Daniels v. University of Michigan et al
| Michigan Eastern District Court | |
| Judge: | Sean F Cox |
| Referred: | David R Grand |
| Case #: | 2:24-cv-11686 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1983 Civil Rights (Employment Discrimination) |
| Case Filed: | Jun 28, 2024 |
| Terminated: | Feb 10, 2025 |
| Last checked: Wednesday Dec 25, 2024 5:50 AM EST |
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Defendant
Maureen Burke
Office of the Vice President and Secretary 1109 Geddes Ave Suite 3300
Ann Arbor, MI 48109 |
Represented By
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Defendant
David Gier
Office of the Vice President and Secretary 1109 Geddes Ave Suite 3300
Ann Arbor, MI 48109 |
Represented By
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Defendant
Gloria A. Hage
Office of the Vice President and Secretary 1109 Geddes Ave Suite 3300
Ann Arbor, MI 48109 |
Represented By
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Defendant
Andrew Lipian
614 Garford Ave
Elyria, OH 44035 |
Represented By
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Defendant
Martin Philbert
2 Joss Way
Millington, NJ 07946 |
Represented By
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Defendant
Margie Pillsbury
Office of the Vice President and Secretary 1109 Geddes Ave Suite 3300
Ann Arbor, MI 48109 |
Represented By
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Defendant
Mark Schlissel
Office of the Vice President and Secretary 1109 Geddes Ave Suite 3300
Ann Arbor, MI 48109 |
Represented By
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Defendant
Elizabeth Seney
Office of the Vice President and Secretary 1109 Geddes Ave Suite 3300
Ann Arbor, MI 48109 |
Represented By
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Defendant
University of Michigan
Office of VP and Secretary 1109 Geddes Ave Suite 3300 Ann Arbor
Ann Arbor, MI 48109 |
Represented By
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Defendant
University of Michigan Board of Regents
Office of the VP and Secretary 1109 Geddes Ave Suite 3300
Ann Arbor, MI 48109 |
Represented By
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Plaintiff
David Daniels
1333 Orkney Dr
Ann Arbor, MI 48103 |
Represented By
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GPO
Feb 10 2025
OPINION AND ORDER Granting in Part and Denying in Part 31 Motion; Denying 32 Motion. Signed by District Judge Sean F. Cox. (EVra) |
| Docket last updated: 2 hours ago |
| Monday, April 21, 2025 | ||
| 46 | 46
misc
Transcript
Mon 04/21 1:32 PM
TRANSCRIPT of Motion Hearing held on 01/16/2025. (Court Reporter/Transcriber: April Kurtz) (Number of Pages: 34) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/12/2025. Redacted Transcript Deadline set for 5/22/2025. Release of Transcript Restriction set for 7/21/2025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Kurtz, April) |
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| Tuesday, February 18, 2025 | ||
| 45 | 45
appeal
Certificate of Service of Notice of Appeal - 6th Circuit*
Tue 02/18 8:27 AM
Certificate of Service re44 Notice of Appeal. (LHam) |
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| Friday, February 14, 2025 | ||
| 44 | 44
appeal
Notice of Appeal - 6th Circuit
Fri 02/14 4:10 PM
NOTICE OF APPEAL by David Daniels re43 Judgment,42 Order on Motion to Dismiss,. Receipt No: AMIEDC-10120041 - Fee: $ 605 - Fee Status: Fee Paid. (Stacey, Francyne) |
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| Monday, February 10, 2025 | ||
| 43 | 43
order
Judgment*
Mon 02/10 3:23 PM
JUDGMENT Signed by District Judge Sean F. Cox. (EVra) |
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| 42 | 42
6
pgs
order
Order on Motion to Dismiss
Mon 02/10 3:16 PM
OPINION AND ORDER Granting in Part and Denying in Part31 Motion; Denying32 Motion. Signed by District Judge Sean F. Cox. (EVra) |
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| Thursday, January 16, 2025 | ||
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minutes
Motion Hearing
Thu 01/16 4:23 PM
Minute Entry for in-person proceedings before District Judge Sean F. Cox: Motion Hearing held on 1/16/2025 re32 MOTION,31 MOTION. Disposition: Motion taken under advisement (Court Reporter: April Kurtz) (EVra) |
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| Tuesday, January 14, 2025 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Tue 01/14 12:36 PM
Set/Reset Deadlines as to31 MOTION,32 MOTION. Motion Hearing set for 1/16/2025 03:30 PM (TIME CHANGE) before District Judge Sean F. Cox (EVra) |
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| Monday, December 23, 2024 | ||
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order
Text-Only Order
Mon 12/23 11:06 AM
TEXT-ONLY ORDER GRANTING40 MOTION for Leave to File Excess Pages filed by Andrew Lipian. Signed by District Judge Sean F. Cox. (EVra) |
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| Friday, December 20, 2024 | ||
| 41 | 41
respm
Reply to Response to Motion
Fri 12/20 4:57 PM
REPLY to Response re32 MOTION to Dismiss Plaintiff's Amended Complaint filed by Andrew Lipian. (Gordon, Deborah) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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| 40 | 40
motion
File Excess Pages
Fri 12/20 4:54 PM
MOTION for Leave to File Excess Pages by Andrew Lipian. (Gordon, Deborah) |
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| Thursday, November 14, 2024 | ||
| 39 | 39
respm
Response to Motion
Thu 11/14 12:42 PM
RESPONSE to32 MOTION to Dismiss Plaintiff's Amended Complaint filed by David Daniels. (Stacey, Francyne) |
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Att: 1
Index of Exhibits Index of Exhibits,
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Att: 2
Exhibit Plaintiff's Amended Complaint,
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Att: 3
Exhibit Timeline,
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Att: 4
Exhibit Text Messages,
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Att: 5
Exhibit Excerpts Lipian Deposition,
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Att: 6
Exhibit Encrypted Email,
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Att: 7
Exhibit Motion for Protective Order,
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Att: 8
Exhibit Motion to Compel,
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Att: 9
Exhibit Response by Nonparty,
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Att: 10
Exhibit Wershe v City of Detroit,
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Att: 11
Exhibit Letter from Edward Hood,
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Att: 12
Exhibit Memo to SACUA,
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Att: 13
Exhibit SACUA Transcript,
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Att: 14
Exhibit Affidavit Hennessy,
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Att: 15
Exhibit Affidavit Shea,
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Att: 16
Exhibit Case Docket Sheets,
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Att: 17
Exhibit New Albany Tractor, Inc v Louisville,
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Att: 18
Exhibit Multi Holsters, LLC v Tac Pro, Inc.,
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Att: 19
Exhibit Keene v Rossi,
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Att: 20
Exhibit Sawyer v Michigan State Police
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| Thursday, October 24, 2024 | ||
| 38 | 38
notice
Hearing on Motion*
Thu 10/24 4:23 PM
NOTICE OF IN PERSON HEARING on31 MOTION to Dismiss First Amended Complaint Pursuant to F.R.Civ.P. 12(B)(1) and (6) and32 MOTION to Dismiss Plaintiff's Amended Complaint. Motion Hearing set for 1/16/2025 02:00 PM before District Judge Sean F. Cox (JMcC) |
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| 37 | 37
respm
Reply to Response to Motion
Thu 10/24 11:14 AM
REPLY to Response re31 MOTION to Dismiss First Amended Complaint Pursuant to F.R.Civ.P. 12(B)(1) and (6) filed by Maureen Burke, David Gier, Gloria A. Hage, Martin Philbert, Margie Pillsbury, Mark Schlissel, Elizabeth Seney, University of Michigan, University of Michigan Board of Regents. (Tukel, Daniel) |
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| 36 | 36
minutes
~Util - Set Motion and R&R Deadlines/Hearings Stipulation and Order
Thu 10/24 10:42 AM
STIPULATION AND ORDER Extending Time to Respond re32 MOTION to Dismiss Plaintiff's Amended Complaint. ( Response due by 11/15/2024 , Reply due by 12/20/2024 ) Signed by District Judge Sean F. Cox. (JMcC) |
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| Friday, October 18, 2024 | ||
| 35 | 35
respm
Response to Motion
Fri 10/18 3:25 PM
RESPONSE to31 MOTION to Dismiss First Amended Complaint Pursuant to F.R.Civ.P. 12(B)(1) and (6) filed by David Daniels. (Stacey, Francyne) |
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Att: 1
Exhibit Exhibits in support of Daniels Response to Motion To Dismiss
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| Tuesday, October 15, 2024 | ||
| 34 | 34
minutes
~Util - Set Motion and R&R Deadlines/Hearings Stipulation and Order
Tue 10/15 2:58 PM
STIPULATION AND ORDER Extending Time to Respond and Reply to32 MOTION to Dismiss Plaintiff's Amended Complaint. ( Response due by 11/8/2024 , Reply due by 12/13/2024 ) Signed by District Judge Sean F. Cox. (JMcC) |
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| Friday, October 11, 2024 | ||
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order
Text-Only Order
Fri 10/11 10:58 AM
TEXT-ONLY ORDER STRIKING33 Stipulation filed by David Daniels. Pursuant to R12 of the Electronic Filing Policies and Procedures a proposed stipulation and proposed order must be submitted as a Word or WordPerfect Document via the link under the Utilities section of CM/ECF. The stipulation and proposed order at issue is not in compliance with the rule. Signed by District Judge Sean F. Cox. (JMcC) |
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| Tuesday, October 08, 2024 | ||
| 33 | 33
misc
Stipulation
Tue 10/08 11:09 AM
STIPULATION by David Daniels (Stacey, Francyne) |
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| Friday, September 27, 2024 | ||
| 32 | 32
motion
Dismiss
Fri 09/27 2:35 PM
MOTION to Dismiss Plaintiff's Amended Complaint by Andrew Lipian. (Gordon, Deborah) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit,
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Att: 3
Exhibit
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| Thursday, September 12, 2024 | ||
| 31 | 31
motion
Dismiss
Thu 09/12 3:45 PM
MOTION to Dismiss First Amended Complaint Pursuant to F.R.Civ.P. 12(B)(1) and (6) by Maureen Burke, David Gier, Gloria A. Hage, Martin Philbert, Margie Pillsbury, Mark Schlissel, Elizabeth Seney, University of Michigan, University of Michigan Board of Regents. (Tukel, Daniel) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A, 4/19/2019 Memo to President initiating dismissal process,
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Att: 3
Exhibit B, 5/10/2019 Charge Letter,
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Att: 4
Exhibit C, TPP Hearing Committee report and recommendation to dismiss,
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Att: 5
Exhibit D, SACUA Review Committee report and recommendation to dismiss,
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Att: 6
Exhibit E, President's recommendation to dismiss,
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Att: 7
Exhibit F, Wershe v. City of Detroit,
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Att: 8
Exhibit G, Mlive article,
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Att: 9
Exhibit H, Texas criminal court docket sheet,
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Att: 10
Exhibit I, Messeri v. University of Colorado,
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Att: 11
Exhibit J, Beny v. University of Michigan,
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Att: 12
Exhibit K, Ali v. University of Michigan Health System,
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Att: 13
Exhibit L, Lipian v. University of Michigan,
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Att: 14
Exhibit M, Zarza v. University of Michigan,
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Att: 15
Exhibit N, McPike-McDyess v. Regents of the University of Michigan,
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Att: 16
Exhibit O, Odom v. University of Michigan,
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Att: 17
Exhibit P, Vyletel v. University of Michigan - Dearborn,
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Att: 18
Exhibit Q, Davis v. Michigan Medicine University Hospital,
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Att: 19
Exhibit R, Klein v. University of Michigan, Board of Regents,
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Att: 20
Exhibit S, Stanley v. Western Michigan University,
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Att: 21
Exhibit T, Stephenson v. University of Michigan
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| Tuesday, September 10, 2024 | ||
| 30 | 30
cmp
Civil Case - Complaint, Amended
Tue 09/10 4:37 PM
AMENDED COMPLAINT filed by David Daniels against All Defendants. NO NEW PARTIES ADDED. (Stacey, Francyne) |
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| Friday, September 06, 2024 | ||
| 29 | 29
notice
Notice - Other
Fri 09/06 9:01 AM
NOTICE by Maureen Burke, David Gier, Gloria A. Hage, Martin Philbert, Margie Pillsbury, Mark Schlissel, Elizabeth Seney, University of Michigan, University of Michigan Board of Regents re24 MOTION to Dismiss Pursuant to F.R.Civ.P. 12(B)(1) and (6) Notice of Clarification (Tukel, Daniel) |
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Att: 1
Exhibit A, transcript of hearing
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| Wednesday, September 04, 2024 | ||
| 28 | 28
minutes
~Util - Set Motion and R&R Deadlines/Hearings Stipulation and Order
Wed 09/04 2:21 PM
STIPULATION AND ORDER Extending Time to Respond re24 MOTION to Dismiss Pursuant to F.R.Civ.P. 12(B)(1) and (6) . ( Response due by 10/18/2024 ) Signed by District Judge Sean F. Cox. (JMcC) |
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| 27 | 27
order
Stipulation and Order ~Util - Set Deadlines/Hearings
Wed 09/04 1:12 PM
STIPULATION AND ORDER Extending Time for Defendant Andrew Lipian to Respond re1 Complaint. ( Responsive Pleading due by 9/27/2024 ) Signed by District Judge Sean F. Cox. (JMcC) |
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| Thursday, August 29, 2024 | ||
| 26 | 26
notice
Joinder/Concurrence
Thu 08/29 9:46 AM
NOTICE of Joinder/Concurrence in24 MOTION to Dismiss Pursuant to F.R.Civ.P. 12(B)(1) and (6) filed by Mark Schlissel, David Gier, Gloria A. Hage, University of Michigan Board of Regents, University of Michigan, Maureen Burke, Martin Philbert, Margie Pillsbury by Elizabeth Seney (Tukel, Daniel) |
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| 25 | 25
notice
Appearance
Thu 08/29 9:07 AM
NOTICE of Appearance by Daniel B. Tukel on behalf of Elizabeth Seney. (Tukel, Daniel) |
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| Wednesday, August 28, 2024 | ||
| 24 | 24
motion
Dismiss
Wed 08/28 8:56 PM
MOTION to Dismiss Pursuant to F.R.Civ.P. 12(B)(1) and (6) by Maureen Burke, David Gier, Gloria A. Hage, Martin Philbert, Margie Pillsbury, Mark Schlissel, University of Michigan, University of Michigan Board of Regents. (Tukel, Daniel) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit A, 4/19/2019 Memo to President initiating dismissal process,
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Att: 3
Exhibit B, 5/10/2019 Charge Letter,
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Att: 4
Exhibit C, TPP Hearing Committee report and recommendation to dismiss,
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Att: 5
Exhibit D, SACUA Review Committee report and recommendation to dismiss,
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Att: 6
Exhibit E, President's recommendation to dismiss,
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Att: 7
Exhibit F, Wershe v. City of Detroit,
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Att: 8
Exhibit G, Mlive article,
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Att: 9
Exhibit H, Texas criminal court docket sheet,
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Att: 10
Exhibit I, Messeri v. University of Colorado,
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Att: 11
Exhibit J, Beny v. University of Michigan,
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Att: 12
Exhibit K, Ali v. University of Michigan Health System,
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Att: 13
Exhibit L, Lipian v. University of Michigan,
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Att: 14
Exhibit M, Zarza v. University of Michigan,
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Att: 15
Exhibit N, McPike-McDyess v. Regents of the University of Michigan,
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Att: 16
Exhibit O, Odom v. University of Michigan,
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Att: 17
Exhibit P, Vyletel v. University of Michigan - Dearborn,
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Att: 18
Exhibit Q, Davis v. Michigan Medicine University Hospital,
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Att: 19
Exhibit R, Klein v. University of Michigan, Board of Regents,
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Att: 20
Exhibit S, Stanley v. Western Michigan University,
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Att: 21
T, Stephenson v. University of Michigan
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| 23 | 23
notice
Appearance
Wed 08/28 10:17 AM
NOTICE of Appearance by Daniel B. Tukel on behalf of Mark Schlissel. (Tukel, Daniel) |
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| Tuesday, August 20, 2024 | ||
| 22 | 22
order
Stipulation and Order ~Util - Set Deadlines/Hearings
Tue 08/20 1:47 PM
STIPULATION AND ORDER Extending Time for Defendant Andrew Lipian to Respond re1 Complaint. ( Responsive Pleading due by 9/10/2024 ) Signed by District Judge Sean F. Cox. (JMcC) |
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| Monday, August 19, 2024 | ||
| 21 | 21
notice
Appearance
Mon 08/19 9:52 AM
NOTICE of Appearance by Daniel B. Tukel on behalf of Margie Pillsbury. (Tukel, Daniel) |
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| Friday, August 16, 2024 | ||
| 20 | 20
notice
Appearance
Fri 08/16 11:15 AM
NOTICE of Appearance by Sarah Gordon Thomas on behalf of Andrew Lipian. (Thomas, Sarah) |
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| 19 | 19
notice
Appearance
Fri 08/16 11:14 AM
NOTICE of Appearance by Elizabeth Ann Marzotto Taylor on behalf of Andrew Lipian. (Taylor, Elizabeth) |
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| 18 | 18
notice
Appearance
Fri 08/16 11:12 AM
NOTICE of Appearance by Deborah L. Gordon on behalf of Andrew Lipian. (Gordon, Deborah) |
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| Wednesday, August 14, 2024 | ||
| 17 | 17
service
Certificate of Service/Summons Returned Executed
Wed 08/14 12:04 PM
CERTIFICATE of Service/Summons Returned Executed. Margie Pillsbury served on 8/13/2024, answer due 9/3/2024. (Mukerji, Jay) |
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| Friday, August 09, 2024 | ||
| 16 | 16
service
Certificate of Service/Summons Returned Executed
Fri 08/09 2:34 PM
CERTIFICATE of Service/Summons Returned Executed. University of Michigan served on 7/11/2024, answer due 8/1/2024. (Mukerji, Jay) |
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| 15 | 15
service
Certificate of Service/Summons Returned Executed
Fri 08/09 2:32 PM
CERTIFICATE of Service/Summons Returned Executed. Andrew Lipian served on 7/29/2024, answer due 8/19/2024. (Mukerji, Jay) |
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| 14 | 14
service
Certificate of Service/Summons Returned Executed
Fri 08/09 2:31 PM
CERTIFICATE of Service/Summons Returned Executed. Gloria A. Hage served on 7/11/2024, answer due 8/1/2024. (Mukerji, Jay) |
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| 13 | 13
service
Certificate of Service/Summons Returned Executed
Fri 08/09 2:29 PM
CERTIFICATE of Service/Summons Returned Executed. David Gier served on 7/19/2024, answer due 8/9/2024. (Mukerji, Jay) |
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| 12 | 12
service
Certificate of Service/Summons Returned Executed
Fri 08/09 2:26 PM
CERTIFICATE of Service/Summons Returned Executed. Maureen Burke served on 7/24/2024, answer due 8/14/2024. (Mukerji, Jay) |
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| 11 | 11
service
Certificate of Service/Summons Returned Executed
Fri 08/09 2:22 PM
CERTIFICATE of Service/Summons Returned Executed. University of Michigan Board of Regents served on 7/11/2024, answer due 8/1/2024. (Mukerji, Jay) |
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| Monday, July 29, 2024 | ||
| 10 | 10
notice
Appearance
Mon 07/29 9:43 AM
NOTICE of Appearance by Daniel B. Tukel on behalf of Martin Philbert. (Tukel, Daniel) |
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| Friday, July 26, 2024 | ||
| 9 | 9
notice
Appearance
Fri 07/26 11:28 AM
NOTICE of Appearance by Daniel B. Tukel on behalf of Maureen Burke. (Tukel, Daniel) |
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| Monday, July 22, 2024 | ||
| 8 | 8
notice
Appearance
Mon 07/22 12:02 PM
NOTICE of Appearance by Daniel B. Tukel on behalf of David Gier. (Tukel, Daniel) |
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| Tuesday, July 16, 2024 | ||
| 7 | 7
misc
Attorney Appearance
Tue 07/16 2:51 PM
ATTORNEY APPEARANCE: Jay D Mukerji appearing on behalf of All Plaintiffs David Daniels (Mukerji, Jay) |
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Att: 1
Exhibit Proofs of Service
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| Monday, July 15, 2024 | ||
| 6 | 6
order
Stipulation and Order ~Util - Set Deadlines/Hearings
Mon 07/15 4:56 PM
STIPULATION AND ORDER Extending Time for Defendants University of Michigan,University of Michigan Board of Regents and Gloria Hage to Respond re1 Complaint. ( Responsive Pleading due by 9/10/2024 ) Signed by District Judge Sean F. Cox. (JMcC) |
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| Friday, July 12, 2024 | ||
| 5 | 5
notice
Appearance
Fri 07/12 10:21 AM
NOTICE of Appearance by Daniel B. Tukel on behalf of Gloria A. Hage, University of Michigan, University of Michigan Board of Regents. (Tukel, Daniel) |
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| Monday, July 01, 2024 | ||
| 4 | 4
order
Reassignment/Disqualification
Mon 07/01 11:01 AM
ORDER OF RECUSAL and REASSIGNING CASE from District Judge Jonathan J.C. Grey to District Judge Sean F. Cox. (NAhm) |
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| 3 | 3
service
Summons Issued*
Mon 07/01 9:27 AM
SUMMONS Issued for *Maureen Burke, David Gier, Gloria A. Hage, Andrew Lipian, Martin Philbert, Margie Pillsbury, Mark Schlissel, Elizabeth Seney, University of Michigan, University of Michigan Board of Regents* (JPar) |
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notice
Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option
Mon 07/01 9:27 AM
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[LINK:http://www.mied.uscourts.gov] (JPar) |
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| Sunday, June 30, 2024 | ||
| 2 | 2
notice
Notice - Other
Sun 06/30 1:50 PM
NOTICE by David Daniels re1 Complaint,, Jury Demand (Stacey, Francyne) |
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| Friday, June 28, 2024 | ||
| 1 | 1
34
pgs
cmp
Civil Case - Complaint
Fri 06/28 5:13 PM
COMPLAINT filed by David Daniels against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9847070 - Fee: $ 405. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Stacey, Francyne) |
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