Gehringer et al v. DePalma et al

Filing 34

NOTICE OF HEARING and ORDER Setting Prerequisites for Oral Argument re: 26 MOTION to Dismiss filed by Rachelle Gehringer, Andrew Gehringer, Premier Animal Attractions, Inc.., ( Motion Hearing set for 5/18/2016 11:00 AM before Magistrate Judge Anthony P. Patti)--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANDREW GEHRINGER,
RACHELLE GEHRINGER
and PREMIER ANIMAL
ATTRACTIONS, INC.,

Case No. 2:15-cv-11740
District Judge Paul D. Borman
Magistrate Judge Anthony P. Patti

Plaintiffs,
v.
ROBERT DEPALMA and
TOWNSHIP OF
GROVELAND,
Defendants.
___________________________________/
NOTICE OF HEARING ON PLAINTIFFS’ MOTION TO DISMISS (DE 26)
and ORDER SETTING PREREQUISITES FOR ORAL ARGUMENT
The Court having reviewed the briefs of the parties with respect to the abovereferenced motion, and determining that the Court needs additional information in
order to make its report and recommendation, the Court orders the following:
1. The parties shall appear for oral argument on Plaintiffs’ pending motion to
dismiss (DE 26) at a hearing to be held in the courtroom of the undersigned
judicial officer, on the sixth floor of the Theodore Levin United States
Courthouse in Detroit, on Wednesday, May 18, 2016 at 11:00 a.m.
2. Prior to appearing for the hearing, the parties must comply with subpart (E)
of my “Motion Practice” guidelines, which appear on the Court’s website

(www.mied.uscourts.gov), by continuing “to discuss resolution of their
dispute” and filing a “Statement of Resolved and Unresolved Issues” with
the Court, which specifically and separately addresses each request for legal
or equitable relief which has been pleaded by the respective parties (see DE
4 ¶¶ 36, 43, 48, 53 & 59 and DE 14 at 11-12 ¶¶ A-H ) and either stipulates to
the mootness of the request or briefly explains the bases for the respective
parties’ opposing positions with respect to mootness. The parties must also
inform the Court as to whether the counter defendants agree that the
operation of any exotic animal business on the subject property in the future
would violate the “Dangerous, Wild or Exotic Animals” Groveland
Township ordinances at issue in this case (§§ 54 – 1111 - 54-1116) (DE 312) and/or the Rural Estate/Farm (RE/F) District Groveland Township zoning
ordinances at issue in this case (§§ 54 – 111 – 54-115) (DE 31-1). The page
limitation for this combined document is extended from the usual 5 pages to
7 pages.
3. In addition to the items which must be addressed in the joint Statement of
Resolved and Unresolved Issues, at oral argument: (a) Plaintiffs should be
prepared to explain whether the animals identified in ¶ 9 of the First
Amended Complaint (DE 4) meet the definition of “farm products,” as set
forth in the Michigan Right to Farm Act, Mich. Comp. Laws §§ 286.471, et

seq.; and (b) Defendants should be prepared to explain whether any of their
counterclaims can remain pending for independent adjudication in the
absence of Plaintiffs’ claims, pursuant to Fed. R. Civ. P. 41(a)(2).
4. Plaintiffs must permit Defendants’ representative and their counsel to
inspect and photograph the “Subject Property” (see DE 14 at 3) on a
mutually agreeable date and time, but in no case later than May 12, 2016 at
5:00 p.m. Any photographs taken by Defendants at this inspection must be
provided to Plaintiffs and this Court, sufficiently in advance of the hearing
by way of electronically filed supplemental exhibits with an authenticating
declaration.
5. Finally, Plaintiffs must provide to Defendants and this Court, sufficiently in
advance of the hearing by way of electronically filed supplemental exhibits
with an authenticating declaration, at least 10 representative photographs of
their present exotic animal operation in Roscommon, Michigan, and are
encouraged, but not required, to permit Defendants’ counsel to personally
inspect those operations, in an effort to provide adequate assurances that the
exotic animal operation has been permanently removed from Groveland
Township.

IT IS SO ORDERED.

Dated: May 4, 2016

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record
on May 4, 2016, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti