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Case TitleDonaldson v. AuSable Township
DistrictEastern District of Michigan
CityBay City
Case Number1:2016cv11555
Date Filed2016-04-29
Date Closed2017-02-28
JudgeDistrict Judge Thomas L. Ludington
PlaintiffMark P. Donaldson [E-Filer]
Case DescriptionMark Donaldson filed suit against Au Sable Township for allegedly violating the Michigan Freedom of Information Act. Apparently dissatisfied with the state court action, Donaldson filed suit in federal court claiming there was a constitutional issue involved. He does not allege a claim under the federal FOIA. As a result, this is not a FOIA case.
Complaint issues: FOIA not mentioned

DefendantAuSable Township
DefendantJoe Meadows
DefendantMark Smith
Documents
Docket
Complaint
Complaint
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Complaint attachment 32
Opinion/Order [39]
Opinion/Order [43]
Opinion/Order [48]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-291NOTICE OF REMOVAL by All Defendants Au Sable Township from 34th Circuit Court Roscommon County, case number 16-722833-CZ. Receipt No: 0645-5670355 - Fee: $ 400 [ Previously dismissed case: No] [ Possible companion case(s): None ] (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit Correspondence from Kathy Wray, # 3 Exhibit FOIA Request - Meeting, # 4 Exhibit FOIA Request Auditor Reports, # 5 Exhibit FOIA Request Auditor Records and Correspondence, # 6 Exhibit Notice to Extend Response Time for FOIA Request, # 7 Exhibit FOIA Request Prop 1 and Correspondence, # 8 Exhibit FOIA Request Prop 2, # 9 Exhibit FOIA Appeal Prop 1 and Correspondence, # 10 Exhibit FOIA Appeal Prop 2, # 11 Exhibit Conflict with Prior FOIA Policies, # 12 Exhibit FOIA Appeal Form, # 13 Exhibit Correspondence from Kathy Wray, # 14 Exhibit FOIA Request Detailed Cost, # 15 Exhibit Notice of Denial, # 16 Exhibit FOIA Request Planning, # 17 Exhibit FOIA Request Bylaws, # 18 Exhibit FOIA Request KCC Relationships, # 19 Exhibit AuSable 101315 Board Minutes, # 20 Exhibit AuSable 111015 Board Minutes, # 21 Exhibit AuSable 120815 Board Minutes, # 22 Exhibit AuSable 011216Board Minutes, # 23 Exhibit AuSable 020916 Board Minutes, # 24 Exhibit AuSable 031016 Agenda, # 25 Exhibit AuSable 011216 Agenda, # 26 Exhibit Correspondence Donaldson 123015, # 27 Exhibit Donaldson Formal Complaint 103115, # 28 Exhibit Donaldson Formal Complaint 102115, # 29 Exhibit E-mail to Donaldson from Schantz, # 30 Index of Exhibits) (White, Daniel) (Entered: 04/29/2016)
2016-05-02A 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 (SOso) (Entered: 05/02/2016)
2016-05-022CERTIFICATE OF SERVICE by All Defendants Au Sable Township (White, Daniel) (Entered: 05/02/2016)
2016-05-063MOTION for dismissal as to counts 13, 14 and 15. by All Defendants. (White, Daniel) (Entered: 05/06/2016)
2016-05-064ANSWER to Complaint with Affirmative Defenses by All Defendants. (White, Daniel) (Entered: 05/06/2016)
2016-05-095CERTIFICATE OF SERVICE by All Defendants Au Sable Township (White, Daniel) (Entered: 05/09/2016)
2016-05-106ORDER Referring Pretrial Matters and 3 Motion for dismissal as to counts 13, 14 and 15 to Magistrate Judge Patricia T. Morris. Signed by District Judge Thomas L. Ludington. (Sian, M) (Entered: 05/10/2016)
2016-05-108APPLICATION to Proceed without prepaying fees or costs by Mark P. Donaldson. (DAll) (Entered: 05/11/2016)
2016-05-1010Pro Se Application for E-filing submitted by Mark P. Donaldson. [APPROVED PENDING COMPLETION OF ON-LINE TRAINING] (DPer) (Entered: 05/20/2016)
2016-05-117ORDER Requiring Response to 3 Motion. Response due by 5/24/2016 , Reply due by 6/7/2016 Signed by Magistrate Judge Patricia T. Morris. (KKra) (Entered: 05/11/2016)
2016-05-11TEXT-ONLY CERTIFICATE OF SERVICE re 7 Order Requiring Responsive Pleading on Mark P. Donaldson at 103 Deerwood Court, Roscommon, MI 48653. (KKra) (Entered: 05/11/2016)
2016-05-189MOTION for Immediate Consideration by Mark P. Donaldson. (DAll) (Entered: 05/19/2016)
2016-05-23Pro Se E-filing Account Created for Mark P. Donaldson [E-Filer]. (DPer) (Entered: 05/23/2016)
2016-05-2611RESPONSE to 3 MOTION for dismissal as to counts 13, 14 and 15. filed by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 05/26/2016)
2016-05-2612MOTION to Sever and remand by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 05/26/2016)
2016-05-2613AMENDED COMPLAINT with Jury Demand amended as matter of course filed by Mark P. Donaldson [E-Filer] against AuSable Township, Joe Meadows, Mark Smith. NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit foia request,response,invoice,appeal w/ affidavit, # 3 Exhibit appeal e-mails, # 4 Exhibit foia request meeting, # 5 Exhibit foia request auditor report and extension communication, # 6 Exhibit foia request auditor records w/ extension communication, # 7 Exhibit foia coordinator extension request, # 8 Exhibit foia request prop 1, response, # 9 Exhibit foia request prop 2, # 10 Exhibit foia appeal prop 1, response, # 11 Exhibit foia appeal prop 2, # 12 Exhibit township foia forms, # 13 Exhibit foia appeal forms, fee and records, # 14 Exhibit foia appeal form e-mail response, # 15 Exhibit foia detailed cost itemization form, # 16 Exhibit foia denial form, # 17 Exhibit foia request planning, # 18 Exhibit foia request bylaws, # 19 Exhibit foia request KCC relationships, # 20 Exhibit twp minutes oct 2015, # 21 Exhibit twp minutes nov 2015, # 22 Exhibit twp minutes dec 2015, # 23 Exhibit twp minutes jan 2016, # 24 Exhibit twp minutes feb 2016, # 25 Exhibit twp agenda march 2016, # 26 Exhibit twp agenda jan 2016, # 27 Exhibit "1 complaint", # 28 Exhibit formal complaint KCC signs, # 29 Exhibit formal complaint, # 30 Exhibit e-mail miss accident, # 31 Exhibit township zoning ordinance, # 32 Exhibit planning meeting apr 2016) (Donaldson [E-Filer], Mark) (Entered: 05/26/2016)
2016-05-3114RESPONSE to 9 MOTION for Immediate Consideration filed by AuSable Township. (White, Daniel) (Entered: 05/31/2016)
2016-06-0815RESPONSE to 12 MOTION to Sever and remand State Claims filed by AuSable Township. (White, Daniel) (Entered: 06/08/2016)
2016-06-1516REPLY to Response re 12 MOTION to Sever and remand filed by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 06/15/2016)
2016-06-1517CERTIFICATE OF SERVICE re 13 Amended Complaint,,,,,, 16 Reply to Response to Motion by Mark P. Donaldson [E-Filer] (Donaldson [E-Filer], Mark) (Entered: 06/15/2016)
2016-06-1618NOTICE of Appearance by Daniel W. White on behalf of Joe Meadows. (White, Daniel) (Entered: 06/16/2016)
2016-06-1619NOTICE of Appearance by Daniel W. White on behalf of Mark Smith. (White, Daniel) (Entered: 06/16/2016)
2016-06-1620MOTION to Dismiss by All Defendants. (White, Daniel) (Entered: 06/16/2016)
2016-06-1621ANSWER to Amended Complaint with Affirmative Defenses by All Defendants. (White, Daniel) (Entered: 06/16/2016)
2016-06-2022ORDER Requiring Response to 20 Motion to Dismiss. Response due by 7/7/2016 , Reply due by 7/21/2016 Signed by Magistrate Judge Patricia T. Morris. (KKra) (Entered: 06/20/2016)
2016-06-2723MOTION exparte motion immediate relief pursuant to 28 USC 1447 (b) and more brief time by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 06/27/2016)
2016-06-2724MOTION for Sanctions noncompliance lr11.1 by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 06/27/2016)
2016-07-0725RESPONSE to 20 MOTION to Dismiss pusuant to latest court order filed by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 07/07/2016)
2016-07-1226RESPONSE to 9 MOTION for Immediate Consideration of Ex Parte Motion filed by All Defendants. (White, Daniel) (Entered: 07/12/2016)
2016-07-1227RESPONSE to 24 MOTION for Sanctions noncompliance lr11.1 filed by All Defendants. (White, Daniel) (Entered: 07/12/2016)
2016-07-1528REPLY to Response re 23 MOTION exparte motion immediate relief pursuant to 28 USC 1447 (b) and more brief time brief with 6 exhibits filed by Mark P. Donaldson [E-Filer]. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Donaldson [E-Filer], Mark) (Entered: 07/15/2016)
2016-07-1529REPLY to Response re 24 MOTION for Sanctions noncompliance lr11.1 filed by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 07/15/2016)
2016-07-2130REPLY to Response re 20 MOTION to Dismiss filed by All Defendants. (White, Daniel) (Entered: 07/21/2016)
2016-07-2531MOTION order rule 26(f), scheduling date, discovery plan by Mark P. Donaldson [E-Filer]. (Attachments: # 1 Exhibit, # 2 Exhibit) (Donaldson [E-Filer], Mark) (Entered: 07/25/2016)
2016-07-2532MOTION grant filing of amended complaint and add party by Mark P. Donaldson [E-Filer]. (Attachments: # 1 amended complaint, # 2 Index of Exhibits, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit) (Donaldson [E-Filer], Mark) (Entered: 07/25/2016)
2016-08-0833RESPONSE to 32 MOTION grant filing of amended complaint and add party filed by All Defendants. (Attachments: # 1 Exhibit Summons and Complaint) (White, Daniel) (Entered: 08/08/2016)
2016-08-1234REPLY to Response re 32 MOTION grant filing of amended complaint and add party filed by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 08/12/2016)
2016-08-2635REPORT AND RECOMMENDATION re 32 MOTION grant filing of amended complaint and add party filed by Mark P. Donaldson [E-Filer], 12 MOTION to Sever and remand filed by Mark P. Donaldson [E-Filer], 23 MOTION exparte motion immediate relief pursuant to 28 USC 1447 (b) and more brief time filed by Mark P. Donaldson [E-Filer], 24 MOTION for Sanctions noncompliance lr11.1 filed by Mark P. Donaldson [E-Filer], 9 MOTION for Immediate Consideration, 31 MOTION order rule 26(f), scheduling date, discovery plan filed by Mark P. Donaldson [E-Filer], 20 MOTION to Dismiss filed by AuSable Township, Mark Smith, Joe Meadows, 3 MOTION for dismissal as to counts 13, 14 and 15. filed by AuSable Township Signed by Magistrate Judge Patricia T. Morris. (KKra) (Entered: 08/26/2016)
2016-08-2936MOTION immediately consider more pages for objections re 35 REPORT AND RECOMMENDATION re 32 MOTION grant filing of amended complaint and add party filed by Mark P. Donaldson [E-Filer], 12 MOTION to Sever and remand filed by Mark P. Donaldson [E-Filer], 23 MOTION exparte motion i by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 08/29/2016)
2016-08-3037ORDER Denying Plaintiff's 36 Motion for a Page Extension. Signed by District Judge Thomas L. Ludington. (Sian, M) (Entered: 08/30/2016)
2016-08-3138MOTION Immediate reconsider denial and extend page length by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 08/31/2016)
2016-09-0239ORDER Denying Plaintiff's 38 Motion for Reconsideration. Signed by District Judge Thomas L. Ludington. (Sian, M) (Entered: 09/02/2016)
2016-09-0840OBJECTION to 35 Report and Recommendation by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 09/08/2016)
2016-09-2241REPLY to Response re 35 REPORT AND RECOMMENDATION re 32 MOTION grant filing of amended complaint and add party filed by Mark P. Donaldson [E-Filer], 12 MOTION to Sever and remand filed by Mark P. Donaldson [E-Filer], 23 MOTION exparte motion i filed by All Defendants. (White, Daniel) Modified on 9/23/2016 (DWor). [DOCUMENT ENTITLED "RESPONSE TO PLAINTIFF'S OBJECTIONS TO REPORT AND RECOMMENDATION"] (Entered: 09/22/2016)
2016-09-2842REPLY Brief supporting objections by Mark P. Donaldson [E-Filer]. (Donaldson [E-Filer], Mark) (Entered: 09/28/2016)
2017-02-2843ORDER Overruling 40 Objections in Part, Adopting 35 Report and Recommendation In Part, 20 Granting Motion to Dismiss In Part, Dismissing Counts XV and XVI of Plaintiff's 13 Amended Complaint, Granting 12 Motion to Sever and Remand, Denying All Other 3 9 23 24 31 32 Motions and Remanding to State Court. Signed by District Judge Thomas L. Ludington. (Sian, M) (Entered: 02/28/2017)
2017-02-2844JUDGMENT Signed by District Judge Thomas L. Ludington. (SSch) (Entered: 03/01/2017)
2017-03-0145NOTICE remanding case to Thirty-Fourth Circuit Court. (SSch) (Entered: 03/01/2017)
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by FOIA Project Staff