Case: Bellant v. Snyder

2:17-cv-13887 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 1, 2017

Closed Date: Dec. 11, 2018

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Case Summary

This is a case about Michigan's emergency manager law, Public Act 436. The Act gave the state legislature power to appoint "Emergency Managers" for municipalities in financial emergencies. Emergency Managers had powers that were previously reserved for locally elected officials, not limited to financial decisions, and were exempted from certain local laws. Under this Act, broad discretion was given to the governor to appoint individuals for these positions. The Michigan legislature enacted Publ…

This is a case about Michigan's emergency manager law, Public Act 436. The Act gave the state legislature power to appoint "Emergency Managers" for municipalities in financial emergencies. Emergency Managers had powers that were previously reserved for locally elected officials, not limited to financial decisions, and were exempted from certain local laws. Under this Act, broad discretion was given to the governor to appoint individuals for these positions. The Michigan legislature enacted Public Act 436 after Michigan voters rejected a similar ballot provision.

In response, Michigan residents filed this complaint in the U.S. District Court for the Eastern District of Michigan on December 1, 2017. The plaintiffs sued a number of state officials, including the governor of Michigan, under 42 U.S.C. § 1983. Represented by the National Lawyers Guild, the Center for Constitutional Rights, and private counsel, the plaintiffs sought declaratory relief holding that Public Act 436 was in violation of the Equal Protection Clause of the Fourteenth Amendment. Plaintiffs alleged that the Act unlawfully took voting power away from local communities. They further alleged that the Act invidiously discriminated against predominantly African-American communities. The case was assigned to Judge George Caram Steeh.

On March 12, 2018, the Defendants filed a motion to dismiss. On September 5, 2018, the motion was granted in part and denied in part. The court dismissed claims by the majority of the plaintiffs on grounds of mootness and lack of standing. Plaintiffs also stipulated to the dismissal of two former state treasurers after they acknowledged that their claims against these treasurers were barred by the Eleventh Amendment. 338 F.Supp.3d 651.

Shortly after beginning discovery, the parties agreed to voluntarily dismiss the case without prejudice, meaning that the plaintiff could bring the case at a later time. The court dismissed the case on December 11, 2018, and the case is now closed.

Summary Authors

Elizabeth Heise (9/25/2018)

Hope Brinn (5/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6905970/parties/bellant-v-snyder/


Judge(s)
Attorney for Plaintiff

Arraf, Huwaida (Michigan)

Davis, Hugh M. Jr. (Michigan)

Goodman, William Harry (Michigan)

Heenan, Cynthia (Michigan)

Attorney for Defendant

Barton, Denise C. (Michigan)

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Documents in the Clearinghouse

Document

2:17-cv-13887

Docket

Dec. 11, 2018

Dec. 11, 2018

Docket
1

2:17-cv-13887

Complaint for Declaratory Relief

Dec. 1, 2017

Dec. 1, 2017

Complaint
27

2:17-cv-13887

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss [ECF NO. 11]

Sept. 5, 2018

Sept. 5, 2018

Order/Opinion
34

2:17-cv-13887

Stipulated Order of Dismissal Without Prejudice

May 19, 2020

May 19, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6905970/bellant-v-snyder/

Last updated Feb. 12, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory Relief filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645−6500395 − Fee: $ 400. County of 1st Plaintiff: Wayne − County Where Action Arose: Wayne − County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): USDC−Eastern District, 13−11370−GCS−RSW, Judge George Caram Steeh] (Heenan, Cynthia) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

2

SUMMONS Issued for *R. Kevin Clinton, Andrew Dillon, Nick Khouri, RICHARD D. SNYDER* (Krause, S) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

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 http://www.mied.uscourts.gov (Krause, S) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

3

WAIVER OF SERVICE Returned Executed. RICHARD D. SNYDER waiver sent on 12/27/2017, answer due 2/26/2018. (Barton, Denise) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

4

WAIVER OF SERVICE Returned Executed. Nick Khouri waiver sent on 12/15/2017, answer due 2/13/2018. (Heenan, Cynthia) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

5

WAIVER OF SERVICE Returned Executed. R. Kevin Clinton waiver sent on 12/19/2017, answer due 2/20/2018. (Heenan, Cynthia) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

6

WAIVER OF SERVICE Returned Executed. Andrew Dillon waiver sent on 1/11/2018, answer due 3/12/2018. (Heenan, Cynthia) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

8

ATTORNEY APPEARANCE: Denise C. Barton appearing on behalf of R. Kevin Clinton, Andrew Dillon, Nick Khouri, RICHARD D. SNYDER (Barton, Denise) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

9

NOTICE of Appearance by Michael F. Murphy on behalf of All Defendants. (Murphy, Michael) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

10

Ex Parte MOTION for Leave to File Excess Pages of Brief in Support of Motion to Dismiss by R. Kevin Clinton, Andrew Dillon, Nick Khouri, RICHARD D. SNYDER. (Barton, Denise) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

TEXT−ONLY ORDER Granting 10 Ex Parte MOTION for Leave to File Excess Pages of Brief in Support of Motion to Dismiss filed by RICHARD D. SNYDER, Andrew Dillon, R. Kevin Clinton, Nick Khouri. Entered by District Judge George Caram Steeh. (MBea) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

11

MOTION to Dismiss by R. Kevin Clinton, Andrew Dillon, Nick Khouri, RICHARD D. SNYDER. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Enrolled Senate Bill No. 865, # 3 Exhibit 2. Legislative Analysis Emergency Manager Law, # 4 Exhibit 3. Senate Bill Analysis 865) (Barton, Denise) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

12

NOTICE OF HEARING on 11 MOTION to Dismiss . Response due by 4/12/2018 Reply due by 5/3/2018 Motion Hearing set for 5/22/2018 10:00 AM before District Judge George Caram Steeh (MBea) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

13

ATTORNEY APPEARANCE: John C. Philo appearing on behalf of All Plaintiffs (Philo, John) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

14

NOTICE of Appearance by William H. Goodman on behalf of All Plaintiffs. (Goodman, William) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

15

NOTICE of Appearance by Julie H. Hurwitz on behalf of All Plaintiffs. (Hurwitz, Julie) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

16

NOTICE of Appearance by Huwaida Arraf on behalf of All Plaintiffs. (Arraf, Huwaida) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

17

NOTICE of Appearance by Herbert A. Sanders on behalf of All Plaintiffs. (Sanders, Herbert) (Entered: 03/25/2018)

March 25, 2018

March 25, 2018

18

STIPULATION AND ORDER extending deadlines re 11 MOTION to Dismiss Response due by 5/24/2018 , Reply due by 6/7/2018 , Motion Hearing reset for 6/27/2018 02:30 PM before District Judge George Caram Steeh Signed by District Judge George Caram Steeh. (MBea) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

19

File Excess Pages

May 24, 2018

May 24, 2018

PACER
20

Response to Motion

May 24, 2018

May 24, 2018

PACER
21

Response to Motion

2 Exhibit 1 - Wendy Baxter Decision

View on PACER

May 24, 2018

May 24, 2018

PACER
22

ORDER granting in part and denying in part 19 Ex Parte MOTION for Leave to File Excess Pages to Response to Defendants' Motion to Dismiss filed by William Kincaid, et al and STRIKING 21 plaintiffs' brief in Response to Motion : Motion Hearing reset for 7/18/18 at 2:30 PM Signed by District Judge George Caram Steeh. (MBea)

June 1, 2018

June 1, 2018

RECAP
23

Stipulation and Order

June 4, 2018

June 4, 2018

PACER
24

Response to Motion

1 Index of Exhibits

View on PACER

2 Exhibit 1 - Opinion of Hon. Wendy Baxter

View on PACER

3 Exhibit 2 - Legislative Record of Public Act 4 of 2011

View on PACER

4 Exhibit 3 - Email of Kevyn Orr dated 1/31/13

View on PACER

5 Exhibit 4 - Contract for Kevyn Orr as EM

View on PACER

6 Exhibit 5 - Legislative Record of Public Act 436 of 2012

View on PACER

7 Exhibit 6 - Fiscal Indicator Scores, MI Dept of Treasury, SOM

View on PACER

8 Exhibit 7 - Munetrix, Fiscal Indicator Scores

View on PACER

9 Exhibit 8 - Michigan Civil Rights Commission, The Flint Water Crisis: Systemic R

View on PACER

10 Exhibit 9 - Ecorse Receivership Exit letter

View on PACER

11 Exhibit 10 - Pontiac Receivership Exit letter

View on PACER

June 5, 2018

June 5, 2018

PACER
25

File Excess Pages

June 12, 2018

June 12, 2018

PACER
26

Reply to Response to Motion

June 14, 2018

June 14, 2018

PACER
27

ORDER granting in part and denying in part 11 defendants' Motion to Dismiss. Signed by District Judge George Caram Steeh (MBea)

Sept. 5, 2018

Sept. 5, 2018

RECAP
28

Answer to Complaint

Sept. 19, 2018

Sept. 19, 2018

PACER
29

Appear*

Sept. 21, 2018

Sept. 21, 2018

PACER
30

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Philo, John) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

Minute Entry for proceedings before District Judge George Caram Steeh: Scheduling Conference held on 10/25/2018 (MBea) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

31

Scheduling Order

Oct. 25, 2018

Oct. 25, 2018

PACER
32

Scheduling Order

Oct. 25, 2018

Oct. 25, 2018

PACER
33

Stipulation and Order

Nov. 15, 2018

Nov. 15, 2018

RECAP
34

Dismissing Case - Stipulated Order

Dec. 11, 2018

Dec. 11, 2018

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 1, 2017

Closing Date: Dec. 11, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of the state of Michigan

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Michigan, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Funding

Voting:

Voting: General & Misc.

Vote dilution

Discrimination-basis:

Race discrimination

Race:

Black