Davis v. Echo Valley Condominium Association et al

Filing 46

STIPULATED ORDER FOR PRELIMINARY INJUNCTION. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PHYLLIS DAVIS,
Plaintiff,

Case Number 17-12475
Honorable David M. Lawson

v.
ECHO VALLEY CONDOMINIUM ASSOCIATION,
CASA BELLA PROPERTY MANAGEMENT, INC.,
MOISEY LAMNIN, ELLA LAMNIN, and WANDA
RULE,
Defendants.
____________________________________________/
STIPULATED ORDER FOR PRELIMINARY INJUNCTION
Based on the stipulation of the parties,
It is ORDERED that in the event defendants Moisey Lamnin and Ella Lamnin decide to
lease out Unit No. 115 located at 27635 West Echo Valley, Farmington Hills, MI during the
pendency of this litigation that they shall include a contractual clause in the lease that shall prohibit
smoking by the tenant(s) and guest(s) of the tenant(s).
It is further ORDERED that this stipulated order shall not impact the Lamnin defendants’
ability to sell and/or encumber the property deed located at 27635 West Echo Valley, Farmington
Hills, MI 48334 Unit No. 115.
It is further ORDERED that this stipulated order is not an admission of liability and does not
prohibit the Lamnin defendants from presenting any and all possible defenses as to the plaintiff's
alleged claims.
It is further ORDERED that the plaintiff’s motions for preliminary injunction [dkt. #20 and
#36] are DISMISSED WITHOUT PREJUDICE.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: January 16, 2018
Stipulated to by:
s/Alan Joseph Gocha
Alan Joseph Gocha
Brooks Kushman P.C.
1000 Town Center
22nd Floor
Southfield, MI 48075
248-226-2755
Fax: [phone]
Email: [e-mail]
Attorney for the plaintiff
s/Donald C. Brownell
Donald C. Brownell
Vandeveer Garzia
840 W. Long Lake Road
Suite 600
Troy, MI 48098-6340
248-312-2800
Fax: [phone]
Email: [e-mail]
Attorney for defendants Lamnin
s/Robert J. Huebner
Robert J. Huebner
Law Office of Raymond H. Pittman, III
3245 Levis Commons Blvd.
Perrysburg, OH 43551
419-873-2322
Fax: [phone]
Email: [e-mail]
Attorney for the defendants Lamnin

s/Benjamin J. Henry
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Benjamin J. Henry
Makower Abbate Guerra Wegner Vollmer PLLC
30140 Orchard Lake Road
Suite 1
Farmington Hills, MI 48334
248-671-0137
Fax: [phone]
Email: [e-mail]
Attorney for defendants Echo Valley and Casa Bella
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on January 16, 2018.
s/Susan Pinkowski
SUSAN PINKOWSKI

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