Tulloch v. Jackson, City of

Filing 9

STIPULATED ORDER AND CONSENT JUDGMENT Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT F. TULLOCH,
Plaintiff,

HON. GEORGE CARAM STEEH
Magistrate Judge MARK A. RANDOM
Case No.: 2:12-CV-12055

vs.
CITY OF JACKSON, MICHIGAN,
a municipal corporation,
Defendant.

ROBERT F. TULLOCH
In Pro Per
7629 Coon Hill Road
Munith, MI 49259
[phone]
[e-mail]

JULIUS A. GIGLIO (P32022)
Office of the City Attorney
City of Jackson, Michigan
161 West Michigan Avenue
Jackson, MI 49201
[phone]
[e-mail]

JAMES E. TAMM (P38514)
Co-Counsel for Defendant
40701 Woodward Avenue, Ste. 105
Bloomfield Hills, MI 48304
[phone]
[e-mail]

STIPULATED ORDER AND CONSENT JUDGMENT
Plaintiff Robert F. Tulloch and the City of Jackson, Michigan, by and through its
attorneys hereby stipulate that:
A.

The parties enter into this Stipulated Order and Consent Judgment for the purpose

of settling this litigation.
B.

On May 7, 2012, Plaintiff commenced this action by filing a Complaint for

Declaratory Judgment against the City of Jackson.

C.

The City of Jackson hereby agrees that it shall not enforce certain provisions of

the following sections of §10.3 of the City Charter:
(1)

The requirement that the petition circulator shall be a registered elector of the city

at the time the petition is signed by the circulator;
(2)

The requirement to include the Ward of the signers of the petitions.

Plaintiff and the City of Jackson agree that this Court should enter this Stipulated Order
and Consent Judgment. All parties having agreed to this Order and Judgment, it is HEREBY
ORDERED, ADJUDICATED, AND DECREED that:
1.

The requirement that the petition circulator shall be a registered elector of the city

at the time the petition is signed by the circulator is unenforceable against any party, group, or
individual.
2.

The requirement to include the Ward of the signers of the petitions is an

unnecessary impediment to the process of collecting valid signatures shall not be enforced
against any party, group, or individual.
3.

Plaintiff Robert F. Tulloch’s challenge to the Affidavit requirement of §10.3 of

the Jackson City Charter is hereby dismissed with prejudice.
4.

This Order shall resolve all claims between the parties and there shall be no costs

or attorneys’ fees to either party.
/S/ Robert F. Tulloch
ROBERT F. TULLOCH
Plaintiff, In Pro Per
7629 Coon Hill Road
Munith, MI 49259
[phone]
[e-mail]

/S/ James E. Tamm
JAMES E. TAMM (P38154)
Co-Counsel for Defendant
40701 Woodward Avenue, Ste. 105
Bloomfield Hills, MI 48302
[phone]
[e-mail]

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/S/ Julius A. Giglio
JULIUS A. GIGLIO (P32022)
Office of the City Attorney
161 West Michigan Avenue
Jackson, MI 49201
[phone]
[e-mail]

IT IS SO ORDERED.

s/George Caram Steeh
United States District Judge
Dated: October 3, 2012

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