King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
further explained, “[t]hat changed things, and
[then] the Supreme Court's determination did have
life.” (Id.)
clearly informing Plaintiffs and their counsel that
their legal claims were weak and lacked factual
support.
In other words, Plaintiffs' attorneys maintain that
this lawsuit was no longer moot after December
14 because three Plaintiffs subjectively believed
that they had become electors. The attorneys cite
no authority supporting the notion that an
individual's “[personal] opinion” that he or she is
an elector is sufficient to support the legal position
that the individual is in fact an elector. Of course,
such a belief is contrary to how electors are
appointed in Michigan. See Mich. Comp. Laws §
168.42. In any event, Plaintiffs' attorneys fail to
provide a rational explanation for why this event
breathed life into this action. Moreover, prior to
the July 12 hearing, Plaintiffs never told anyone
about this newly-formed subjective belief. They
did not tell this Court that the case would no
longer be moot after December 8, despite telling
this Court the exact opposite when filing this
lawsuit on November 25. And they did not tell the
Supreme Court that the case would no longer be
moot after December 14, despite telling that Court
the exact opposite on December 11. The fact that
it was never shared suggests that counsel's
argument as to why the case had to be pursued
after December 14 is contrived.
Second, Plaintiffs' counsel contend that they
“moved as expeditiously as possible from the
outset through the termination of this proceeding”
and “had not injected new legal claims or evidence
after this Court's December 7, 2020[] Order
denying the TRO Motion.” (ECF No. 85 at Pg ID
3893-94; ECF No. 112 at Pg ID 4625.) Even if
true, it misses the point as to why counsel
unreasonably and vexatiously multiplied the
proceedings. “[I]f events that occur subsequent to
the filing of a lawsuit . . . deprive the court of the
ability to give meaningful relief, then the case is
moot and must be dismissed.” Sullivan v.
Benningfield, 920 F.3d 401, 410 (6th Cir. 2019)
(quoting Ailor v. City of Maynardville, 368 F.3d
587, 596 (6th Cir. 2004)). Here, Plaintiffs
conceded that their claims were moot after
December 14. Yet, in the month that followed,
Plaintiffs refused to voluntarily dismiss their
claims, forcing Defendants to file their motions to
dismiss and the Court to decide Plaintiffs' motion
for additional time to respond to the motions to
dismiss, which Plaintiffs ultimately did not do.27
Plaintiffs' attorneys proffer several additional
unpersuasive arguments. First, citing Beverly v.
Shermetta Legal Grp., No. 2:19-CV-11473, 2020
WL 2556674 (E.D. Mich. May 20, 2020), they
argue that the act of filing the initial complaint is
not enough to warrant sanctions under § 1927.
(ECF No. 85 at Pg ID 3887, 3890, 3894; ECF No.
93 at Pg ID 4071; ECF No. 112 at Pg. ID 4609,
462526; ECF No. 161 at Pg ID 5808-09; ECF No.
165 at Pg ID 6572.) This argument misses the crux
of opposing counsel's argument for § 1927
sanctions, which is that Plaintiffs' counsel
multiplied proceedings by failing to dismiss the
case when their claims became moot on December
14 (if not earlier) and by pursuing their legal
claims even after the Court issued its opinion
In the end, Plaintiffs' attorneys prolonged the
inevitable and “caused both [the State Defendants
and Intervenor-Defendants] and the [C]ourt to
waste resources” in the meantime. Morris v. City
of Detroit Water & Sewage Dep't, 20 Fed.Appx.
466, 468 (6th Cir. 2001); see also Andretti v. Borla
Performance Indus., Inc., 426 F.3d 824, 835 (6th
Cir. 2005) (affirming impositions of sanctions
where attorney “refus[ed] to voluntarily dismiss
the count and forc[ed] [opposing counsel] to
pursue a dispositive motion in order to have the
claim dismissed”); Davis v. Detroit Downtown
Dev. Auth., 782 Fed.Appx. 455, 458 (6th Cir.
2019).
27 Notably when the State Defendants sought
concurrence in their Motion to Dismiss on
December 22 (ECF No. 105-3 at Pg ID
4432), Plaintiffs' counsel responded that
21
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