American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 38

JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 29 Notice of Appeal filed by Beth Gibbons, John Hertel, Suburban Mobility Authority For Regional Transportation (SMART) - Disposition: the district courts grant of preliminary injunction is REVERSED. [Appeal Case Number 11-1538] (KKra)

Case: 11-1538

Document: 006111476592

Filed: 10/25/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Deborah S. Hunt
Clerk

100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Filed: October 25, 2012

Mr. Anthony K. Chubb
Mr. Avery Elliot Gordon
SMART
535 Griswold Street
Suite 600
Detroit, MI 48226
Mr. Christian Edward Hildebrandt
Mr. John Joseph Lynch III
Vandeveer Garzia
1450 W. Long Lake Road, Suite 100
Troy, MI 48098
Ms. Erin Elizabeth Mersino
Thomas More Law Center
P.O. Box 393
Ann Arbor, MI 48106
Mr. Robert Joseph Muise
American Freedom Law Center
P.O. Box 131098
Ann Arbor, MI 48113
Mr. David E. Yerushalmi
Law Offices of David Yerushalmi
P.O. Box 6358
Chandler, AZ 85246
Re:

Case No. 11-1538, AFDI, et al v. SMART, et al
Originating Case No. : 2:10-cv-12134

Tel. [phone]
www.ca6.uscourts.gov

(1 of 18)

Case: 11-1538

Document: 006111476592

Filed: 10/25/2012

Page: 2

Dear Counsel,
The court today announced its decision in the above-styled case.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

Cathryn Lovely
Deputy Clerk
cc: Mr. David J. Weaver
Enclosures
Mandate to issue.

(2 of 18)

Case: 11-1538

Document: 006111476585

Filed: 10/25/2012

Page: 1

(18 of 18)

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 11-1538

FILED
Oct 25, 2012

AMERICAN FREEDOM DEFENSE INITIATIVE;
PAMELA GELLER; ROBERT SPENCER,
Plaintiffs - Appellees,

DEBORAH S. HUNT, Clerk

v.
SUBURBAN MOBILITY AUTHORITY FOR REGIONAL
TRANSPORTATION (SMART); JOHN HERTEL,
individually and in his official capacity as General Manger
of SMART; BETH GIBBONS, individually and in her
official capacity as Marketing Program Manager of SMART,
Defendants - Appellants,
GARY I. HENDRICKSON, individually and in his official
capacity as Chief Executive of SMART,
Defendant.
Before: ROGERS and KETHLEDGE, Circuit Judges; MARBLEY, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of preliminary
injunction is REVERSED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk