Original - Court 2nd copy - Plaintiff Approved, SCAO 1st copy - Defendant 3rd copy - Return STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT 000034 Court of Claims JUDICIAL CIRCUIT SUMMONS 21 - - MZ COUNTY PROBATE Cynthia D. Stephens Court address Court telephone no. Hall of Justice, 925 W. Ottawa St., P.O. Box 30022, Lansing, MI 48909-7522 (517) 373-0807

Plaintiff’s name(s), address(es), and telephone no(s). Defendant’s name(s), address(es), and telephone no(s). Charles LeDuff Michigan Department of Health and Human Services 333 S. Grand Ave v P.O. Box 30195 Lansing, MI 48909

(517) 241-3740 Plaintiff’s attorney, bar no., address, and telephone no. Derk A. Wilcox (P66177) Mackinac Center Legal Foundation 140 Main Street Midland, MI 48640 (989) 631-0900

Instructions: Check the items below that apply to you and provide any required information. Submit this form to the court clerk along with your complaint and, if necessary, a case inventory addendum (form MC 21). The summons section will be completed by the court clerk.

Domestic Relations Case There are no pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family members of the person(s) who are the subject of the complaint. There is one or more pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family members of the person(s) who are the subject of the complaint. I have separately filed a completed confidential case inventory (form MC 21) listing those cases. It is unknown if there are pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family members of the person(s) who are the subject of the complaint.

Civil Case This is a business case in which all or part of the action includes a business or commercial dispute under MCL 600.8035. RECEIVED by MCOC 3/9/2021 2:04:25 PM MDHHS and a contracted health plan may have a right to recover expenses in this case. I certify that notice and a copy of the complaint will be provided to MDHHS and (if applicable) the contracted health plan in accordance with MCL 400.106(4). ✔ There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has

been previously filed in this court, Court, where

it was given case number and assigned to Judge .

The action remains is no longer pending.

Summons section completed by court clerk. SUMMONS

NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified: 1. You are being sued. 2. YOU HAVE 21 DAYS after receiving this summons and a copy of the complaint to file a written answer with the court and serve a copy on the other party or take other lawful action with the court (28 days if you were served by mail or you were served outside this state). 3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint. 4. If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements. Issue date Expiration date* Court clerk M0 0 *This summons is invalid unless served on or before its expiration date. This document must be sealed by the seal of the court.

MC 01 (9/19) SUMMONS MCR 1.109(D), MCR 2.102(B), MCR 2.103, MCR 2.104, MCR 2.105 SUMMONS 21 - 000034-MZ - PROOF OF SERVICE Case No. TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date of filing or the date of expiration on the order for second summons. You must make and file your return with the court clerk. If you are unable to complete service you must return this original and all copies to the court clerk.

CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE OFFICER CERTIFICATE OR AFFIDAVIT OF PROCESS SERVER I certify that I am a sheriff, deputy sheriff, bailiff, appointed Being first duly sworn, I state that I am a legally competent court officer, or attorney for a party (MCR 2.104[A][2]), adult, and I am not a party or an officer of a corporate and that: (notarization not required) party (MCR 2.103[A]), and that: (notarization required)

I served personally a copy of the summons and complaint, I served by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint,

together with List all documents served with the summons and complaint on the defendant(s):

Defendant’s name Complete address(es) of service Day, date, time

I have personally attempted to serve the summons and complaint, together with any attachments, on the following defendant(s) and have been unable to complete service. Defendant’s name Complete address(es) of service Day, date, time RECEIVED by MCOC 3/9/2021 2:04:25 PM

I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Service fee Miles traveled Fee Signature $ $

Incorrect address fee Miles traveled Fee TOTAL FEE Name (type or print) $ $ $ Title Subscribed and sworn to before me on , County, Michigan. Date My commission expires: Signature: Date Deputy court clerk/Notary public Notary public, State of Michigan, County of

ACKNOWLEDGMENT OF SERVICE I acknowledge that I have received service of the summons and complaint, together with Attachments on Day, date, time on behalf of . Signature STATE OF MICHIGAN COURT OF CLAIMS

CHARLES LEDUFF,

Plaintiff, Case No.: 21-______-MZ000034

v. Hon. Cynthia D. Stephens

THE MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES, a Complaint state public body.

Defendant.

______Derk A. Wilcox (P66177) Stephen A. Delie (P80209) Patrick J. Wright (P54052)

RECEIVED by MCOC 3/9/2021 2:04:25 PM Mackinac Center for Public Policy Attorneys for Plaintiff 140 West Main Street Midland, MI 48640 (989) 631-0900 – voice (989) 631-0964 – fax [email protected] ______

COMPLAINT ______There is no other pending or resolved civil action arising out of the same transaction or occurrence alleged in the complaint.

NOW COMES Plaintiff, Charles LeDuff, by and through his attorneys, The Mackinac

Center Legal Foundation, and for his Complaint alleges and states as follows:

INTRODUCTION

Page 1 of 18 RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM subject,2 Michigan’s citizens have openly protested the Governor’s actions,3 and the

former President of the United States has specifically called for an investigation into

Michigan’s nursing home COVID-19 policies.4 Furthermore, the controversy surrounding

New York Governor Andrew Cuomo’s similar orders and the deaths resulting therefrom

have become a matter of national controversy.5 An adequate understanding of Michigan’s

2 See, e.g., The Detroit News, Editorial: Whitmer’s Nursing Home Data Should Be Examined, Detroit News (Mar 1, 2021), available at: https://www.detroitnews.com/story/opinion/editorials/2021/03/02/editorial-whitmers-nursing- home-data-examine/6870364002/; Bernstein, Michigan GOP Calls for Investigation into Whitmer’s COVID Nursing Home Policy, National Review (March 1, 2021), available at: https://www.nationalreview.com/news/michigan-gop-calls-for-investigation-into-whitmers- covid-nursing-home-policy/; VanderWall, Michigan Needs to Investigate its Own Nursing Home Tragedy, Detroit Free Press (Feb 25, 2021), available at: https://www.freep.com/story/opinion/contributors/2021/02/25/michigan-covid-nursing-homes- deaths-investigation/6812892002/; Jones and Kamp, Coronavirus Deaths Were Likely Missed in Michigan, Death Certificates Suggest, Wall Street Journal (May 21, 2020), available at: https://www.wsj.com/articles/coronavirus-deaths-were-likely-missed-in-michigan-death- RECEIVED by MCOC 3/9/2021 2:04:25 PM certificates-suggest-11590073280 All last accessed March 8, 2021. 3 Dodge, Steven Crowder, 1000-Plus Protestors Demand More Nursing Home Death Data at Michigan Capitol, MLive (Oct 2, 2020), available at: https://www.mlive.com/public- interest/2020/10/steven-crowder-1000-plus-protesters-demand-more-nursing-home-death-data- at-michigan-capitol.html. Last accessed March 8, 2021 4 Kamp, Gurman, and Mathews, Trump Administration Seeks Data on Covid-19 Nursing Home Deaths in Four States, Wall Street Journal (Aug 27, 2020), available at: https://www.wsj.com/articles/trump-administration-seeks-data-on-covid-19-nursing-home- deaths-in-four-states-11598558780. Last accessed March 8, 2021. 5 See, e.g. Warner, Andrew Cuomo’s Nursing Home Shield Means ‘They Got Away With Killing Our Mom,’, Newsweek (March 3, 2021), available at: https://www.newsweek.com/andrew- cuomos-nursing-home-shield-means-they-got-away-killing-our-mom-1573307; Hogan, Campanile, and Golding, Cuomo Aide Melissa DeRosa Admits They Hid Nursing Home Data So Feds Wouldn’t Find Out, New York Post (Feb 11, 2021), available at: https://nypost.com/2021/02/11/cuomo-aide-admits-they-hid-nursing-home-data-from-feds/; Katersky, New York Gov. Andrew Cuomo Under Investigation for Nursing Home Deaths, ABC News (Feb 17, 2021), available at: https://abcnews.go.com/Politics/york-gov-andrew-cuomo- investigation-nursing-home-deaths/story?id=75960261. All last accessed on March 8, 2021. Page 10 of 18

RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM RECEIVED by MCOC 3/9/2021 2:04:25 PM STATE OF MICHIGAN COURT OF CLAIMS Bundle Cover Sheet Lower Court: L Ct No.: COC No.: TEMP-D69Q2BVJ Case Title: CHARLES LEDUFF v. MICHIGAN DEPARTMENT OF HEALTH AND HUMAN Priority: Filing Option: NONE File Only Filer Information Filer Attorney Derk Wilcox Derk Wilcox, 66177(MI) 140 West Main Street 140 West Main Street Midland, MI 48640 Midland, MI 48640 [email protected] [email protected] Filing Summary Filing Type Filing Name Fee Notice 2021 03 09 Notice Letter $0.00 Other MC 01, Summons $0.00 Complaint 2021.03.09 MDHHS FOIA Complaint (Executed) $150.00 eFiling System Fee: $25.00 NON-REFUNDABLE Automated Payment Service Fee: $5.25 Total: $180.25 Alternate Payment Reason: None RECEIVED by MCOC 3/9/2021 2:04:25 PM

The document(s) listed above were electronically filed with the Michigan Court of Claims.

TEMP-D69Q2BVJ-10540224