Detroit Free Press, Inc. v. Orion, Township of, et al

Filing 26

ORDER denying without prejudice 10 Motion for Partial Summary Judgment and Motion for Preliminary Injunction. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DETROIT FREE PRESS, INC.,
Plaintiff,

CIVIL ACTION NO. 16-11698

v.

HON. GEORGE CARAM STEEH

TOWNSHIP OF ORION, et al.,
Defendant.
/
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S
MOTION FOR PARTIAL SUMMARY JUDGMENT
AND FOR PRELIMINARY INJUNCTION (DOC. 10)
On September 22, 2016, this court held a hearing on plaintiff Detroit Free Press’
motion for partial summary judgment as to liability and for a preliminary injunction to
enjoin enforcement of defendant Township of Orion’s anti-littering ordinance to prohibit
dissemination of Select to Township residents. At that time, no scheduling order was
yet in place and no discovery had been taken. At the hearing, plaintiff’s counsel
represented that it only delivered Select to residents who had requested delivery of the
publication. Prior to issuing its ruling here, the court would like to be fully informed as to
the process for determining which residents received Select, and how plaintiff enforced
its opt-out program for those residents notifying plaintiff that they wished to cease
delivery of Select. Because these facts and others that may be the proper subject of
discovery, will enlighten this court’s decision on the issue of liability and injunctive relief,
plaintiff’s motion for partial summary judgment and for a preliminary injunction (Doc. 10)
is DENIED WITHOUT PREJUDICE pending further factual development.
-1-

IT IS FURTHER ORDERED that the parties commence discovery forthwith.
Plaintiff may renew its motion according to the deadlines to be established at the
scheduling conference set for November 21, 2016.
IT IS SO ORDERED.
Dated: October 24, 2016
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 24, 2016, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

-2-