Professional Documents
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Karamo Appeal
Karamo Appeal
STATE OF MICHIGAN
MICHIGAN
IN THE COURT
IN THE COURT OF
OF APPEALS
APPEALS
MALINDA PEGO,
MALINDA ALI HOSSEIN,
PEGO, ALI HOSSEIN, HASSAN,
HASSAN, Court of Appeals
Court of Appeals No.
No.
NEHME, ANN DELISLE,
NEHME, ANN DELISLE, JESSICA
JESSICA
BAREFIELD, NORM
BAREFIELD, SCHINKLE and
NORM SCHINKLE and
WARREN CARPENTER
WARREN CARPENTER Kent Circuit No:
Kent Circuit 24-00658-CZ
No: 24-00658-CZ
Hon. J. Joseph
Hon. J. Joseph Rossi
Rossi
Plaintiffs-Appellees,
Plaintiffs-Appellees,
vs.
vs.
KRISTINA KARAMO,
KRISTINA KARAMO,
Defendant-Appellant.
Defendant-Appellant.
Defendant-Appellant’s
Defendant-Appellant's
Application for Leave
Application for to Appeal
Leave to Appeal
** ** ** Decision
Decision Needed
Needed By
By Friday, March 1,
Friday, March 1, 2024
2024 ** ** **
__________________________________________________________________
WARNER N
WARNER ORCROSS &
NORCROSS JUDD, LLP
& JUDD, LLP L OFFICE OF DANIEL
AW OFFICE
LAW DANIEL J.
J. HARTMAN
HARTMAN
Jonathon Lauderbach
Jonathon Lauderbach (P51313)
(P51313) Daniel J. Hartman
Daniel J. Hartman (P512632)
(P512632)
150 Ottawa
150 Ottawa Avenue,
Avenue, NW Suite 1500
NW Suite 1500 P.O.
P.O. Box 307
Box 307
C OLLINS E
COLLINS FARRELL PC
INHORN FARRELL
EINHORN PC
Donald D. Campbell
Donald D. Campbell (P43088)
(P43088)
Kellie Howard-Goudy (P69009)
Kellie Howard-Goudy (P69009)
4000 Town
4000 Town Center,
Center, 9th
9 Floor
th Floor
Southfield, MI
Southfield, 48075
MI 48075
(248) 355-4141
(248) 355-4141
[email protected]
[email protected]
[email protected]
[email protected]
Co-Counsel for Defendant
Co-Counsel for Defendant
1
Table of
Table Contents
of Contents
Index of
Index of Authorities
Authorities ................................................................................................ 3
3
Index of
Index of Attachments
Attachments .............................................................................................. 5
5
Statement of
Statement of Questions
Questions Presented
Presented .......................................................................... 77
Introduction ............................................................................................................ 8
Introduction 8
Statement of
Statement of Facts
Facts ................................................................................................... 9
9
Standard of
Standard of Review
Review ............................................................................................... 13
13
Argument.............................................................................................................. 14
Argument 14
A. The
A. The order
order granting
granting plaintiffs’
plaintiffs' motionmotion shouldshould be be vacated
vacated
as its
as retroactive application
its retroactive application is is not
not aa permitted
permitted remedy remedy under under
MCR 3.310
MCR 3.310 ....................................................................................................... 14
14
B. The
B. The order
order granting
granting plaintiffs’ motion for
plaintiffs' motion for preliminary
preliminary injunctioninjunction
was effectively
was effectively an
an order
order granting
granting summary summary disposition
disposition for for plaintiffs
plaintiffs
and should
and should be
be reversed
reversed ................................................................................. 15
15
C.
C. Plaintiffs cannot show
Plaintiffs cannot show that
that they are likely
they are likely to
to prevail on the
prevail on the merits . 16
merits .16
Certificate of Compliance
Certificate of Compliance ...................................................................................... 20
20
2
Index of
Index of Authorities
Authorities
Cases
Cases
Bailey v
Bailey v Schaaf,
Schaaf, 494
494 Mich
Mich 595;
595; 835
835 NW2d 413 (2013)......................................
NW2d 413 (2013) 12
12
Busuito v
Busuito v Barnhill,
Barnhill, 337
337 Mich App 434;
Mich App 434; 976
976 NW2d 60 (2021)
NW2d 60 (2021) ......................... 13
13
Michigan AFSCME
Michigan AFSCME Council
Council 2525 v v Woodhaven-Brownstown
Woodhaven-Brownstown Sch Sch Dist,
Dist,
293 Mich
293 App 143
Mich App 143 (2011)
(2011) ................................................................................... 13
13
People v Babcock,
People v 469 Mich
Babcock, 469 247; 666
Mich 247; 666 NW2d 231 (2003)
NW2d 231 (2003) ................................... 12
12
People v Reincke,
People v Reincke, 261
261 Mich
Mich App
App 264;
264; 680
680 NW2d 923 (2004)
NW2d 923 (2004) .......................... 12
12
Pontiac
Pontiac Fire
Fire Fighters
Fighters Union
Union Loc 376 v
Loc 376 v City
City of of Pontiac,
Pontiac,
482 Mich
482 1; 753
Mich 1; 753 NW2d
NW2d 595595 (2008)
(2008) .................................................................... 13
13
Ronnisch Constr
Ronnisch Constr Group, Inc v
Group, Inc v Lofts on the
Lofts on Nine, LLC,
the Nine, LLC,
499 Mich
499 544; 886
Mich 544; 886 NW2d 113 (2016)
NW2d 113 (2016) ................................................................ 12
12
Sandstone Creek
Sandstone Solar, LLC
Creek Solar, LLC vv Township
Township of of Benton,
Benton,
335 Mich
335 App 683
Mich App 683 (2021)
(2021) ................................................................................... 16
16
Thermatool
Thermatool Corp v Borzym,
Corp v Borzym,
227 Mich
227 App 366;
Mich App 366; 575
575 NW2d 334 (1998)
NW2d 334 (1998) ........................................... 12,
12, 14,
14, 15
15
MCL 600.308(2)(c)
MCL 600.308(2)(c) ................................................................................................ 5
5
Other Authorities
Other Authorities
Beth Leblanc,
Beth Leblanc, Former Ambassador Pete
Former Ambassador Hoekstra Selected
Pete Hoekstra Selected to to Lead
Lead
Michigan GOP,
Michigan THE DETROIT
GOP, THE DETROIT N EWS, (Jan.
NEWS, (Jan. 20,20, 2024),
2024),
https://www.detroitnews.com/story/news/politics/
https://www.detroitnews.com/story/news/politics/
2024/01/20/former-ambassador-pete-hoekstra-selected-to-lead-michigan-
2024/ 01/ 20/former-ambassador-pete-hoekstra-selected-to-lead-michigan-
gop/72282097007/
gop/ 72282097007/ ............................................................................................... 9
9
Black’s Law
Black's Dictionary (11
Law Dictionary ed. 2019)
th ed.
(11th 2019) ............................................................ 13
13
Rules
Rules
MCR 3.310
MCR 3.310 ................................................................................................. 7, 10, 13
7, 10, 13
MCR 3.310(A)(1)
MCR 3.310(A)(1) ................................................................................................. 13
13
3
MCR 7.205(A)(1)
MCR 7.205(A)(1) ................................................................................................... 5
5
MCR 7.205(B)(2)
MCR 7.205(B)(2) ................................................................................................... 5
5
Constitutional Provisions
Constitutional Provisions
Mich. Const.
Mich. Art. 1,
Const. Art. 1, §
§ 10
10 .................................................................................... 14
14
4
Index of
Index Attachments
of Attachments
Attachment
Attachment Title
Title
1
1 Order Granting
Order Granting Plaintiffs’
Plaintiffs Motion for Preliminary
Motion for Preliminary
Injunction dated February 27, 2024
Injunction dated February 27, 2024
22 Register of Actions
Register of Actions
3
3 Letter
Letter to
to Court Reporter
Court Reporter
44 Complaint
Complaint
5
5 Plaintiff’s
Plaintiff's Motion for Preliminary
Motion for Preliminary Injunction
Injunction
66 Defendant’s Response
Defendant's Response to Motion for
to Motion for Preliminary
Preliminary
Injunction
Injunction
77 Email
Email dated February 28,
dated February 28, 2024
2024 from
from Matthew
Matthew DePerno
DePerno
to
to Kellie
Kellie L.
L. Howard re "Violation
Howard re “Violation of
of court's
court’s order."
order.”
8
8 Plaintiffs’ Hearing Exhibit
Plaintiffs' Hearing 11
Exhibit 11
9
9 Defendants’ Hearing
Defendants' Hearing Exhibit X
Exhibit X
11
11 Affidavit of
Affidavit of Justin
Justin Marcum,
Marcum, Excerpted from
Excerpted from
Defendant’s Hearing Exhibit
Defendant's Hearing Exhibit S S
5
Orders Appealed
Orders Appealed From and Jurisdictional
From and Jurisdictional Statement
Statement
Under MCL
Under 600.308(2)(c), this
MCL 600.308(2)(c), this Court has jurisdiction
Court has jurisdiction to hear
to hear
appeals by
appeals by leave
leave granted from interlocutory
granted from orders. Under
interlocutory orders. Under MCR
MCR
7.205(A)(1), an application
7.205(A)(1), an application for
for leave
leave to appeal is
to appeal is timely
timely if
if it is filed
it is filed within
within
twenty-one
twenty-one days of the
days of entry of
the entry of the order being
the order being appealed.2
appealed.2 This
This
application is
application is being
being timely
timely filed
filed within
within twenty-one
twenty-one days of the
days of February
the February
27, 2024
27, 2024 order.
order.
11 Attachment
Attachment 1, 1, Order
Order Granting
Granting Plaintiffs’
Plaintiffs' Motion for Preliminary
Motion for Preliminary
Injunction dated
Injunction February 27,
dated February 27, 2024.
2024.
2
2 MCR
MCR 7.205(B)(2) also requires
7.205(B)(2) also requires aa copy
copy of
of the
the Register of Actions,
Register of Actions, which
which is is
Attachment
Attachment 2. 2. Defendants-appellants
Defendants-appellants ordered
ordered aa copy
copy of
of the hearing
the hearing
transcript,
transcript, Attachment 3, Letter to Court Reporter, and will file it
Attachment 3, Letter to Court Reporter, and will file once
it once
it’s produced.
it's produced.
6
Statement of
Statement Questions Presented
of Questions Presented
1. Whether
1. Whether anan order
order granting
granting aa preliminary injunction can
preliminary injunction can apply
apply
retroactively to
retroactively to acts
acts that
that occurred
occurred before the issuance
before the issuance of the
of the
order?
order?
The trial
The court answered,
trial court answered, Yes.
Yes.
Plaintiff-appellee
Plaintiff-appellee presumably answer, Yes.
presumably answer, Yes.
Defendant-Appellant answers,
Defendant-Appellant answers, No.
No.
2. Whether
2. Whether aa preliminary injunction that
preliminary injunction that grants
grants the
the same
same relief
relief as
as
the applicant
the applicant would
would achieve
achieve if
if the
the matter is tried
matter is tried on the merits
on the merits is
is
valid?
valid?
The trial
The court answered,
trial court answered, Yes.
Yes.
Plaintiff-appellee
Plaintiff-appellee presumably answer, Yes.
presumably answer, Yes.
Defendant-Appellant answers,
Defendant-Appellant answers, No.
No.
3. Whether
3. Whether plaintiffs
plaintiffs have
have aa substantial
substantial likelihood of success
likelihood of success on the
on the
merits to support
merits to support anan order
order granting
granting their
their request
request for
for preliminary
preliminary
injunction?
injunction?
Plaintiff-appellee
Plaintiff-appellee presumably answer, Yes.
presumably answer, Yes.
Defendant-Appellant answers,
Defendant-Appellant answers, No.
No.
4. Whether
4. Whether plaintiffs’ alleged irreparable
plaintiffs' alleged irreparable harm
harm outweighs the harm
outweighs the harm
to defendants
to and the
defendants and the public interest in
public interest in order to support
order to support the
the
extraordinary remedy
extraordinary remedy of of aa preliminary injunction?
preliminary injunction?
The trial
The court answered,
trial court answered, Yes.
Yes.
Plaintiff-appellee
Plaintiff-appellee presumably answer, Yes.
presumably answer, Yes.
Defendant-Appellant answers,
Defendant-Appellant answers, No.
No.
7
Introduction
Introduction
The six Plaintiffs are among the 107 members of the Michigan
Republican State Committee. They allege that they voted to replace
2024. Karamo asserts that that vote was invalid. The plaintiffs filed a two-
count complaint to challenge Karamo’s
Karamo's title as chair under Committee's
Committee’s
bylaws. Among other things, the complaint sought declaratory relief that
Karamo was properly removed as Chair of the Committee, and that all
actions Karamo took after allegedly being removed as Chair on January 6,
2024 are void and have no force or effect.
things, that Karamo is prohibited from holding herself out as Chair and
the trial court specified that its order granting the motion for preliminary
8
The trial court's
court’s order granting plaintiff’s
plaintiff's motion for a preliminary
injunction was based on flawed factual findings, and exceeds the legally
cognizable remedies that may be awarded via preliminary injunction
injunction——
including, ordering retroactive application of injunctive relief. Given the
drastic impact of this order, including that the order, as it stands, voids a
Statement of
Statement of Facts
Facts
to step down.
down.44 When she didn’t
didn't step down, some members of the
Committee chose to take matters into their own hands.5
hands.5
policy reviewed the January 6, 2024 vote and found it invalid. The matter
then came before a full meeting of the state committee on January 13, 2024.
3
3 Attachment 4, Complaint, If⁋ 13.
r
4 Id. at ⁋⁋ 13-14, 26-27.
4
⁋⁋ 14-16.
5 Id. at mm
5
6 Id. at if
6 ⁋⁋ 36-49.
7 Id. at If⁋ 50.
7
9
2024 meeting as illegitimate. Nevertheless, the faction then allegedly
elected Peter Hoekstra as chair.8
chair.8 Karamo refused to recognize the faction's
faction’s
8
8 Beth Leblanc, Former Ambassador Pete Hoekstra Selected to Lead
Michigan GOP, THE THE DETROIT
DETROIT N EWS, (Jan. 20, 2024),
NEWS,
https://www.detroitnews.com/story/news/politics/2024/01/20/f
ormer-ambassador-pete-hoekstra-selected-to-lead-michigan-
ormer-amb assador-pete-hoekstra-selected-to-lead-michigan-
gop/72282097007/.
9 Attachment 4, Complaint, If
9
⁋ 58.
10
⁋⁋ 67-74.
1° Id. at ThTh
11 ⁋⁋ 67-69.
n Id. at ThTh
12
⁋⁋ 70-74.
12 Id. at if
10
e. The Petition calling for the removal of defendant as Chair
Meeting commenced;
Committee;
13 Attachment
13 5,
Attachment 5, Plaintiff’s Motion for
Plaintiff's Motion for Preliminary Injunction.
Preliminary Injunction.
14 id.,
14 Id., p 1.
p t
11
c. Determining that as of January 6, 2024, Defendant was removed as
plaintiffs’
plaintiffs' claims. For example Plaintiffs’
Plaintiffs' allege, and argue in their motion,
that Article IV(G)(2) of the Bylaws at the time of the January 6 meeting
plaintiff’s
plaintiff's motion for preliminary injunction on February 27, 2024, which
15Attachment
15Attachment 6, Defendant's
6, Defendant’s Response
Response to Motion for
to Motion for
Preliminary Injunction.
Preliminary Injunction.
16 Attachment
16 5, Plaintiffs’
Attachment 5, Plaintiffs Motion for Preliminary
Motion for Preliminary Injunction,
Injunction, p
p
6-7.
6-7.
17 Id., p
17 Id., p 7.
7.
12
essentially granted summary disposition of all of plaintiffs’
plaintiffs' claims. A
Republican party.
Critically, the trial court held that its order granting the motion for
preliminary injunction "has
“has retroactive application to any actions after
Standard of
Standard of Review
Review
A circuit court's
court’s decision to grant or deny a motion for a
Corp v Borzym, 227 Mich App 366, 372; 575 NW2d 334 (1998). A circuit
court abuses its discretion when its decision is beyond the range of
923 (2004), citing People v Babcock, 469 Mich 247, 269; 666 NW2d 231 (2003).
law.” Ronnisch Constr Group, Inc v Lofts on the Nine, LLC, 499 Mich 544, 552;
law."
question of law, which this Court reviews de novo. See Bailey v Schaaf, 494
13
Argument
Argument
Union Loc 376 v City of Pontiac, 482 Mich 1, 9; 753 NW2d 595 (2008).
because it enjoins actions that occurred before the order granting the
February 27, 2024 changes the status quo rather than maintaining the status
14
quo as of the time the injunction is ordered. The court's
court’s order nullifying
would violate the Ex Post Facto Clause of the Michigan Constitution. See,
(“No bill of attainder, ex post facto law or
e.g., Mich. Const. Art. 1, § 10 ("No
law impairing the obligation of contract shall be enacted.")
enacted.”) Like an ex post
trial court erred in granting relief via a preliminary injunction that "cannot
“cannot
18
18Attachment 7, Email
Attachment 7, Email dated February 28,
dated February 28, 2024
2024 from
from Matthew
Matthew
DePerno to
DePerno to Kellie L. Howard
Kellie L. Howard re
re "Violation
“Violation of
of court's
court’s order."
order.”
15
be undone if [the opposing party] should prevail at trial.”
trial." Id., at 378
“[W]e conclude that the trial court erred because, in granting the
(holding, "[W]e
preliminary injunction, it granted plaintiffs the relief that they would be
Chair, and voiding actions taken by Karamo after January 6, 2024. Like the
trial court's
court’s order in Thermatool, the effect of granting the relief requested
in plaintiffs’
plaintiffs' preliminary injunction in this case cannot be undone, even if
Karamo prevails at trial. By removing Karamo as Chair and voiding her
acts after January 6, 2024, the court has granted the relief that plaintiffs
Plaintiffs’
Plaintiffs' Hearing Exhibit 11 contains the signed petitions plaintiffs
submitted into evidence to support that they had the required 54
signatures to hold the meeting."
meeting.20 Yet Plaintiffs only submitted 53 signed
19
19 Id., p
Id., p 7.
7.
20
20 Attachment 8, Plaintiffs’
Attachment 8, Hearing Exhibit
Plaintiffs' Hearing 11.
Exhibit 11.
16
Toth and is a request to remove Dan Hartman as an Officer of the
Committee—not
Michigan Republican State Committee —not Karamo. Four signatories
were not in good standing for failure to pay their dues when they signed
the petitions. 21
petitions.21 Three signatories claimed their signatures were
Plaintiffs’
Plaintiffs' did not meaningfully refute these shortcomings in their
case. They did not call the members who asserted their signatures were
misappropriated to testify. They did not introduce 54 signed petitions into
evidence. Consequently, it was error for the trial court to conclude that the
preliminary injunction should issue given the evidence did not show a
21
21 Attachment 9, Defendants’
Attachment 9, Defendants' Hearing
Hearing Exhibit X.
Exhibit X.
22
22 Attachment 10, Defendants’
Attachment 10, Hearing Exhibit
Defendants' Hearing Exhibit JJ
23 Attachment
23 11, Affidavit
Attachment 11, Affidavit of
of Justin
Justin Marcum,
Marcum, Excerpted from
Excerpted from
Defendant’s Hearing
Defendant's Hearing Exhibit S.
Exhibit S.
17
consider when decided whether to grant a preliminary injunction: (1)
whether the applicant has shown that irreparable harm will occur without
the issuance of an injunction, (2) whether the harm to the applicant absent
As raised in defendant’s
defendant's summary disposition motion, this is an
intra-party dispute that should be resolved through the political process—
process —
not court intervention. As a practical example of the impact of the order,
some delegates may be sidelined. Ottawa County delegates, for example,
may be impacted because they did not submit credentials to both Karamo
Conclusion and
Conclusion and Relief
Relief Requested
Requested
consideration and review of this application, and that the trial court's
court’s
18
Collins Einhorn
Collins Farrell PC
Einhorn Farrell PC
BY:
BY: /s/ Donald
/s/ Donald D.
D. Campbell
Campbell
Donald D.
Donald D. Campbell
Campbell (P43088)
(P43088)
Kellie Howard
Kellie Howard (P69009)
(P69009)
4000 Town
4000 Town Center,
Center, 99th Floor
th Floor
Southfield, MI 48075
Southfield, MI 48075
(248) 355-4141
(248) 355-4141
[email protected]
[email protected]
[email protected]
[email protected]
Co-Counsel for Defendant
Co-Counsel for Defendant
Dated: February
Dated: February 28,
28, 2024
2024
19
Certificate of
Certificate Compliance
of Compliance
II certify
certify that
that the Defendant—Appellant’s
the Defendant Application for
—Appellant's Application for Leave to
Leave to
Appeal complies
Appeal complies withwith the
the type-volume limitation set
type-volume limitation set forth
forth inin MCR
MCR
7.212(B).
7.212(B). II am
am relying
relying on
on the word count
the word count of
of the word-processing system
the word-processing system
used
used to
to produce
produce this
this document. This brief
document. This brief uses
uses aa 12-point
12-point proportional
proportional
font (Book
font Antiqua), and
(Book Antigua), and the
the word
word count
count for
for this brief is
this brief is 2,535.
2,535.
Collins Einhorn
Collins Farrell PC
Einhorn Farrell PC
BY:
BY: /s/ Donald
/s/ Donald D.
D. Campbell
Campbell
Donald D.
Donald D. Campbell
Campbell (P43088)
(P43088)
Kellie Howard
Kellie Howard (P69009)
(P69009)
4000 Town
4000 Town Center,
Center, 99th Floor
th Floor
Southfield, MI
Southfield, MI 48075
48075
(248) 355-4141
(248) 355-4141
[email protected]
[email protected]
[email protected]
[email protected]
Co-Counsel for Defendant
Co-Counsel for Defendant
Dated: February
Dated: February 28,
28, 2024
2024
20