Coalition to Defend Affirmative Action v. Regents of the University of Michigan

539 F. Supp. 2d 960, 2008 U.S. Dist. LEXIS 21564, 103 Fair Empl. Prac. Cas. (BNA) 97, 2008 WL 724661
CourtDistrict Court, E.D. Michigan
DecidedMarch 18, 2008
DocketNos. 06-15024, 06-15637
StatusPublished
Cited by9 cases

This text of 539 F. Supp. 2d 960 (Coalition to Defend Affirmative Action v. Regents of the University of Michigan) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coalition to Defend Affirmative Action v. Regents of the University of Michigan, 539 F. Supp. 2d 960, 2008 U.S. Dist. LEXIS 21564, 103 Fair Empl. Prac. Cas. (BNA) 97, 2008 WL 724661 (E.D. Mich. 2008).

Opinion

[964]*964 OPINION AND ORDER GRANTING CANTRELL PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AS TO INTERVENING DEFENDANT ERIC RUSSELL, DENYING MOTION TO INTERVENE BY JENNIFER GRATZ, AND DENYING AS MOOT PLAINTIFFS’ RESPECTIVE MOTIONS TO CERTIFY THE MATTERS AS CLASS ACTIONS, INTERVENING DEFENDANT ERIC RUSSELL’S MOTION FOR SUMMARY JUDGMENT, CANTRELL PLAINTIFFS’ MOTION TO COMPEL DISCOVERY, AND INTERVENING DEFENDANT ERIC RUSSELL’S MOTION TO COMPEL DISCOVERY FROM THE UNIVERSITY DEFENDANTS

DAVID M. LAWSON, District Judge.

Today the Court filed an opinion and order granting the Michigan Attorney General’s motion for summary judgment and a judgment dismissing the challenge by the plaintiffs in these consolidated cases to the constitutionality of an amendment to Michigan’s constitution, which is generally referred to as Proposal 2. There are several motions before the Court that remain pending, and the Court will address them in this order. The plaintiffs in the Cantrell case move for summary judgment against intervening defendant Eric Russell on the ground that the basis for his interest in the litigation has evaporated following the rejection of his application to the University of Michigan’s law school, which was considered under post-Proposal 2 criteria. The Court finds that Mr. Russell no longer has an interest in the subject matter of this case that cannot be protected adequately by the parties before the Court. Therefore, the Court will grant the motion for summary judgment and dismiss Mr. Russell as a party defendant. One Jennifer Gratz has filed a belated motion to intervene. The Court finds that Ms. Gratz fails to satisfy the requirements to permit her to intervene by right or per-missably, and the Court will deny her motion. The Court also finds that its opinion and judgment on the State’s summary judgment motion moots the pending discovery and class certification motions, and consequently those motions will be denied.

I.

As explained in the Court’s opinion and order filed today adjudicating the parties’ other motions for summary judgment, this litigation was commenced on November 8, 2006 by a group of organizations and individuals (the Coalition plaintiffs), immediately after the adoption by the Michigan electorate of a state constitutional amendment that effectively banned affirmative action programs by the State and its political subdivisions “in the operation of public employment, public education, or public contracting.” Mich. Const, art. I, § 26(1). Another group of individuals with ties to the University of Michigan (the Cantrell plaintiffs) brought suit on December 19, 2006, contending that Proposal 2 is unconstitutional as it is applied to public colleges and universities.

On December 18, 2006, Eric Russell, who had applied for admission at the University of Michigan’s law school, filed a motion to intervene as a party defendant. Russell was accepted by Wayne State University Law School beforehand, but his application to Michigan’s law school was still pending. Russell argued in his motion to intervene that he had a substantial interest in this case because, as a white male applicant to Michigan, he stood to gain or lose depending on whether Proposal 2 remained in full force and effect, and he was concerned about “both his interest in being [965]*965treated equally in the admissions process and in maximizing his chances of being admitted.” Russell Mot. to Int. [dkt # 27] at 7. Russell argued that these interests would possibly be impaired if the Court denied intervention because he sought to have Proposal 2 become effective “as soon as possible,” while the plaintiffs and the university defendants sought its invalidation. See id. at 9.

In addition, Russell contended that his interests would not be represented adequately by the then-present parties to the case because the university defendants and Governor Granholm had expressed strong disapproval of Proposal 2. Presciently, Russell also made this argument with respect to Attorney General Cox on the grounds that he might have the inclination to resolve this litigation by permitting the university defendants to temporarily ignore Proposal 2 during the 2006-2007 admissions cycle. Id at 10. Such a resolution, sounding in eventual compliance, “would not do Eric Russell much good at all.” Ibid Unlike some members of the public, Russell represented that his interest was “to have a non-discriminatory and non-preferential system instituted right now, while his application is still under consideration.” Ibid

At around the same time Mr. Russell filed his motion for intervention, several other entities filed motions seeking the same relief. Before ruling on these matters, however, the Court entertained a stipulation requesting entry of a preliminary injunction that would have exempted the university defendants from complying with Proposal 2 through the 2006-2007 admissions cycle. The stipulation was signed by Michigan Attorney General Michael Cox, who had been ordered to intervene in the case. The Court entered an order pursuant to the stipulation, but that order was stayed pending appeal by the Sixth Circuit on December 29, 2006. Coalition to Defend Affirm. Action v. Granholm, 473 F.3d 237 (6th Cir.2006).

On December 27, 2006, the Court issued an opinion and order addressing all of the motions to intervene, denying them all except Russell’s. Coalition to Defend Affirmative Action v. Granholm, 240 F.R.D. 368 (E.D.Mich.2006), aff'd, 501 F.3d 775 (6th Cir.2007). The Court determined that Russell qualified for intervention of right under Federal Rule of Civil Procedure 24(a) because he satisfied the four elements recognized in the controlling jurisprudence where the other putative interve-nors did not. The Court stressed the uniqueness of Russell’s situation: as a white male with an application under consideration by the University of Michigan, Russell represented a tangible interest that no other party (or would-be interve-nor) could claim. For instance, with respect to the element of timeliness, the Court explained that Russell satisfied this element because it was sensible for him to seek intervention only upon learning that the university defendants sought to forestall Proposal 2’s effective date. Id at 374. Similarly, the Court found that Russell had a substantial legal interest in intervention because, “if the present plaintiffs are successful in obtaining a ruling that the constitutional amendment is invalid, Russell’s chances of gaining admission to the University of Michigan law school may be diminished.” Id. at 375.

Subsequently, the Court held a scheduling conference with both the Coalition and Cantrell plaintiffs to establish dates and an approach for handling the litigation. The actions were consolidated, and the Court ordered that all of the defendants in one action would be deemed defendants in the other action. The Court then requested the parties to submit joint stipulations of fact with the hope that the issues might be [966]*966pared down to only those that were genuinely disputed. That attempt failed, however, as the parties found no meaningful common ground.

In mid-May 2007, the Coalition and Cantrell plaintiffs each submitted a motion for class certification. Attorney General Cox and Governor Granholm each opposed the motions for class certification, while Eric Russell concurred in the relief sought.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
539 F. Supp. 2d 960, 2008 U.S. Dist. LEXIS 21564, 103 Fair Empl. Prac. Cas. (BNA) 97, 2008 WL 724661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coalition-to-defend-affirmative-action-v-regents-of-the-university-of-mied-2008.