King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
No. 70 at Pg ID 69; ECF No. 72 at Pg ID 3434;
ECF No. 73 at Pg ID 3545.) Plaintiffs' response to
Davis' sanctions motion was due on January 5,
2021, and their responses to the motions to
dismiss were due on January 12. See E.D. Mich.
LR 7.1(e).
6 The Supreme Court eventually denied the
petition on February 22, 2021. (See ECF
No. 114 and accompanying docket entry
text.)
7 The City further explained in this motion
that it “intends to file a Motion for Rule 11
sanctions (after the safe harbor expires).”
(ECF No. 73 at Pg ID 3558 n.17.)
On January 3, Plaintiffs filed a motion seeking an
extension of time (until January 19) to respond to
Davis' sanctions motion, citing counsel's current
assignments and the need for more time to prepare
a response. (ECF No. 74 at Pg ID 3598.) The
Court granted Plaintiffs' request. (ECF No. 76.)
On January 12, Plaintiffs sought an extension of
time (also until January 19) to respond to the
pending motions to dismiss, again citing the need
for more time to research the claims advanced in
the motions. (ECF No. 82.) The Court granted this
request, as well.
On January 14, Plaintiffs filed what was docketed
as a response to all three pending motions to
dismiss, but the single response brief addressed
only the § 1927 sanctions requested in the City's
motion to dismiss. (ECF No. 85.) On the same
day, Plaintiffs filed notices voluntarily dismissing
this case as to Defendants (ECF Nos. 86, 88, 90),
the City (ECF No. 87), and the DNC/MDP (ECF
Nos. 89, 91). Plaintiffs moved to voluntarily
dismiss Davis a few days later. (ECF No. 92.) On
January 26, 2021, the parties stipulated to the
dismissal of the matter on appeal. (See ECF No.
101.)
In the meantime, on January 5, the City filed a
Rule 11 “Motion for Sanctions, for Disciplinary
Action, for Disbarment Referral and for Referral
to State Bar Disciplinary Bodies.” (ECF No. 78.)
On January 28, Governor Whitmer and Secretary
of State Benson (hereafter “the State Defendants”)
filed a “Motion for Sanctions Under 28 U.S.C. §
1927.” (ECF No. 105.) All sanctions motionsincluding Davis'-were fully briefed thereafter.
On June 8, the Court scheduled a motions hearing
for July 6 and, on June 17 ordered “[e]ach attorney
whose name appears on any of Plaintiffs'
pleadings or briefs” to “be present.” (ECF No.
123.) On June 28, Plaintiffs sought to adjourn the
hearing due to Junttila's planned vacation (ECF
No. 126), a request the opposing parties (except
Davis) did not contest (ECF No. 126 at Pg ID
5201). The Court granted the request and
eventually the hearing was scheduled for July 12.
(ECF No. 147.) Prior to the hearing, Plaintiffs'
attorneys (except Junttila) retained counsel to
represent them.8 (ECF Nos. 127-140, 148.)
8 During the July 12 hearing, Donald D.
Campbell and Patrick McGlinn represented
Hagerstrom, Haller, Johnson, Rohl, Wood,
Kleinhendler, and Powell, while Thomas
M. Buchanan represented Newman. By the
time post-hearing supplemental briefs were
filed, Wood and Newman had obtained
new counsel. (See ECF No. 154, 158.)
The Court conducted an almost six-hour virtual
hearing on July 12. At the beginning of the
hearing, the Court explained that each question
was directed to all attorneys and, if no other
attorney commented or added to the initial
response to a question, the Court would find that
all other attorneys agreed with the answer placed
on the record. (ECF No. 157 at Pg ID 5314.) At
the end of the hearing, the Court indicated that the
attorneys could file supplemental briefs and
supporting affidavits (id. at Pg ID 5424, 5506-07,
5513, 5515, 5517), and thereafter entered an order
setting deadlines for those briefs (see ECF No.
150). Supplemental briefs were subsequently filed
(ECF Nos. 161-62, 164-65), as were responses
thereto (ECF Nos. 166-171). No attorney filed an
affidavit.
5
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