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HRT Enterprises v. City of Detroit

United States District Court, E.D. Michigan, Southern Division

August 31, 2017

HRT ENTERPRISES, a Michigan partnership, Plaintiff,
v.
CITY OF DETROIT, a Michigan municipal corporation, Defendant.

          ORDER

          AVERN COHN UNITED STATES DISTRICT JUDGE.

         I.

         This is an inverse condemnation case. Pending is

Defendant, City of Detroit's Motion for Certification Pursuant to 28 USC §1292 and Fed.R.Civ.P. 54(b) and/or Modification and Confirmation of Judgment Under Fed.R.Civ.P. 58 (Doc. 99)

         On July 24, 2017, the Court stayed action on the motion (Doc. 116). The stay is VACATED. On September 20, 2017, the Court will hear further arguments on the motion.

         II.

         In the order staying action on the motion, the Court observed that plaintiff says the date of the “take” is January 01, 2009, i.e., the date “the situation became stabilized.” Earlier, on August 13, 2015, the Court in its Memorandum and Order Granting Plaintiff's Motion for Summary Judgment on Liability (Doc. 26), found that the City has effectively acquired HRT's property (Doc. 63). The order was not accompanied by a partial summary judgment.

         Plaintiff, to establish January 01, 2009, as the date of the “take” has filed the following papers:

(1) Plaintiff, HRT Enterprises' Exhibit List Re: Date of Taking (Doc. 113)
(2) Offer of Proof Regarding Date of Taking (Doc. 117).

         With regard to these papers, the Court notes that the exhibit list is not in chronological order, and vaguely describes many of the exhibits. Also, there is no appendix containing a copy of each of the exhibits.

         III.

         Defendant has not provided the Court with either the form of the order they request, ...


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