1
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COMPLAINT filed by John Satawa against all defendants. Plaintiff requests summons issued. Receipt No: 06450000000002204806 − Fee: $ 350. County of 1st Plaintiff: Macomb − County Where Action Arose: Macomb − County of 1st Defendant: Macomb. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Letter from Macomb County Road Commission to Plaintiff Satawa dated December 11, 2008, # 3 Exhibit 2 − Letter from Macomb County Road Commission to Plaintiff Satawa dated February 6, 2009, # 4 Exhibit 3 − Plaintiff Satawa's permit application to display nativity scene, # 5 Exhibit 4 − Letter from Macomb County Road Commission to Plaintiff Satawa dated March 9, 2009) (Muise, Robert) (Entered: 10/23/2009)
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Oct. 23, 2009
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Oct. 23, 2009
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2
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SUMMONS Issued for *Macomb County Road Commission, Fran Gillett, Robert Hoepfner* (SSch) (Entered: 10/27/2009)
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Oct. 27, 2009
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Oct. 27, 2009
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3
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CERTIFICATE of Service/Summons Returned Executed. Macomb County Road Commission served on 10/28/2009, answer due 11/17/2009. (Muise, Robert) (Entered: 10/29/2009)
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Oct. 29, 2009
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Oct. 29, 2009
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4
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CERTIFICATE of Service/Summons Returned Executed. Fran Gillett served on 10/28/2009, answer due 11/17/2009. (Muise, Robert) (Entered: 10/29/2009)
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Oct. 29, 2009
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Oct. 29, 2009
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5
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CERTIFICATE of Service/Summons Returned Executed. Robert Hoepfner served on 10/28/2009, answer due 11/17/2009. (Muise, Robert) (Entered: 10/29/2009)
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Oct. 29, 2009
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Oct. 29, 2009
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6
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NOTICE of Appearance by Benjamin J. Aloia on behalf of Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 10/29/2009)
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Oct. 29, 2009
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Oct. 29, 2009
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7
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CERTIFICATE OF SERVICE by Macomb County Road Commission, Fran Gillett, Robert Hoepfner re 6 Notice of Appearance (Aloia, Benjamin) (Entered: 10/29/2009)
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Oct. 29, 2009
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Oct. 29, 2009
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8
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MOTION for Temporary Restraining Order / Preliminary Injunction by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Declaration of John Satawa, # 3 Exhibit A − Letters from Plaintiff to Warren Police Department, # 4 Exhibit B − Photograph of nativity scene, # 5 Exhibit C − Letter from Macomb County Road Commission ordering removal of nativity scene, # 6 Exhibit D − Letter from Macomb County Road Commission regarding permit application, # 7 Exhibit E (part 1 of 2) − Photographs of median, # 8 Exhibit E (part 2 of 2) − Photographs of median, # 9 Exhibit F − Photographs of median−−gazebo, # 10 Exhibit G − Photographs of median−−memorial trees and plaques, # 11 Exhibit H − Photograph of median sign, # 12 Exhibit I − Plaintiff's permit application, # 13 Exhibit J − Macomb County Road Commission's formal denial of Plaintiff's permit application) (Muise, Robert) (Entered: 10/30/2009)
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Oct. 30, 2009
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Oct. 30, 2009
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10
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AFFIRMATIVE DEFENSES by Macomb County Road Commission, Fran Gillett, Robert Hoepfner (Aloia, Benjamin) (Entered: 11/17/2009)
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Nov. 17, 2009
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Nov. 17, 2009
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11
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CERTIFICATE OF SERVICE by Macomb County Road Commission, Fran Gillett, Robert Hoepfner re 10 Affirmative Defenses, 9 Answer to Complaint (Aloia, Benjamin) (Entered: 11/17/2009)
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Nov. 17, 2009
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Nov. 17, 2009
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12
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NOTICE TO APPEAR: Scheduling Conference set for 12/3/2009 09:30 AM before District Judge Gerald E Rosen (RBri) (Entered: 11/18/2009)
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Nov. 18, 2009
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Nov. 18, 2009
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13
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RESPONSE to 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 11/20/2009)
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Nov. 20, 2009
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Nov. 20, 2009
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14
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NOTICE of hearing. Motion Hearing set for 12/9/2009 03:30 PM before District Judge Gerald E Rosen . (RBri) (Entered: 11/25/2009)
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Nov. 25, 2009
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Nov. 25, 2009
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15
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REPLY to Response re 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 2 − Zamora Declaration with letter from Warren Village Historic District Commission attached as Exhbit A) (Muise, Robert) (Entered: 11/25/2009)
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Nov. 25, 2009
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Nov. 25, 2009
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16
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NOTICE of Appearance by Richard Thompson on behalf of John Satawa. (Thompson, Richard) (Entered: 11/25/2009)
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Nov. 25, 2009
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Nov. 25, 2009
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17
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NOTICE of Appearance by Keith E. Corbett on behalf of John Satawa. (Corbett, Keith) (Entered: 11/25/2009)
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Nov. 25, 2009
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Nov. 25, 2009
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18
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SUR−REPLY re 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 12/07/2009)
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Dec. 7, 2009
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Dec. 7, 2009
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19
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NOTICE of Appearance by Danielle J. Hessell on behalf of Freedom From Religion Foundation, Inc.. (Hessell, Danielle) (Entered: 12/09/2009)
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Dec. 9, 2009
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Dec. 9, 2009
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20
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MOTION for Leave to File a Brief as Amicus Curiae by Freedom From Religion Foundation, Inc.. (Hessell, Danielle) (Entered: 12/09/2009)
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Dec. 9, 2009
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Dec. 9, 2009
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Minute Entry − Motion Hearing held on 12/10/2009 re 8 MOTION for Temporary Restraining Order / Preliminary Injunction filed by John Satawa before District Judge Gerald E Rosen. Disposition: Taken Under Advisement(Court Reporter Carol Sapala) (RBri) (Entered: 12/10/2009)
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Dec. 10, 2009
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Dec. 10, 2009
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21
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ORDER granting 20 Motion for Leave to File Amicus Brief. Signed by District Judge Gerald E Rosen. (RBri) (Entered: 12/11/2009)
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Dec. 11, 2009
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Dec. 11, 2009
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22
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STIPULATION by John Satawa (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Corbett, Keith) (Entered: 12/17/2009)
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Dec. 17, 2009
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Dec. 17, 2009
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23
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STIPULATION by John Satawa (Corbett, Keith) (Entered: 12/21/2009)
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Dec. 21, 2009
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Dec. 21, 2009
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24
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OPINION AND ORDER ADDRESSING PLAINTIFF'S 8 Motion for Preliminary Injunction. Signed by District Judge Gerald E Rosen. (RBri)
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Dec. 28, 2009
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Dec. 28, 2009
RECAP
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25
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RESPONSE to the Court's Show Cause Order filed by John Satawa. (Muise, Robert) (Entered: 01/11/2010)
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Jan. 11, 2010
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Jan. 11, 2010
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26
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REPLY to the Court's Show Cause Order by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 01/19/2010)
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Jan. 19, 2010
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Jan. 19, 2010
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27
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SUPPLEMENTAL BRIEF re 25 Response to Petition/Request/Application Sur−Reply to the Court's Show Cause Order filed by John Satawa. (Muise, Robert) (Entered: 01/22/2010)
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Jan. 22, 2010
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Jan. 22, 2010
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28
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SUPPLEMENTAL BRIEF re 26 Reply (Free) to the Court's Show Cause Order filed by Macomb County Road Commission, Fran Gillett, Robert Hoepfner. (Aloia, Benjamin) (Entered: 01/25/2010)
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Jan. 25, 2010
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Jan. 25, 2010
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30
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SCHEDULING ORDER: Discovery due by 5/29/2010, Dispositive Motion Cut−off set for 6/30/2010, Final Pretrial Conference set for 9/30/2010 01:00 PM before District Judge Gerald E Rosen, Trailing Trial Docket set for 10/5/2010. Signed by District Judge Gerald E Rosen. (Attachments: # 1 Document Continuation) (Refer to image for additional dates) (RBri) (Entered: 02/03/2010)
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Feb. 3, 2010
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Feb. 3, 2010
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31
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Defendants' Preliminary Trial WITNESS LIST by Fran Gillett, Robert Hoepfner, Macomb County Road Commission (Aloia, Benjamin) (Entered: 05/14/2010)
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May 14, 2010
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May 14, 2010
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32
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CERTIFICATE OF SERVICE by John Satawa Plaintiff's Preliminary Trial Witness List (Muise, Robert) (Entered: 05/14/2010)
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May 14, 2010
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May 14, 2010
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33
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Joint MOTION TO EXTEND Dispositive Motion Cut−Off Date by All Defendants. (Aloia, Benjamin) (Entered: 05/25/2010)
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May 25, 2010
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May 25, 2010
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34
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STIPULATION AND ORDER TO EXTEND DISCOVERY CUT−OFF FOR EXPERT DEPOSITIONS AND EXTEND DEFENDANTS' DISCLOSURE OF WRITTEN EXPERT REPORT TO PLAINTIFF. Signed by District Judge Gerald E Rosen. (RGun) (Entered: 05/27/2010)
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May 27, 2010
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May 27, 2010
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35
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ORDER granting 33 Stipulated Motion for Extension of Dispositive Motion Cut−Off Date. Signed by District Judge Gerald E Rosen. (RGun) (Entered: 06/03/2010)
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June 3, 2010
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June 3, 2010
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Set/Reset Scheduling Order Deadlines: Dispositive Motion Cut−off set for 7/30/2010 (RGun) (Entered: 06/03/2010)
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June 3, 2010
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June 3, 2010
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36
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CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiff's Preliminary Trial Witness List (Muise, Robert) (Entered: 06/11/2010)
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June 11, 2010
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June 11, 2010
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37
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MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−Deposition of Gillett (excerpts), # 3 Exhibit 2−−Deposition of Hoepfner (excerpts), # 4 Exhibit 3−−Permit Application Form, # 5 Exhibit 4−−Road Commission Policy, # 6 Exhibit 5−−Rule 30(b)(6) Deposition Notice, # 7 Exhibit 6−−Deposition of Satawa (excerpts), # 8 Exhibit 7−−Photographs of Nativity Scene, # 9 Exhibit 8−−St. Anne's Parish Record, # 10 Exhibit 9−−Formal Denial Letter, # 11 Exhibit 10−−"Freedom From Religion" Complaint) (Muise, Robert) (Entered: 07/29/2010)
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July 29, 2010
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July 29, 2010
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38
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EXHIBIT 11−−Road Commission Letter of 12/11/08 re 37 MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Exhibit 12−−Deposition of Van Steelandt (excerpts), # 2 Exhibit 13−−Satawa Permit Application (Incomplete), # 3 Exhibit 14−−Road Commission Letter of 2/6/09, # 4 Exhibit 15−−Satawa's 2009 Permit Application, # 5 Exhibit 16−−Supplemental Declaration of Satawa with Deposition Exhibit 34, # 6 Exhibit 17−−Letters from Community/Public, # 7 Exhibit 18−−Declaration of Zamora with Exhibit A (Letter from Historic Commission)) (Muise, Robert) (Entered: 07/29/2010)
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July 29, 2010
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July 29, 2010
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39
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EXHIBIT 19−−Photographs of Items on Mound Road Median re 37 MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Exhibit 20−−Documents Related to Sign and Gazebo, # 2 Exhibit 21−−Deposition of Taylor (excerpts) with Taylor Exhibit 5, # 3 Exhibit 22−−MCL sec. 257.20 "Highway of Street", # 4 Exhibit 23−−E−mail Regarding Recording of Board Meeting of 3/6/09, # 5 Exhibit 24−−Transcript of Recording of Board Meeting of 3/6/09, # 6 Exhibit 25−−Certification of Transcript of Recording of Board Meeting of 3/6/09) (Muise, Robert) (Entered: 07/29/2010)
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July 29, 2010
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July 29, 2010
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40
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EXHIBIT 26−−Diagram of Intersection (Taylor Deposition Exhibit 4) re 37 MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Exhibit 27−−Deposition of Wiechel with Deposition Exhibit 1 (Resume), Deposition Exhibit 2 (Prior Expert Testimony), and Deposition Exhibit 4 (Expert Report)) (Muise, Robert) (Entered: 07/29/2010)
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July 29, 2010
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July 29, 2010
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41
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MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A − Affidavit of Robert P. Hoepfner, P.E., # 3 Exhibit B − R. Hoepfner, P.E., Dep. Trans. (Excerpts), # 4 Exhibit C − Dr. William Taylor, Ph.D. Expert Report, # 5 Exhibit D − Dr. Talyor Expert Illustration, # 6 Exhibit E − Wiechel Report, # 7 Exhibit F − John Satawa Dep. Trans. (Excerpts), # 8 Exhibit G − MDOT Road Design Manual, # 9 Exhibit H − RCMC denial letter, # 10 Exhibit I − Dr. William Taylor, Ph.D. Dep. Trans. (Excerpts)) (Aloia, Benjamin) (Entered: 07/30/2010)
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July 30, 2010
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July 30, 2010
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42
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RESPONSE to 41 MOTION for Summary Judgment filed by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 28−−Johnson v Poway Unified School District) (Muise, Robert) (Entered: 08/19/2010)
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Aug. 19, 2010
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Aug. 19, 2010
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43
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RESPONSE to 37 MOTION for Summary Judgment filed by Fran Gillett, Robert Hoepfner, Macomb County Road Commission. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Affidavit of R. Hoepfner, # 3 Exhibit B − Citizen Complaint, # 4 Exhibit C − Permit Application, # 5 Exhibit D − Excerpts from J. Satawa Deposition, # 6 Exhibit E − December 11, 2008 Hoepfner Ltr., # 7 Exhibit F − Denial Ltr., # 8 Exhibit G − RCMC Policy # 802, # 9 Exhibit H − Excerpts from R. Hoepfner Deposition, # 10 Exhibit I − MI Road Deign Manual, # 11 Exhibit J − Taylor Expert Report and Resume, # 12 Exhibit K − Taylor Diagram, # 13 Exhibit L − Excerpts from W. Taylor Deposition, # 14 Exhibit M − SEA Report) (Aloia, Benjamin) (Entered: 08/19/2010)
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Aug. 19, 2010
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Aug. 19, 2010
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44
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REPLY to Response re 41 MOTION for Summary Judgment filed by Fran Gillett, Robert Hoepfner, Macomb County Road Commission. (Attachments: # 1 Index of Exhibits, # 2 Exhibit L − Excerpts from Robert Hoepfner's Deposition, # 3 Exhibit M − Excerpts from Fran Gillett's Deposition, # 4 Exhibit N − Excerpts from John F. Wiechel, Ph.D., P.E. Deposition) (Aloia, Benjamin) (Entered: 08/26/2010)
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Aug. 26, 2010
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Aug. 26, 2010
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45
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REPLY to Response re 37 MOTION for Summary Judgment filed by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 29−−Deposition of Fran Gillett (excerpts)) (Muise, Robert) (Entered: 09/01/2010)
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Sept. 1, 2010
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Sept. 1, 2010
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46
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NOTICE OF CANCELLING FINAL PRETRIAL CONFERENCE AND TRIAL. (RGun) (Entered: 09/26/2010)
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Sept. 26, 2010
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Sept. 26, 2010
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47
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OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT. Defendants' Motion for Summary Judgment 41 Granted and Plaintiff's Motion for Summary Judgment 37 Denied. Signed by District Judge Gerald E. Rosen. (RGun) (Entered: 04/19/2011)
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April 19, 2011
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April 19, 2011
RECAP
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48
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JUDGMENT in favor of Defendants against Plaintiff Signed by District Judge Gerald E. Rosen. (RGun) (Entered: 04/19/2011)
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April 19, 2011
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April 19, 2011
PACER
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49
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NOTICE OF APPEAL by John Satawa. Receipt No: 0645-2969867 - Fee: $ 455 - Fee Status: Fee Paid. (Muise, Robert) (Entered: 05/09/2011)
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May 9, 2011
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May 9, 2011
PACER
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50
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Certificate of Service re 49 Notice of Appeal. (DSmi) (Entered: 05/09/2011)
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May 9, 2011
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May 9, 2011
PACER
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51
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BILL OF COSTS by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Service Fee Documentation, # 3 Exhibit B - Court Reporter Fee Documentation, # 4 Exhibit C - William C. Taylor Expert Wintess Fee Documentation, # 5 Exhibit D - John F. Wiechel Expert Witness Fee Documentation) (Aloia, Benjamin) (Entered: 05/13/2011)
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May 13, 2011
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May 13, 2011
PACER
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52
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CERTIFICATE OF SERVICE re 51 Bill of Costs, by All Defendants (Aloia, Benjamin) (Entered: 05/13/2011)
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May 13, 2011
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May 13, 2011
PACER
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53
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COSTS TAXED in the amount of $1,852.54 against plaintiff. (DPer) (Entered: 05/16/2011)
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May 16, 2011
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May 16, 2011
PACER
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54
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NOTICE of Change of Address/Contact Information by Robert J. Muise on behalf of John Satawa. (Muise, Robert) (Entered: 01/31/2012)
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Jan. 31, 2012
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Jan. 31, 2012
PACER
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55
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ORDER from U.S. Court of Appeals - Sixth Circuit re 49 Notice of Appeal filed by John Satawa - Disposition: granting motion to file amicus brief [Appeal Case Number 11-1612] (KKra) (Entered: 02/16/2012)
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Feb. 16, 2012
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Feb. 16, 2012
PACER
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56
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JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 49 Notice of Appeal filed by John Satawa - Disposition: The district court's grant of summary judgment is affirmed. It is further ordered that the district court's disposition of Satawa's free-speech and equal-protection claims is REVERSED and the case is REMANDED for further proceedings consistent with this opinion. [Appeal Case Number 11-1612] (KKra) (Entered: 08/02/2012)
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Aug. 1, 2012
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Aug. 1, 2012
PACER
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57
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MANDATE from U.S. Court of Appeals - Sixth Circuit as to 49 Notice of Appeal filed by John Satawa [Appeal Case Number 11-1612] (KKra) (Entered: 08/24/2012)
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Aug. 23, 2012
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Aug. 23, 2012
PACER
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58
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Emergency MOTION For Entry of Judgment and Injunction by John Satawa. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1--Declaration of Robert J. Muise) (Muise, Robert) (Entered: 10/18/2012)
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Oct. 18, 2012
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Oct. 18, 2012
PACER
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59
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RESPONSE to 58 Emergency MOTION For Entry of Judgment and Injunction filed by All Defendants. (Aloia, Benjamin) (Entered: 11/01/2012)
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Nov. 1, 2012
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Nov. 1, 2012
PACER
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60
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STIPULATION AND ORDER to Stay Proceedings pending Settlement Discussions Signed by District Judge Gerald E. Rosen. (SJa) (SJa). (Entered: 11/14/2012)
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Nov. 14, 2012
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Nov. 14, 2012
PACER
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61
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ORDER WITH STIPULATED MOTION to Extend Stay of Proceedings Pending Settlement Discussions Signed by District Judge Gerald E. Rosen. (JOwe) (Entered: 11/27/2012)
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Nov. 27, 2012
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Nov. 27, 2012
PACER
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62
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STIPULATION of Dismissal of Claims Against Defendant Fran Gillett in her individual capacity by Fran Gillett, Robert Hoepfner, Macomb County Road Commission, John Satawa (Muise, Robert) (Entered: 11/29/2012)
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Nov. 29, 2012
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Nov. 29, 2012
PACER
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Case Settled - Settlement Papers within 30 days (JOwe)
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Nov. 29, 2012
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Nov. 29, 2012
PACER
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63
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ORDER Granting 62 Stipulation of Dismissal of Claims Against Fran Gillett in Her Individual Capacity Signed by District Judge Gerald E. Rosen. (JOwe) (Entered: 12/03/2012)
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Dec. 3, 2012
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Dec. 3, 2012
PACER
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64
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NOTICE of Voluntary Dismissal by John Satawa (Muise, Robert) Modified on 1/2/2013 (KKra). [DOCUMENT IS A STIPULATION OF DISMISSAL] (Entered: 01/02/2013)
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Jan. 2, 2013
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Jan. 2, 2013
PACER
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65
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ORDER DISMISSING CASE re 64 Stipulation of Dismissal Signed by District Judge Gerald E. Rosen. (JOwe) (Entered: 01/03/2013)
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Jan. 3, 2013
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Jan. 3, 2013
PACER
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