United States District Court, E.D. Michigan, Southern Division
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
State Court Cases
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).
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).
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.).
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.)
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.)
The January 9, 2019 Scheduling Conference and
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).
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.
Documents to ...