07.26.2023: Miller v MDHHS
Today's Filings: Second Amended Complaint, Preliminary Witnesses List and Motion for Vaughn Index
Note to subscribers: I’m back after being shadow banned by Substack. Last weekend, the platform admitted to erroneously misclassifying my blog as “spam” — which secretly made me invisible to others, even though everything looked normal on my end while logged in. You can read about my experience here.
This is just a quick update about Miller v MDHHS, which is a Freedom of Information Act lawsuit filed by me against the Michigan Department of Health and Human Services, seeking public records related to the department’s work with global consulting firm McKinsey & Company during the pandemic. The case is litigated by attorney Philip L. Ellison, Esq., of Outside Legal Counsel, PLC, who specializes in FOIA litigation. (You can read about the lawsuit’s history here.)
SECOND AMENDED COMPLAINT
This morning, with the judge’s leave granted, my attorney, Philip L. Ellison, filed a Second Amended Complaint with the Michigan Court of Claims, adding his name to the complaint as my legal counsel along with a fifth count arguing MDHHS “wrongfully withheld and/or failed to produce responsive public record(s) which Plaintiff is entitled to receive under Michigan’s Freedom of Information Act” related to my FOIA request at issue in this case. The amended complaint also includes a request for attorney’s fees.
Because I’m no longer able to attach PDF files to my Substack posts, you can read the Second Amended Complaint over on DocumentCloud.
PLAINTIFF’S INITIAL WITNESS LIST
In addition to the amended complaint, Ellison filed the Plaintiff’s Initial Witness List this morning, which includes a list of individuals that could potentially be called as witnesses to obtain information as necessary for the case to proceed.
Again, head over to DocumentCloud to view that filing.
MOTION FOR VAUGHN INDEX
This afternoon, Ellison also filed a motion requesting the production of a Vaughn Index — a document that is prepared by government bodies which are opposing the disclosure of information requested under the FOIA. (You can learn more about Vaughn Indices at FOIA.Wiki). In that filing, Ellison requested an oral argument.
You can read the Motion for Vaughn Index on DocumentCloud.
I’ll keep everyone updated as the case proceeds.
— em