Case: Bassett v. Snyder

2:12-cv-10038 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 5, 2012

Closed Date: Feb. 25, 2015

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Case Summary

On January 5, 2012, several same-sex couples in long-term, committed relationships filed a lawsuit in the U.S. District Court for the Eastern District of Michigan against the State of Michigan. The plaintiffs, represented by the national and state ACLU and by private counsel, filed suit under 42 U.S.C. § 1983 and the Declaratory Judgment Act, claiming that Michigan Public Act 297 of 2011 (the "Public Employee Domestic Partner Benefit Restriction Act"), violated their rights under the Fourteenth Amendment. Specifically, plaintiffs alleged that "by stripping family health care benefits only from the committed same-sex domestic partners of certain gay and lesbian public employees within the State of Michigan while allowing public employees' other family members access to such benefits, and by preventing public employers from offering such benefits to employees' same-sex domestic partners in the future," the State was in violation of the equal protection clause and the substantive component of the due process clause. Plaintiffs sought declaratory and injunctive relief.

On March 2, 2012, the State moved to dismiss the complaint, and on March 7, the plaintiffs moved for a preliminary injunction. A hearing on both motions was held on August 7. Almost a year later, and following the Supreme Court's ruling in U.S. v. Windsor, the court granted in part and denied in part the defendant's motion to dismiss and granted the plaintiffs' motion for a preliminary injunction (2013 WL 3285111). The court dismissed the plaintiffs' due process claim, but allowed their equal protection claim to proceed. The preliminary injunction forbade enforcement of Michigan Public Act 297 while the litigation was ongoing.

In mid February 2014, both the State and the plaintiffs filed motions for summary judgment. The court [Judge David M. Lawson] granted the plaintiff's request for summary judgment on November 12, 2014, and granted a permanent injunction of the Michigan Public Act 297 of 2011.


2:12-cv-10038	U.S. District Court Eastern District of Michigan (Detroit) Civil Docket for Case #: 2:12-cv-10038-DML-MJH	Feb. 25, 2015	Feb. 25, 2015 Docket
9 2:12-cv-10038	First Amended Complaint	Feb. 17, 2012	Feb. 17, 2012 Complaint
18 2:12-cv-10038	Plaintiffs' Motion for Preliminary Injunction	March 7, 2012	March 7, 2012 Pleading / Motion / Brief
67 2:12-cv-10038	Motion Hearing	Aug. 13, 2012	Aug. 13, 2012 Transcript
68 2:12-cv-10038	Defendant's Supplemental Brief Scope of Injunctive Relief	Aug. 21, 2012	Aug. 21, 2012 Pleading / Motion / Brief
69 2:12-cv-10038	Plaintiffs' Supplemental Brief on the Appropriate Scope of Injunctive Relief	Aug. 21, 2012	Aug. 21, 2012 Pleading / Motion / Brief
75 2:12-cv-10038	Opinion and Order Granting In Part and Denying In Part Defendant's Motion to Dismiss and Granting Plaintiff's Motion for Preliminary Injunction	June 28, 2013	June 28, 2013 Order/Opinion 951 F.Supp.2d 939
84 2:12-cv-10038	Defendant's Motion for Summary Judgment	Feb. 14, 2014	Feb. 14, 2014 Pleading / Motion / Brief
88 2:12-cv-10038	Plaintiff's Motion for Summary Judgment	Feb. 17, 2014	Feb. 17, 2014 Pleading / Motion / Brief
103 2:12-cv-10038	Opinion and and Order Granting Plaintiffs' Motion for Summary Judgment, Denying Defendant's Motion for Summary Judgment, and Granting Permanent Injunction	Nov. 12, 2014	Nov. 12, 2014 Order/Opinion 59 F.Supp.3d 837

ECF Number	Date	Description	Link
1	Jan. 5, 2012	COMPLAINT filed by All Plaintiffs against All Plaintiffs. Plaintiff requests summons issued. Receipt No: 0645-3323908 - Fee: $ 350. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Steinberg, Michael) (Entered: 01/05/2012) 1 Index of Exhibits View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Exhibit D View on RECAP	RECAP
2	Jan. 9, 2012	SUMMONS Issued for Richard Snyder (KKra) (Entered: 01/09/2012)	RECAP
3	Jan. 9, 2012	NOTICE of Appearance by Amanda C. Goad - NOT SWORN on behalf of All Plaintiffs. (Goad - NOT SWORN, Amanda) (Entered: 01/09/2012)	RECAP
	Jan. 9, 2012	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 (KKra)
4	Jan. 11, 2012	NOTICE of Appearance by John A. Knight - NOT SWORN on behalf of All Plaintiffs. (Knight - NOT SWORN, John) (Entered: 01/11/2012)	RECAP
5	Jan. 16, 2012	CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Steinberg, Michael) (Entered: 01/16/2012)	RECAP
6	Jan. 20, 2012	NOTICE of Appearance by Mark E. Donnelly on behalf of Richard Snyder. (Donnelly, Mark) (Entered: 01/20/2012)	RECAP
7	Jan. 20, 2012	NOTICE of Appearance by Margaret A. Nelson on behalf of Richard Snyder. (Nelson, Margaret) (Entered: 01/20/2012)	RECAP
8	Feb. 3, 2012	ORDER to Extend Time to file an answer or other responsive pleading to 1 Complaint filed by Doak Bloss, Joe Breakey, Theresa Bassett, Gerardo Ascheri, Barbara Ramber, Carol Kennedy, Jolinda Jach, Peter Ways. Response due by 3/2/2012 Signed by District Judge David M. Lawson. (DTof) (Entered: 02/03/2012)	RECAP
9	Feb. 17, 2012	AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Steinberg, Michael) (Entered: 02/17/2012)	RECAP
10	Feb. 22, 2012	ATTORNEY APPEARANCE: Amy E. Crawford - NOT SWORN appearing on behalf of All Plaintiffs (Crawford - NOT SWORN, Amy) (Entered: 02/22/2012)	RECAP
11	Feb. 22, 2012	ATTORNEY APPEARANCE: Donna M. Welch appearing on behalf of All Plaintiffs (Welch, Donna) (Entered: 02/22/2012)	RECAP
12	Feb. 22, 2012	ATTORNEY APPEARANCE: Bradley H. Weidenhammer - NOT SWORN appearing on behalf of All Plaintiffs (Weidenhammer - NOT SWORN, Bradley) (Entered: 02/22/2012)	RECAP
13	Feb. 29, 2012	NOTICE TO APPEAR: Status Conference set for 3/8/2012 02:00 PM before District Judge David M. Lawson (DTof) (Entered: 02/29/2012)	RECAP
14	Feb. 29, 2012	NOTICE TO APPEAR: Scheduling Conference set for 3/8/2012 02:00 PM before District Judge David M. Lawson See notice for further information, conference is a status and scheduling conference (DTof) (Entered: 02/29/2012)	RECAP
15	March 2, 2012	MOTION to Dismiss and Brief in Support by Richard Snyder. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1A-D -legislative analyses of PA 297, # 3 Exhibit 2 - Ann Arbor News article, # 4 Exhibit 3 - Detroit News article) (Nelson, Margaret) (Entered: 03/02/2012) 1 Index of Exhibits View on PACER 2 Exhibit 1A-D -legislative analyses of PA 297 View on PACER 3 Exhibit 2 - Ann Arbor News article View on PACER 4 Exhibit 3 - Detroit News article View on PACER	RECAP
16	March 2, 2012	MOTION for Leave to File Excess Pages by Richard Snyder. (Nelson, Margaret) Modified on 3/5/2012 (DTyl). [EX PARTE MOTION TO EXCEED PAGE LIMIT] (Entered: 03/02/2012)	RECAP
17	March 5, 2012	Amended MOTION to Dismiss with Brief in support by Richard Snyder. (Nelson, Margaret) Modified on 3/6/2012 (DTyl). [CORRECTED MOTION TO DISMISS] (Entered: 03/05/2012)	RECAP
18	March 7, 2012	MOTION for Preliminary Injunction by Gerardo Ascheri, Theresa Bassett, Doak Bloss, Joe Breakey, Jolinda Jach, Michelle Johnson, Carol Kennedy, Denise Miller, Barbara Ramber, Peter Ways. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Benefit Restriction Act, # 3 Exhibit B - Kalamazoo Criteria, # 4 Exhibit C - AAPS Fact Sheet, # 5 Exhibit D - Ingham Cty Criteria, # 6 Exhibit E - KVCC Household Member Program, # 7 Exhibit F - AG Op No. 7171, # 8 Exhibit G-1 through 13 - Articles, # 9 Exhibit H - Schuette v. MCSC) (Steinberg, Michael) Modified on 3/8/2012 (DTyl). [EXHIBITS CONTINUED IN DOCKET ENTRY # 21] (Entered: 03/07/2012) 1 Index of Exhibits View on RECAP 2 Exhibit A - Benefit Restriction Act View on RECAP 3 Exhibit B - Kalamazoo Criteria View on RECAP 4 Exhibit C - AAPS Fact Sheet View on RECAP 5 Exhibit D - Ingham Cty Criteria View on RECAP 6 Exhibit E - KVCC Household Member Program View on RECAP 7 Exhibit F - AG Op No. 7171 View on RECAP 8 Exhibit G-1 through 13 - Articles View on RECAP 9 Exhibit H - Schuette v. MCSC View on RECAP	RECAP
19	March 7, 2012	DECLARATION by Jay D. Kaplan re 18 MOTION for Preliminary Injunction filed by All Plaintiffs (Steinberg, Michael) (Entered: 03/07/2012)	RECAP
20	March 7, 2012	MOTION for Leave to File Excess Pages by All Plaintiffs. (Steinberg, Michael) (Entered: 03/07/2012)	RECAP
21	March 8, 2012	EXHIBIT re 18 MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Exhibit J - Snyder Letter, # 2 Exhibit K - Senate Analysis, # 3 Exhibit L - Budget Office Report, # 4 Exhibit M - House Briefer, # 5 Exhibit N - AAPS Personnel Expenditures, # 6 Exhibit O - Dollars and Sense, # 7 Exhibit P - USAG Letter, # 8 Exhibit Q - Williams Inst Memo, # 9 Exhibit R - Mich Crime Report, # 10 Exhibit S - Crime Report, # 11 Exhibit T-1 through T10, Declarations, # 12 Exhibit U - Badgett Declaration, # 13 Exhibit V-1 through V-2B, Declarations, AAPS Fact Sheet, Resolution) (Steinberg, Michael) (Entered: 03/08/2012) 1 Exhibit J - Snyder Letter View on RECAP 2 Exhibit K - Senate Analysis View on RECAP 3 Exhibit L - Budget Office Report View on RECAP 4 Exhibit M - House Briefer View on RECAP 5 Exhibit N - AAPS Personnel Expenditures View on RECAP 6 Exhibit O - Dollars and Sense View on RECAP 7 Exhibit P - USAG Letter View on RECAP 8 Exhibit Q - Williams Inst Memo View on RECAP 9 Exhibit R - Mich Crime Report View on RECAP 10 Exhibit S - Crime Report View on RECAP 11 Exhibit T-1 through T10, Declarations View on PACER 12 Exhibit U - Badgett Declaration View on PACER 13 Exhibit V-1 through V-2B, Declarations, AAPS Fact Sheet, Resolution View on PACER	RECAP
22	March 8, 2012	CERTIFICATE OF SERVICE re 19 Declaration, 20 MOTION for Leave to File Excess Pages by All Plaintiffs (Steinberg, Michael) (Entered: 03/08/2012)	RECAP
23	March 8, 2012	NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael)[FILING ERROR: DOCUMENT IS AN APPEARACNCE FOR JAY KAPLAN] Modified on 3/8/2012 (DPer). (Entered: 03/08/2012)	RECAP
24	March 8, 2012	NOTICE of Appearance by Jay Kaplan on behalf of All Plaintiffs. (Kaplan, Jay) (Entered: 03/08/2012)	RECAP
25	March 8, 2012	ORDER granting 16 Motion for Leave to File Excess Pages. Signed by District Judge David M. Lawson. (DTof) (Entered: 03/08/2012)	RECAP
	March 8, 2012	Minute Entry - Scheduling/Status Conference held on 3/8/2012 before District Judge David M. Lawson. (DTof)
26	March 9, 2012	PRELIMINARY CASE MANAGEMENT AND SCHEDULING ORDER:( Discovery related to the motions in this case due by 5/15/2012), Set Motion and R&R Deadlines/Hearings as to 15 MOTION to Dismiss and Brief in Support, 17 Amended MOTION to Dismiss with Brief in support, 18 MOTION for Preliminary Injunction :( Responses due by 5/29/2012, Replies due by 6/12/2012, Motion Hearing set for 6/29/2012 02:30 PM before District Judge David M. Lawson) Signed by District Judge David M. Lawson. (Refer to image for additional dates) (DTof) (Entered: 03/09/2012)	RECAP
27	March 12, 2012	ORDER granting 20 Motion for Leave to File Excess Pages. Signed by District Judge David M. Lawson. (DTof) (Entered: 03/12/2012)	RECAP
28	March 22, 2012	ANSWER to Amended Complaint with Affirmative Defenses by Richard Snyder. (Nelson, Margaret) (Entered: 03/22/2012)	RECAP
29	March 27, 2012	MOTION to Reschedule Hearing Date by All Plaintiffs. (Attachments: # 1 Declaration of John A. Knight in Support of Motion) (Goad - NOT SWORN, Amanda) (Entered: 03/27/2012) 1 Declaration of John A. Knight in Support of Motion View on PACER	RECAP
30	March 30, 2012	ORDER granting 29 Motion to Reschedule Motion Hearing. Signed by District Judge David M. Lawson. (DTof) (Entered: 03/30/2012)	RECAP
31	March 30, 2012	NOTICE of hearing on 15 MOTION to Dismiss and Brief in Support, 17 Amended MOTION to Dismiss with Brief in support, 18 MOTION for Preliminary Injunction. Motion Hearing RESET for 8/7/2012 01:30 PM before District Judge David M. Lawson (DTof) (Entered: 03/30/2012)	RECAP
32	April 2, 2012	MOTION for Leave to File an Amicus Curiae Brief in support of Plaintiffs' case and their Motion for Preliminary Injunction on behalf of Michigan Pride At Work, The Service Employees International Union-Lavender Caucus, Communication Workers Of America-Committee On Equity And Civil Rights, Labor Council For Latin American Advancement-Lansing And The Sugar Law Center For Economic And Social Justice. (DWor) (Entered: 04/04/2012)	RECAP
33	April 10, 2012	STIPULATED ORDER Setting Time to Respond to Discovery. Signed by District Judge David M. Lawson. (DTof) (Entered: 04/10/2012)	RECAP
34	May 4, 2012	STIPULATED ORDER Amending Preliminary Case Management Order ( Discovery due by 5/29/2012), Set Motion and R&R Deadlines/Hearings as to 15 MOTION to Dismiss and Brief in Support, 17 Amended MOTION to Dismiss with Brief in support, 18 MOTION for Preliminary Injunction :( Responses due by 6/12/2012, Replies due by 7/3/2012) Signed by District Judge David M. Lawson. (DTof) (Entered: 05/04/2012)	RECAP
35	May 4, 2012	ORDER granting 32 Motion for Leave to File Amicus Curiae Brief. Signed by District Judge David M. Lawson. (DTof) (Entered: 05/04/2012)	RECAP
36	May 25, 2012	MOTION Motion to Compel by All Plaintiffs. (Crawford - NOT SWORN, Amy) (Entered: 05/25/2012)	RECAP
37	May 25, 2012	DECLARATION by Amy E. Crawford re 36 MOTION Motion to Compel filed by All Plaintiffs (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2) (Crawford - NOT SWORN, Amy) (Entered: 05/25/2012) 1 Exhibit Exhibit 1 View on PACER 2 Exhibit Exhibit 2 View on PACER	RECAP
38	June 8, 2012	MOTION for Leave to File by All Plaintiffs. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2.A, # 3 Exhibit Ex. 2.B, # 4 Exhibit Ex. 2.C - 2.L, # 5 Exhibit Ex. 3.A, # 6 Exhibit Ex. 3.B Part 1, # 7 Exhibit Ex. 3.B Part 2, # 8 Exhibit Ex. 3.B Part 3, # 9 Exhibit Ex. 3.B Part 4, # 10 Exhibit Ex. 3.B Part 5, # 11 Exhibit Ex. 3.B Part 6, # 12 Exhibit Ex. 3.B Part 7, # 13 Exhibit Ex. 3.B Part 8, # 14 Exhibit Ex. 3.B Part 9, # 15 Exhibit Ex. 3.B Part 10, # 16 Exhibit Ex. 3.B Part 11, # 17 Exhibit Ex. 3.B Part 12, # 18 Exhibit Ex. 3.B Part 13, # 19 Exhibit Ex. 3.B Part 14, # 20 Exhibit Ex. 3.B Part 15, # 21 Exhibit Ex. 3.B Part 16, # 22 Exhibit Ex. 3.B Part 17, # 23 Exhibit Ex. 3.C, # 24 Exhibit Ex. 3.D, # 25 Exhibit Ex. 3.E, # 26 Exhibit Ex. 3.F, # 27 Exhibit Ex. 3.G) (Crawford - NOT SWORN, Amy) Modified on 6/11/2012 (DTyl). [EX.2.B IS DUPLICATE OF EX.2.A AND ATTORNEY TO FILE EX. 2.B] (Entered: 06/08/2012) 1 Exhibit Ex. 1 View on PACER 2 Exhibit Ex. 2.A View on PACER 3 Exhibit Ex. 2.B View on PACER 4 Exhibit Ex. 2.C - 2.L View on PACER 5 Exhibit Ex. 3.A View on PACER 6 Exhibit Ex. 3.B Part 1 View on PACER 7 Exhibit Ex. 3.B Part 2 View on PACER 8 Exhibit Ex. 3.B Part 3 View on PACER 9 Exhibit Ex. 3.B Part 4 View on PACER 10 Exhibit Ex. 3.B Part 5 View on PACER 11 Exhibit Ex. 3.B Part 6 View on PACER 12 Exhibit Ex. 3.B Part 7 View on PACER 13 Exhibit Ex. 3.B Part 8 View on PACER 14 Exhibit Ex. 3.B Part 9 View on PACER 15 Exhibit Ex. 3.B Part 10 View on PACER 16 Exhibit Ex. 3.B Part 11 View on PACER 17 Exhibit Ex. 3.B Part 12 View on PACER 18 Exhibit Ex. 3.B Part 13 View on PACER 19 Exhibit Ex. 3.B Part 14 View on PACER 20 Exhibit Ex. 3.B Part 15 View on PACER 21 Exhibit Ex. 3.B Part 16 View on PACER 22 Exhibit Ex. 3.B Part 17 View on PACER 23 Exhibit Ex. 3.C View on PACER 24 Exhibit Ex. 3.D View on PACER 25 Exhibit Ex. 3.E View on PACER 26 Exhibit Ex. 3.F View on PACER 27 Exhibit Ex. 3.G View on PACER	RECAP

Case: Bassett v. Snyder

2:12-cv-10038 | U.S. District Court for the Eastern District of Michigan

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