhibits) (Muise, Robert) (Entered: 04/23/2010)

SEALED EXHIBIT 22−−Plaintiff Saieg Deposition Excerpts &Deposition Exhibit 46 re 50 Response to Motion by George Saieg. (Muise, Robert) (Entered: 04/23/2010)

SEALED EXHIBIT 23−−Deposition Exhibit 33: Call for Service re 50 Response to Motion by George Saieg. (Muise, Robert) (Entered: 04/23/2010)

REPLY to Response re 30 MOTION for Summary Judgment and Request for Injunctive Relief filed by George Saieg. (Muise, Robert) (Entered: 04/28/2010)

REPLY to Response re 41 MOTION for Summary Judgment filed by All Defendants. (Zalewski, Matthew) (Entered: 04/30/2010)

ORDER regarding upcoming hearing re 41 MOTION for Summary Judgment filed by Dearborn, City of, Ronald Haddad. Signed by District Judge Paul D Borman. (DGoo)

RESPONSE to 55 Order by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Letter from American Arab Chamber) (Zalewski, Matthew) (Entered: 05/19/2010)

Minute Entry − Motion Hearing held on 5/21/2010 re 30 MOTION for Summary Judgment and Request for Injunctive Relief filed by George Saieg, 41 MOTION for Summary Judgment filed by Dearborn, City of, Ronald Haddad before District Judge Paul D Borman. Disposition: taken under advisement(Court Reporter Mosby) (DGoo) (Entered: 05/21/2010)

OPINION and ORDER granting 41 Motion for Summary Judgment; denying 30 Motion for Summary Judgment. Signed by District Judge Paul D Borman. (DGoo)

JUDGMENT in favor of defendants against plaintiff. Judgment in the amount of $ *0*. Signed by District Judge Paul D Borman. (DGoo) (Entered: 06/07/2010)

NOTICE OF APPEAL by George Saieg. Receipt No: 0645−2498129 − Fee: $ 455 − Fee Status: Fee Paid. (Muise, Robert) (Entered: 06/07/2010)

Certificate of Service re 59 Notice of Appeal. (CGre) (Entered: 06/08/2010)

ORDER from U.S. Court of Appeals − Sixth Circuit re 59 Notice of Appeal filed by George Saieg − Disposition: The motion for injunction pending appeal is GRANTED as follows. The relief granted hereby pertains only to the Festival to be held June 18, 19 and 20, 2010, after which this order will be deemed to have expired. [Appeal Case Number 09−12321]. (CGre) (Entered: 06/18/2010)

BILL OF COSTS by Dearborn, City of, Ronald Haddad (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit A; Receipt for transcript of TRO hrg, # 3 Exhibit B; Receipt for transcripts of deps of Mrowka and Haddad, # 4 Exhibit C; Receipt for transcript of dep of Beydoun, # 5 Exhibit D; Receipt for transcript of dep of Saieg) (Ellerbrake, Laurie) (Entered: 07/02/2010)

COST TAXED in amount of $729.25 against plaintiff. (DPer) (Entered: 07/02/2010)

MOTION Defendants' Motion to Review Taxation of Costs re 62 Bill of Costs, 63 Costs Taxed by Dearborn, City of, Ronald Haddad. (Ellerbrake, Laurie) (Entered: 07/07/2010)

ORDER STAYING 64 MOTION Defendants' Motion to Review Taxation of Costs re 62 Bill of Costs, 63 Costs Taxed filed by Dearborn, City of, Ronald Haddad. Signed by District Judge Paul D Borman. (DGoo)

ORDER from U.S. Court of Appeals − Sixth Circuit re 59 Notice of Appeal filed by George Saieg − Disposition: It is ORDERED that the motion to expedite oral argument be and it hereby is GRANTED. [Appeal Case Number 10−1746]. (CGre) (Entered: 10/06/2010)

OPINION and Judgment from U.S. Court of Appeals − Sixth Circuit re 59 Notice of Appeal filed by George Saieg − Disposition: It is ORDERED that the judgment of the district court is REVERSED IN PART and AFFIRMED IN PART, and the case is REMANDED for further proceedings consistent with the opinion of this court. [Appeal Case Number 10−1746]. (CGre) (Entered: 05/26/2011)

LETTER from U.S. Court of Appeals − Sixth Circuit re 67 Appeal Opinion − Corrected Page 14. [Appeal Case Number 10−1746] (CGre) (Entered: 05/27/2011)

Emergency MOTION for Permanent Injunction by George Saieg. (Muise, Robert) (Entered: 06/08/2011)

NOTICE of hearing on 69 Emergency MOTION for Permanent Injunction. Responses due by 6/10/2011 Motion Hearing set for 6/14/2011 01:00 PM before District Judge Paul D. Borman . (DGoo) (Entered: 06/08/2011)

REPLY to Response re 69 Emergency MOTION for Permanent Injunction filed by George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−Proposed Judgment, # 3 Exhibit 2−−City Council Resolution of May 31, 2011) (Muise, Robert) (Entered: 06/13/2011)

Minute Entry − Status Conference held on 6/14/2011, before District Judge Paul D. Borman. (Court Reporter Leann Lizza) (DGoo) (Entered: 06/14/2011)

JUDGMENT reversing in part the Court's order granting summary judgment and judgment is entered in plaintiff's favor on his first amendment free speech claim against all defendants. Signed by District Judge Paul D. Borman. (DGoo) (Entered: 06/14/2011)

MANDATE from U.S. Court of Appeals − Sixth Circuit as to 59 Notice of Appeal filed by George Saieg. [Appeal Case Number 10−1746]. (CGre) (Entered: 06/17/2011)

BILL OF COSTS by George Saieg (Attachments: # 1 Exhibit A−−Fees of the Clerk, # 2 Exhibit B−−Court Reporter Fees, # 3 Exhibit C−−Witness Fees) (Muise, Robert) (Entered: 06/20/2011)

MOTION for Attorney Fees by George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit −−1 Declaration of Attorney Robert Muise, # 3 Exhibit −−A Record of Costs and Fees, # 4 Exhibit −−2 Declaration of Attorney Robert Bunting) (Muise, Robert) (Entered: 06/21/2011)

COSTS TAXED in the amount of $805.00 against defendants. (DPer) (Entered: 06/21/2011)

BILL OF COSTS [AMENDED] by George Saieg (Attachments: # 1 Exhibit −− 1 Declaration of Attorney Robert Muise, # 2 Exhibit −− A Fees of the Clerk, # 3 Exhibit −− B Court Reporter Fees, # 4 Exhibit −− C Witness Fees) (Muise, Robert) (Entered: 06/21/2011)

COSTS TAXED (AMENDED) in the amount of $2,322.16 against defendants. (DPer) (Entered: 06/22/2011)

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 76 MOTION for Attorney Fees filed by George Saieg. Signed by District Judge Paul D. Borman. (DGoo) (Entered: 06/22/2011)

MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed by George Saieg. (Muise, Robert) (Entered: 06/27/2011)

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed filed by George Saieg. Signed by District Judge Paul D. Borman. (DGoo) (Entered: 06/30/2011)

STIPULATION re 76 MOTION for Attorney Fees Stipulation to Extend Time for Defendants to File Response by Dearborn, City of, Ronald Haddad (Zalewski, Matthew) Modified on 7/1/2011 (NHol). [PLEASE DISREGARD − FILED IN ERROR] (Entered: 07/01/2011)

STIPULATED ORDER Adjourning Response due date as to 76 MOTION for Attorney Fees: ( Response due by 8/4/2011 ). Signed by Magistrate Judge R. Steven Whalen. (MLan) (Entered: 07/01/2011)

NOTICE of hearing on 81 MOTION to Review Amended Taxed Bill of Cost re 79 Costs Taxed, and 76 MOTION for Attorneys' Fees. Motion Hearing set for 10/6/2011 at 10:00 AM before Magistrate Judge R. Steven Whalen . (THac) (Entered: 07/07/2011)

REPLY to Response re 76 MOTION for Attorney Fees filed by George Saieg. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−Supplemental Declaration of Attorney Muise, # 3 Exhibit A−−Supreme Court Insider Article Published by The National Law Journal) (Muise, Robert) (Entered: 08/10/2011)

TEXT ONLY NOTICE − as to 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed, 76 MOTION for Attorney Fees : Motion Hearing ADJJOURNED TO 10/18/2011 10:00 AM before Magistrate Judge R. Steven Whalen (MLan) (Entered: 09/08/2011)

ORDER Denying Defendants' 64 Motion to Review Taxation of Costs − Signed by District Judge Paul D. Borman. (FMos) (Entered: 09/27/2011)

AMENDED NOTICE of hearing on 81 MOTION to Review Amended Taxed Bill of Cost re 79 Costs Taxed, 76 MOTION for Attorney Fees. Motion Hearing set for 10/18/2011 at 12:00 PM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 10/04/2011)

Minute Entry − Motion Hearing held on 10/18/2011 76 MOTION for Attorney Fees filed by George Saieg, and 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed filed by George Saieg before Magistrate Judge R. Steven Whalen. Disposition: TAKEN UNDER ADVISEMENT AND GRANTED, RESPECTIVELY. (Court Reporter Linda Cavanagh) (JCur) (Entered: 10/19/2011)

REPORT AND RECOMMENDATION recommending denying as moot 81 MOTION Review of Amended Taxed Bill of Cost re 79 Costs Taxed filed by George Saieg. Signed by Magistrate Judge R. Steven Whalen. (JCur) (Entered: 01/27/2012)

REPORT AND RECOMMENDATION recommending granting 76 MOTION for Attorney Fees filed by George Saieg. Signed by Magistrate Judge R. Steven Whalen. (JCur)

NOTICE of Appearance by Erin E. Mersino on behalf of All Plaintiffs. (Mersino, Erin) (Entered: 01/30/2012)

NOTICE of Change of Address/Contact Information by Robert J. Muise on behalf of George Saieg. (Muise, Robert) (Entered: 01/31/2012)

SATISFACTION OF JUDGMENT as to All Defendants by George Saieg (Muise, Robert) (Entered: 02/27/2012)

OPINION and ORDER denying as moot 81 Motion filed by George Saieg, adopting 90 Report and Recommendation, granting 76 Motion for Attorney Fees, filed by George Saieg Signed by District Judge Paul D. Borman. (DGoo)

OPINION and ORDER denying as moot 81 Motion filed by George Saieg, adopting 90 Report and Recommendation, granting 76 Motion for Attorney Fees, filed by George Saieg Signed by District Judge Paul D. Borman. (DGoo)