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Diamond v. Genesee County Land Bank

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

January 13, 2020

EARL DIAMOND, Plaintiff
v.
GENESEE COUNTY LAND BANK, Defendant.

          District Judge Linda V. Parker

          CASE MANAGEMENT SCHEDULING ORDER AND ORDER DIRECTING THE CLERK OF THE COURT TO STRIKE CERTAIN FILINGS FROM THE RECORD AND DENYING PLAINTIFF'S MOTION TO HAVE DEFENDANT STATE ITS LEGAL FEES AND COSTS (ECF NO 44)

          ANTHONY P. PATTI, UNITED STATES MAGISTRATE JUDGE

         A. State Court Cases

         On November 10, 2014, Earl M. Diamond filed a lawsuit against Angela Swain, Cornell Jones, Genesee County Land Bank Authority (GCLBA), and the Genesee County Treasurer. It appears that the court granted GCLBA and Treasurer's motion for summary disposition in January 2015. It also appears that Diamond was engaged in settlement negotiations with Swain and Jones, at least from February 2015 to January 2016. See No. 14-103809-CH (Genesee County 7th Circuit Court).

         The instant case stems from the events of March 20, 2019, when Diamond claims to have entered into a consent judgment in state court. (ECF No. 8, PageID.23.) On June 20, 2019, the GCLBA filed a complaint for termination of tenancy. A bench trial was conducted on June 26, 2019, July 3, 2019, and July 24, 2019, after which the Court entered a dismissal without prejudice. From August 13-15, 2019, an order of eviction was entered, the motion to set aside default judgment was denied, and an order to stay proceedings was entered. No. C19G4151LT (Genesee County 67th District Court).

         B. Bankruptcy Case

         Meanwhile, on May 29, 2019, Diamond filed a Chapter 7, voluntary bankruptcy petition. No. 4:19-bk-31316-jda (Bank. E.D. Mich.). On September 4, 2019, Bankruptcy Judge Joel D. Applebaum entered an order denying Debtor's motion to set aside order vacating interim order granting debtor's motion to impose automatic stay and lifting automatic stay. Shortly thereafter, Diamond filed a bankruptcy appeal, which remains pending. No. 5:19-cv-12694-JEL-MJH (E.D. Mich.).

         C. Instant Case

         On August 15, 2019, Plaintiff filed the instant lawsuit against the Genesee County Land Bank (GCLB). He represents himself, and the Court has granted his application to proceed in forma pauperis. (ECF Nos. 2, 9.)

         In his September 26, 2019 amended complaint, Plaintiff mentions the above-described state court cases. (ECF No. 8, PageID.26, 28 ¶¶ 5, 9.) Generally, Plaintiff alleges that GCLB has violated his civil rights. (ECF No. 8, PageID.23.)

         D. The January 9, 2019 Scheduling Conference and Hearing

         On December 4, 2019, Judge Parker referred this case to me for pretrial matters. (ECF No. 30.) I entered a notices to appear on January 9, 2020 at 10:00 a.m. for a scheduling conference and a motion hearing on Plaintiff's motion for injunctive relief (ECF No. 23), as to which Defendant has filed a response (ECF No. 31). (ECF Nos. 35, 36, 42.) Each of these notices was served upon Plaintiff at his address of record (3115 Dale Ave., Flint, MI 48506).[1]

         Attorneys Charles A. Grossmann and Peter E. Goodstein appeared on behalf of Defendant GCLB. By 10:30 a.m., at which time Plaintiff had yet to appear, the Court began the hearing. As noted on the record, Plaintiff's November 25, 2019 motion for injunctive relief (ECF No. 23) is TAKEN UNDER ADVISEMENT, and my related report and recommendation will issue under separate cover.

         E. Documents to ...


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