| VFM |
United States District Court
Western District of Michigan (Southern Division (1))
CIVIL DOCKET FOR CASE #: 1:17-cv-00622-PLM-RSK
| Bay View Chautauqua Inclusiveness Group v. Bay View Association of the United Methodist Church, The et al Assigned to: District Judge Paul L. Maloney Referred to: Magistrate Judge Ray Kent Cause: 42:1983 Other Civil Rights |
Date Filed: 07/10/2017 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Federal Question |
| plaintiff | ||
| Bay View Chautauqua Inclusiveness Group | represented by | Sarah S. Prescott Salvatore Prescott, PLLC 105 E Main St. Northville, MI 48167 (248) 679-8711 Email: prescott@spplawyers.com ATTORNEY TO BE NOTICED |
| V. | ||
| defendant | ||
| Bay View Association of the United Methodist Church, The a Michigan Summer Resort and Assembly Association |
represented by | Michael S. Bogren Plunkett Cooney (Kalamazoo) 950 Trade Centre Way, Ste. 310 Kalamazoo, MI 49002 (269) 226-8822 Fax: (269) 382-2506 Email: mbogren@plunkettcooney.com ATTORNEY TO BE NOTICED |
| defendant | ||
| Board of the Bay View Association of the United Methodist Church, The its governing body |
represented by | Michael S. Bogren (See above for address) ATTORNEY TO BE NOTICED |
| defendant | ||
| Bay View Real Estate Management, Inc. a domestic profit corporation |
represented by | Michael S. Bogren (See above for address) ATTORNEY TO BE NOTICED |
| mediator | ||
| Facilitative Mediator | represented by | William W. Jack , Jr. Smith Haughey Rice & Roegge PC (Grand Rapids) 100 Monroe Center, NW Grand Rapids, MI 49503-2802 (616) 774-8000 Fax: (616) 774-2461 Email: wjack@shrr.com LEAD ATTORNEY |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/10/2017 | 1 | COMPLAINT with jury demand against All Defendants filed by Bay View Chautauqua Inclusiveness Group (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Prescott, Sarah) (Entered: 07/10/2017) |
| 07/10/2017 | FILING FEE PAID re 1 by plaintiff Bay View Chautauqua Inclusiveness Group in the amount of $400, receipt number 0646-3888560 (Prescott, Sarah) (Entered: 07/10/2017) | |
| 07/11/2017 | 2 | NOTICE that this case has been assigned Paul L. Maloney (mg) (Entered: 07/11/2017) |
| 07/11/2017 | SUMMONS NOT ISSUED as to defendants Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (none provided) (mg) (Entered: 07/11/2017) | |
| 07/12/2017 | 3 | PROPOSED SUMMONS to be issued re 1 (Prescott, Sarah) (Entered: 07/12/2017) |
| 07/12/2017 | 4 | PROPOSED SUMMONS to be issued re 1 (Prescott, Sarah) (Entered: 07/12/2017) |
| 07/12/2017 | 5 | PROPOSED SUMMONS to be issued re 1 (Prescott, Sarah) (Entered: 07/12/2017) |
| 07/13/2017 | 6 | SUMMONS ISSUED as to defendants Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (mg) (Entered: 07/13/2017) |
| 07/28/2017 | 7 | SUMMONS returned executed; Bay View Association of the United Methodist Church, The served on 7/24/2017, answer due 8/14/2017 (Prescott, Sarah) (Entered: 07/28/2017) |
| 07/28/2017 | 8 | SUMMONS returned executed; Bay View Real Estate Management, Inc. served on 7/24/2017, answer due 8/14/2017 (Prescott, Sarah) (Entered: 07/28/2017) |
| 07/28/2017 | 9 | SUMMONS returned executed; Board of the Bay View Association of the United Methodist Church, The served on 7/24/2017, answer due 8/14/2017 (Prescott, Sarah) (Entered: 07/28/2017) |
| 07/28/2017 | 10 | NOTICE to attorney Sarah S. Prescott regarding recent filing 8 (jlg) (Entered: 07/28/2017) |
| 07/28/2017 | 11 | CORRECTED SUMMONS returned executed re 8 ; Bay View Real Estate Management, Inc. served on 7/24/2017, answer due 8/14/2017 (Prescott, Sarah) Modified text on 7/31/2017 (ems). (Entered: 07/28/2017) |
| 08/03/2017 | (NON-DOCUMENT) ATTORNEY APPEARANCE of Michael S. Bogren on behalf of defendants Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (Bogren, Michael) (Entered: 08/03/2017) | |
| 08/03/2017 | 12 | ACKNOWLEDGMENT OF SERVICE on behalf of Bay View Association of the United Methodist Church, The served on 7/24/2017, answer due 8/14/2017; Bay View Real Estate Management, Inc. served on 7/24/2017, answer due 8/14/2017; Board of the Bay View Association of the United Methodist Church, The served on 7/24/2017, answer due 8/14/2017 (Bogren, Michael) Modified text on 8/4/2017 (dates modified per 7 9 and 11 ) (mg). (Entered: 08/03/2017) |
| 08/14/2017 | 13 | ANSWER to complaint, 1 with affirmative defenses by Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (Bogren, Michael) (Entered: 08/14/2017) |
| 08/15/2017 | 14 | MOTION for judgment on the pleadings (Motion for Partial Judgment on The Pleadings, Oral Argument Requested) by defendants Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The; (Bogren, Michael) (Entered: 08/15/2017) |
| 08/15/2017 | 15 | BRIEF in support of MOTION for judgment on the pleadings (Motion for Partial Judgment on The Pleadings, Oral Argument Requested) 14 filed by Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (Bogren, Michael) (Entered: 08/15/2017) |
| 09/05/2017 | 16 | PROPOSED ORDER regarding Extension of Time for Plaintiff to File Response Brief by plaintiff Bay View Chautauqua Inclusiveness Group (Prescott, Sarah) (Entered: 09/05/2017) |
| 09/06/2017 | 17 | STIPULATION AND ORDER extending deadline for plaintiff to respond to motion for partial judgment on the pleadings to 9/26/2017; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 09/06/2017) |
| 09/12/2017 | 18 | NOTICE of telephone conference set for 9/19/2017 at 10:00 AM before District Judge Paul L. Maloney; Counsel for Plaintiff responsible for coordination of conference call; (Judge Paul L. Maloney, acr) (Entered: 09/12/2017) |
| 09/19/2017 | 19 | MINUTES of telephone conference held before District Judge Paul L. Maloney (Proceedings not recorded) (Judge Paul L. Maloney, acr) (Entered: 09/19/2017) |
| 09/20/2017 | 20 | ORDER referring case to VOLUNTARY FACILITATIVE MEDIATION; deadline to complete mediation is 10/31/2017; if case still pending, deadline for plaintiff to file response to defendants’ motion 14 extended to 2 weeks after completion of mediation; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 09/20/2017) |
| 09/27/2017 | 21 | SELECTION of William J. Jack, Jr. as facilitative mediator by plaintiff Bay View Chautauqua Inclusiveness Group (Prescott, Sarah) (Entered: 09/27/2017) |
| 09/29/2017 | 22 | NOTICE of appointment of Facilitative Mediator William W. Jack, Jr ; plaintiff VFM fee to be submitted by 10/6/2017 defendant VFM fee to be submitted by 10/6/2017 (lep) (Entered: 09/29/2017) |
| 10/02/2017 | VFM FEE RECEIVED in the amount of $25.00, check number 700002506 as to defendants Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (lep) (Entered: 10/03/2017) | |
| 10/05/2017 | VFM FEE RECEIVED in the amount of $25.00, check number 2050 as to plaintiff Bay View Chautauqua Inclusiveness Group (lep) (Entered: 10/06/2017) | |
| 11/13/2017 | 23 | PROPOSED STIPULATION and ORDER Extending Time to Complete Mediation by plaintiff Bay View Chautauqua Inclusiveness Group (Prescott, Sarah) (Entered: 11/13/2017) |
| 11/14/2017 | 24 | STIPULATION AND ORDER extending time to complete mediation; mediation shall be completed by 1/31/2018; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 11/14/2017) |
| 01/31/2018 | 25 | REPORT of facilitative mediation held 1/29/18; mediation is complete; case is not settled, (Jack, William) (Entered: 01/31/2018) |
| 01/31/2018 | 26 | ORDER regarding response to Motion for Partial Judgment on the Pleadings 14 responses due 2/28/2018; replies due by 3/7/2018; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 01/31/2018) |
| 02/22/2018 | 27 | PROPOSED STIPULATION and ORDER by plaintiff Bay View Chautauqua Inclusiveness Group (Attachments: # 1 Exhibit A – Proposed First Amended Complaint) (Prescott, Sarah) (Entered: 02/22/2018) |
| 02/23/2018 | 28 | STIPULATION AND ORDER allowing plaintiff to file first amended complaint within 7 days; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/23/2018) |
| 02/23/2018 | 29 | First AMENDED COMPLAINT against All Defendants filed by Bay View Chautauqua Inclusiveness Group (Attachments: # 1 Index of Exhibits, # 2 Exhibit A – Current, disputed bylaws dated May 2016, # 3 Exhibit B – 1890 Articles of Association, # 4 Exhibit C – 1945 Articles of Association Amendment, operative/current and disputed, # 5 Exhibit D – Current Articles of Association, # 6 Exhibit E – 1986 bylaws, amended to add Christianity test, # 7 Exhibit F – LARA determination dated September 10, 2013, # 8 Exhibit G – Rejected Articles, # 9 Exhibit H – LARA Determinations, # 10 Exhibit I – Detailed Prayer for Relief) (Prescott, Sarah) (Entered: 02/23/2018) |
| 02/27/2018 | 30 | ORDER dismissing as moot 14 motion for judgment on the pleadings; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 02/27/2018) |
| 03/08/2018 | 31 | ANSWER to Amended Complaint, 29 with affirmative defenses by Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (Bogren, Michael) Modified text on 3/8/2018 (ns). (Entered: 03/08/2018) |
| 03/08/2018 | 32 | ORDER setting Rule 16 scheduling conference by telephone: telephone Rule 16 scheduling conference set for 4/6/2018 at 03:00 PM before District Judge Paul L. Maloney; status report due by 4/3/2018; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 03/08/2018) |
| 04/03/2018 | 33 | JOINT STATUS REPORT (Prescott, Sarah) (Entered: 04/03/2018) |
| 04/06/2018 | 34 | MINUTES of scheduling conference by telephone held before District Judge Paul L. Maloney (Proceedings not recorded) (Judge Paul L. Maloney, acr) (Entered: 04/06/2018) |
| 04/06/2018 | 35 | INITIAL CASE MANAGEMENT ORDER: deadline to file cross motions is 4/23/2018; discovery is stayed pending resolution of motions; oral argument on motions scheduled for 7/30/2018 at 9:00 a.m.; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/06/2018) |
| 04/23/2018 | 36 | MOTION for partial summary judgment (Renewed Motion for Partial Judgment on the Pleadings) by defendants Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The; (Bogren, Michael) (Entered: 04/23/2018) |
| 04/23/2018 | 37 | BRIEF in support of MOTION for partial summary judgment (Renewed Motion for Partial Judgment on the Pleadings) 36 filed by Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Bogren, Michael) (Entered: 04/23/2018) |
| 04/23/2018 | 38 | MOTION for judgment on the pleadings with brief in support and certificate of service by plaintiff Bay View Chautauqua Inclusiveness Group; (Attachments: # 1 Exhibit A – Unpublished Case Law) (Prescott, Sarah) Modified text on 4/24/2018 (mg). (Entered: 04/23/2018) |
| 04/30/2018 | 39 | UNOPPOSED MOTION for leave to file Amicus brief and brief in support by amicus ACLU and ACLU of Michigan; (Attachments: # 1 Exhibit Ex A Proposed Amicus Brief) (Mach, Daniel) (Entered: 04/30/2018) |
| 04/30/2018 | 40 | CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION for leave to file Amicus brief and brief in support 39 filed by ACLU and ACLU of Michigan (Mach, Daniel) (Entered: 04/30/2018) |
| 05/01/2018 | 41 | ORDER granting 39 motion for leave to file amicus brief; the Clerk of Court shall accept the proposed document for filing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 05/01/2018) |
| 05/01/2018 | 42 | BRIEF by amicus ACLU and ACLU of Michigan (filed per Order 41 ) (ns) (Entered: 05/02/2018) |
| 05/03/2018 | (NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Steinberg on behalf of amicus ACLU and ACLU of Michigan (Steinberg, Michael) (Entered: 05/03/2018) | |
| 05/03/2018 | (NON-DOCUMENT) ATTORNEY APPEARANCE of Heather Lynn Weaver on behalf of amicus ACLU and ACLU of Michigan (Weaver, Heather) (Entered: 05/03/2018) | |
| 05/16/2018 | 43 | MOTION to Correct Typographical Error by plaintiff Bay View Chautauqua Inclusiveness Group (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Prescott, Sarah) Modified access and text on 5/17/2018; under the directive of chambers (mg). (Entered: 05/16/2018) |
| 05/18/2018 | 44 | CERTIFICATE regarding compliance with LCivR 7.1(d) re EX PARTE MOTION to Correct Typographical Error by plaintiff Bay View Chautauqua Inclusiveness Group 43 filed by Bay View Chautauqua Inclusiveness Group (Prescott, Sarah) (Entered: 05/18/2018) |
| 05/21/2018 | 45 | ORDER granting 43 MOTION to Correct Typographical Error; plaintiff to file corrected brief by 5/22/2018; defendants’ response to motion due 5/25/2018; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 05/21/2018) |
| 05/21/2018 | 46 | AMENDED MOTION for judgment on the pleadings by plaintiff Bay View Chautauqua Inclusiveness Group; (Attachments: # 1 Exhibit A – Unpublished Cases) (Prescott, Sarah) (Entered: 05/21/2018) |
| 05/21/2018 | 47 | RESPONSE in opposition to MOTION for partial summary judgment (Renewed Motion for Partial Judgment on the Pleadings) 36 filed by Bay View Chautauqua Inclusiveness Group (Attachments: # 1 Exhibit A – Unpublished Cases) (Prescott, Sarah) (Entered: 05/21/2018) |
| 05/23/2018 | 48 | RESPONSE in opposition to AMENDED MOTION for judgment on the pleadings 46 (Response in Opposition to Plaintiff’s Motion for Judgment on the Pleadings) filed by Bay View Association of the United Methodist Church, The, Bay View Real Estate Management, Inc., Board of the Bay View Association of the United Methodist Church, The (Bogren, Michael) (Entered: 05/23/2018) |