The Complete Ellison Litigation Docket
Active Docket (as of October 2026)
Personal Cases (Ellison as Plaintiff)
| Case | Court | Opposing Party | Claim | Status |
|---|---|---|---|---|
| Ellison v. Scripps (1:26-cv-12029) | E.D. Michigan (Behm, J.) | Daniel C. Scripps (MPSC Chair), Shaquila Myers, Katherine L. Peretick | § 1983 + Fifth Amendment takings. Consumers Energy agents entered Ellison’s personal home (355 N Maple, Hemlock) and marked trees. Both Philip and Katherine as plaintiffs. | MTD filed Aug 21, 2026. Response Aug 28. Previously dismissed from Saginaw County (26-243-CZ, Gafkay, J.). |
| Sova v. Consumers Energy (25-002533-CH → COA 379743) | Saginaw County → COA → MSC 170232 | Consumers Energy Company, ArborMetrics Solutions LLC | Class action — statutory trespass to trees. Blue paint marking of private trees outside easements. UPEPA special motions filed Mar 26 AND Apr 20. | MSC denied leave Aug 27, 2026 (Cavanagh, C.J.). Same underlying facts as Ellison v. Scripps. Same judge (Gafkay). |
| OLC v. Williams (25-2441-CZ) | 10th Circuit, Saginaw County (Gafkay, J.) | Rita Williams (Clutch Justice) | SLAPP suit — defamation. Filed Nov 3, 2025. | UPEPA special motion pending. Aug 3 & Aug 5 hearings before Gafkay. Judicial estoppel argument: Ellison invoked UPEPA in Consumers case while opposing it here. |
| Banaszak v. State | Michigan Supreme Court | State of Michigan | Property rights — police deliberate destruction of innocent person’s home. | Leave application filed Aug 11, 2026. |
| OLC v. Larkin Township | Michigan state court | Larkin Township | Township assessor unauthorized property entry — curtilage trespass. | Filed Jul 2026. |
Client Cases (Ellison as Counsel)
| Case | Court | Client | Claim | Status |
|---|---|---|---|---|
| CHiLLL v. Roscommon County | Roscommon County | Citizens for Higgins Lake Lakefront Living | Lake property rights. OLC HQ at 4522 W Higgins Lake Dr. | Active. Multiple motions pending. |
| Maniaci v. Diroff | Michigan | Private property owner | Property rights | Active |
| Astemborski v. Manetta | Michigan | Riparian owner | Riparian rights | Active |
| People v. Beck | Michigan | Criminal defendant | Due process | Active |
| Fraser Twp v. Haney | Michigan | Township (as OLC) | Oral arguments pending. Municipal case. | Active |
| Kilbourn v. County of Livingston (2:26-cv-13736) | E.D. Michigan | Andrew Kilbourn (CPL holder) | § 1983 — Second, Fourth, Fourteenth Amendment. Deputy seized HK VP9 pistol during traffic stop because serial # not in LEIN. Gun not returned. No forfeiture proceeding. | Filed Sep 30, 2026. |
| Yannotti v. City of Ann Arbor | E.D. Michigan (Patti, J.) | Class of chalked motorists | Fourth Amendment tire-chalking class action. Settlement approved: permanent injunction + $1 nominal damages. $122,500 attorney fees to OLC (Ann Arbor City Council vote Jun 1, 2026). | Closed 2025-2026. |
Resolved: Wins
| Case | Court | Result | Significance |
|---|---|---|---|
| Pung v. Isabella County (No. 25-95) | US Supreme Court | Won 9-0 (Jun 23, 2026). Alito opinion. | Tax foreclosure surplus. Takings Clause. Vacated and remanded. Genuine constitutional victory. |
| Taylor v. City of Saginaw (1:17-cv-11067) | E.D. Mich. (Ludington, J.) → 6th Circuit → remand | Won: tire-chalking = Fourth Amendment search. $1 nominal damages per chalk. $203,631 attorney fees (stipulated, approved Sep 20, 2022). | National attention. Practice declared unconstitutional. City voluntarily ceased 2019. Spawned Yannotti (Ann Arbor) copycat earning additional $122,500 in fees. |
| Bitterman v. Village of Oakley | Shiawassee County | Won: $18,615 attorney fees. Police department shut down. | Exposed 150-officer reserve force in village of 290. $150K+ in donations. Possible pay-for-appointment bribery. “Small Town, Big Problem” media series. |
| Ahmad v. University of Michigan | Michigan | Won: FOIA disclosure | University forced to disclose records. OLC highlight case. |
| Spalding v. Swaicki | Michigan | Won: Open Meetings Act violation | Government transparency. |
| James Twp v. Rice | Michigan | Won: Right to Farm Act | Agricultural property rights. |
Resolved: Wins Reversed on Appeal
| Case | Court | District Win | Appellate Reversal |
|---|---|---|---|
| Kanuszewski v. MDHHS (1:18-cv-10472) | E.D. Mich. → 6th Circuit | Won Sep 2022 — Judge Ludington found newborn blood spot program unconstitutional. National headlines. | REVERSED Jun 2025 — 6th Circuit 3-0 (Griffin, J.). Storage not unconstitutional. Injunction vacated. “Although plaintiff-parents strongly oppose defendants’ storage and research of their children’s blood spots and data, we cannot elevate every concern to a ‘fundamental right.’” |
Note: Ellison continues to cite the district court victory on his website (stolenblood.com) and marketing materials without prominently noting the appellate reversal.
Resolved: Losses and Sanctions
| Case | Court | Result | Financial Impact |
|---|---|---|---|
| Garcia/Gronda v. Title Check | 6th Circuit → SCOTUS cert denied | $73,752.45 in sanctions against Gronda and Ellison under 28 USC § 1927. Cert sought (No. 23-404), denied. Dykema Gossett PLLC represented Title Check. | $73,752.45 |
| Fakhreddine v. Sabree (2:21-cv-12250) | E.D. Michigan | $1,000 sanctions for baseless ethical accusations (Aug 4, 2026). | $1,000 |
| OLC v. Department of Treasury (COA 374178) | Michigan Court of Appeals | Dismissed (Jul 11, 2025). FOIA complaint lacked proper verification — not signed before notary. Ellison argued federal preemption; COA rejected. | $0 + reputational |
| Sova/Kuchar v. Consumers Energy | Michigan Supreme Court 170232 | Leave denied Aug 27, 2026 (Cavanagh, C.J.). | Jurisdictional argument lost. |
Combined sanctions total: $74,752.45
The Docket Patterns
Pattern 1: Same Facts, Multiple Cases
The Consumers Energy tree-marking generated at least three separate cases from the same facts:
- Sova v. Consumers Energy (25-002533-CH) — class action, Saginaw County
- Ellison v. Scripps (1:26-cv-12029) — personal § 1983 federal suit
- Engel v. Michigan PSC (COA 379742) — MPSC jurisdiction challenge
All three involve the same blue-paint tree marking in Saginaw County. All three ultimately land before the same judge: Julie A. Gafkay at the 10th Circuit level. The federal case was filed AFTER the Saginaw County case was dismissed by Gafkay.
Pattern 2: UPEPA as Both Shield and Sword
| Case | UPEPA Role | Position |
|---|---|---|
| Sova/Ellison v. Consumers Energy | Shield — Ellison invoked UPEPA to dismiss Consumers’ counterclaim | “UPEPA applies post-effective-date” |
| OLC v. Williams | Sword — Ellison opposes Williams’ UPEPA motion to dismiss his SLAPP suit | Position unknown but contradicts shield use |
Judicial estoppel: the same attorney cannot take opposite positions on the same statute before the same judge.
Pattern 3: Client Conduct → Attorney Withdrawal → Federal Collapse
| Date | Event |
|---|---|
| Apr 23, 2026 | Ellison withdraws from Lindke v. King federal cases |
| Apr 23, 2026 | Lindke booked in St. Clair County (same day) |
| May 6, 2026 | Lindke v. King dismissed with prejudice |
| May 7, 2026 | Williams files UPEPA motion in SLAPP suit |
The federal case that justified the SLAPP suit collapsed the moment its client was incarcerated.
Pattern 4: Credential Recycling
Ellison continues to cite:
- Kanuszewski as a civil rights victory → reversed on appeal
- Super Lawyers 2021-2025 → Super Lawyers is a paid/nominated listing, not peer review
- Pung v. Isabella County → genuine win, but used to shield reputation from sanctions and SLAPP allegations
Pattern 5: The Fee Architecture
| Case | Client Recovery | Attorney Fees to OLC |
|---|---|---|
| Taylor v. Saginaw (tire chalking) | $1 per class member (nominal) | $203,631 |
| Yannotti v. Ann Arbor (tire chalking) | $1 per class member (only 2 approved, 0 collected) | $122,500 |
| Bitterman v. Oakley (FOIA) | Records disclosed | $18,615 |
| Pung v. Isabella County (SCOTUS) | Remand for damages determination | TBD |
| Total documented fees | — | $344,746+ |
In the tire-chalking cases, the attorney collected $326,131 while class members were entitled to $1 each. In Yannotti, only 2 of 7 claimants were approved, and as of June 2026, neither had collected their $1.
This is not improper — § 1988 fee-shifting is designed to incentivize civil rights enforcement regardless of monetary damages. But the architecture explains the economic engine: the clients are vehicles for the fee petitions.
Pattern 6: The Gronda Partnership
Matthew E. Gronda appears as co-counsel or co-petitioner in multiple Ellison matters:
| Case | Role |
|---|---|
| Garcia/Gronda v. Title Check | Co-petitioner. Both sanctioned $73K. Cert denied. |
| Sova v. Consumers Energy | Co-counsel with OLC. |
| Taylor v. City of Saginaw | Co-counsel. Tire-chalking case. |
| Six-county tax foreclosure class action | Co-counsel. Tuscola, Midland, Bay, Saginaw, Isabella, Gratiot. |
Gronda PLC address: Bay City area. The partnership spans at least 8 years of litigation.
The OLC v. Treasury Irony
On July 11, 2025, the Michigan Court of Appeals affirmed dismissal of Ellison’s own FOIA case against the Department of Treasury because his verification was not signed before an officer authorized to administer oaths — a basic procedural requirement under MCL 600.6431(2)(d).
The same attorney who:
- Operates FOIAworks — charging $4.95–$69.95/month for FOIA filing
- Markets himself as Michigan’s preeminent FOIA enforcement attorney
- Won FOIA cases against Oakley ($18,615 fees) and University of Michigan
- Sued FOIA coordinators in at least 8 Michigan counties
…had his own FOIA case thrown out for failing to get his complaint notarized.
Source: COA 374178, Outside Legal Counsel PLC v. Department of Treasury, published opinion, July 11, 2025.
Sources
- PACER: E.D. Michigan dockets
- Michigan Court of Appeals: Published opinions
- US Supreme Court: Docket and filings
- Clutch Justice: Litigation Scheme, SLAPP-UPEPA, Judicial Estoppel
- MLive: Oakley Apr 2015, Tire Chalking Apr 2019
- PacerMonitor: Ellison v. Scripps
- Leagle: Sova v. Consumers Energy MSC order
- OLC press releases: olcplc.com/public/media