Federal Deposit Insurance Corporation v. Katzowitz et al

Filing 38

ORDER granting 34 Motion for Alternate Service. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for CITIZENS
STATE BANK, a Michigan banking
institution,
Case No. 2:10-CV-11057-PJD-MKM
Plaintiff,
Hon. Patrick J. Duggan
Magistrate Judge Mona K Majzoub
vs.
A. LEWIS KATZOWITZ, an individual,
and JOSEPH P. ZADA, an individual,
Defendants.
____________________________________________________________________________/
BENJAMIN J. ALOIA (P54424)
THOMAS G. COSTELLO (P42973)
ALOIA & ASSOCIATES
SHAWN Y. GRINNEN (P62569)
Attorneys for Defendant Zada
Lipson, Neilson, Cole, Seltzer & Garin, P.C.
48 S. Main Street
Attorneys for Plaintiff FDIC
Mount Clemens, MI 48043
3910 Telegraph Road, Suite 200
Bloomfield Hills, Michigan 48302
FRANCIS J. HEARSCH, JR. (P14800)
Schienke, Staugaard & Hearsch
MARK MERLANTI (P35804)
Co-Counsel for Defendant Katzowitz
Finkel Whitefield Selik
85 Macomb Place
Attorneys for Defendant Katzowitz
Mt. Clemens, MI 48043
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
[phone]
ORDER GRANTING FDIC, AS RECEIVER FOR CITIZENS STATE BANK’S, EXPARTE MOTION FOR ALTERNATE SERVICE OF SUBPOENA UPON
WALTER ZAREMBA AND YVONNE ZAREMBA
Upon reviewing the FDIC, as Receiver for Citizens State Bank’s (“FDIC-R”), Ex Parte
Motion for Alternate Service of Subpoena Upon Walter Zaremba and Yvonne Zaremba, as well as
the Affidavit of Attempted Service that was attached thereto, and with the Court being otherwise
fully advised in the premises;
NOW THEREFORE,
IT IS HEREBY ORDERED that the FDIC-R’s Ex Parte Motion for Alternate Service of
Subpoena Upon Walter Zaremba and Yvonne Zaremba is Granted.

IT IS HEREBY FURTHER ORDERED that the FDIC-R shall serve Walter Zaremba with
a subpoena compelling his attendance for deposition by each of the following methods: (1) attaching
a copy of the subpoena to the front door of the residence located at 8692 M 32 Highway, Elmira, MI
49730, (2) by mailing a copy of the subpoena, via first class regular mail, to 8692 M 32 Highway,
Elmira, MI 49730; and (3) mailing a copy of the subpoena, via first class regular mail, to Walter
Zaremba’s last known attorney, Leonard K. Berman, Esq., 24255 W. 13 Mile Rd., Suite 270,
Bingham Farms, MI 48025.
IT IS HEREBY FURTHER ORDERED that the FDIC’R shall serve Yvonne Zaremba
with a subpoena compelling her attendance for deposition by each of the following methods: (1)
attaching a copy of the subpoena to the front door of the residence located at 8692 M 32 Highway,
Elmira, MI 49730, (2) by mailing a copy of the subpoena, via first class regular mail, to 8692 M 32
Highway, Elmira, MI 49730; and (3) mailing a copy of the subpoena, via first class regular mail, to
Brendan Frey, Esq., counsel for the Zaremba Group LLC, located at 1361 E. Big Beaver Rd., Troy,
MI 48083.
IT IS HEREBY FURTHER ORDERED that the deposition dates set forth in the
subpoenas may be adjourned/changed if required to accommodate scheduling conflicts and that
notice of any such adjournment/change may be served upon Walter Zaremba and Yvonne Zaremba
via regular first class mail to 8692 M 32 Highway, Elmira, MI 49730.
S/Patrick J. Duggan
Patrick J. Duggan
United States District Judge
Dated: May 13, 2011
I hereby certify that a copy of the foregoing document was served upon counsel of
record on May 13, 2011, by electronic and/or ordinary mail.
S/Marilyn Orem
Case Manager